Stewart v. Heineman, 296 Neb. 262, was a Nebraska Supreme Court case decided on April 7, 2017. The Court upheld the lower court's decision that struck down Nebraska's ban on same-sex couples being licensed as foster parents.[1][2]
| Stewart v. Heineman | |
|---|---|
| Court | Nebraska Supreme Court |
| Full case name | Greg STEWART et al., appellees, v. Dave HEINEMAN, in his official capacity as Governor of Nebraska, et al., appellants. |
| Argued | January 5, 2017 |
| Decided | April 7, 2017 |
| Citation | 296 Neb. 262 |
| Case history | |
| Appealed from | Lancaster County District Court |
| Appealed to | Nebraska Supreme Court |
| Outcome | |
| Affirmed Lancaster County District Court's ruling | |
| Holding | |
| Nebraska's ban on same-sex couples being licensed as foster parents stricken. | |
| Court membership | |
| Chief judge | Michael G. Heavican |
| Associate judges | John F. Wright, Lindsey Miller-Lerman, William B. Cassel, Stephanie F. Stacy, Max J. Kelch, and Jeffrey J. Funke |
Background
editA 1995 Nebraska administrative memorandum prohibited individuals or couples in same-sex relationships from being licensed as foster parents. The plaintiffs, three same-sex couples, filed suit against the defendants, Dave Heineman, former Governor of Nebraska; Kerry Winterer, former chief executive officer of the Department of Health and Human Services (DHHS); and Thomas Pristow, former director of the Division of Children and Family Services. The Plaintiffs sought to enjoin the Defendants from enforcing the administrative memo and from restricting same-sex couples and individuals from becoming foster parents.[2][3] The Plaintiffs were represented by the American Civil Liberties Union (ACLU), the ACLU of Nebraska, and the law firm Sullivan & Cromwell LLP, who filed the lawsuit in state court on August 27, 2013.[4][5][6] The Plaintiffs argued that the policy was unconstitutional because it treated same-sex couples differently, violated their personal liberties, and subjected them to sexual orientation-based prejudice.[7][2]
In August 2015, Lancaster County District Judge John Colborn ruled in favor of the Plaintiffs, ordering the memorandum be rescinded and stricken and that state actors “refrain from adopting or applying policies, procedures, or review processes that treat Gay and Lesbian individuals and couples differently from similarly situated heterosexual individuals and couples when evaluating foster care or adoption applicants."[1][8][9]
Decision
editThe Defendants appealed on the grounds of lack of standing, lack of case and controversy, and mootness. The Nebraska Supreme Court disagreed with Defendants' arguments and decided that the case was ripe for judicial review and not moot. The Court subsequently affirmed the lower court's decision.[2][10][11][12][13][14]
See also
editReferences
edit- ^ a b "Stewart v. Heineman, 296 Neb. 262 | Casetext Search + Citator". casetext.com. Retrieved January 24, 2024.
- ^ a b c d "Stewart v. Heineman". Justia Law. Retrieved September 3, 2023.
- ^ "Stewart and Stewart v. Heineman". American Civil Liberties Union. Retrieved September 3, 2023.
- ^ "Stewart and Stewart v. Heineman | ACLU of Nebraska". www.aclunebraska.org. November 6, 2015. Retrieved January 24, 2024.
- ^ "Nebraska Is Sued Over Policy Banning Gay Foster Parents". Bloomberg.com. August 27, 2013. Retrieved January 26, 2024.
- ^ "Legal Recognition of LGBT Families" (PDF). nclrights.org.
- ^ O'Brien, Brendan (August 27, 2013). "Couples challenge Nebraska ban on gay adoptive and foster parents". Reuters.
- ^ "Order Stewart v. Heineman | Civil Rights Litigation Clearinghouse". clearinghouse.net. Retrieved January 24, 2024.
- ^ Horazdovsky, Jocelyn (August 6, 2015). "Nebraska's Ban on Same-Sex Foster Parents Struck Down". KLKN-TV. Retrieved January 26, 2024.
- ^ "Nebraska Supreme Court Allows Claims of Same-Sex Couples Denied Ability to Become Foster Parents". American Bar Association. May 1, 2017.
- ^ "Nebraska Supreme Court upholds decision allowing gays, lesbians to be foster parents in Nebraska". KETV. April 7, 2017. Retrieved January 24, 2024.
- ^ "Nebraska Ban on LGBT Foster Parents to End". news.bloomberglaw.com. Retrieved January 24, 2024.
- ^ "State Supreme Court rules in favor of same-sex couples who challenged state's policy on placing foster children". Omaha World-Herald. April 9, 2017. Retrieved January 24, 2024.
- ^ "Snapshot: LGBTQ Adoption and Foster Care Parenting in Nebraska" (PDF). www.familyequality.org.
External links
edit- Text of Stewart v. Heineman, 296 Neb. 262 is available from: CourtListener Google Scholar Justia vLex Casetext