Court Rules In Favor of Davenport Same Sex Couple - News and Weather For The Quad Cities -

Court Rules In Favor of Davenport Same Sex Couple

Updated: Dec 17, 2012 09:21 PM CST

It's a legal victory for a same sex couple from Davenport. A judge has ruled both Jess and Jenny Buntemeyer's names can be on their son's death certificate. The couple sued the state after Jenny's name was erased.

"We're obviously very excited, we're ready for the state to issue us a corrected certificate," says Jenny Buntemeyer.

A Polk County judge issued a ruling saying both partners in a same sex relationship can also qualify as parents.

"It makes us feel a little more better about it," adds Jenny, "Even though we're never going to be completely happy again and we're always going to feel his loss, at least now we'll be recognized as his parents."

Baby Brayden was born stillborn almost a year ago. While filling out his death certificate, Jess signed the line for the mother and Jenny wrote in the only other space available, which is for the father. The Iowa Department of Public Health whited out Jenny's name. The Iowa Attorney General's office said the state was correct in erasing Jenny's name. So, the couple took the state to court.

"We're both his parents and we both deserve that recognition," says Jess Buntemeyer, "He deserves that too."

The Buntemeyer's say they won't stop fighting for baby Brayden, even if the state appeals.

"We've already come so far and there's no reason to stop now, we'll go all the way to Supreme Court if need be," says Jenny.

The Iowa Attorney General's office says it's reviewing the ruling.