ACLU Nebraska Legal Program - GLBT (Gay Lesbian Bisexual Transgender)
Rights
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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. Top
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. Top
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) Top
