Huy Le v. Lautrup

Gerrard, L,

dissenting.

I disagree with the majority’s determination that the Nebraska guest statute, Neb. Rev. Stat. § 25-21,237 (Reissue 1995), does not violate the equal protection clause of the Nebraska Constitution. The guest statute, as amended in 1981, is not rationally related to a legitimate governmental purpose, as required under equal protection principles, and is therefore unconstitutional. Accordingly, I respectfully dissent.

The majority correctly notes that this court has previously addressed the constitutionality of the Nebraska guest statute, finding no violation of the equal…