Essential Estrogen

Gov. Chet Culver is urging Iowans to take a deep, slow breath in response to an opinion filed by the Iowa Supreme Court Friday, which said a lesbian had the right to seek custody and visitation of adoptive children. The woman and her partner, the children's biological mother, had separated.

Although opponents of same-sex marriage could view the opinion as an indication of how the state's highest court will rule on a lower court's decision to briefly legalize such marriages, Culver told Radio Iowa that would be an over-reaction.

"I think we have to let the judicial branch work through these cases and as a former government teacher and as governor I have a lot of respect for the judicial process. We shouldn't tamper with it," Culver says. "Let them do their work and then we can respond and react if we need to."

In the opinion released Friday, authored by Justice Michael J. Streit, the court outlined how Jamie and Heather Schott were in a committed relationship for several years and jointly parented Jamie's two biological children. Heather had adopted the two children and, following the separation, petitioned Polk County District Court in January 2007 for a ruling on "child custody, physical care and support."

Instead of ruling on the petition, however, the court questioned whether it had jurisdiction, given that the adoptions of the children were contrary to Iowa's adoption statute. The district court refused to rule, citing subject matter jurisdiction. In essence, the district court declared the adoptions invalid, prompting the appeal.

"On appeal, we find it was inappropriate for the district court to collaterally attack the adoptions," Justice Streit wrote in the opinion. "Heather is the children's legal parent and the district court had subject matter jurisdiction to rule on her petition."

The opinion admonished the district court for not recognizing that the adoptions were originally handled as "second parent," such as those of step-parents. Adoptions of that nature do not require the termination of rights by both biological parents, something the district court had argued in response to Heather's petition.

Although the Supreme Court opinion does not set the requested guidelines for child custody, physical care and support, it does force the case back to the district court where such decisions must now be made.

Culver, who has often stated his opposition of same-sex marriage, indicated he would prompt the Iowa Legislature to act if the Iowa Supreme Court ruled such couples had the right to marry. Despite that, however, Culver is not advocating legislative action before the Supreme Court hears and rules on the case.