Nebraska’s Ban on Same-Sex Foster Parents Struck Down

Posted By: Jenn Hatcher
jhatcher@klkntv.com

A Nebraska judge has struck down a policy that prevented same-sex couples from serving as foster parents or adopting state wards.

Lancaster County District Judge John Colborn declared the rules unconstitutional, citing the recent U.S. Supreme Court decision that allowed same-sex marriage. 

The ruling came in response to a lawsuit filed on behalf of three same-sex couples. One of them, Lisa and Janet Blakey, Lisa said, "It's one thing to have it as a concept and it's another thing to have it as a possible reality, it's a lot to digest, I'm really excited to have this opportunity now."

But Thursday, Nebraska Attorney General Doug Peterson said his office will file a motion requesting the Lancaster County District Court to reconsider its order issued on August 5, 2015 in Stewart v. Heineman.   The State is concerned that the broad scope of the order requires DHHS to treat “unrelated, unmarried adults residing together” the same as individuals and married couples for foster care and adoptive child placements. 

The Blakey’s said they we’re shocked by the request.  "Something like that has happened to everything else related to the LGBTQ community, we weren't surprised and not nervous,” said Janet.