Celebrating 35 YearsAmicus Brief Database

The NASW LDF Amicus Brief Database contains downloadable copies of 300 amicus curiae (friend of the court) briefs filed by NASW or on behalf of NASW for the past four decades. Friend of the court briefs are accepted by courts as an aid to understanding aspects of issues that may not be fully addressed by the parties to the litigation, or where specialized knowledge may be helpful in reaching a conclusion in high profile cases.  The goal of NASW and the Legal Defense Fund has been to ensure that a social work perspective is represented in cases of interest to the profession.

For more about the Amicus Brief Database, click here.

Latest Cases Filed:
Adoptive Couple v. Baby Girl (3/28/2013)
Hollingsworth v. Perry (2/28/2013)
Pickup v. Brown (2/6/2013)
Shelby Co. Alabama v. Holder (2/1/2013)
State of Mississippi v. Buckhalter (11/13/2012)
United States v. Windsor (3/1/2013)
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A

Abdur' Rahman v. Colson  (United States Supreme Court, No. 11-1215)
Case Description: Certiorari petition to U.S. Supreme Court for post-conviction relief for Tennessee death row inmate
NASW Supported: Abu Ali Abdur' Rahman
Outcome: Petition for review denied.
Date Brief Filed: 5/10/2012

Text of Brief (PDF Document)

Abdur'Rahman v. Bell  (United States Supreme Court, 534 U.S. 970 (2001))
Case Description: Death penalty post-conviction case
NASW Supported: Abdur'Rahman
Outcome: Lost. Certiorari denied.
Date Brief Filed: 6/22/2001

Text of Brief (PDF Document)

Adam v. Robinson  (United States District Court, E.D. La., 1986 WL 11761)
Case Description: Class-action by patients of state-operated crisis intervention unit seeking relief from poor conditions at the facility and violation of civil rights.
NASW Supported: Adam
Outcome: Won. Motion to dismiss denied.
Date Brief Filed: 1/1/1900

Text of Brief (PDF Document)
Text of Brief (PDF Document)

Adar v. Smith  (United States Supreme Court, 132 S. Ct. 400 (2011))
Case Description: Adoption by same-sex couple in NY of infant born in Louisiana, seeking birth certifcate name change on parity with opposite-sex adoptive couples. Federal appeal from U.S. Court of Appeals for Fifth Circuit.
NASW Supported: Oren Adar
Outcome: Petition for certiorari denied.
Date Brief Filed: 8/10/2011

Text of Brief (PDF Document)

Addington v. Texas  (United States Supreme Court, 441 U.S. 418, 99 S. Ct. 1804 (1979))
Case Description: Legal standards for involuntary civil commitment
NASW Supported: Addington
Outcome: Mixed. Proof must be more than a preponderance of the evidence, but reasonable-doubt standard is not constitutionally required.
Date Brief Filed: 6/30/1978

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Adoption of M.A., et al.  (Supreme Judicial Court of Maine, 930 A.2d 1088 (2007))
Case Description: Maine case regarding adoption by same-sex couple
NASW Supported: Adoptive couple
Outcome: Court granted relief.
Date Brief Filed: 10/12/2006

Text of Brief (PDF Document)

Adoptive Couple v. Baby Girl  (United State Supreme Court, No. 12-399)
Case Description: Private adoption case interpreting the applicability of the Indian Child Welfare Act.
NASW Supported: Baby Girl, et al.
Outcome: Pending.
Date Brief Filed: 3/28/2013

Text of Brief (PDF Document)

Advocates for Children of New York v. Blum  (United States District Court, S.D.N.Y., 529 F.Supp. 422 (1982))
Case Description: Advocates for Children sought to block automatic transfer of client records from private preventive services agency to government agencies
NASW Supported: Advocates for Children of New York
Outcome: Mixed.
Date Brief Filed: 12/1/1981

Text of Brief (PDF Document)

Aid for Women v. Foulston I  (United States Court of Appeals, 10th Cir., No. 04-3310)
Case Description: Kansas mandatory reporting of adolescent sexual activity
NASW Supported: Aid for Women
Outcome: Lost the appeal of preliminary injunction. Won on remand to district court.
Date Brief Filed: 1/6/2005

Text of Brief (PDF Document)
Court of Appeals Decision (PDF Document)
District Court Decision (PDF Document)

Aid for Women v. Foulston II  (United States Court of Appeals for the 10th Circuit Court , 06-3187, 06-3188 & 06-3202)
Case Description: Kansas mandatory reporting of adolescent sexual activity
NASW Supported: Aid for Women
Outcome: Case dismissed upon mutual request of the parties. Also see brief filed in Aid for Women v. Foulston I
Date Brief Filed: 2/5/2007

Text of Brief (PDF Document)

al Odah v. U.S.  (Supreme Court of the United States, 128 S.Ct. 2229 (2008))
Case Description: Guantanamo Bay detainees seeking habeas corpus access to courts
NASW Supported: al Odah
Outcome: Won. Also, see brief filed jointly in Boumediene v. Bush
Date Brief Filed: 8/24/2007

Text of Brief (PDF Document)

Alaska v. Alaska State Commission for Human Rights  (Alaska Supreme Court, 796 P.2d 458 (1990))
Case Description: Pay equity for public health nurses
NASW Supported: Alaska State Commission for Human Rights
Outcome: Mixed.
Date Brief Filed: 7/1/1989

Anderson (Saenz) v. Roe  (United States Supreme Court, 526 U.S. 489 (1999))
Case Description: Challenge to California's one-year waiting period for welfare benefits for new residents
NASW Supported: Roe
Outcome: Won.
Date Brief Filed: 12/8/1998

Text of Brief (PDF Document)

Angela M.W. v. Kruzicki  (Wisconsin Supreme Court, 211 Wis.2d 536 (1997))
Case Description: Wisconsin detention of substance abusing pregnant woman
NASW Supported: Angela M.W.
Outcome: Won
Date Brief Filed: 5/13/1996

Text of Brief (PDF Document)

Ankrom v. State  (Court of Criminal Appeals of Alabama, CR-09-0395, 2011 Ala. Crim. App. LEXIS 67)
Case Description: Challenge to criminal prosecution of Alabama woman for using drugs while pregnant.
NASW Supported: Hope Ankrom
Outcome: Lost. Court upheld conviction of chemical endangerment of a child. Appeal to Alabama S.Ct. pending.
Date Brief Filed: 9/23/2010

Text of Brief (PDF Document)

Ankrom v. State of Alabama  (Supreme Court of Alabama, No. 11-10176)
Case Description: Petition for review by state high court in a challenge to criminal prosecution of a woman who used illegal substances during pregnancy.
NASW Supported: Hope Ankrom
Outcome: Accepted for review.
Date Brief Filed: 11/18/2011

Text of Brief (PDF Document)

Anonymous v. Anonymous  (Massachusetts Superior Court, No. 818152)
Case Description: Massachusetts case addressing the statute of limitations for a tort action for childhood sexual abuse
NASW Supported: Anonymous plaintiff
Outcome: Won. Undisclosed settlement.
Date Brief Filed: 2/1/1998

Anspach v. Philadelphia  (United States District Court, E.D. Pa., 2:05-CV-00810-JCJ)
Case Description: Philadelphia adolescent access to "morning after" pill
NASW Supported: City of Philadelphia
Outcome: Won.
Date Brief Filed: 4/20/2005

Text of Brief (PDF Document)

Arnold v. Arnold  (Georgia Supreme Court, 275 Ga. 354, 566 S.E.2d 679 (2002))
Case Description: Lesbian parenting case; right for children to associate with homosexual family friend
NASW Supported: Arnold, Kimberly A.
Outcome: Won.
Date Brief Filed: 6/11/2002

Text of Brief (PDF Document)

AT&T v. Hulteen (United States Supreme Court, 129 S.Ct. 1962 (2009))
Case Description: Title VII case challenging discrimination against women in calculating pension benefits
NASW Supported: Hulteen
Outcome: Lost. Court held that calculating pensions differently for pregnancy leave than for medical leave prior to the Pregnancy Discrmination Act was not a violation of Title VII or the PDA.
Date Brief Filed: 11/14/2008

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Auster v. U.S.  (Supreme Court of the United States, 129 S.Ct. 75 (2008))
Case Description: Petition for certiorari in a case interpreting psychotherapist-patient privilege and whether there is a "dangerous patient" exception.
NASW Supported: John Auster
Outcome: Cert. denied.
Date Brief Filed: 6/13/2008

Text of Brief (PDF Document)

Ayotte v. Planned Parenthood of Northern New England  (United States Supreme Court, 126 S.Ct. 961 (2006))
Case Description: Challenge to New Hampshire parental notification law for minors seeking abortion, and judicial bypass procedure
NASW Supported: Planned Parenthood of Northern New England
Outcome: Narrow win. Preserved right to emergency health exception and remanded to lower court.
Date Brief Filed: 10/12/2005

Text of Brief (HyperLink)
Supreme Court Decision (HyperLink)
B

Barnes v. Barnes  (Indiana Supreme Court, 603 N.E.2d 1337 (Ind. 1992))
Case Description: Civil lawsuit by daughter against father based on alleged assault and rape.
NASW Supported: Polly Anna Barnes
Outcome: Mixed. Court did not reach issue of whether to reject general parental tort immunity because this case involved intentional felonious conduct which precludes the privilege.
Date Brief Filed: 3/8/1991

Text of Brief (PDF Document)

Barrett v. Claycomb  (United States Court of Appeals for the Eighth Circuit, No. 12-1001)
Case Description: Challenge to Linn State Technical College's mandatory suspicionless drug testing program for students
NASW Supported: Michael Barrett, IV, et al.
Outcome: Pending.
Date Brief Filed: 5/31/2012

Text of Brief (PDF Document)

Biediger v. Quinnipiac University  (U.S. Court of Appeals for the Second Circuit, No. 10-3302-cv)
Case Description: Title IX appeal seeking affirmation of trial court's ruling that a university failed to provide proportionate sports participation opportunities to female students.
NASW Supported: Biediger
Outcome: Favorable. Court affirmed a finding that the university violated Title IX by failing to affored equal participation in varsity sports to female students.
Date Brief Filed: 9/7/2011

Text of Brief (PDF Document)
Court Decision (HyperLink)

Bier v. Zahren  (United States Court of Appeals, 10th Cir., No. 05-1268)
Case Description: Social worker military subpoena for rape victim's civilian counseling records
NASW Supported: Bier
Outcome: Lost, but case referred back to military court which eventually did not enforce subpoena. Rape prosecution dismissed.
Date Brief Filed: 6/5/2005

Text of Brief (PDF Document)
Motion for Stay (Word Document)
Motion for Leave (PDF Document)
Psychotherapist-Patient Privilege in the Military (2005 LDF Legal Article) (HyperLink)

Blessing v. Freestone  (United States Supreme Court, 117 S.Ct. 1353 (1997))
Case Description: Federal civil rights action against Arizona child support agency for failure to collect child support
NASW Supported: Freestone
Outcome: Lost. Court found that Title IV-D of the Social Security Act does not give individuals a federal right to force state agency to substantially comply with its provisions.
Date Brief Filed: 10/1/1996

Text of Brief (PDF Document)

Borden v. Thomas  (United States Supreme Court, No. 11-8303)
Case Description: Petition for post-conviction relief in Alabama death penalty sentencing.
NASW Supported: Jeffrey Borden
Outcome: Review denied.
Date Brief Filed: 2/17/2012

Text of Brief (PDF Document)

Boseman v. Jarrell  (Supreme Court of North Carolina, No. 416PA08-2)
Case Description: Applicability of North Carolina adoption laws to parents in same-sex relationships and finality of adoptions.
NASW Supported: Boseman
Outcome: Mixed. Court held that adoption was void, but upheld award of shared child custody with biological and non-biological moms.
Date Brief Filed: 3/26/2010

Text of Brief (PDF Document)
Motion for Leave to File (PDF Document)
Court Decision (PDF Document)

Boseman v. Jarrell  (North Carolina Court of Appeals, 681 S.E.2d 374 (2009) )
Case Description: North Carolina child custody case supporting adoption by same-sex partner
NASW Supported: Boseman
Outcome: Won. Court upheld validity of adoption, but see appeal to N.C. Sup.Ct..
Date Brief Filed: 10/31/2008

Text of Brief (PDF Document)

Boswell v. Boswell  (Maryland Court of Appeals, 352 Md. 204, 721 A.2d 662 (Md. 1998))
Case Description: Maryland gay father's visitation rights
NASW Supported: Robert Boswell
Outcome: Won
Date Brief Filed: 5/13/1998

Text of Brief (Hyperlink)
What Are the Rights of Children in Gay and Lesbian Families? (2002 LDF Legal Article) (HyperLink)

Bottoms v. Bottoms  (Virginia Supreme Court, 444 S.E.2d 276 (Va. 1995))
Case Description: Virginia lesbian child custody case
NASW Supported: Sharon Lynne Bottoms
Outcome: Lost.
Date Brief Filed: 12/27/1994

Text of Brief (PDF Document)

Boumediene v. Bush; Al Odah v. United States  (United States Supreme Court, 128 S.Ct. 2229 (2008))
Case Description: Case seeking right to habeas corpus review by Guantanamo Bay detainees
NASW Supported: Boumediene and Al Odah
Outcome: Won. Court struck down Military Commissions Act as unconstitutional
Date Brief Filed: 8/24/2007

Text of Brief (PDF Document)
Supreme Court Decision (PDF Document)

Bowen v. Gilliard  (United States Supreme Court, 483 U.S. 587, 107 S.Ct. 3008 (1987))
Case Description: Child support for families receiving AFDC
NASW Supported: Gilliard
Outcome: Lost.
Date Brief Filed: 3/25/1987

Text of Brief (PDF Document)
State Supreme Court Decision (HyperLink)

Boy Scouts of America v. Dale  (United States Supreme Court, 530 U.S. 640 (2000))
Case Description: New Jersey gay scout leader discrimination case
NASW Supported: Dale
Outcome: Lost. Requiring Boy Scouts to admit Dale violated Boy Scouts' First Amendment right of expressive association.
Date Brief Filed: 3/29/2000

Text of Brief (Hyperlink)
Supreme Court Decision (HyperLink)

Bragdon v. Abbott  (United States Supreme Court, 524 U.S. 624, 118 S.Ct. 2196 (1998))
Case Description: AIDS discrimination in dental treatment
NASW Supported: Abbott
Outcome: Mixed. Court found HIV status to constitute disability, but remanded for additional facts and analysis.
Date Brief Filed: 2/6/1998

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Briscoe v. Prince George's County Health Department  (Maryland Court of Appeals, 323 Md. 439, 593 A.2d 1109 (1991))
Case Description: Maryland equal protection claim for pay equity of clinical social workers
NASW Supported: NASW did not file a brief, but provided assistance to Clinical Society
Outcome: Lost.

