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Three same-sex couples challenging Nebraska foster parent policy

LINCOLN, Neb. (AP) — Three same-sex couples are challenging a Nebraska policy that prevents them from serving as foster parents.

A lawsuit filed Tuesday by the state and national American Civil Liberties Union argues that the rule discriminates against would-be foster parents based on their sexual orientation. The administrative policy was enacted in 1995 by what was then the Nebraska Department of Social Services.

The lawsuit argues that the rule excludes couples who are willing to become foster parents. Nebraska had more than 3,800 children who were in out-of-home care in April. The ACLU says similar restrictions have been struck down by courts in Arkansas, Florida and Missouri.

The Department of Health and Human Services referred questions to the Nebraska Attorney General's office. A spokeswoman did not immediately respond to a request for comment.

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