Case: Jane (2013-25) Doe v. Idaho

13-41463 | Idaho state trial court

Filed Date: Nov. 6, 2013

Clearinghouse coding complete

Case Summary

On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse the Magistrate Judge's order of dismissal so that she may be found eligible to adopt. The appellant argued that the Magistrate Judge had acted without authority when she dismissed the petition without a…

On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse the Magistrate Judge's order of dismissal so that she may be found eligible to adopt. The appellant argued that the Magistrate Judge had acted without authority when she dismissed the petition without a hearing.

Specifically, the appellant argued that Idaho adoption statutes are not ambiguous and do not require the potential adoptive parent to be married. She further argues that her interpretation - that Idaho statute does not limit adoption to married spouses, avoids an unconstitutional outcome that would be in violation of equal protection and due process requirements.

On February 10, 2014, Judge Joel D. Horton reversed and remanded the case. The Supreme Court of Idaho found that the Magistrate Judge did violate the appellant's due process by dismissing the case without giving the appellant the opportunity for a hearing. The court further found that the Idaho adoption statute does not preclude a petitioner from adopting her domestic partner's children even if the partners are not married.

Summary Authors

Gabriela Hybel (2/6/2017)

People


Judge(s)

Jones, Jim (Idaho)

Attorneys(s) for Plaintiff

Mauk, William L. (Idaho)

Judge(s)

Jones, Jim (Idaho)

Attorneys(s) for Plaintiff

Mauk, William L. (Idaho)

Documents in the Clearinghouse

Document

13-41463

Appellant's Brief

Idaho state supreme court

Nov. 6, 2013

Nov. 6, 2013

Pleading / Motion / Brief

13-41463

Opinion

Idaho state supreme court

326 P.3d 347

Feb. 10, 2014

Feb. 10, 2014

Order/Opinion

Resources

Docket

Last updated Aug. 18, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Idaho

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Nov. 6, 2013

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Woman filing petition to adopter her partner's children.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Adoption

Disparate Treatment

Gay/lesbian/transgender

Discrimination-basis:

Family discrimination

Sexual orientatation