HENNE V. WRIGHT
904 F.2d 1208 (8th Cir. 1990)
NATURE OF THE CASE: This was a dispute over surnames. Henne (Ps), mothers sought
declaratory and injunctive relief against Wright (D), health department and bureau of vital
statistics, that Neb. Rev. Stat. 71-640.01 (1986) unconstitutionally infringed their
Fourteenth Amendment right to choose surnames for their daughters other than those
prescribed. The United States District Court granted the requested relief. D appealed.
FACTS: Debra Henne (P) gave birth to Alice Renne Henne in 1985 in Lincoln Nebraska. P
completed the birth certificate, listed Gary Brinton as the father, and entered the name,
Alice Renee Brinton. Gary, also present while this was going on, completed and signed a
paternity form. At the time of birth, P was still married to Robert Henne. P and Robert had
filed for divorce prior to the birth and the divorce had not become final until after the
birth. Because of her marital status, the hospital, on instructions from the Department of
Health, informed P that she could not surname her daughter Brinton. P then filed in a new
certificate surnaming the daughter Henne but leaving the father's name blank. P then waited
three years and requested that the surname be changed back to Brinton and that Gary be
listed as the father on the certificate. That request was denied by the Bureau of Vital
Statistics under the orders of Cooper and Wright (D). Linda Spidell (P1) wanted to surname
her child McKenzie as she had her two other children simply because she liked that name but
was also denied. Ps filed for declaratory and injunctive relief and got it.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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