The seven-member Nebraska Supreme Court has unanimously affirmed a decision by Lancaster County District Judge John A. Colborn that a formal published policy adopted by the state in 1995 banning adoptions or foster placements into any household with a “homosexual” in residence was unconstitutional, as was an informal policy adopted more recently by chief executive officers of the state’s Department of Health and Human Services under which “exceptions” could be made in particular cases by … <Read More>
jurisdiction
Will the Supreme Court Actually Decide the DOMA Case?
When the Supreme Court granted the Solicitor General’s petition for certiorari on December 7, 2012, in United States v. Edith Windsor, posing the question whether Section 3 of the Defense of Marriage Act violates the equal protection rights of married same-sex couples by denying them federal recognition, the Court added two questions: Whether the government’s “agreement with the court below that DOMA is unconstitutional deprives [the Supreme Court] of jurisdiction to decide this case, and … <Read More>