They moved to California when they wanted to start a family because that state allowed two unrelated adults to jointly adopt. They adopted two children, now ages 10 and 13, and are legal guardians for an 18-year-old.

The Waters formalized their relationship in California by becoming domestic partners in 2002. On the 10th anniversary of their commitment ceremony, they legally wed in California.

But ties with family and friends kept pulling them back home. They returned to Nebraska in 2010, even though they knew the state would not recognize their marriage.

They were grateful they had come back when Sally Waters was diagnosed with stage 3 breast cancer last year. Despite treatment, it has spread.

“If we had stayed in California, I would have been moving through this most horrific diagnosis and treatment without my extended family around me,” she said.

But their worries about the future are magnified because Nebraska law treats them as legal strangers. Because of the marriage ban, Sally Waters’ death certificate will list her as “single.”

The other plaintiffs are: