In 1995, Nebraska issued the notorious Memo 1-95, which prohibited same-sex couples from fostering children. The policy barred same-sex couples from adopting children as well; under state law, individuals may adopt kids from state care only if they have first been licensed as foster parents—which Memo 1-95 made impossible for “persons who identify themselves as homosexuals.” In 2013, three same-sex couples, represented by the ACLU and Sullivan & Cromwell, filed a lawsuit alleging that the ban violated of their constitutional rights. Nebraska appealed to the state Supreme Court. On Friday, the Nebraska Supreme Court unanimously rejected the state’s appeal, affirming the lower court decision.
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