Brown v. Shasta Union High School District  (Court of Appeal of the State of California, Third Appellate District, C061972)
Case Description: Case challenging suspicionless drug testing requirement for high school extracurricular activities.
NASW Supported: Brown, et al
Outcome: Won preliminary injunction.
Date Brief Filed: 5/20/2010

Text of Brief (PDF Document)
Court Decision (Word Document)
C

C.E.W. v. D.E.W.  (Maine Supreme Judicial Court, 845 A.2d 1146, 2004 ME 43 (2004))
Case Description: Maine lesbian de facto parent case
NASW Supported: C.E.W.
Outcome: Won. Court found that C.E.W. was de facto parent to partner's child.
Date Brief Filed: 12/20/2002

Text of Brief (Word Document)

C.K. v. Shalala  (United States District Court, D.N.J., 883 F.Supp 991 (D.N.J 1995), aff'd, 92 F.3d 171(3d Cir. 1996))
Case Description: New Jersey challenge to welfare reform family cap provision
NASW Supported: C.K.
Outcome: Lost.
Date Brief Filed: 9/23/1994

Text of Brief (PDF Document)

C.K. v. Shalala  (United States Court of Appeals, 3rd Cir., 92 F.3d 171(3d Cir. 1996))
Case Description: New Jersey challenge to welfare reform family cap provision
NASW Supported: C.K.
Outcome: Lost.

California Dental Association v. FTC  (United States Supreme Court, 526 U.S. 756 (1999))
Case Description:
NASW Supported: California Dental Association
Outcome: Mixed. Court found that FTC has jurisdiction over professional associations, but agreed with NASW's position that the "quick look" rule-of-reason analysis was not appropriate to apply to ethical standards that discourage deceptive advertising.
Date Brief Filed: 11/10/1998

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Campbell v. Sundquist  (Tennessee Court of Appeals, 926 S.W.2d 250 (Tenn. Ct. App. 1996))
Case Description: Tennessee challenge to anti-homosexual criminal law
NASW Supported: Campbell
Outcome: Won; Homosexual Practices Act is unconstitutional
Date Brief Filed: 10/9/1995

Text of Brief (PDF Document)

Camreta v. Greene and Alford v. Greene (consolidated)  (United States Supreme Court, 09-1454, 09-1478)
Case Description: Oregon-based case addressing whether a warrant is required for child abuse investigators to interview a child victim.
NASW Supported: Camreta and Alford
Outcome: Court struck down 9th Circuit's warrant requirement on procedural grounds.
Date Brief Filed: 12/16/2010

Text of Brief (PDF Document)
Court Decision (HyperLink)

Cassidy v. Smith  (Colorado Court of Appeals, 817 P.2d 555 (Colo. 1991))
Case Description: Colorado civil action by alleged incest victims against parent perpetrator
NASW Supported: Cassidy
Outcome: Mixed; six-year statute of limitations applied, which began to run on date plaintiffs reached age of majority, plaintiffs allowed to amend complaint to identify incidents which occurred within six years prior to filing lawsuit.
Date Brief Filed: 4/11/1989

Text of Brief (PDF Document)

Catherine D.W. v. Deanna C.S. (also captioned as In the Interest of T.P.S.  (Illinois Appellate Court for the Fifth District, No. 05-10-0617)
Case Description: Legal challenge to termination of guardianship for children parented by an Illinois lesbian couple
NASW Supported: Catherine D.W.
Outcome: Preliminary victory. Court reversed the termination of guardianship and remanded for a decison based on the best interests of the children.
Date Brief Filed: 3/1/2011

Text of Brief (PDF Document)

Catherine D.W. v. Deanna C.S. (also captioned as In the matter of T.P.S. and K.M.S.)  (Illinois Appellate Court for the Fifth District, 2012 IL App (5TH) 120176; 2012 Ill App. LEXIS 830)
Case Description: Illinois case where lesbian parent is seeking judicial recognition of parental status based on an established parental relationship with the children born to her former partner
NASW Supported: Catherine D.W.
Outcome: Favorable. Court found right for same-sex parent to seek custody and visitation of children she co-parented.
Date Brief Filed: 6/4/2012

Text of Brief (PDF Document)
Motion for Leave to File Amicus Brief (PDF Document)
Court Decision (HyperLink)

Catholic Charities v. Illinois  (Circuit Court for the Seventh Judicial District, Sangamon County, 11-MR-254)
Case Description: Case represents an attempt by religious child welfare agency to compel the state to continue contracting to provide services that discriminate against gay and lesbian and unmarried couples in child placement decisions.
NASW Supported: Illinois
Outcome: Won. Court denied child welfare agency's motion for summary judgment and ruled that there is not a right to contract with the government.
Date Brief Filed: 8/15/2011

Text of Brief (PDF Document)
Court Decision (PDF Document)

Chatterjee v. King  (Supreme Court of the State of New Mexico, No. 32,789)
Case Description: New Mexico child custody case involving lesbian mothers.
NASW Supported: Bani Chatterjee
Outcome: Favorable. Non-biological mother permitted to pursue child custody/visitation claims under Uniform Parentage Law.
Date Brief Filed: 5/3/2011

Text of Brief (PDF Document)

Citizens for Equal Protection v. Bruning  (United States Court of Appeals for the Eighth Circuit, 455 F.3d 859 (2006))
Case Description: Nebraska challenge to same-sex marriage ban
NASW Supported: Citizens for Equal Protection
Outcome: Lost. Ban on same-sex marriage found not to violate rights
Date Brief Filed: 11/9/2005

Text of Brief (Word Document)
Review of State Balloting on Marriage for Same-Sex Couples (2005 LDF Legal Article) (HyperLink)

Citizens for Health v. Leavitt  (United States Court of Appeals, 3rd Circuit, 428 F.3d 167 (2005))
Case Description: Challenge to HIPAA medical privacy regulations
NASW Supported: Citizens for Health
Outcome: Lost.
Date Brief Filed: 9/1/2004

Text of Brief (PDF Document)

City of Chicago v. Beretta  (Illinois Appellate Court, 785 N.E.2d 16 (Ill. App. Ct. 2003), rev'd, Nos. 95243, 95253, 95280, 2004 WL 2609699 (Ill. Nov. 18, 2004))
Case Description: Liability of gun manufacturers for handgun violence
NASW Supported: City of Chicago
Outcome: Won, but later reversed on appeal.
Date Brief Filed: 1/31/2001

Text of Brief (PDF Document)

City of Edmonds v. Washington State Building Code Council  (United States Supreme Court, 514 U.S. 725 (1995))
Case Description: Fair Housing case regarding group home accomodation
NASW Supported: Washington State Building Code Council
Outcome: Won. Court affirmed appellate court ruling that city's failure to make reasonable accomodation for group home violated FHA.
Date Brief Filed: 10/1/1994

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

City of New York v. Southerland  (United States Supreme Court, No. 12-215)
Case Description: Legal challenge to a child protection caseworkers' warrant petition and removal of abused and neglected children from their father's home and whether immunity from liability applies.
NASW Supported: City of New York, et al.
Outcome: Certiorari petition denied.
Date Brief Filed: 9/17/2012

Text of Brief (PDF Document)

Cochran v. Commonwealth of Kentucky  (Kentucky Supreme Court, 2008-SC-000095, -- S.W.3d --, 2010 WL 2470870)
Case Description: Kentucky case challenging the criminal prosecution of a woman who continued her pregnancy in spite of a drug addiction.
NASW Supported: Cochran
Outcome: Criminal indictment for ingesting illegal drugs while pregnant was invalid.
Date Brief Filed: 2/23/2009

Text of Brief (PDF Document)

Commonwealth of Virginia v. Sebelius  (United States Court of Appeals for the Fourth Circuit, Nos. 11-1057 & 11-1058)
Case Description: Challenge by Commonwealth of Virginia to federal health reform law alleging violation of the Commerce Clause.
NASW Supported: Kathleen Sebelius, Secretary of DHHS
Outcome: Court ruled that Virginia lacked legal standing to file the complaint and remanded the case for dismissal.
Date Brief Filed: 3/7/2011

Text of Brief (PDF Document)

Commonwealth v. Collett  (Massachusetts Supreme Judicial Court, 387 Mass. 424 (1982), ans. to cert. question, 17 Mass. App.Ct. 913 (1983), rev. denied, 439 N.E.2d 1223 (Mass. 1984))
Case Description: Massachusetts "contemplation or commission of crime" exception to social workert-patient privilege
NASW Supported: Collett
Outcome: Mixed; defendant was able to claim social worker privilege, but exception for commission of a crime required social worker to testify
Date Brief Filed: 4/21/1982

Text of Brief (PDF Document)

Commonwealth v. Fuller  (Massachusetts Supreme Judicial Court, 667 N.E.2d 847 (Mass. 1996))
Case Description: Privileged communication for rape crisis counseling clients in Massachusetts
NASW Supported: Rape Crisis Center of Central Massachusetts, Inc.
Outcome: Won; defendant did not establish threshold showing sufficient to warrant in camera inspection of counseling records.
Date Brief Filed: 5/3/1996

Text of Brief (PDF Document)

Community Service Society v. Welfare Inspector General of New York  (New York Supreme Court, Appellate Division, 411 N.Y.S.2d 188 (N.Y. 1978))
Case Description: New York social worker-client confidentiality case
NASW Supported: Community Service Society
Outcome: Won. Affirmed lower court order granting motions to quash subpoena on the ground of social worker-client privilege.
Date Brief Filed: 10/17/1978

Text of Brief (PDF Document)

Conaway v. Deane & Polyak  (Maryland Court of Appeals, 401 Md. 219 (2007))
Case Description: Maryland same-sex marriage case.
NASW Supported: Deane and Polyak, et al.
Outcome: Court denied relief and held that there is not a fundamental right to same-sex marriage.
Date Brief Filed: 10/19/2006

Text of Brief (PDF Document)
Court of Appeals Decision (PDF Document)

Cote-Whitacre v. Dept of Public Health  (Massachusetts Supreme Judicial Court, 446 Mass. 350, 844 N.E.2d 623 (2006))
Case Description: Applicability of same-sex marriage rights in Massachusetts to non-residents couples
NASW Supported: Cote-Whitacre, et al.
Outcome: Narrow win.
Date Brief Filed: 3/11/2005

Text of Brief (HyperLink)

Cox v. Dry  (Florida Supreme Court, 656 So.2d 902 (Fla. 1995))
Case Description: Florida gay adoption of special needs child
NASW Supported: Cox
Outcome: Mixed: decision of district court approved in part and quashed in part. Case remanded for completetion of record to determinewhether statute can be sustained against constitutional attack.
Date Brief Filed: 5/13/1994

Text of Brief (PDF Document)

Crawford v. Nashville  (United States Supreme Court, 129 S.Ct. 846 (2009))
Case Description: Title VII case seeking protection from retaliation for cooperating with employer's sexual harrassment investigation.
NASW Supported: Crawford
Outcome: Won. Court protected employee who cooperated in sexual harrassment investigation.
Date Brief Filed: 4/16/2008

Text of Brief (PDF Document)
U.S. Supreme Court Decision (HyperLink)

Crawley v. Catoe  (United States Court of Appeals, 4th Cir., 257 F.3d 395 (4th Cir. 2001))
Case Description: South Carolina prosecution of pregnant drug abuser and habeas corpus relief
NASW Supported: Crawley
Outcome: Lost. Judgment of district court dismissing petition for habeas corpus affirmed.
Date Brief Filed: 6/28/2000

Text of Brief (PDF Document)

Cruz v. State  (Court of Appeals of Maryland, No. 443)
Case Description: Maryland prosecution of pregnant substance abuser who delivered low birth-weight infant
NASW Supported: Cruz
Outcome: Won. (Court of Special Appeals brief was forwarded to Court of Appeals)
Date Brief Filed: 11/29/2005

Text of Brief (PDF Document)

Cureton v. National Collegiate Athletic Association  (United States Court of Appeals, 3rd Cir., 252 F.3d 267 (E.D. Pa. 2001))
Case Description: Racial discrimination in college athletics
NASW Supported: Cureton
Outcome: Lost. District Court did not abuse its discretion in denying plaintiff's motion to alter or amend summary judgment and for contemporaneous leave to file a second amended complaint.
Date Brief Filed: 6/8/1999

Text of Brief (PDF Document)

Curran v. Mount Diablo Council of the Boy Scouts  (California Supreme Court, 952 P.2d 218 (Cal. 1998))
Case Description: Boy Scout gay scout leader discrimination challenge
NASW Supported: Curran
Outcome: Lost.
Date Brief Filed: 10/19/1995

Text of Brief (PDF Document)
D

D.M.T. v. T.M.H.  (Supreme Court of Florida, SC12-261)
Case Description: Florida case seeking recognition of parenting rights for biological mother whose ova was implanted in her same-sex partner, who is the child's birth mother.
NASW Supported: T.M.H.
Outcome: Pending.
Date Brief Filed: 5/21/2012

Text of Brief (PDF Document)

Dale v. Boy Scouts of America  (New Jersey Superior Court, App. Div., 308 N.J.Super. 516 (1998))
Case Description: New Jersey gay scout leader discrmination case
NASW Supported: Dale
Outcome: Won. Case later overturned on appeal.
Date Brief Filed: 6/24/1996

Text of Brief (PDF Document)

Dalrymple v. Brown  (Pennsylvania Supreme Court, 701 A.2d 164 (Pa. 1997))
Case Description: Civil lawsuit by Pennsylvania child sexual abuse victim against alleged perpetrator
NASW Supported: Dalrymple
Outcome: Lost. Discovery rule does not toll statute of limitations during years of Plaintiff's repressed memory.
Date Brief Filed: 10/2/1996

Text of Brief (PDF Document)

Daugherty v. Wallace  (Ohio Court of Appeals, 621 N.E.2d 1374 (1993))
Case Description: Constitutional challenge to Ohio state time limits on welfare benefits
NASW Supported: Daugherty
Outcome: Lost. State Constitution does not create affirmative duty for state to provide assistance; time limit for benefits did not violate equal protection rights.
Date Brief Filed: 4/22/1992

Text of Brief (PDF Document)

Davis v. Alabama  (Alabama Court of Criminal Appeals, --- So.2d ----, 2006 WL 510508, (Ala.Crim.App., March 03, 2006))
Case Description: Death penalty post-conviction proceeding challenging exclusion of social work expert's notebook exhibit
NASW Supported: Jimmy Davis, Jr.
Outcome: Lost on procedural grounds.
Date Brief Filed: 1/21/2005

Text of Brief (Word Document)
NASW Reply Brief (Word Document)
NASW Motion to File Amicus Brief (Word Document)
Court of Appeals Decision (PDF Document)

Davis v. Alabama  (Supreme Court of Alabama, --- So.2d ----, 2008 WL 5046928 (CR-03-2086))
Case Description: Death penalty postconviction case involving a social worker's sentence mitigation report.
NASW Supported: Jimmy Davis, Jr.
Outcome: Lost. Cert. denied. Also see 2005 brief filed in Court of Criminal Appeals
Date Brief Filed: 8/26/2008

Text of Brief (PDF Document)
Motion for Leave to File Amicus Brief (PDF Document)

Deane v. Conaway  (Circuit Court for Baltimore City, Maryland, Not Reported in A.2d, 2006 WL 148145)
Case Description: Maryland same-sex marriage challenge
NASW Supported: Deane and Polyak, et al.
Outcome: Won, but reversed on appeal. See Conaway v. Deane.
Date Brief Filed: 6/14/2005

Text of Brief (HyperLink)
What Do the Courts Say about Same-Sex Marriage? (2004 LDF Legal Article) (HyperLink)

Debra H. v. Janice R. (1st Brief)  (New York Supreme Court, Appellate Division, First Department, No. 106569/08)
Case Description: Child custody case involving lesbian couple in New York.
NASW Supported: Debra H.
Outcome: Lost. Court denied standing to Debra H., but see brief in Motion to Appeal.
Date Brief Filed: 2/26/2009

Text of Brief (PDF Document)
NASW Motion to File Amicus Brief (PDF Document)

Debra H. v. Janice R. (2nd Brief)  (New York Supreme Court, Appellate Division, First Department, No. 106569/08 )
Case Description: Child custody case involving lesbian couple in New York.
NASW Supported: Debra H.
Outcome: Motion to Appeal denied by appellate court (but see Motion to Appeal filed in Court of Appeals
Date Brief Filed: 5/18/2009

Text of Brief (PDF Document)
Motion to File Brief (PDF Document)

Debra H. v. Janice R. (3rd Brief)  (New York Court of Appeals, No. 2009-773, No. 10569/08 in case below)
Case Description: De facto” parent case involving lesbian couple in New York
NASW Supported: Debra H.
Outcome: Motion to Appeal granted; appeals brief pending
Date Brief Filed: 7/27/2009

Text of Brief (PDF Document)

Debra H. v. Janice R. (4th Brief)  (Court of Appeals of the State of New York, No, 106569/08)
Case Description: New York "de facto" parent case regarding lesbian couple
NASW Supported: Debra H.
Outcome: Court granted parental status to non-biological parent.
Date Brief Filed: 11/16/2009

Text of Brief (PDF Document)
Motion for Leave to File (PDF Document)
Court of Appeals Decision (HyperLink)

DeKalb Board of Realtors, Inc. v. Thompson  (United States Supreme Court, 506 U.S. 903 (1992))
Case Description: Challenge by realtor to requirement mandating membership in realtor board in order to gain access to multi-listing service
NASW Supported: DeKalb Bd. Of Realtors, Inc.
Outcome: Motion for leave to file amicus brief granted; petition for writ of certiorari to U.S. Court of Appeals for Eleventh Circuit denied.
Date Brief Filed: 2/7/1992

Text of Brief (PDF Document)

Department of Health and Human Services v. Florida (see also Florida v. USDHHS)  (United States Supreme Court, No. 11-398)
Case Description: Legal challange by 26 states to the Obama health reform law, Affordable Care Act.
NASW Supported: Department of Health and Human Services
Outcome: Favorable. Law upheld as constitutional exercise of federal taxing authority.
Date Brief Filed: 1/13/2012

Text of Brief (PDF Document)
Court Decision (HyperLink)

Department of Human Services v. Howard  (Supreme Court of Arkansas, 238 S.W.3d 1 (2006) )
Case Description: Arkansas gay foster parent case
NASW Supported: Howard
Outcome: Won.
Date Brief Filed: 12/19/2005

Text of Brief (PDF Document)

Disability Advocates, Inc. v. New YHork Coalition for Quality Assisted Living  (United States Court of Appeals for the Second Circuit, 675 F.3d 149 (E.D. New York 2012))
Case Description: Legal challenge on behalf of mentally ill residents of New York "adult homes" alleging violations of ADA and Rehabilitation Act and seeking placement in community programs
NASW Supported: Disability Advocates, Inc.
Outcome: Dismissed for lack of standing.
Date Brief Filed: 10/13/2010

Text of Brief (PDF Document)

Doe v. Babcock  (Michigan Supreme Court, 487 N.W.2d 166 (Mich. 1992))
Case Description: use of public funds to pay for an abortion not necessary to save the mother's life
NASW Supported: Doe
Outcome: Lost.
Date Brief Filed: 10/9/1991

Text of Brief (PDF Document)

Doe v. Delaware  (United States Supreme Court, 450 U.S. 382 (1981))
Case Description: Challenge to Delaware law regarding termination of parental rights
NASW Supported: Doe
Outcome: Dismissed for want of a properly presented federal question. Request for rehearing denied.
Date Brief Filed: 6/6/1980

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Doe v. LaBrosse  (Rhode Island Supreme Court, 588 A.2d 605 (R.I. 1991))
Case Description: Civil lawsuit by victims of child sexual abuse against father as alleged perpetrator; statute of limitations issue addressed
NASW Supported: Doe
Outcome: Mixed. Remanded to Superior Court for trial judge to make factual determination of when plaintiff's discovery of harm occurred.
Date Brief Filed: 12/18/1990

Text of Brief (PDF Document)
E

E.O. v. L.M.  (Massachusetts Supreme Judicial Court, 711 N.E.2d 886 (1999))
Case Description: Massachusetts lesbian child-custody case
NASW Supported: E.O.
Outcome: Won. Trial court had equity jurisdiction to grant visitation between child and
Date Brief Filed: 2/22/1999

Text of Brief (PDF Document)

Earls v. Board of Education  (United States Supreme Court, 536 U.S. 822 (2002))
Case Description: Constitutional challenge to school system's suspicionless drug testing requirement for student athletes. Appeal of Earls v. Tecumseh.
NASW Supported: Earls
Outcome: Lost. School's suspicionless drug testing did not violate 4th amendment.
Date Brief Filed: 2/6/2002

Text of Brief (PDF Document)

Earls v. Board of Education  (United States Court of Appeals, 10th Cir., 242 F.3d 1264 (10th Cir. 2001), rev'd, 536 U.S. 822 (2002).)
Case Description: Constitutional challenge to school system's suspicionless drug testing requirement for student athletes.
NASW Supported: Earls
Outcome: Won, but case was later overturned on appeal. Appeals court found school's suspicionless drug testing violated students' 4th Amendment rights.
Date Brief Filed: 8/4/2000

Text of Brief (PDF Document)

East High Gay/Straight Alliance v. Board of Education
Case Description: Interpretation of Equal Access Act for student access to school premises for gay/straight alliance
NASW Supported: East High Gay/Straight Alliance
Date Brief Filed: 3/11/2000

Text of Brief (PDF Document)

Egan v. Hon. Fridlund-Horne/Hochmuth
Case Description: Arizona case seeking child visitation rights in same-sex couple dispute
NASW Supported: Egan
Outcome: Pending
Date Brief Filed: 7/6/2009

Text of Brief (PDF Document)
Motion to File Brief (PDF Document)

Eist v. Maryland State Board of Physicians  (United States Supreme Court, No. 10-1425)
Case Description: Request for certiorari in physician discipline case seeking recognition of patient privacy when a third-party complaint is investigated.
NASW Supported: Dr. Harold Eist
Outcome: Pertition for certiorari denied.
Date Brief Filed: 6/20/2011

Text of Brief (PDF Document)

Encarnacion, et al. v. Astrue  (United Stated Supreme Court, 09-631)
Case Description: Case addressing the method for determining Social Security Disability in children
NASW Supported: Encarnacion
Outcome: Petition for certiorari denied.
Date Brief Filed: 1/4/2010

Text of Brief (PDF Document)

Ensley v. New York City Department of City-Wide Administrative Services  (New York Supreme Court, Appellate Division, 259 A.D.2d 286 (1999))
Case Description: Child welfare employees lawsuit against city agency for declaratory relief from overwhelming caseloads
NASW Supported: Ensley
Outcome: Lost. Case dismissed on grounds that it presents a nonjusticiable controversy and plaintiffs lack standing.
Date Brief Filed: 1/27/1986

Equality Foundation of Greater Cincinnati v. City of Cincinnati  (United States Supreme Court, 54 F.3d 261 (6th Cir. 1995); cert. granted, judgment vacated, 518 U.S. 1001 (1996))
Case Description: Cincinnati gay rights case
NASW Supported: Equality Foundation of Greater Cincinnati
Outcome: Lost.
Date Brief Filed: 12/5/1994

Text of Brief (PDF Document)
F

Farris v. Compton  (United States Court of Appeals, D.D.C., 652 A.2d 49 (D.C. 1994))
Case Description: DC statute of limitations for child sexual abuse repressed memories
NASW Supported: Farris
Outcome: Won. Discovery rule would allow sisters to maintain claim if their recollection of abuse had been repressed as a result of wrongful conduct.
Date Brief Filed: 11/15/1993

Text of Brief (PDF Document)

Ferguson v. City of Charleston South Carolina  (United States Supreme Court, 532 U.S. 67 (2001))
Case Description: Urine testing and prosecution of pregnant substance abuers
NASW Supported: Ferguson
Outcome: Won.
Date Brief Filed: 6/2/2000

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Fisher v. University of Texas at Austin  (United States Supreme Court, No. 11-345)
Case Description: Legal challenge to public university's use of race as a factor in student admissions to support the goal of a diverse student body.
NASW Supported: University of Texas at Austin
Outcome: Pending.
Date Brief Filed: 8/13/2012

Text of Brief (PDF Document)

Fitzgerald v. Barnstable School Committee  (United States Supreme Court, 129 S.Ct. 788 (2009) )
Case Description: Civil rights remedies for peer sexual harrassment in education.
NASW Supported: Fitzgerald
Outcome: Won. Court held that Title IX was not exclusive remedy to address gender discrimination, and allowed § 1983 claim to proceed concurrently.
Date Brief Filed: 8/29/2008

Text of Brief (PDF Document)
U.S. Supreme Court Decision (HyperLink)

Florida Dept. of Children and Families v. Adoption of X.X.G.  (District Court of Appeal, Third District, State of Florida, No. 3D08-3044, --- So.3d ----, 2010 WL 3655782)
Case Description: Florida gay parent adoption case
NASW Supported: X.X.G. and N.R.G.
Outcome: Court held that ban on adoption by gay parents violated the Equal Protection clause of the Florida Constitution.
Date Brief Filed: 6/23/2009

Text of Brief (Word Document)

Florida v. USDHHS  (U.S. Court of Appeals for the Eleventh Circuit, 648 F.3d 1235 (2011))
Case Description: Legal challenge by the State of Florida to the federal health reform law passed in 2010.
NASW Supported: U.S Dept. of Health and Human Services
Outcome: Mixed. Court upheld Medicaid expansion, but struck individual mandate to purchase health insurance.
Date Brief Filed: 4/11/2011

Text of Brief (PDF Document)

Florida v. USDHHS (see also Department of Health and Human Services v. Florida)  (United States Supreme Court, No. 11-400)
Case Description: Legal challenge to federal health reform law on the question of expanding Medicaid coverage.
NASW Supported: U.S. Dept. of Health and Human Services
Outcome: Favorable. Court upheld law as a constitutional exercise of federal taxing authority.
Date Brief Filed: 2/17/2012

Text of Brief (PDF Document)
Court Decision (HyperLink)

Franet v. County of Alameda  (United States Court of Appeals for the Ninth Circuit, Not reported in federal reporter, 291 Fed.Appx. 32, 2008 WL 3992332 (2008))
Case Description: Civil rights action against a child protective services social worker in California for removal of a child from parental custody.
NASW Supported: County of Alameda, et al.
Outcome: Court held social worker liable, but struck punitive damages.
Date Brief Filed: 6/27/2007

Text of Brief (PDF Document)
NASW Motion to File Amicus Brief (PDF Document)
LDF Article, Recent Cases on Social Workers' Liability for Child Removal Decisions (Word Document)

Frazier v. Goudschaal  (Supreme Court of the State of Kansas, No. 103,487)
Case Description: Kansas case seeking recognition of parental rights for non-biological parent in a same-sex couple
NASW Supported: Marci Frazier
Outcome: Favorable. Court upheld co-parenting agreement.
Date Brief Filed: 8/6/2010

Text of Brief (Word Document)
Motion for Leave to File Brief (Word Document)
Court Decision (HyperLink)
G

Gartner v. IDPH  (Supreme Court of Iowa, No. 12-0243)
Case Description: Iowa case seeking recognition of parent-child relationship under presumed parentage law for married, same-sex couple
NASW Supported: Heather Gartner, et al.
Outcome: Pending.
Date Brief Filed: 5/21/2012

Text of Brief (PDF Document)

Gay & Lesbian Advocates & Defenders v. Attorney General  (Massachusetts Supreme Judicial Court, 763 N.E.2d 38 (Mass. 2002))
Case Description: Challenge to Massachusetts criminal sodomy law
NASW Supported: Gay & Lesbian Advocates & Defenders
Outcome: Won.
Date Brief Filed: 6/25/2001

Text of Brief (PDF Document)

Gibbs v. State  (Mississippi Supreme Court, No. 2010-M-819)
Case Description: Mississippi case challenging the criminal prosecution of 16 year old for continuing pregnancy and suffering a stillbirth while using cocaine.
NASW Supported: Rennie Gibbs
Outcome: See second brief filed in MS Supreme Court.
Date Brief Filed: 5/19/2010

Motion for Leave to File Amicus Brief (PDF Document)
Text of Brief (PDF Document)

Gibbs v. State  (Mississippi Supreme Court, 2010-IA-00819-SCT, 2011 Miss. LEXIS 515, 2012 Miss. LEXIS 47)
Case Description: Mississippi case challenging the criminal prosecution of 16 year old for continuing pregnancy and suffering a stillbirth while using cocaine.
NASW Supported: Gibbs
Outcome: Unfavorable. Petition for Permission to file Interlocutory Appeal was dismissed as improvidently granted. Motion for rehearing denied.
Date Brief Filed: 11/18/2010

Golinski v. OPM  (United States Court of Appeals for the Ninth Circuit, Nos. 12-15388 & 12-15409)
Case Description: Legal challenge to the Defense of Marriage Act (DOMA) by married, lesbian federal employee seeking spousal health insurance benefits
NASW Supported: Golinski, et al.
Outcome: Pending.
Date Brief Filed: 7/10/2012

Text of Brief (PDF Document)

Gonzales v. Oregon  (United States Supreme Court, 126 S.Ct. 904 (2006))
Case Description: Oregon's Death With Dignity Act
NASW Supported: Oregon
Outcome: Won. Also see brief filed in Court of Appeals, captioned, Oregon v. Ashcroft.
Date Brief Filed: 7/21/2005

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)
Social Workers and End-of-Life Decisions (2006 LDF Legal Article) (HyperLink)

Goodridge v. Department of Public Health  (Massachusetts Supreme Judicial Court, 798 N.E.2d 941 (Mass. 2003))
Case Description: Massachusetts same-sex marriage case
NASW Supported: Goodridge, et al.
Outcome: Won.
Date Brief Filed: 11/8/2002

Text of Brief (PDF Document)
What Do the Courts Say about Same-Sex Marriage? (2004 LDF Legal Article) (HyperLink)

Graham v. Florida (same brief filed in Sullivan v. Florida)  (United States Supreme Court, No. 08-7412)
Case Description: Challenge to life without parole sentence for juvenile offender.
NASW Supported: Terrance Jamar Graham
Outcome: Won. Court held that life without parole for juveniles violates 8th Amendment
Date Brief Filed: 7/23/2009

Text of Brief (PDF Document)
Supreme Court Decision (PDF Document)

Gratz v. Bollinger  (United States Supreme Court, 539 U.S. 244 (2003))
Case Description: University of Michigan affirmative action in higher education
NASW Supported: Bollinger
Outcome: Mixed. University of Michigan undergraduate admissions policies were held to violate Equal Protection Clause, but diversity may be a compelling state interest
Date Brief Filed: 2/18/2003

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Gratz v. Bollinger  (United States District Court, Eastern District of Michigan, 122 F.Supp.2d 811 (2000))
Case Description: University of Michigan affirmative action in undergraduate admissions case
NASW Supported: Bollinger
Outcome: Mixed.
Date Brief Filed: 5/3/1999

Text of Brief (PDF Document)
What Direction are the Courts Moving with Affirmative Action? (2002 LDF Legal Article) (HyperLink)

Grutter v. Bollinger  (United States District Court for the Eastern District of Michigan, 137 F.Supp.2d 821 (2001), rev'd., 288 F.3d 732 (2002, aff'd., 539 U.S. 306 (2003).)
Case Description: University of Michigan affirmative action in law school admissions case; see brief filed in Gratz v. Bollinger
NASW Supported: Bollinger
Outcome: Lost in district court, but case was later reversed on appeal.
Date Brief Filed: 5/3/1999

What Direction are the Courts Moving with Affirmative Action? (2002 LDF Legal Article) (HyperLink)
H

Harnett v. Ulett  (United States Court of Appeals, 8th Cir. Eighth Circuit, 466 F.2d 113 (8th Cir. 1972))
Case Description: Missouri social work employee free speech case
NASW Supported: Harnett
Outcome: Lost.

Text of Brief (PDF Document)

Harris v. Forklift  (United States District Court, M.D. Tenn., Not Reported in F.Supp., 1994 WL 792661 (1994))
Case Description: Sexual harrassment
NASW Supported: Harris
Outcome: Won.

Hernandez v. Robles  (Supreme Court of New York, Appellate Division: First Judicial Dept., 805 N.Y.S.2d 354 (2005))
Case Description: New York same-sex marriage case
NASW Supported: Hernandez, et al.
Outcome: Lost. But see brief in Court of Appeals.
Date Brief Filed: 7/22/2005

Text of Brief (HyperLink)

Hernandez v. Robles  (Court of Appeals, State of New York, 7 N.Y.3d 338 (2006))
Case Description: New York same-sex marriage case
NASW Supported: Hernandez, et al.
Outcome: Lost. Appeal combined with Samuels v. NYS Dept of Health
Date Brief Filed: 4/14/2006

Text of Brief (PDF Document)

High v. Zant  (United States Supreme Court, 492 U.S. 937 (1989))
Case Description: Juvenile death penalty
NASW Supported: High
Outcome: Lost.
Date Brief Filed: 8/31/1988

Text of Brief (PDF Document)

Hispanic Interest Coalition of Alabama v. Bentley  (United State District Court for the Northern District of Alabama, Northeast Division, No. 5:11-cv-02484-SLB; 2011 U.S. Dist. LEXIS 137846 )
Case Description: Request for preliminary injunction against harsh immigration policies passed by Alabama legislature as HB 56.
NASW Supported: Hispanic Interest Coalition of Alabama
Outcome: Mixed. Court temporarily enjoined enforcement of portions of HB 56.
Date Brief Filed: 8/5/2011

Text of Brief (PDF Document)
List of Amici Organizations (PDF Document)
Motion for Leave to File Brief (PDF Document)

Hollingsworth v. Perry  (United States Supreme Court, No. 12-144)
Case Description: Constitutionality of California's Proposition 8 ban on same-sex marriage
NASW Supported: Perry
Outcome: Pending.
Date Brief Filed: 2/28/2013

Text of Brief (PDF Document)

Honig v. Doe  (United States Supreme Court, 484 U.S. 305 (1988))
Case Description: Interpretation of Education of the Handicapped Act regarding disruptive conduct by emotionally handicapped students.
NASW Supported: Doe
Outcome: Won.
Date Brief Filed: 6/22/1987

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Hope Clinic v. Adams  (Supreme Court of Illinois, No. 112704 and 112673)
Case Description: Illinois case challenging parental notification law for minors' access to abortion.
NASW Supported: Hope Clinic
Outcome: Pending.
Date Brief Filed: 7/18/2012

Text of Brief (PDF Document)

Hope v. Perales  (New York Supreme Court, Appellate Division, 595 N.Y.S.2d 948 (N.Y. App. Div. 1993); rev'd, 83 N.Y.2d 563 (1994))
Case Description: Constitutional challenge to state law providing women with prenatal services, but denying funding for abortions
NASW Supported: Hope
Outcome: Won, but case was later reversed on appeal.
Date Brief Filed: 2/3/1992

Text of Brief (PDF Document)

Hovsons, Inc. v. Township of Brick  (United States Court of Appeals, 3rd Cir., 89 F.3d 1096 (3rd Cir. 1996))
Case Description: Fair Housing Amendments Acts case applied to nursing home as an accomodation to handicapped persons
NASW Supported: Hovsons
Outcome: Won. Nursing home is a "dwelling" within meaning of FHHA. Township's refusal to grant variance violated FHAA.
Date Brief Filed: 1/17/1996

Text of Brief (PDF Document)
I

In re A.C.  (District of Columbia Court of Appeals, 573 A.2d 1235 (D.C. 1990))
Case Description: DC case regarding consent to medical procedure by terminally ill pregnant woman
NASW Supported: A.C.
Outcome: Won.
Date Brief Filed: 9/6/1988

Text of Brief (PDF Document)

In re Adoption of Jane Doe  (Court of Appeals of Ohio, 719 N.E.2d 1071 (Ohio Ct. App. 1998))
Case Description: Ohio lesbian "second-parent" adoption case
NASW Supported: Doe
Outcome: Lost. Denied lesbian co-parent the opportunity to adopt her partner's biological child.
Date Brief Filed: 10/1/1998

Text of Brief (PDF Document)
What Are the Rights of Children in Gay and Lesbian Families? (2002 LDF Legal Article) (HyperLink)

In re Adoption of Jane Doe  (Ohio Supreme Court, 711 N.E.2d 234 (Ohio 1999))
Case Description: Ohio lesbian "second-parent" adoption case
NASW Supported: Doe
Outcome: Lost. Supreme Court of Ohio denied motion to review lower courts' decisions denying lesbian co-parent the opportunity to adopt her partner's biological child.
Date Brief Filed: 1/29/1999

Text of Brief (PDF Document)

In re Adoption of Luke v. State  (Nebraska Supreme Court, 640 N.W.2d 374 (Neb. 2002))
Case Description: Lesbian second-parent adoption case.
NASW Supported: B.P. and A.E.
Outcome: Lost.
Date Brief Filed: 9/10/2001

Text of Brief (PDF Document)
What Are the Rights of Children in Gay and Lesbian Families? (2002 LDF Legal Article) (HyperLink)

In re Adoption/Guardianship No. CCJ14746  (Maryland Court of Appeals, 759 A.2d 755 (2000))
Case Description: Social workers as expert witnesses
NASW Supported: Respondent, Washington County Department of Social Services
Outcome: Won. Licensed clinical social worker was specifically authorized to diagnose mental disorder, therefore, was qualified to testify as an expert.
Date Brief Filed: 3/31/2000

Text of Brief (PDF Document)
Appendix to Brief (PDF Document)
Are Licensed Clinical Social Workers Authorized to Provide Expert Witness Testimony Concerning the Diagnosis and Treatment of Emotional and Mental Disorders? (2002 LDF Legal Article) (HyperLink)

In re Austin W. v. Illinois Department of Children and Family Services  (Illinois Supreme Court, 214 Ill.2d 31(2005))
Case Description: Lesbian parenting and permanency planning for foster children
NASW Supported: Illinois Department of Family Services and Fontaine
Outcome: Won.
Date Brief Filed: 4/28/2004

Text of Brief (PDF Document)

In re Baby Z  (Connecticut Supreme Court, 724 A.2d 1035 (Conn. 1999))
Case Description: Connecticut lesbian second-parent adoption case.
NASW Supported: Baby Z's mother and lesbian partner
Outcome: Lost.

In re Commutation Petitions of Patricia E. Allen
Case Description:
NASW Supported:

In re Estates of Herrod  (Appellate Court of Illinois, 626 N.E.2d 1334 (Ill. App. Ct. 1993))
Case Description: Standby guardianship for child of parent with HIV/AIDS
NASW Supported: Herrod
Outcome: Won.
Date Brief Filed: 5/10/1993

Text of Brief (PDF Document)

In re Grand Jury Subpoena  (State of Rhode Island Supreme Court, 748 A.2d 821 (R.I. 2000))
Case Description: Rhode Island social worker subpoena and motion to quash
NASW Supported: Glatter
Outcome: Mixed. Petition for certiorari was denied for mootness because of changed circumstances in the case and subsequent court rulings that required different procedures for subpoenas.
Date Brief Filed: 3/1/1999

Text of Brief (PDF Document)

In re Guardianship of Matthew L  (Supreme Court of the State of New Hampshire, No. 2012-0384)
Case Description: New Hampshire same-sex couples' dispute concerning legal status of a co-guardianship for a child they jointly parent
NASW Supported: Joan M.
Outcome: Unfavorable. Court affirmed termination of guardianship.
Date Brief Filed: 9/18/2012

Text of Brief (PDF Document)
Court Decision (PDF Document)

In re L.K.M. (also captioned as In re Mullen)  (Supreme Court of Ohio, 2011 Ohio 3361)
Case Description: Ohio case seeking recognition of child custody rights for lesbian co-parent.
NASW Supported: Neither Party
Outcome: Court denied non-biological mother's right to seek custody of child. Best interests of child not considered.
Date Brief Filed: 7/30/2010

Text of Brief (PDF Document)

In re Maloney  (Supreme Court of Ohio, 774 N.E.2d 239 (Ohio 2002))
Case Description: Transgender name change
NASW Supported: Maloney
Outcome: Won.
Date Brief Filed: 3/25/2002

In re Marriage Cases  (Supreme Court of California, 43 Cal.4th 757, 183 P.3d 384 (2008))
Case Description: California same-sex marriage case
NASW Supported: Same-sex couples seeking marriage
Outcome: Won. Court recognized the individual right to marry regardless of sexual orientation.
Date Brief Filed: 9/26/2007

Text of Brief (PDF Document)
LDF "Legal Issue of the Month" article, "Social Workers and the California Same-Sex Marraige Cases" (Word Document)

In re Mullen (see brief filed in In re L.K.M.)  (Supreme Court of Ohio, 2011 Ohio 3361)
Case Description: Child custody case brought by non-biological mother of a child born to lesbian partner
NASW Supported: Neither party
Outcome: Court denied non-biological parent the ability to seek custody. Best interests of child not considered.
Date Brief Filed: 7/30/2010

In re Ray  (Supreme Court of Ohio, 780 N.E.2d 241 (Ohio 2002))
Case Description: Lesbian co-parenting case
NASW Supported: Bonfield
Outcome: Mixed. Cohabiting same-sex partner was not "parent" for purposes of shared parenting agreement. Juvenile court may determine if non-parent shared custody is in chilren's best interest.
Date Brief Filed: 10/11/2001

Text of Brief (PDF Document)
Text of Brief (PDF Document)

In re S.J.L.  (Court of Appeals of Ohio, Eighth District , Nos. 93691, 93692 )
Case Description: Ohio child custody case involving a lesbian couple.
NASW Supported: Goodman
Outcome: Favorable. Trial court’s assignment of visitation rights to non-biological mother was affirmed.
Date Brief Filed: 10/13/2009

Text of Brief (PDF Document)
Motion for Leave to File (PDF Document)

In re S.J.L.  (Court of Appeals of Ohio, Eighth District, 2009 WL 1160492)
Case Description: Ohio child custody case involving a lesbian couple.
NASW Supported: Goodman
Outcome: Dismissed for lack of jurisdiction. See appeal.
Date Brief Filed: 1/20/2009

