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STEWART v. HEINEMAN

No. S-16-018.

892 N.W.2d 542 (2017)

296 Neb. 262

Greg STEWART et al., appellees, v. Dave HEINEMAN, in his official capacity as Governor of Nebraska, et al., appellants.

Supreme Court of Nebraska.

Filed April 7, 2017.

Attorney(s) appearing for the Case

Douglas J. Peterson , Attorney General, James D. Smith , Ryan S. Post , Lincoln, and Jessica M. Forch for appellants.

Amy A. Miller , of ACLU Nebraska Foundation, Inc., Leslie Cooper , of ACLU Foundation, Inc., and Garrard R. Beeney and W. Rudolph Kleysteuber , of Sullivan & Cromwell, L.L.P., for appellees.

Robert McEwen and Sarah Helvey , of Nebraska Appleseed Center for Law in the Public Interest, for amicus curiae Nebraska Appleseed Center for Law in the Public Interest.

Daniel S. Volchok and Kevin M. Lamb , of Wilmer, Cutler, Pickering, Hale & Dorr, L.L.P., and Robert F. Bartle , of Bartle & Geier Law Firm, Lincoln, for amici curiae Child Welfare League of America et al.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

I. NATURE OF CASE

The plaintiffs, three same-sex couples, sought, pursuant to 42 U.S.C. § 1983 (2012), to enjoin the defendants, Dave Heineman, the former Governor of the State of Nebraska; Kerry Winterer, in his official capacity as the chief executive officer of the Department of Health and Human Services (DHHS); and...

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