Nebraska court slams policy that banned gay foster parents | Nation | omaha.com

OMAHA, Neb. (AP) — The Nebraska Supreme Court says a former state policy banning same-sex couples from serving as foster parents or adopting wards of the state was akin to hanging a “Whites Only” sign on a hiring-office door.

The court on Friday ruled that a judge’s 2015 ruling striking down the policy will stand.

The decision came in a lawsuit filed by three same-sex couples in 2013. A judge ruled in the couples’ favor, declaring as unconstitutional the Nebraska Department of Health and Human Services policy.

The state’s high court rejected state attorneys’ arguments that Lancaster County District Judge John Colburn’s finding should be reversed because DHHS had quietly stopped enforcing the ban in 2012, making the matter moot.

Its ruling slammed the 1995 administrative policy, which remained on the agency’s website until February 2015, as evidence “that ‘heterosexuals only’ need apply to be foster parents.”

“It is legally indistinguishable from a sign reading ‘Whites Only’ on the hiring-office door,” Justice John Wright wrote.

Source: Nation | omaha.com

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