Text of Brief (PDF Document)

In re Stumbo  (North Carolina Supreme Court, 582 S.E. 2d 255 (2003))
Case Description: North Carolina case regarding warrantless child protection interviews by social workers
NASW Supported: Cleveland County Department of Social Services
Outcome: Lost.
Date Brief Filed: 1/11/2001

Text of Brief (PDF Document)
Is it Necessary for Protective Services Social Workers to Obtain a Warrant to Investigate a Child Abuse or Neglect Complaint? (LDF Legal Article) (HyperLink)

In re Subpoena to Crisis Connection, Inc.  (Indiana Supreme Court, 949 N.E.2d 789 (2011))
Case Description: Indiana case addressing application of victim-advocate privilege for counseling records of child sexual assault victims
NASW Supported: Crisis Connection, Inc.
Outcome: Won. Court protected counseling records from disclosure.
Date Brief Filed: 11/4/2010

Text of Brief (PDF Document)

In re the Matter of: S.A.S. by her next friend, Z.J.S. v. B.P. and T.L.N.  (Missouri Court of Appeals, Eastern District, Division Three, 314 S.W.3d 348 (2009))
Case Description: Missouri "de facto" parenting case re: non-biological, putative father
NASW Supported: S.A.S. and Z.J.S.
Outcome: Court held that constitutional issue had not been preserved on appeal; reversed and remanded to develop a trial court record.
Date Brief Filed: 5/26/2009

Text of Brief (originally filed as Stephen v. Peters) (PDF Document)

In the Interest of T.P.S., a Minor Child (Catherine D.W. v. Deanna C.S.)  (Illinois Appellate Court for the Fifth District, No. 05-10-0617)
Case Description: Legal challenge to termination of guardianship for children parented by an Illinois lesbian couple.
NASW Supported: Catherine D.W.
Outcome: Won. Court reversed the termination of guardianship and remanded for a decison based on the best interests of the children.
Date Brief Filed: 3/1/2011

Text of Brief (PDF Document)

In the matter of T.P.S. and K.M.S. (see brief filed in Catherine D.W. v. Deanna C.S.)  (Illinois Appellate Court for the Fifth District, 2012 Il App (5th) 120176; 2012 Ill. App. LEXIS 830)
Case Description: Illinois case addressing parent-child rights for a same-sex couple who co-parented two children and then separated.
NASW Supported: Catherine D.W.
Outcome: Favorable. Court found right for same-sex parent to seek custody and visitation of children she co-parented.
Date Brief Filed: 6/4/2012

Inscoe v. Inscoe  (Court of Appeals of Ohio, 700 N.E.2d 70 (Ohio Ct. App. 1997))
Case Description: Ohio gay father custody case
NASW Supported: Herbert E. Inscoe
Outcome: Won.
Date Brief Filed: 5/24/1996

Text of Brief (PDF Document)
J

Jackson v. Birmingham Board of Education  (United States Supreme Court, 125 S.Ct. 1497 (2005))
Case Description: Title IX case involving right to sue for retaliation by discriminatory employer
NASW Supported: Jackson
Outcome: Won.
Date Brief Filed: 8/19/2004

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Jackson v. DC Board of Elections and Ethics  (District of Columbia Court of Appeals, No. 10-CV-20)
Case Description: Challenge to proposed referendum to ban same-sex marriage in DC.
NASW Supported: DC Board of Elections and Ethics
Outcome: Won. Court barred referendum as a discriminatory violation of Human Rights Act.
Date Brief Filed: 3/26/2010

Text of Brief (PDF Document)
Court Decision (HyperLink)

Jackson v. Hobbs (see Miller v. Alabama)  (United States Supreme court, 132 S. Ct. 2455 (2012))
Case Description: Challenge to life without parole sentencing of juveniles for homicide-related convictions.
NASW Supported: Jackson and Miller
Outcome: Favorable. Court held that mandatory life without parole sentencing of juveniles violates the Eighth Amendment ban on cruel and unusual punishment.
Date Brief Filed: 1/17/2012

Text of Brief (PDF Document)
Court Decision (consolidated with Miller v. Alabama) (PDF Document)

Jaffee v. Redmond  (United States Supreme Court, 518 U.S. 1 (1996))
Case Description: Federal psychotherapist-patient privilege established; applies to licensed clinical social workers
NASW Supported: Redmond
Outcome: Won.
Date Brief Filed: 1/2/1996

Text of Brief (PDF Document)
Social Workers and Psychotherapist-Patient Privilege: Jaffee v. Redmond Revisited (LDF Legal Article) (HyperLink)
Supreme Court Decision (HyperLink)

Janice M. v. Margaret K.  (Maryland Court of Appeals, 404 Md. 661, 948 A.2d 73 (2008))
Case Description: Maryland lesbian de facto parent case.
NASW Supported: Margaret K.
Outcome: Lost. Court denied de facto parent status
Date Brief Filed: 4/12/2007

Text of Brief (PDF Document)

Jegley v. Picado  (Arkansas Supreme Court, 349 Ark. 600, 80 S.W.3d 332 (2002))
Case Description: State law challenge to Arkansas criminal sodomy statute
NASW Supported: Picado
Outcome: Won.
Date Brief Filed: 10/29/2001

Text of Brief (PDF Document)

Johnson v. State  (Florida Supreme Court, 602 So. 2d 1288 (1992))
Case Description: Challenge to prosecution of Florida pregnant substance abuser
NASW Supported: Johnson
Outcome: Won. Conviction reversed and court held that statute prohibiting the delivery of a controlled substance to a minor did not apply to mothers who delivered drug-affected babies.
Date Brief Filed: 1/1/1900

Text of Brief (PDF Document)

Jose P. v. Ambach  (United States District Court, E.D.N.Y., 1987 WL 9684 (E.D.N.Y. Apr. 13, 1987))
Case Description: Hiring of social workers for New York City special education evaluations
NASW Supported: Jose P., et al.
Outcome: Won.

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Katie A. v. Los Angeles County  (United States Court of Appeals for the Ninth Circuit, 481 F.3d 1150 (2007))
Case Description: California therapeutic foster care services class-action lawsuit.
NASW Supported: Katie A.
Outcome: Lost on preliminary injunction issue. Remanded for further consideration.
Date Brief Filed: 8/10/2006

Text of Brief (PDF Document)
Motion for Leave to File Amicus Brief (PDF Document)

Katz v. Ohio State Board of Psychology  (Ohio Court of Appeals, No. C-800265, 1981 WL 9783 (Ohio Ct. App. May 13, 1981))
Case Description: Ohio social workers' right to practice psychotherapy
NASW Supported: Katz
Outcome: Lost.

Text of Brief (PDF Document)

Kennedy v. Louisiana  (United States Supreme Court, 128 S.Ct. 2641 (2008))
Case Description: Petition for certiorari to challenge the Louisiana death penalty for child rape cases
NASW Supported: Kennedy
Outcome: Petition for certiorari granted.
Date Brief Filed: 11/14/2007

Text of Brief (PDF Document)

Kennedy v. Louisiana  (United States Supreme Court, 128 S.Ct. 2641, opinion modified, 129 S.Ct. 1 (2008))
Case Description: Challenge to the death penalty for child rape in Louisiana.
NASW Supported: Patrick Kennedy
Outcome: Won. Court ruled out death penalty for child rape.
Date Brief Filed: 2/21/2008

Text of Brief (PDF Document)
Supreme Court Decision (PDF Document)

Kentucky Board of Examiners of Psychologists v. Courier-Journal and Louisville Times Co.  (Kentucky Supreme Court, 826 S.W.2d 324 (Ky. 1992))
Case Description: Confidentiality of Ohio psychology licensing board complaints
NASW Supported: Kentucky Board of Examiners of Psychologists, et al.
Outcome: Won.
Date Brief Filed: 11/5/1990

Text of Brief (PDF Document)

Kerrigan v. Commissioner of Public Health  (State of Connecticut Supreme Court, 289 Conn. 135, 957 A.2d 407 (2008))
Case Description: Connecticut same-sex marriage case
NASW Supported: Kerrigan, et al.
Outcome: Won. Court recognized right to marry regardless of sexual orientation.
Date Brief Filed: 1/31/2007

Text of Brief (PDF Document)

Kerrigan v. State  (Superior Court of Connecticut, Judicial District of New Haven, Not Reported in A.2d, 2006 WL 2089468 (Conn. Super.))
Case Description: Connecticut same-sex marriage case
NASW Supported: Kerrigan, et al.
Outcome: Lost summary judgment motion.
Date Brief Filed: 7/28/2005

Text of Brief (HyperLink)

Kimbrough v. State  (Court of Criminal Appeals of Alabama, CR-09-0485)
Case Description: Alabama case challenging criminal prosecution of woman for continuing her pregnancy while abusing drugs and suffering a stillbirth.
NASW Supported: Kimbrough
Outcome: Appeal denied. Petition for rehearing denied. See Supreme Court of Alabama brief appeals filed in State of Alabama v. Kimbrough.
Date Brief Filed: 7/9/2010

Text of Brief (PDF Document)

King v. Beaufort County Board of Education  (Supreme Court of North Carolina, No. 480A09)
Case Description: School discipline and access to alternative education
NASW Supported: King
Outcome: Positive. Court held that state must provide a rationale for refusing to provide alternative education to suspended student.
Date Brief Filed: 12/23/2009

Text of Brief (PDF Document)
Motion for Leave to File (PDF Document)

Kremens v. Bartley  (United States Supreme Court, 431 U.S. 119 (1977))
Case Description: Constitutional challenge to Pennsylvania juvenile commitment statute
NASW Supported: Bartley, et al.
Outcome: Lost. Case remanded for reconsideration of class definition and exclusion of those whose claims were moot.
Date Brief Filed: 8/3/1976

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Kulstad v. Maniaci  (Montana Supreme Court, DA 08-0483)
Case Description: Montana case seeking recognition of lesbian mother's status as "de facto" parent of her non-biological child
NASW Supported: Michelle Kulstad
Outcome: Court recognized parental rights for non-biological lesbian mother
Date Brief Filed: 3/27/2009

Text of Brief (PDF Document)

Kutil and Hess v. Blake  (Supreme Court of Appeals of West Virginia , 223 W.Va. 711 (2009))
Case Description: West Virginia child welfare adoption case involving lesbian foster parents.
NASW Supported: Kutil and Hess
Outcome: Won. Court granted petition by foster parents.
Date Brief Filed: 2/17/2009

Text of Brief (Word Document)
Court Decision (PDF Document)
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LaShawn A. v. Barry; LaShawn A. v. Dixon  (United States District Court for the District of Columbia, 762 F.Supp. 959 (1991))
Case Description: District of Columbia foster care system reform case
NASW Supported: LaShawn A., et al.
Outcome: Won.
Date Brief Filed: 10/30/1989

Text of Brief (PDF Document)

Lawrence v. Texas  (United States Supreme Court, 123 S.Ct. 2472 (2003))
Case Description: Texas sodomy criminal case regarding constitutional right to private homosexual conduct
NASW Supported: Lawrence and Garner
Outcome: Won.
Date Brief Filed: 1/1/2003

Text of Brief (Word Document)
Supreme Court Decision (HyperLink)
Social Workers and Legal Developments in Gay Rights (2003 LDF Legal Article) (HyperLink)

LeBron v. Wilkins  (United States Court of Appeal for the Eleventh Circuit, No. 11.-15258)
Case Description: Challenge to Florida's mandatory suspicionless drug-testing requirement for TANF applicants
NASW Supported: Luis LeBron
Outcome: Pending.
Date Brief Filed: 3/6/2012

Text of Brief (PDF Document)

Ledbetter v. Goodyear Tire & Rubber Co.  (United States Supreme Court, 127 S.Ct. 2162 (2007))
Case Description: Women's pay discrimination case.
NASW Supported: Ledbetter
Outcome: Court denied relief.
Date Brief Filed: 8/31/2006

Text of Brief (PDF Document)

Lewis v. City of Chicago  (United States Supreme Court, 130 S. Ct. 2191 (2010) )
Case Description: Title VII employment discrimination action based on disparate impact on minorities
NASW Supported: Arthur L. Lewis, et al.
Outcome: Won.
Date Brief Filed: 11/30/2009

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Lewis v. Harris  (Supreme Court of New Jersey, 202 N.J. 340 (2010))
Case Description: New Jersey case seeking enforcement of prior ruling on equal access to marriage benefits for same-sex couples.
NASW Supported: Lewis, et al.
Outcome: Request for court enforcement order denied, but plaintiffs invited to file in the trial court for a review on the merits.
Date Brief Filed: 5/10/2010

Text of Brief (PDF Document)

Lewis v. Harris  (New Jersey Supreme Court, 188 N.J. 415, 908 A.2d 196 (2006))
Case Description: New Jersey appeal of same-sex marriage case
NASW Supported: Lewis and Winslow, et al.
Outcome: Partial win. Court granted equal privileges, but not marriage
Date Brief Filed: 10/21/2005

Text of Brief (PDF Document)

Lewis v. Harris  (New Jersey Superior Court, App. Div., 378 N.J.Super. 168 (2005))
Case Description: New Jersey same-sex marriage challenge
NASW Supported: Lewis and Winslow, et al.
Outcome: Lost.
Date Brief Filed: 11/5/2004

Text of Brief (Word Document)
Cover Page (Word Document)
Table of Contents (Word Document)
Table of Authorities (Word Document)
Certificate of Service (Word Document)
What Do the Courts Say about Same-Sex Marriage? (2004 LDF Legal Article) (HyperLink)

Li v. State  (Oregon Supreme Court, 110 P.3d 91 (2005))
Case Description: Oregon same-sex marriage case
NASW Supported: Li, et al
Outcome: Lost.
Date Brief Filed: 10/14/2004

Text of Brief (Word Document)
State Supreme Court Decision (HyperLink)

Li v. State  (Circuit Court of the State of Oregon for the County of Multomah, 2004 WL 1258167 (unpublished opinion))
Case Description: Oregon same-sex marriage case
NASW Supported: Li, et al.
Outcome: Won, but case was later reversed on appeal.
Date Brief Filed: 4/9/2004

Text of Brief (PDF Document)

Liberty University v. Geithner  (United States Court of Appeals for the Fourth Circuit, No. 10-2347)
Case Description: Challenge by religious-based school/employer to federal health reform law alleging violations of equal protection and religious freedom.
NASW Supported: Geithner
Outcome: Case dismissed for lack of jurisdiction.
Date Brief Filed: 2/25/2011

Text of Brief (PDF Document)

Lovill v. State  (Court of Criminal Appeals of Texas, 319 S.W. 687 (2009), rehearing denied (2010))
Case Description: Appeal of revocation of probation and sanctions based on drug use during pregnancy.
NASW Supported: Amber Lovill
Outcome: Unfavorable. Trial judge's decision affirmed due to procedural issues.

Lovill v. State  (Court of Appeals, 13th District of Texas, --- S.W.3d ----, 2008 WL 5275531 (Dec. 22, 2008))
Case Description: Appeal of probation revocation and imprisonment of pregnant woman who had drug dependence.
NASW Supported: Lovill
Outcome: Partial victory. Court found that Lovill established an Equal Protection violation, but remanded for further proceedings.
Date Brief Filed: 1/18/2008

Text of Brief (PDF Document)
Appendix to Brief (PDF Document)
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Manuel v. Westlake Polymers Corp.  (United States Court of Appeals, 5th Cir., 66 F.3d 758 (5th Cir. 1995).)
Case Description: Clarification of Family and Medical Leave Act rights
NASW Supported: Manuel
Outcome: Won.
Date Brief Filed: 3/27/1995

Text of Brief (PDF Document)

Marchwinski v. Howard  (United States Court of Appeals, 6th Cir., 60 Fed. App. 601(6th Cir. 2003))
Case Description: Challenge to Michigan suspicionless drug testing of welfare recipients
NASW Supported: Marchwinski
Outcome: Won.
Date Brief Filed: 1/18/2001

Text of Brief (PDF Document)

Maryland State Board of Physicians v. Eist  (Maryland Court of Appeals, No. 110)
Case Description: Maryland case involving compulsory disclosure of psychiatric records in preliminary physican disiplinary investigation.
NASW Supported: Harold Eist. M.D.
Outcome: Pending. Also, see brief filed in Court of Special Appeals.
Date Brief Filed: 3/31/2008

Text of Brief (PDF Document)

Maryland State Board of Physicians v. Eist  (Court of Special Appeals of Maryland, 176 Md.App. 82, 932 A.2d 783 (2007))
Case Description: Maryland case involving compulsory disclosure of psychiatric records in preliminary physican disiplinary investigation.
NASW Supported: Harold Eist, M.D.
Outcome: Court granted relief; upheld patient's constitutional right to privacy.
Date Brief Filed: 10/20/2006

Text of Brief (PDF Document)

Maryland State Department of Education v. Department of Veterans Affairs; National Federation of the Blind v. Department of Veterans Affairs  (Supreme Court of the United States, 522 U.S. 806 (1997))
Case Description: Interpretation of the Blind Vending Act and proper procedures for dispute resolution
NASW Supported:
Outcome: Certiorari denied.

Mason v. Dwinnell  (North Carolina Court of Appeals, 660 S.E.2d 58 (2008))
Case Description: North Carolina lesbian child custody case.
NASW Supported: Mason
Outcome: Won. Court upheld
Date Brief Filed: 4/20/2007

Text of Brief (PDF Document)

Massachusetts v. U.S. Dep't. of Health and Human Services  (United States Court of Appeal for the First Circuit, 682 F.3d 1 (2012))
Case Description: Challenge to the federal Defense of Marriage Act
NASW Supported: Massachusetts
Outcome: Favorable. Court struck down DOMA as unconstitutional
Date Brief Filed: 11/3/2011

Text of brief (PDF Document)
Court Decision (PDF Document)

Massinga v. L.J.  (United States Supreme Court, 488 U.S. 1018 (1989)488 U.S. 1018, 109 S.Ct. 816 (1989))
Case Description: Qualified immunity of foster care social workers under federal civil rights act
NASW Supported: Massinga
Outcome: Certiorari denied.
Date Brief Filed: 6/1/1988

Text of Brief (PDF Document)

McKnight v. South Carolina  (United States Supreme Court, 124 S.Ct. 101 (2003))
Case Description: South Carolina pregnant substance abuser prosecution
NASW Supported: McKnight
Outcome: Motion for certiorari denied.
Date Brief Filed: 7/29/2003

McKnight v. State  (Brief filed in South Carolina Court of Appeals; decision reached by South Carolina Supreme Court, 352 S.C. 635 (2003))
Case Description: South Carolina pregnant substance abuser prosecution
NASW Supported: McKnight
Outcome: Lost.

Text of Brief (PDF Document)
Legal Developments in Treating and Prosecuting Pregnant Substance Abusers (2004 LDF Legal Article) (HyperLink)

McKnight v. State  (South Carolina Supreme Court, 661 S.E.2d 354 (2008))
Case Description: South Carolina post-conviction proceeding challenging homicide conviction of woman who abused drugs during pregnancy
NASW Supported: McKnight
Outcome: Won. Conviction reversed.
Date Brief Filed: 9/17/2007

Text of Brief (PDF Document)

McNamara v. Dukakis  (United States District Court, D. Mass., 1990 WL 235439 (D.Mass.))
Case Description: Class-action by recipients of state mental health services challenging cuts in service by the Governor
NASW Supported: McNamara
Outcome: Mixed.
Date Brief Filed: 11/29/1990

Text of Brief (PDF Document)

McRae v. Mathews  (United States District Court, E.D.N.Y., 421 F.Supp. 533 (E.D.N.Y. 1976))
Case Description: Challenge to Federal Appropriation Act that denied funding to indigent, pregnant women for elective abortions
NASW Supported: McRae
Outcome: Won.
Date Brief Filed: 10/1/1976

Text of Brief (PDF Document)

Memmel v. Mundy  (Wisconsin Supreme Court, 249 N.W.2d 573 (1977))
Case Description: Right to counsel in civil commitment proceedings
NASW Supported: Memmel, et al.
Outcome: Lost.
Date Brief Filed: 11/5/1976

Text of Brief (PDF Document)

Meredith v. Jefferson County Board of Education  (United States Supreme Court, 127. S.Ct. 2738 (2007))
Case Description: Combined appeal of Washington State and Kentucky school desegregation/diversity cases
NASW Supported: Jefferson County Board of Education
Outcome: Court denied relief to schools. Appeal combined with Parents Involved in Community Schools v. Seattle School District No. 1
Date Brief Filed: 10/10/2006

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)
A Review of the Supreme Court's 2007 Affirmative Action Decision (HyperLink)

Miller v. Alabama; Jackson v. Hobbs  (United States Supreme Court, 132 S. Ct. 2455 (2012))
Case Description: Challenge to life without parole sentencing of juveniles convicted of homicide offenses.
NASW Supported: Miller and Jackson
Outcome: Favorable. Court held that mandatory life without parole sentencing of juveniles violates the Eighth Amendment ban on cruel and unusual punishment.
Date Brief Filed: 1/18/2012

Text of Brief (PDF Document)
Court Decision (consolidated with Jackson v. Hobbs) (PDF Document)

Miller v. Youakim  (United States Supreme Court, 99 S.Ct. 957 (1979))
Case Description: Right to foster care assistance for children in foster care with relatives
NASW Supported: Youakim, et al.
Outcome: Won.
Date Brief Filed: 7/17/1978

Text of Brief (PDF Document)

Miller-Jenkins v. Miller-Jenkins  (Supreme Court of Vermont, 912 A.2d 951 (2006))
Case Description: Vermont lesbian co-parenting case.
NASW Supported: Janet Miller-Jenkins
Outcome: Won.
Date Brief Filed: 6/7/2005

Text of Brief (PDF Document)

Moore v. Simpson  (United States Supreme Court, 549 U.S. 1027 (2006), rehearing denied, 549 U.S. 1160 (2007))
Case Description: Death penalty sentence mitigation case from Kentucky; brief filed in support of a petition for certiorari.
NASW Supported: Brian Keith Moore
Outcome: Lost. Cert. denied.
Date Brief Filed: 10/2/2006

Text of Brief (PDF Document)

Murrell v. School District No. 1  (United States Court of Appeals, 10th Circuit, 186 F.3d 1238 (10th Cir. 1999))
Case Description: Peer sexual harrassment in schools
NASW Supported: Murrell
Outcome: Won.
Date Brief Filed: 6/11/1997

Text of Brief (PDF Document)
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Nabozny v. Podlesny  (United States Court of Appeals, 7th Cir., 92 F.3d 446 (7th Cir. 1996))
Case Description: Civil rights action against school officials for failing to protect gay student from peer sexual harrassment
NASW Supported: Nabozny
Outcome: Mixed.
Date Brief Filed: 12/18/1995

Text of Brief (PDF Document)

National Federation of Independent Business v. Sebelius (see brief filed in consolidated case, Florida v. USDHHS)  (United States Supreme Court, 132 S. Ct. 2566 (2012))
Case Description: Legal challenge to federal health reform law, Patient Protection and Affordable Care Act.
NASW Supported: Sebelius, Secretary of Health and Human Services
Outcome: Favorable. Court upheld the law as a valid exercise of federal taxing authority.
Date Brief Filed: 2/17/2012

National Federation of the Blind v. Department of Veterans Affairs; Maryland State Department of Education v. Department of Veterans Affairs  (United States Supreme Court, 522 U.S. 806 (1997))
Case Description: Interpretation of the Blind Vending Act and proper procedures for dispute resolution
NASW Supported: National Federation of the Blind
Outcome: Certiorari denied.

NCAA v. Smith  (United States Supreme Court, 525 U.S. 459 (1999))
Case Description: Applicability of Title IX nondiscrimination to intercollegiate athletics
NASW Supported: Smith
Outcome: Won in narrow ruling.
Date Brief Filed: 12/8/1998

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

New Jersey v. DHHS  (U.S. District Court for the District of NJ, 2008 WL 4936933 )
Case Description: State challenge to CMS letter that affects SCHIP benefits
NASW Supported: New Jersey
Outcome: Dismissed due to lack of case or controversy.
Date Brief Filed: 4/4/2008

Text of Brief (Word Document)

New Mexico v. Martinez  (Supreme Court of New Mexico, No. 29,775)
Case Description: New Mexico prosecution of woman who used cocaine during pregnancy.
NASW Supported: Martinez
Outcome: Won.
Date Brief Filed: 3/9/2007

Text of Brief (PDF Document)
O

Ohio v. Akron Center for Reproductive Health  (United States Supreme Court, 497 U.S. 502 (1990))
Case Description: Constitutional challenge to Ohio parental notification requirement for minors seeking abortions
NASW Supported: Akron Center for Reproductive Health
Outcome: Lost.
Date Brief Filed: 9/1/1989

Text of Brief (PDF Document)

Olmstead v. L.C. ex rel. Zimring  (United States Supreme Court, 527 U.S. 581 (1999))
Case Description: Interpretation of Americans with Disabilities Act regarding community placement for mentally disabled state patients
NASW Supported: L.C., et al.
Outcome: Mixed.
Date Brief Filed: 3/1/1999

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Oregon v. Ashcroft  (United States Court of Appeals, 9th Cir., 368 F.3d 1118 (D. Or. 2004))
Case Description: Oregon's Death With Dignity Act
NASW Supported: Oregon
Outcome: Won. Also see, Supreme Court appeal, captioned Gonzales v. Oregon
Date Brief Filed: 11/12/2002

Text of Brief (Word Document)

Orr v. Edgar  (Illinois Appellate Court, 670 N.E.2d 1243 (Ill. App. Ct. 1996))
Case Description: Illinois voting rights case
NASW Supported: Orr
Outcome: Motion for leave to file amicus brief was denied by the Appellate Court of Illinois.

Overton v. Bazzetta  (United States Supreme Court, 539 U.S. 126 (2003))
Case Description: Michigan prisoner visitation rights
NASW Supported: Bazzetta
Outcome: Lost.
Date Brief Filed: 2/18/2003

Text of Brief (Hyperlink)
Supreme Court Decision (HyperLink)
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Parents Involved in Community Schools v. Seattle School District No. 1  (United States Supreme Court, 127 S.Ct. 2738 (2007))
Case Description: Washington State and Kentucky combined appeal of school diversity/desegregation cases
NASW Supported: Seattle School District No. 1
Outcome: Court denied relief to schools. Case combined with Meredith v. Jefferson County Board of Education
Date Brief Filed: 10/10/2006

Text of Brief (PDF Document)
A Review of the Supreme Court's 2007 Affirmative Action Decision (HyperLink)
Supreme Court Decision (HyperLink)

Parker v. Franklin County Community School Corporation  (United States Court of Appeals for the Seventh Circuit, No. 10-3595, 2012 U.S. App. LEXIS 1783)
Case Description: Title IX case addressing scheduling disparities in girls' sports games
NASW Supported: Amber Parker, et al.
Outcome: Favorable. The court ruled in favor of plaintiffs' Title IX and equal protection claims and remanded for trial.
Date Brief Filed: 1/31/2011

Text of Brief (PDF Document)

Patterson v. McLean Credit Union  (United States Supreme Court, 491 U.S. 164 (1989))
Case Description: Racial discrmination in employment and harrassment claim
NASW Supported: Patterson
Outcome: Mixed.
Date Brief Filed: 6/1/1988

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Pennhurst State School & Hospital v. Halderman  (United States Supreme Court, 451 U.S. 1 (1989))
Case Description: Class-action for reform of Pennsylvania state facilities for care and treatment of the mentally retarded
NASW Supported: Halderman
Outcome: Mixed.
Date Brief Filed: 10/20/1980

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

People of California v. FCC  (United States Court of Appeals, 9th Cir., 124 F.3d 934 (1997))
Case Description: FCC challenge to California call blocking system for unpublished phone numbers
NASW Supported: California
Outcome: Won on privacy issue.
Date Brief Filed: 8/17/1995

Text of Brief (PDF Document)

People v. Clark  (California Supreme Court, 789 P.2d 127 (1990))
Case Description: Extent of waiver of patient-psychotherapist privilege when Tarasoff warning given
NASW Supported: Clark
Outcome: Lost.
Date Brief Filed: 4/19/1990

Text of Brief (PDF Document)

People v. Doe  (Illinois Appellate Court, 103 Ill.App.3d 56 (1981))
Case Description: psychotherapist-patient privilege and confidentiality
NASW Supported: Doe, McCall
Outcome: Lost.
Date Brief Filed: 9/1/1981

Text of Brief (PDF Document)

People v. Wharton  (California Supreme Court, 809 P.2d 290 (Cal. 1991))
Case Description: Scope of psychotherapist-patient privilege when a Tarasoff warning has occurred
NASW Supported: Wharton
Outcome: Lost.
Date Brief Filed: 10/26/1989

Text of Brief (PDF Document)

Perry v. Brown (previously captioned as Perry v. Schwarzenegger)  (U.S. Court of Appeals for the Ninth Circuit, No. 10-16696)
Case Description: California challenge to ban on same-sex marriage.
NASW Supported: Perry, et al.
Outcome: Favorable. Court found Prop. 8 ban on same-sex marriage to be unconstitutional.
Date Brief Filed: 10/25/2010

Text of Brief (PDF Document)

Perry v. Schwarzenegger  (United States District Court for the Northern District of California , 704 F.Supp.2d 921 (2010))
Case Description: Constitutional challenge to California's Proposition 8 which banned same-sex marriage.
NASW Supported: Perry, et al.
Outcome: Won. Court held that ban on same-sex marriage violates the Equal Protection Clause. See brief filed in U.S. Court of Appeals.
Date Brief Filed: 2/3/2010

Motion for Leave to File (Word Document)
Text of Brief (PDF Document)

Perry v. Schwarzenegger (see Perry v. Brown)  (U.S. Court of Appeals for the Ninth Circuit, No. 10-16696)
Case Description: Constitutionality of ban on same-sex marriage
NASW Supported: Perry, et al.
Outcome: Favorable.

