ACLU of Nebraska is undermining children’s rights to have their parent’s names listed on their birth certificates. Sara Rips and Mindy Rush Chipman of the ACLU of Nebraska say that the lawsuit is about equal treatment for families with same-sex parents. They filed a lawsuit against the state on behalf of two Omaha women, Erin Porterfield and Kristin Williams, who each gave birth to children through artificial insemination.
Assistant Nebraska Attorney General Erik Fern said “their claims ignore two indisputable aspects of Nebraska law: that state statutes and regulations require acknowledgments of paternity to affirm the biological father of the child; and that DHHS’ acknowledgment form explicitly requires affirmation of a biological connection. Together these unassailable principles conclusively establish that the challenged laws draw a constitutionally appropriate biologically based distinction, that they do not discriminate based on sex or sexual orientation, and that plaintiffs’ equal protection claims fail as a matter of law”.
Lancaster County District Judge Ryan Post wrote in a 43-page decision dismissing the case saying that “The lawsuit raised two theories: One, that the acknowledgments signed by Porterfield and Williams were valid under Nebraska law so DHHS must accept them and amend the birth certificates; and two, that Porterfield and Williams are the mothers even if their acknowledgments do not comply with the statutes. Plaintiffs cannot prevail under either theory. The court certainly understands why plaintiffs seek a policy change. But that policy decision is for the Legislature, not this court”.
Read more by Lori Pilger from the Lincoln Journal Star, “Judge says Nebraska policy on birth certificates for same-sex parents is for Legislature to decide, ‘not this court’.
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