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Case Name Jane (2013-25) Doe v. Idaho PB-ID-0002
Docket / Court 41463-2013 ( State Court )
State/Territory Idaho
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Case Summary
On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse ... read more >
On November 6, 2013, a woman filed this appeal in the Supreme Court of Idaho. The plaintiff appealed a Magistrate Judge's dismissal of her petition to adopt her partner's children without allowing for and argument or hearing. The plaintiff, represented by private counsel, asked the court reverse the Magistrate Judge's order of dismissal so that she may be found eligible to adopt. The appellant argued that the Magistrate Judge had acted without authority when she dismissed the petition without a hearing.

Specifically, the appellant argued that Idaho adoption statutes are not ambiguous and do not require the potential adoptive parent to be married. She further argues that her interpretation - that Idaho statute does not limit adoption to married spouses, avoids an unconstitutional outcome that would be in violation of equal protection and due process requirements.

On February 10, 2014, Judge Joel D. Horton reversed and remanded the case. The Supreme Court of Idaho found that the Magistrate Judge did violate the appellant's due process by dismissing the case without giving the appellant the opportunity for a hearing. The court further found that the Idaho adoption statute does not preclude a petitioner from adopting her domestic partner's children even if the partners are not married.

Gabriela Hybel - 02/06/2017


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Preliminary relief granted
Defendant-type
Jurisdiction-wide
Discrimination-basis
Family discrimination
Sexual orientatation
General
Adoption
Disparate Treatment
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
State law
Defendant(s) State of Idaho
Plaintiff Description Woman filing petition to adopter her partner's children.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Reversal
Source of Relief Litigation
Filing Year 2013
Case Ongoing No reason to think so
Docket(s)
No docket sheet currently in the collection
General Documents
Appellant's Brief
PB-ID-0002-0001.pdf | Detail
Date: 11/06/2013
Source: Westlaw
Opinion (326 P.3d 347)
PB-ID-0002-0002.pdf | WESTLAW| LEXIS | Detail
Date: 02/10/2014
Source: Westlaw
Judges Jones, Jim Court not on record
PB-ID-0002-0002
Plaintiff's Lawyers Mauk, William L. (Idaho)
PB-ID-0002-0001

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