In re Adoption of Yasmin S., 308 Neb. 771

Kelly H. and Maria V., a same-sex couple married in California, live in Nebraska and have jointly cared for Yasmin S., a child born in 2017 to Maria’s sister.
The biological mother relinquished parental rights; the putative father abandoned the child and did not contest adoption.
In May 2020, Kelly and Maria petitioned the Dixon County Court to adopt Yasmin; the petition described them as a “wife and wife.”
The county court concluded it lacked authority to permit adoption by a “wife and wife,” relying on historical definitions of “husband” and “wife,” and denied the petition.
Kelly and Maria appealed directly to the Nebraska Supreme Court; the Attorney General did not appear, and the Supreme Court granted bypass review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Neb. Rev. Stat. § 43-101 permits a same-sex married couple to adopt	§ 43-101 allows "any adult person or persons" to adopt; both spouses joined, so adoption is permitted	County court: "husband"/"wife" meant opposite-sex when enacted, so court lacks authority for "wife and wife" adoption	Court: § 43-101’s plain text permits adoption by a same-sex married couple; reversed and remanded
Whether historical meanings of "husband"/"wife" control statutory interpretation	Current ordinary meaning applies; statute does not use the word "married," and caveat (spouse must join) is satisfied	County court relied on older dictionary definitions to exclude same-sex spouses	Court: even using historical definitions, statutory text allows the adoption; result unchanged
Whether Court must resolve asserted due process and equal protection claims	Kelly and Maria raised constitutional challenges to the county court’s interpretation	State did not appear to argue; county court avoided constitutional analysis	Court declined to reach constitutional claims because statute’s plain meaning resolved the case

Obergefell v. Hodges, 576 U.S. 644 (2015) (recognized constitutional right to same-sex marriage)
New Prime Inc. v. Oliveira, 139 S. Ct. 532 (2019) (canon quoted about ordinary meaning at time of enactment)
Heiden v. Norris, 300 Neb. 171 (2018) (Nebraska precedent on statutory interpretation)
In re Adoption of Luke, 263 Neb. 365 (2002) (adoption governed by statute, not common law)
In re Petition of Anonymous 5, 286 Neb. 640 (2013) (courts may not rewrite statutes)
Transport Workers of America v. Transit Auth. of City of Omaha, 205 Neb. 26 (1979) (prefer construction that preserves constitutionality)
Seldin v. Estate of Silverman, 305 Neb. 185 (2020) (appellate courts avoid unnecessary analysis)