Justia Nebraska Supreme Court Opinion Summaries

Stewart v. Heineman

By
Plaintiffs were three same-sex couples who sought to enjoin Defendants from enforcing a 1995 administrative memorandum and from restricting gay and lesbian individuals and couples from being considered or selected as foster or adoptive parents. Plaintiffs generally alleged that the policy violated equal protection and due process and violated 42 U.S.C. 1983. The court ordered the memorandum rescinded and stricken and enjoined Defendants and those acting in concert with them from enforcing the memorandum and/or applying a categorical ban such as the one at issue in this case. Defendants appealed, arguing that Plaintiffs lacked standing to bring this case, that there was no case or controversy, and that the lawsuit became moot when the policy memorandum was removed from the Department of Health and Human Services (DHHS) website after Plaintiffs’ motion for summary judgment was filed. The Supreme Court affirmed, holding (1) the underlying action was justiciable; and (2) the district court did not abuse its discretion in awarding costs and attorney fees. View "Stewart v. Heineman" on Justia Law