Decision Alert: IA Sup. Ct. Case Could give Insight on Upcoming Gay Marriage Case
Nathan Greene
in Iowa Marriage Issue
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A friend notified me that the Iowa Supreme Court is coming out with a decision in a case tomorrow that could give insight as to how the justices will view the gay marriage case (first decided by Polk County Judge Robert Hansen) that is also awaiting a decision.
The case coming out tomorrow deals with two lesbian partners who split up, and one of them filed for custody rights to the children she had somehow adopted. It sounds like they want this type of situation to be considered in a similar fashion as step-parent adoptions. Here is how the Iowa Courts website summarizes the case:
Schott v. Schott
General case description: Heather Joye Schott, who was involved in a same-sex relationship with Jamie Schott, appeals from a district court decision determining it did not have subject-matter jurisdiction and therefore dismissing her petition for determination of custody, child support, and visitation. Heather argues the district court erred in ruling it lacked subject-matter jurisdiction. Heather asserts her adoptions of the two children were second-parent adoptions, the court should interpret Iowa Code section 600.13(4) to include second-parent adoptions, and recognition of subject-matter jurisdiction would be in the best interests of the children.
Check back tomorrow for more details on the ruling.
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