Three gay Nebraska couples sued Gov. Dave Heineman (R) Tuesday over the state’s policy banning same-sex couples from adopting children or being foster parents.
The policy, established in 1995, prohibits the states from allowing adoption by or issuing foster parent licenses to “persons who identify themselves as homosexuals” or who are “unrelated, unmarried adults residing together,” according to the lawsuit
The lawsuit alleges that the policy violates the couple’s equal protection rights under the U.S. Constitution.
Heineman is an opponent of same-sex marriage. The Lincoln Journal-Star reported Tuesday that a bill will be introduced next legislative section that would prohibit discrimination based on sexual orientation for adoptive or foster parents.
The suit also names Kerry Winterer, CEO of the Nebraska Department of Health and Human Services, and Thomas Pristow, director of the Nebraska Division of Children and Family Services, as defendants. The couples are represented by attornies from the ACLU and the New York City law firm Sullivan and Cromwell.
The lawsuit is below.