Pickup v. Brown  (United States Court of Appeals for the Ninth Circuit, CA No. 12-17681)
Case Description: Appeal of a legal challenge to California's SB 1172 which banned licensed mental health professions from providing "sexual orientation change efforts" as a treatment for minors.
NASW Supported: Brown, et al.
Outcome: Pending.
Date Brief Filed: 2/6/2013

Text of Brief (PDF Document)

Planned Parenthood of Southeastern Pennsylvania v. Casey  (United States Supreme Court, 505 U.S. 833 (1992))
Case Description: Abortion rights case
NASW Supported: Planned Parenthood of Southeastern Pennsylvania
Outcome: Mixed.
Date Brief Filed: 3/6/1992

Pulliam v. Smith  (North Carolina Supreme Court, 501 S.E.2d 898 (N.C. 1998))
Case Description: North Carolina gay father custody case
NASW Supported: Smith
Outcome: Lost.
Date Brief Filed: 2/14/1997

Text of Brief (PDF Document)
What Are the Rights of Children in Gay and Lesbian Families? (2002 LDF Legal Article) (HyperLink)
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Rasul v. Bush  (United States Supreme Court, 124 S.Ct. 2686 (2004))
Case Description: Human rights and due process for detainees in Guantanamo Bay, Cuba
NASW Supported: Shafiq Rasul
Outcome: Won.
Date Brief Filed: 1/14/2004

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)
Social Workers and International Human Rights (2004 LDF Legal Article) (HyperLink)

Redding v. Safford Unified School District #1, et al (also see Safford v. Redding Supreme Court Appeal Brief)  (United States Court of Appeals for the Ninth Circuit, 531 F.3d 1071 (2008))
Case Description: Legal challenge to the strip search by school officials of a 13-year-old girl
NASW Supported: April Redding
Outcome: Won. Court held that strip search in this case was unconstitutional.
Date Brief Filed: 2/21/2008

Motion for Leave to File Amicus Brief (PDF Document)
Text of Brief (PDF Document)
Court Decision (PDF Document)
LDF Article, School Social Workers and Student Strip Searches (Word Document)

Request for an Advisory Opinion A-107  (Massachusetts Supreme Judicial Court, SJC-09163)
Case Description: Massachusetts advisory opinion to Mass. Senate re: civil unions bill; Goodridge follow-up
NASW Supported: N/A
Outcome: Won.

Text of Brief (PDF Document)

Right to Choose v. Byrne  (New Jersey Supreme Court, 450 A.2d 925 (1982))
Case Description: New Jersey challenge to state law prohibiting state-funded elective abortions
NASW Supported: Right to Choose
Outcome: Mixed. Court found NJ restriction on medically necessary abortions unconstitutional, but found it permissible to prohibit elective, nontherapeutic abortions

Roe v. Crawford  (United States Court of Appeals for the Eighth Circuit, 514 F.3d 789 514 F.3d 789 (8th Cir. 2008), cert. denied, 76 U.S.L.W. 3646 (U.S. Oct. 6, 2008) )
Case Description: Missouri inmates' access to abortion services case.
NASW Supported: Roe, et al.
Outcome: Court granted relief.
Date Brief Filed: 12/11/2006

Text of Brief (PDF Document)
Court Decision (PDF Document)

Roe v. Norton  (United States Supreme Court, 422 U.S. 391 (1975))
Case Description: Challenge to Connecticut criminal law requiring welfare applicants to identify the noncustodial paren of their childrent for purposes of child support enforcement
NASW Supported: Sharon Roe
Outcome: Won. Case was remanded and appealed a second time as Maher v. Doe, and remanded again for consideration of whether state can make its own determination of whether disclosure of the putative father's identity is in the best interests of the child.
Date Brief Filed: 6/19/1974

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Roe v. Planned Parenthood Southwest Ohio Region  (Supreme Court of Ohio, 122 Ohio St.3d 399 (2009))
Case Description: Privacy of third-party medical records in litigation.
NASW Supported: Planned Parenthood
Outcome: Won. Court protected privacy of medical records.
Date Brief Filed: 6/16/2008

Text of Brief (PDF Document)
Text of Brief (PDF Document)

Romer v. Evans  (United States Supreme Court, 517 U.S. 620 (1996))
Case Description: Challenge to Colorado constitutional amendment prohibiting laws protecting homosexuals from discrimination
NASW Supported: Evans
Outcome: Won.
Date Brief Filed: 5/3/1993

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Roper v. Simmons  (United States Supreme Court, 543 U.S. 551 (2005))
Case Description: Challenge to death penalty for 17-year-olds
NASW Supported: Simmons
Outcome: Won.
Date Brief Filed: 7/19/2004

Supreme Court Decision (HyperLink)
Social Workers and Capital Punishment for Juveniles (2004 LDF Legal Article) (HyperLink)
Text of Brief (PDF Document)

Rosie v. North Carolina Department of Human Resources  (North Carolina Supreme Court, 491 S.E.2d 535 (N.C. 1997))
Case Description: Challenge to North Carolina policy of fuding childbirth expenses but not abortions for indigent women
NASW Supported: Rosie
Outcome: Lost.
Date Brief Filed: 7/22/1996

Text of Brief (PDF Document)

Rowinsky v. Bryan Independent School District  (United States Supreme Court, 519 U.S. 861 (1996))
Case Description: Title IX peer sexual harrassment lawsuit
NASW Supported: Rowinsky
Outcome: Certiorari denied.
Date Brief Filed: 5/12/1995

Text of Brief (PDF Document)

Rudder v. Pataki  (New York Court of Appeals, 711 N.E.2d 701 (N.Y. 1999))
Case Description: Challenge to New York executive order affecting educational requirements for hospital social work directors; NASW NYC Chapter was a party to the litigation
NASW Supported: Rudder
Outcome: Lost.
Date Brief Filed: 7/29/1997

Rust v. Sullivan  (United States Supreme Court, 500 U.S. 173 (1991))
Case Description: Challenge to federal regulations prohibiting abortion counseling and referral in Title X family planning programs
NASW Supported: Rust
Outcome: Lost.
Date Brief Filed: 7/27/1990

Text of Brief (PDF Document)
S

Safford Unified School Dist. No. 1 v. Redding  (United States Supreme Court, 129 S.Ct. 2633 (2009) )
Case Description: Appeal involving the strip-search of a 13-year-old student for an alleged ibuprofen
NASW Supported: April Redding
Outcome: Won. Court held strip search unconstitutional.
Date Brief Filed: 4/1/2009

Text of Brief (PDF Document)

Sammataro v. Sammataro  (Rhode Island Supreme Court, 620 A.2d 1253 (1993))
Case Description: Child custody decision based upon mother's receipt of public assistance
NASW Supported: Marianne Sammataro
Outcome: Won.
Date Brief Filed: 2/22/1993

Text of Brief (PDF Document)

Samuels v. New York State Department of Health  (Court of Appeals, State of New York, 7 N.Y.3d 338, 855 N.E.2d 1 (2006))
Case Description: New York same-sex marriage case
NASW Supported: Samuels, et al
Outcome: Lost. Appeal combined with Hernandez v. Robles
Date Brief Filed: 4/14/2006

Text of Brief (PDF Document)

Samuels v. New York State Dept of Health  (Supreme Court of New York, County of Albany, No. 1967-04 (December 7, 2004), affirmed, 29 A.D.3d 9, 811 N.Y.S.2d 136 (2006))
Case Description: New York same-sex marriage case
NASW Supported: Samuels, et al.
Outcome: Lost. But see brief in Court of Appeals.
Date Brief Filed: 8/16/2004

Text of Brief (PDF Document)
What Do the Courts Say about Same-Sex Marriage? (2004 LDF Legal Article) (HyperLink)

Schneider v. Vine Street Clinic  (Appellate Court of Illinois, Fourth District, 77 Ill.App.3d 946 (1979))
Case Description: Illinois case regarding duty to warn or hospitalize potentially dangerous patient
NASW Supported: Vine Street Clinic, Fenton Drake, and Jay Mogerman
Outcome: Won on procedural grounds.
Date Brief Filed: 6/1/1979

Text of Brief (PDF Document)

Schroeder v. Schroeder  (Illinois Supreme Court, 172 Ill.2d 568 (1997))
Case Description: Sexual orientation of gay custodial parent
NASW Supported: Rebecca Lynn Schroeder
Outcome: Won.
Date Brief Filed: 7/11/1996

What Are the Rights of Children in Gay and Lesbian Families? (2002 LDF Legal Article) (HyperLink)

Sharon S. v. San Diego County Superior Court  (California Supreme Court, 2004 WL 304340)
Case Description: Second parent adoption, child custody and vistitation with gay/lesbian parents
NASW Supported: Annette F.
Outcome: Mixed. Decision seems to address different issues than those raised by NASW brief.
Date Brief Filed: 7/5/2002

Text of Brief (PDF Document)

Shelby Co. Alabama v. Holder  (United States Supreme Court, No. 12.-96)
Case Description: Voting Rights Act case stemming from an Alabama County's attempt to overturn the preclearance requirement before it can change voting procedures.
NASW Supported: Holder
Outcome: Pending
Date Brief Filed: 2/1/2013

Text of Brief (PDF Document)

Shields v. Madigan  (Supreme Court of New York, Appellate Division: Second Judicial Dept., 32 A.D.3d 1036, 820 N.Y.S.2d 890, N.Y.A.D. 2 Dept. (2006))
Case Description: New York same-sex marriage case
NASW Supported: Shields, et al.
Outcome: Lost.
Date Brief Filed: 7/5/2005

Shuai v. State of Indiana  (Court of Appeals of Indiana, 966 N.E.2d 619 (2012))
Case Description: Opposition to criminal prosecution of a woman who attempted suicide while pregnant.
NASW Supported: Bei Bei Shuai
Outcome: Mixed. Court granted motion for bail, but allowed prosecution to proceed.
Date Brief Filed: 7/28/2011

Text of Brief (PDF Document)

Smith v. NCAA  (United States Court of Appeal for the Third Circuit, 266 F.3d 152 (2001))
Case Description: Title IX discrmination in intercollegiate athletics
NASW Supported: Smith
Outcome: Mixed.
Date Brief Filed: 11/3/2000

Text of Brief (PDF Document)

Sonnheim v. State Board of Marriage Counselor Examiners  (New Jersey Superior Court, App. Div., 450 A.2d 1331 (1982))
Case Description: Licensed social worker qualifies as a licensed marriage counselor
NASW Supported: Sonnheim
Outcome: Won.
Date Brief Filed: 9/2/1981

Text of Brief (PDF Document)

Sprint/United Management Co. v. Mendelsohn  (Supreme Court of the United States, 128 S.Ct. 1140 (2008))
Case Description: Employment discrimination case challenging exclusion of "other supervisor" evidence proffered by plaintiff/employees
NASW Supported: Mendelsohn
Outcome: Mixed. Remanded to trial court to determine relevance of
Date Brief Filed: 10/19/2007

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Stanford v. Kentucky  (United States Supreme Court, 492 U.S. 361, 110 S.Ct. 23 (1989))
Case Description: Challenge to juvenile death penalty
NASW Supported: Stanford
Outcome: Lost.

State of Alabama v. Ankrom (consolidated with State v. Kimbrough)  (Supreme Court of Alabama, No. 11-10176)
Case Description: Opposition to criminal prosecution of women under child endangerment laws for conduct during pregnancy.
NASW Supported: Hope Ankrom
Outcome: Pending.
Date Brief Filed: 3/13/2012

Text of Brief (PDF Document)

State of Alabama v. Kimbrough  (Supreme Court of Alabama, No. 11-10219)
Case Description: Petition for certiorari in a legal challenge to the criminal prosecution of a woman for using illegal substances
NASW Supported: Amanda Kimbrough
Outcome: Accepted for review.
Date Brief Filed: 11/18/2011

Text of Brief (PDF Document)

State of Alabama v. Kimbrough (consolidated with State v. Ankrom)  (Supreme Court of Alabama, No. 11-10219)
Case Description: Opposition to criminal prosecution of woman under child endangerment law for her conduct during pregnancy.
NASW Supported: Amanda H. Kimbrough
Outcome: Pending.
Date Brief Filed: 3/13/2012

Text of Brief (PDF Document)

State of Arizona v. Hope King  (Superior Court of Arizona, County of Maricopa, CR2001-003384)
Case Description: Post-conviction petition based on postpartum psychosis
NASW Supported: Hope King
Outcome: Pending.
Date Brief Filed: 4/2/2012

Text of Brief (PDF Document)

State of Mississippi v. Buckhalter  (Supreme Court of Mississippi, No. 2012-CA-00725)
Case Description: Opposition to criminal prosecution of Mississippi woman for delivering stillborn fetus.
NASW Supported: Nina Buckhalter
Outcome: Pending.
Date Brief Filed: 11/13/2012

Text of Brief (PDF Document)

State of New Jersey in the Interest of V.A.  (Supreme Court of New Jersey, No. 068707; 2012 N.J. LEXIS 899)
Case Description: New Jersey case reviewing the legal standard for waiver of juvenile justice adjudications to adult court.
NASW Supported:
Outcome: Favorable. The court expanded the discretion of courts in reviewing prosecutorial decisions on waiver of juveniles to criminal court.
Date Brief Filed: 1/9/2012

Text of Brief (PDF Document)
Court Decision (PDF Document)

State v. Aiwohi  (Hawaii Supreme Court, 2005 WL 3163506 (Hawai'i))
Case Description: Drug dependent mother charged with manslaughter after death of her newborn child
NASW Supported: Aiwohi
Outcome: Won.

