Filed Date: Aug. 27, 2013
Case Ongoing
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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)
Colborn, John A. (Nebraska)
Miller, Amy A. (Nebraska)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Nebraska
Case Type(s):
Public Benefits/Government Services
Special Collection(s):
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):
Attorney Organizations:
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
Nebraska Department of Health and Human Services, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
LGBTQ+:
Discrimination-basis:
Type of Facility: