ACLU Nebraska Legal Program - GLBT (Gay Lesbian Bisexual Transgender)
Rights
Click here to read more about ACLU Nebraska's
other legal program areas.
Transgender people have the right to get a new driver's
license reflecting their reassignment. Yet many people
contacted us, complaining that when they went to the Department of
Motor Vehicles for a new license, they were hassled. There did
not seem to be a clear policy about what amount of medical treatment
counted as adequate to meet the new gender. ACLU Nebraska met
with DMV officials and negotiated a resolution. The DMV has
now created a single form that the transitioning person's doctor can
complete, asserting the patient is now to be considered male or
female. You can get a copy of this form online:
http://www.dmv.ne.gov/examining/pdf/Certificationofsexreassignment.pdf
(December 7, 2009)
The school was upset about students wanting to stay quiet for
a day. Students at Grand Island High School wanted to
observe the National Day of Silence in honor of GLBT persons who
have been silenced in society. The students would hand out
flyers describing why they were silent, but the kids would still
participate fully in class. The school administrators
initially said no--the flyers couldn't be distributed since they
could be a "safety issue" to allow students to bring a box into
school. Huh? After ACLU contacted the school's attorney,
the Day of Silence was observed and the flyers were handed out with
no problems. Tyler Pierce, the student responsible for
organizing the event, will be trying to organize a GSA for the
school next year. (April 2009)
Bellevue East High didn't want to let students form a
gay-straight alliance (GSA). One school official told the
founders of the club "We can't allow that, it would spread gayism"
and "What's next? Orgies in the hallways?" It took almost two
years, but the students persevered and with ACLU's help finally won
full recognition. The GSA now holds meetings regularly, has
announcements read with other school clubs, had a yearbook picture
featuring the club and even held a rock concert at school as a
fundraiser. Plus, in 2009, GSA founding member Ashley Moffat
received a $12,500 college scholarship from the national ACLU as a
youth activist scholar! (January 2009)
An openly gay and HIV positive volunteer firefighter was
terminated from his position when a new city employee learned of his
status. The small rural community relies entirely on
volunteers to fight fires. When "Bob" (a pseudonym to protect
his privacy) moved back to the town, he was actually asked to join
the fire squad because of his excellent physical condition.
Bob agreed but informed all the firefighters together in a meeting
that he was HIV+. They unanimously voted him onto the force
anyway, where he helped fight one fire and volunteered at community
events...until a new city employee came along, learned about Bob's
status and orientation, and summarily "fired" him from being a
volunteer. After ACLU Nebraska contacted the city, Bob was not
only replaced on the force--he decided to run for office in city
government and won! (September 2008)
The fight against Nebraska's extreme
anti-GLBT constitutional amendment 416. Article 1, Section 29 of the Nebraska Constitution, formerly known as
Initiative 416, was passed in November 2000 in a heavily debated
election that received the second highest turnout in the state’s history.
Click here for a full timeline of
events related to the case. The law
went far beyond restricting the right to marry to heterosexual couples.
The law specifically voids the uniting of two persons of the same sex in a
"civil union, domestic partnership, or other similar same-sex
relationship." ACLU and Lambda Legal filed a lawsuit on behalf of three organizations who argued their members are
harmed by Initiative 416: ACLU Nebraska, Nebraska Advocates for
Justice and Equality, and Citizens for Equal Protection. The suit
argued that Initiative 416 blocks gays and lesbians from obtaining
any protection for their families through legislative means, in
violation of the federal constitution. Sadly, on July 14, 2006, a
three judge panel of the 8th Circuit held Initiative 416 did not violate
the Constitution. We asked the entire 8th Circuit Court of Appeals to
hear the appeal, but the court refused, ending the legal
battle. Sadly, the Amendment remains in the Nebraska Constitution, but
there is some positive news: the entire battle drew attention to the
inequity of laws for GLBT people and educated many Nebraskans about anti-gay
discrimination. The battle drew new allies to the continuing fight for
equality. The plaintiffs and people affected by this case have to
return to attempting other ways to help protect same sex families and their
children in the legislature, in the courts, and in our communities.
(July 14, 2006)
A family of a toddler (given the pseudonym Luke to protect his privacy), his biological mother and his
non-biological mother were the subject of a case that went to the Nebraska Supreme Court. In the case
In Re Luke, ACLU Nebraska’s Legal Director argued that state
law allows an adoption that is in the best interests of the child,
even if the parents are not married or are of the same sex. Luke’s
non-biological mother was his primary caregiver since birth. Luke’s
biological mother gave birth to him via artificial insemination, so
he had only one legal parent. Luke’s moms sought court protection of
their parental relationship to guarantee a clear right of custody,
inheritance, and support for Luke in the event of one of the women’s
deaths. The trial court denied the adoption, so we filed an appeal
to determine whether Nebraska law allows unmarried couples to adopt.
In March, 2002, the Nebraska Supreme Court ruled that the adoption
could not take place. The Court wrote they were bound by the
language of the adoption laws, which were first written in the
1940's. The Court did not hold that gays and lesbians could not
adopt or would make unfit parents: instead, the Court just ruled
that no two unmarried people could jointly adopt a child, regardless
of their sexual orientation.
A Pennsylvania couple decided to adopt a child together in 1995. Serenna Russell and her partner Joan
Bridgens adopted a child from foster care together in Pennsylvania. The women’s relationship later ended,
and Serenna eventually moved to Nebraska with the child. They resided together in Nebraska for several
years. When Serenna petitioned a Nebraska court for child support and a visitation plan for her former
partner, the trial court refused to honor the Pennsylvania adoption. Joan removed the child from Serenna’s
care, arguing that as she had adopted him first, Serenna’s subsequent adoption was not valid under
Pennsylvania law, Nebraska law, and public policy. ACLU Nebraska appeared as amicus curiae (“friend of the
court”) at the request of Serenna’s attorney. In 2002, the Nebraska Supreme Court ruled the Pennsylvania
adoption was valid and must be recognized in Nebraska. The case was remanded to the trial court for
further proceedings to set visitation and monetary support for the child.
A number of Norfolk Senior High students formed a GSA (Gay Straight Alliance) student club.
They only wanted to be treated the same as other clubs by being allowed to: meet at school during the ‘club
hour,’ use the photocopier, advertise their meetings in print and PA announcements, and have speakers. The
school administration and school board formally denied their request even though other non-curriculum clubs
(including two religious clubs, and Kiwanis club, and an anti-racism club) have these privileges. When the
ACLU staff attorney wrote a letter to the school in 2002, the school backed down—the GSA will now be
treated in the same manner as all other student clubs. The GSA continues to thrive and educate
Norfolk High students about anti-gay bias. In 2003, the GSA
got a public access television show, and has continued to bring
speakers and hold events up through current time. (May, 2005)
