Henne ex rel. Henne v. Wright

BRIGHT, Senior Circuit Judge.

Defendants Dr. Gregg F. Wright, M.D., Director of the Nebraska Department of Health, and Stanley S. Cooper, Director of the Nebraska Bureau of Vital Statistics, appeal the judgment of the district court granting plaintiffs Debra Henne and Linda Spidell declaratory and injunctive relief from a Nebraska statute that restricts the choice of surnames that can be entered on an infant’s birth certificate.1 Plaintiffs brought this action under 42 U.S.C. § 1983 individually and as next friends to their daughters alleging that Neb.Rev.Stat. § 71-640.01 (1986)…