Case: Stewart v. Heineman

CI 13-3157 | Nebraska state trial court

Filed Date: Aug. 27, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 27, 2013, plaintiffs, same-sex couples in Nebraska, filed suit in the District Court of Lancaster County, Nebraska against the Nebraska Department of Human Services and the Nebraska Division of Children and Family Services. Plaintiffs, represented by attorneys from the ACLU, sued under 42 U.S.C. §1983 and the Nebraska constitution seeking declaratory and injunctive relief prohibiting the Department of Human Services from continuing its policy of denying foster parent licenses to gay a…

On August 27, 2013, plaintiffs, same-sex couples in Nebraska, filed suit in the District Court of Lancaster County, Nebraska against the Nebraska Department of Human Services and the Nebraska Division of Children and Family Services. Plaintiffs, represented by attorneys from the ACLU, sued under 42 U.S.C. §1983 and the Nebraska constitution seeking declaratory and injunctive relief prohibiting the Department of Human Services from continuing its policy of denying foster parent licenses to gay and lesbian individuals and couples.

Specifically, Plaintiffs allege that under Nebraska's policy for the adoption of foster children, individuals who identify as homosexual are categorically denied the ability to adopt children from State custody regardless of their ability to care for the child. Plaintiffs argue that the policy, laid out in a memo by the Defendant, should be subject to a heightened level of scrutiny. This policy, plaintiffs allege, fails the heightened level of scrutiny because it is a blanket exclusion of a class of individuals based solely on their sexual orientation and does not rationally relate to the furtherance of a legitimate state interest.

On April 24, 2014, Judge John A. Colborn denied defendant's motion to dismiss the complaint for failure to state a cause of action. The court found that the disparate impact between state adoption agencies who prohibit same-sex couples from becoming foster parents, and state-licensed private adoption agencies who allow same-sex adoption, is sufficient evidence on which to base an equal protection claim.

According to the ACLU website (https://www.aclu.org/lgbt-rights/stewart-and-stewart-v-heineman), the case is ongoing.

Summary Authors

Patrick Branson (3/23/2015)

People


Judge(s)

Colborn, John A. (Nebraska)

Attorney for Plaintiff

Miller, Amy A. (Nebraska)

Judge(s)

Colborn, John A. (Nebraska)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

CI 13-3157

Complaint

Aug. 27, 2013

Aug. 27, 2013

Complaint

CI 13-3157

Order

April 24, 2014

April 24, 2014

Order/Opinion

Resources

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Nebraska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Aug. 27, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Gay and Lesbian individuals and couples who wish to be licensed as foster parents in Nebraska.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nebraska Division of Children and Family Services, State

State of Nebraska , State

Nebraska Department of Health and Human Services, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None yet

Issues

General:

Adoption

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sexual orientation

Type of Facility:

Government-run