Citizens For Equal Protection v. Bruning - Case Profile

Citizens For Equal Protection v. Bruning Case Profile

Donna Colley and Margaux Towne-Colley defended their right
to both be recognized as their son Grayson’s legal parents.

The ACLU and Lambda Legal challenged the Nebraska constitutional amendment that excludes same-sex couples from any kind of legal protection for their relationships–from marriage through domestic partnerships. In April of 2003 three advocacy organizations filed suit arguing that the amendment violates the federal constitution because it effectively prevents them from lobbying for any form of relationship recognition for gay, lesbian, and bisexual people in Nebraska, while straight people can still lobby for a variety of protections for their relationships. The advocacy organizations are Citizens For Equal Protection (CFEP), Nebraska Advocates for Justice and Equality (NAJE), and ACLU Nebraska.

Status: The 8th Circuit Court of Appeals upheld the amendment; the ACLU has filed a motion for rehearing.

Press Releases

ACLU and Lambda Legal Urge Federal Appeals Court to Reconsider Ruling Upholding Nebraska’s Extreme Anti-Gay Family Law (July 28, 2006)

Oral Arguments Held in Federal Appeals Court: ACLU and Lambda Legal Urge Court to Uphold Prior Ruling Striking Down Extreme Antigay Nebraska Law Banning All Protections for Same-Sex Couples (February 23, 2006)

ACLU and Lambda Legal Urge Federal Appeals Court to Uphold Ruling Striking Down Extreme Nebraska Law Banning All Protections for Same-Sex Couples (November 1, 2005)

Federal Court Strikes Down Nebraska’s Anti-Gay-Union Law Banning Protections for Same-Sex Couples
(May 12, 2005)

ACLU and Lambda Legal Urge Federal Court To Strike Down Nebraska Law Banning Recognition of Gay Couples
(October 14, 2004)

ACLU and Lambda Legal File Federal Lawsuit To Strike Down Nebraska’s Extreme Law Banning Any Recognition of Gay Couples (April 20, 2003)

Legal Documents

U. S. Court of Appeals for the 8th Circuit:

Petition to the U.S. Court of Appeals for the 8th Circuit for Rehearing and/or Rehearing En Banc

U.S. Court of Appeals for the 8th Circuit Decision

Citizen for Equal Protection v. Bruning State’s Brief

Citizens for Equal Protection v. Bruning Plaintiff’s Brief on Appeal

Friend-of-the-Court Briefs filed in support of plaintiffs:

American Psychological Association Brief

National Association of Social Workers Brief

Parents, Friends, and Families of Lesbians and Gays Brief

Nebraska Family Law Practitioners Brief

District Court:

Citizens for Equal Protection v. Bruning Decision

ACLU’s Opening Brief

State’s Opening Brief

ACLU’s Rebuttal Trial Brief

Order Denying Motion to Dismiss

ACLU’s Complaint