Text of Brief (PDF Document)
Appendix to Brief (PDF Document)

State v. Baxley  (Louisiana Supreme Court, 656 So.2d 973 (1995))
Case Description: Constitutional challenge to Louisiana "crimes against nature" statute
NASW Supported: Baxley
Outcome: Lost.
Date Brief Filed: 1/6/1994

Text of Brief (PDF Document)

State v. Butler  (Louisiana Court of Appeal, No. 96-KW-0707 (La. Ct. App.))
Case Description: Challenge to Louisiana death penalty for child rape
NASW Supported: Butler
Outcome: won

State v. Gibbs  (Circuit Court of Lowndes County, Mississippi, No. 2007-0031-CRI)
Case Description: Challenging the prosecution of a teenager for suffering a stillbirth after carrying a pregnancy to term and abusing illegal drugs.
NASW Supported: Rennie Gibbs
Outcome: Defendant's motion to dismiss denied. See brief filed in Gibbs v. State.
Date Brief Filed: 11/23/2009

Text of Brief and Motion for Leave (PDF Document)

State v. Hernandez  (District Court in and for Oklahoma County, No. CF-2004-4801)
Case Description: Oklahoma prosecution of woman who used drugs during pregnancy and delivered stillbirth
NASW Supported: Hernandez
Outcome: Defendant pled guilty to lesser crime.
Date Brief Filed: 9/20/2007

Text of Brief (PDF Document)

State v. Kemp  (Pennsylvania Superior Court, 643 A.2d 705 (Pa. Super. Ct. 1994))
Case Description: Pennsylvania challenge to prosecution of pregnant substance abusers
NASW Supported: Kemp
Outcome: Won.
Date Brief Filed: 7/1/1993

Text of Brief (PDF Document)
Legal Developments in Treating and Prosecuting Pregnant Substance Abusers (2004 LDF Legal Article) (HyperLink)

State v. Limon  (Kansas Supreme Court, 122 P.3d 22 (2005))
Case Description: Kansas "Romeo & Juliet" Law unequally applied to gay teens
NASW Supported: Limon
Outcome: Won.
Date Brief Filed: 8/9/2004

Text of Brief (Word Document)

State v. Lopes  (Rhode Island Supreme Court, 660 A.2d 707 (R.I. 1995))
Case Description: Rhode Island appeal of prosecution for committing "the abominable and detestable crime against nature"
NASW Supported: Lopes
Outcome: Lost.
Date Brief Filed: 2/13/1995

Text of Brief (PDF Document)

State v. Martinez  (Supreme Court of the State of New Mexico, 141 N.M. 763, 161 P.3d 260 (2007))
Case Description: New Mexico appeal of court decision finding that criminal prosecution of woman for continuing her pregnancy while suffering from drug addiction was not legal.
NASW Supported: Martinez
Outcome: Won. State supreme court decided not to hear the case, leaving the positive lower court opinion intact.
Date Brief Filed: 3/9/2007

Text of Brief (PDF Document)

State v. Morales  (Texas Supreme Court, 869 S.W.2d 941 (Tex. 1994))
Case Description: Challenge to Texas criminal sodomy statute
NASW Supported: Morales, et al.
Outcome: Lost.
Date Brief Filed: 12/14/1992

Text of Brief (PDF Document)

State v. Peppers  (Sourth Carolina Supreme Court, 346 S.C. 502 (2001))
Case Description: Mother of stillborn child charged with felony for substance abuse during pregnancy
NASW Supported: Peppers
Outcome: Won.
Date Brief Filed: 5/11/2001

Text of Brief (Word Document)

State v. Planned Parenthood of Alaska  (Alaska Supreme Court, 171 P.3d 577 (2007); No. S-11365)
Case Description: Challenge to judicial bypass procedure for minors seeking abortions
NASW Supported: Planned Parenthood of Alaska
Outcome: Court granted relief and held that Parental Consent Act violated state constitution.
Date Brief Filed: 10/1/2004

Text of Brief (HyperLink)

State v. Wilson  (Louisiana Supreme Court, 685 So.2d 1063 (La. 1996))
Case Description: Challenge to Louisiana death penalty for child rape
NASW Supported: Wilson
Outcome: Lost.

Text of Brief (Word Document)

Success Against All Odds v. Department of Public Welfare of Com.  (Pennsylvania Commonwealth Court, 700 A.2d 1340 (1997))
Case Description: Class action challenge to Pennsylvania suspension of child support pass-through payments for public assistance beneficiaries
NASW Supported: Success Against All Odds
Outcome: Lost.

Sullivan v. Florida (same brief filed in Graham v. Florida)  (United States Supreme Court, 130 S.Ct. 2059 (2010))
Case Description: Challenge to life without parole sentence for juvenile offender.
NASW Supported: Joe Harris Sullivan
Outcome: Dismissed; but Court banned life without parole in Graham v. Florida decision
Date Brief Filed: 7/23/2009

Text of Brief (PDF Document)

Susan Seven-Sky v. Eric Holder  (U.S. Court of Appeals for the DC Circuit, 661 F.3d 1 (2011); cert. denied, 2012 U.S. LEXIS 4945 (U.S., June 29, 2012) )
Case Description: Appeal of a challenge to the federal health reform law, the Affordable Care Act. Amicus brief supports the ACA based on expanded access to care for women.
NASW Supported: Seven-Sky, et al.
Outcome: Favorable. Court struck the challenge to the ACA, holding that it was a valid exercise of the Commerce Clause.
Date Brief Filed: 7/5/2011

Text of Brief (PDF Document)

Suter v. Artist M.  (United States Supreme Court, 112 S.Ct. 1360 (1992))
Case Description: Private cause of action under Adoption Assistance and Child Welfare Act
NASW Supported: Artist M.
Outcome: Lost.
Date Brief Filed: 9/11/1991

Text of Brief (PDF Document)
T

T.B. v. L.R.M.  (Pennsylvania Supreme Court, 786 A.2d 913 (Pa. 2001))
Case Description: Lesbian child visitation case.
NASW Supported: T.B.
Outcome: Won.
Date Brief Filed: 4/12/2001

Text of Brief (PDF Document)

T.F. v. B.L.  (Massachusetts Supreme Judicial Court, 442 Mass. 522, 813 N.E.2d 1244 (2004))
Case Description: Lesbian child-support case
NASW Supported: T.F.
Outcome: Lost. Court found implied contract to co-parent was unenforceable. Court refused to create a duty to pay child support.
Date Brief Filed: 2/24/2004

Text of Brief (PDF Document)

Thompson v. North American Stainless, LP  (United States Supreme Court, 131 S. Ct. 863 (2011) )
Case Description: Title VII employment discrimination case seeking clarification that close family members and friends who are targets of unlawful retaliation may file complaints
NASW Supported: Thompson
Outcome: Won, employee’s fiancé may file complaint for retaliation. Case reversed and remanded.
Date Brief Filed: 9/10/2010

Text of Brief (PDF Document)

Thompson v. Oklahoma  (United States Supreme Court, 487 U.S. 815 (1988))
Case Description: Death penalty prohibited for juvenile aged 15 years old
NASW Supported: Thompson
Outcome: Mixed.
Date Brief Filed: 5/14/1987

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

Trear v Sills  (California Court of Appeal, 82 Cal.Rptr.2d 281 (Ct. App. 1999))
Case Description: Psyvhotherapist's lack of duty to third parties when treating alleged childhood sexual abuse victims
NASW Supported: Sills
Outcome: Won.
Date Brief Filed: 1/16/1996

Text of Brief (PDF Document)
Do Social Workers Owe a Legal Duty to the Alleged Abuser of a Client? (2002 LDF Legal Article) (HyperLink)

TSSAA v. Brentwood Academy  (United States Supreme Court, 127 S.Ct. 2489 (2007))
Case Description: State action case regarding whether state athletic associations are subject to federal constitutional standards.
NASW Supported: Brentwood Academy
Outcome: Won on state action issue. School lost on merits.
Date Brief Filed: 3/26/2007

Text of Brief (PDF Document)
U

United States v. Arizona  (United States Court of Appeal for the Ninth Circuit, No. 10-16645)
Case Description: Federal challenge to Arizona SB 1070, as an improper usurption of federal authority. Brief focuses on harm to immigrant women due to restrictive state provisions.
NASW Supported: United States of America
Outcome: Won. Court affirmed preliminary injunction, finding that the U.S. was likely to succeed in its challenge to sections of SB 1070.
Date Brief Filed: 9/30/2010

Text of Brief (PDF Document)
Court Decision (HyperLink)
U.S. Supreme Court Decision (HyperLink)

United States v. Virginia  (United States Supreme Court, 518 U.S. 515 (1996))
Case Description: Virginia Military Institute (VMI) women's equality case
NASW Supported: United States
Outcome: Won.
Date Brief Filed: 11/16/1995

United States v. Windsor  (United States Supreme Court, No. 12-307)
Case Description: Legal challenge by lesbian widow to the federal Defense of Marriage Act.
NASW Supported: Edith Windsor
Outcome: Pending.
Date Brief Filed: 3/1/2013

Text of Brief (PDF Document)
V

Varnum v. Brien  (Supreme Court of Iowa, 763 N.W.2d 862 (2009))
Case Description: Iowa same-sex marriage case
NASW Supported: Varnum, et al.
Outcome: Won. Court struck down ban on same-sex marriage.
Date Brief Filed: 3/28/2008

Text of Brief (PDF Document)
Motion to File Amicus Brief (PDF Document)
Court Decision (HyperLink)

Victorelli v. Shadyside Hospital  (United States Court of Appeals, 3rd Cir., 128 F.3d 184 (3rd Cir. 1997))
Case Description: Family Medical Leave Act case
NASW Supported: Victorelli
Outcome: Won.
Date Brief Filed: 3/20/1997

W

Wal-Mart Stores, Inc., v. Dukes, et al.  (Supreme Court of the United States, 131 S. Ct. 2541 (2011))
Case Description: Class-action certification in employer gender discrimination lawsuit.
NASW Supported: Betty Dukes
Outcome: Reversed. Court held that class had been improperly certified.
Date Brief Filed: 3/1/2011

Text of Brief (PDF Document)

Webster v. Reproductive Health Services  (United States Supreme Court, 492 U.S. 490 (1989))
Case Description: Missouri abortion rights case
NASW Supported: Reproductive Health Services, et al.
Outcome: Lost.
Date Brief Filed: 3/30/1989

Text of Brief (PDF Document)

Weeks v. Connick  (United States District Court, E.D. La. E.D. Louisiana, 733 F.Supp. 1036 (E.D. La. 1990))
Case Description: Lousiana case clarifying repeal of criminal abortion statutes
NASW Supported: Weeks, et al.
Outcome: Won.
Date Brief Filed: 11/13/1989

Text of Brief (PDF Document)

White v. White  (Missouri Court of Appeals for the Western District, --- S.W.3d ----, 2009 WL 1748551, No. WD69580)
Case Description: Child custody dispute involving lesbian couple and sibling pair.
NASW Supported: Leslea Diane White
Outcome: Case dismissed; Application for transfer to Supreme Court denied (7/28/2009)
Date Brief Filed: 7/17/2008

Text of Brief (Word Document)

Whitner v. South Carolina  (United States District Court for the District of South Carolina, C/A No. 2:98-3564-23AJ)
Case Description: Habeas corpus petition for woman prosecuted for using cocaine during pregnancy
NASW Supported: Whitner
Date Brief Filed: 1/21/1999

Whitner v. South Carolina  (United States Supreme Court, 523 U.S. 1145 (1998))
Case Description: South Carolina case on child abuse reporting for cocaine use during pregnancy
NASW Supported: Whitner
Outcome: Certiorari denied.
Date Brief Filed: 4/6/1998

Text of Brief (PDF Document)

Wiggins v. Smith  (United States Supreme Court, 539 U.S. 510 (2003))
Case Description: Social worker as death penalty sentence mitigation specialist
NASW Supported: Wiggins
Outcome: Won.
Date Brief Filed: 1/9/2003

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)
Social Workers as Death Penalty Mitigation Specialists (2003 LDF Legal Article) (HyperLink)

Williams v. Head  (United States Supreme Court, 535 U.S. 1031, 122 S.Ct. 1639 (2002))
Case Description: Habeas corpus petition for juvenile death penalty case
NASW Supported: Williams
Outcome: Lost. Certiorari denied.
Date Brief Filed: 9/21/2000

Text of Brief (PDF Document)

Windsor v. United States  (United States Court of Appeal for the Second Circcuit, No. 12-2335)
Case Description: Legal challenge by lesbian widow to the federal Defense of Marriage Act
NASW Supported: Edie Windsor
Outcome: Favorable. Appeals court affirmed district court ruling that DOMA is unconstitutional.
Date Brief Filed: 9/13/2012

Text of Brief (PDF Document)
Court Decision (PDF Document)
Dissenting Opinion (PDF Document)

Wyatt v. Fletcher and Newell  (United States Court of Appeals for the Fifth Circuit, No. 11-41359)
Case Description: Federal case challenging Texas school officials' nonconsensual "outing" of lesbian student to her parent.
NASW Supported: Barbara Wyatt
Outcome: Pending.
Date Brief Filed: 6/20/2012

Text of Brief (PDF Document)
Y

Youngberg v. Romeo  (United States Supreme Court, 101 S.Ct. 2313 (1981))
Case Description: Safety standards for involuntary commitment of mentally retarded individual in Pennsylvania state institution
NASW Supported: Romeo
Outcome: Won.
Date Brief Filed: 9/23/1981

Text of Brief (PDF Document)
Supreme Court Decision (HyperLink)

http://www.socialworkers.org/ldf/brief_bank/Default.asp
4/8/2013
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