2 lesbian women sue state of Nebraska seeking full parental rights
A same-sex couple want to be able to make medical
By Andrew Ozaki
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OMAHA, Nebraska (KETV) — Kristin Williams was the first to hold her partner’s son Kadin when he was born 19 years ago.
“Erin had a C-section, and he couldn’t get his body temperature up. And I was the one that did skin-to-skin contact to get his body temperature up,” Williams said.
Erin Porterfield helped deliver Kristin’s son Cameron three years later.
Both women used anonymous sperm donors to begin their family.
But on the birth certificates, only the biological mother’s name was allowed.
“I was in stark realization that this was going to be battle since forever,” Porterfield said.
The couple split up in 2013 but continue to raise their sons together.
“We were clear in saying that we would always be their parents and that we were committed to cooperate on their best behalf,” Porterfield said.
They want to be able to make medical, educational and life decisions for each others’ sons. And they are fighting to get Nebraska to legally recognize that.
“It makes me feel more secure to know Kristin is there should anything happen to me,” Porterfield said.
“My concern is that, would one of us pass away all of a sudden, that the kids get equal access to the benefits there-in without unfair taxation,” Williams said.
On Monday, ACLU Nebraska filed a lawsuit on the family’s behalf. It alleges the state is violating the equal protection clause of the United States Constitution.
The Nebraska Department of Health and Human Services routinely accepts voluntary acknowledgments of paternity for straight unwed couples “without any thought or inquiry.”
“It is about a family wanting the same rights as any other family,” said Sara Rips, an attorney with ACLU Nebraska.
Nebraska Department of Health and Human Services responded to the ACLU with this letter.
The agency said the only route to legal parentage is through marriage, adoption or biological relationship.
Gov. Pete Ricketts told KETV Newswatch 7 on Monday they’re not discriminating against anyone.
“The couple had the opportunity to get married and chose not to. So, we looked at how Nebraska law reads and we applied Nebraska law,” Ricketts said.
The women said they could not get married when they were together because it was not legal in Nebraska until the U.S. Supreme Court’s Obergefell v. Hodges decision in 2015.
They said they should not have to go through additional legal steps just to be treated like any other Nebraska family.
“The Ricketts administration didn’t have to go this route. They are choosing to take up taxpayer’s dollars, the time of everyone involved, to continue to pursue hateful actions towards queer people,” Williams said.
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