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

Kelly H. and Maria V., a same-sex couple married in California in 2008, later moved to Nebraska.
Yasmin S. was born in 2017 to Maria’s sister; the biological mother executed a relinquishment and consent to adoption; the putative father abandoned the child.
Yasmin has lived in Kelly and Maria’s home since birth; in May 2020 they petitioned the Dixon County Court to adopt her.
The county court denied the petition, concluding it lacked authority to permit adoption by a “wife and wife,” relying on traditional definitions of “husband” and “wife.”
Kelly and Maria appealed directly to the Nebraska Supreme Court; the Attorney General declined to appear, and the Supreme Court granted bypass review.
The Nebraska Supreme Court reversed, holding that the plain language of Neb. Rev. Stat. § 43-101(1) permits a same-sex married couple to adopt and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 43-101(1) authorizes a same-sex married couple to adopt a minor	§ 43-101(1) plainly permits adoption by “any adult person or persons”; the wife-wife couple qualifies and the spouse joined the petition	County court: historical definitions of “husband”/“wife” mean the statute doesn’t authorize a “wife and wife” adoption	Reversed: statute’s plain text (“any adult person or persons” and requirement that a husband or wife join if present) allows adoption by a same-sex married couple; either contemporary or historical definitions do not change result
Whether court must resolve plaintiffs’ due process/equal protection claims	Kelly argued the county court’s interpretation violated constitutional rights	State did not appear; county court framed its decision as lack of authority	Court declined to reach constitutional claims because statutory interpretation resolved the appeal; constitutional analysis unnecessary

Heiden v. Norris, 300 Neb. 171 (2018) (statutory interpretation principles)
In re Adoption of Luke, 263 Neb. 365 (2002) (adoption statutes and common-law background)
In re Petition of Anonymous 5, 286 Neb. 640 (2013) (courts should not rewrite statutes)
Transport Workers of America v. Transit Auth. of City of Omaha, 205 Neb. 26 (1979) (when possible, adopt a construction that preserves constitutionality)
Obergefell v. Hodges, 576 U.S. 644 (2015) (same-sex marriage constitutional)
Seldin v. Estate of Silverman, 305 Neb. 185 (2020) (appellate courts need not decide unnecessary issues)