Dismiss legal challenge to policy barring gay foster parents, state attorneys urge judge

Source: Omaha World Herald

By Martha Stoddard

LINCOLN — State attorneys urged a judge Wednesday to dismiss a legal challenge to a Nebraska policy barring gays and lesbians from being foster parents.

Assistant Attorney General Jessica Forch argued that Lancaster County District Judge John Colborn need not strike down the policy because it is no longer being followed.

“We’re not arguing that it is constitutional,” she said. “It is not applied. It is not a policy. It’s nothing.”

But attorneys for the three same-sex couples who filed the lawsuit said the status of the policy remains unclear and newer procedures also discriminate against gays and lesbians who want to be foster parents.

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