Waters v. Ricketts: A case about Nebraska constitutional amendment prohibiting the marriage of same-sex couples in violation of the Fourteen Amendment.
By Laura Morgan, Family Law Consultant
Nebraska constitutional amendment prohibiting marriage of same-sex couples and not recognizing valid out-of-state marriages of same-sex couples was gender discrimination in violation Fourteenth Amendment substantive due process and equal protection; law created classification based on gender by linking eligibility to marry, or to have marriage recognized, to genders of individuals seeking to marry, state’s authority over domestic relations matters was subject to constitutional limits, state’s alleged interest in channeling children into stable relationships was underinclusive in allowing heterosexual people to have and rear children in unstable or abusive situations, while preventing committed and stable same-sex couples from adopting and providing loving homes to children, intentionally childless couples were permitted to marry, same-sex couples would be denied survivor benefits, same-sex couples could not adopt, and non-adoptive parent had no legal relationship to child being jointly raised.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.