Reisman v. Tennessee Department of Human Services,
843 F. Supp. 356 (1993)



Facts: Ben and Laurel Reisman (Ps), a white couple, who became foster parents of a biracial child of black and white heritage before her heritage was learned, filed a lawsuit seeking declarative and injunctive relief, as next friends of the child, then known as Baby Jane Doe, and all others similarly situated. Ps believed the civil rights of this class were being violated when Ps learned that the policies of the Tennessee Department of Human Services (D) were to place biracial children in black families or possibly interracial families, but not white families. During the pendency of this case, Ps were allowed to adopt Baby Jane Doe and the style of the case was changed from Baby Jane Doe to Cady Lauren Reisman. Atrial was held.

Issue: Is race a factor to consider in the adoption of children?

Rule: Race is a factor to consider in the adoption of children

Holding: Yes. Declaratory judgment and injunctive relief are granted.
The core purpose of the Equal Protection Clause of the Fourteenth Amendment is to prohibit governmentally imposed purposeful discrimination while acting under the color of law of a state. This case involves the rights of children whose biological parents were of different races. Biracial children are entitled to claim the rights guaranteed by the Constitution of both white and black races for equal protection.


Analysis:A summary of the contentions made in behalf of the plaintiff. In that summary, the next friends contend that race should not be a factor in the placement decision for bi-racial children or in the alternative, the use of race should be strictly defined and limited as follows: the applicant's ability and willingness to address the child's racial, ethnic, and cultural needs.