Henne v. Wright
United States Appeals Court for the Eighth Circuit
904 F.2d 1208 (1990)
Debra Henne wanted to give her newborn daughter the surname of the child's biological father, but hospital staff told her Nebraska law required the surname Henne because she was still legally married to Robert Henne. Linda Spidell, unmarried and with paternity undeclared, wanted to give her daughter a surname (McKenzie) unrelated to any legal parent, simply because she liked the name; hospital staff refused and the child was surnamed Spidell instead. Both mothers (plaintiffs) sued the State of Nebraska (defendant), arguing the naming statute violated a fundamental Fourteenth Amendment liberty right.
Whether a Nebraska statute that prevents mothers from giving their children surnames unconnected to the children's legal parentage violates the Fourteenth Amendment.