Federal Judge Overturns Nebraska Anti-Gay Amendment
by 365Gay.com Newscenter Staff
Posted: May 12, 2005 6:30 pm ET
(Lincoln, Nebraska) A federal judge Thursday struck down Nebraska's ban on gay marriage, saying the measure interferes not only with the rights of gay couples but also with foster parents, adopted children and people in a host of other living arrangements.
The constitutional amendment, passed in 2000 with 70 percent of the vote. It banned any and all forms of legal recognition for same-sex relationships, including domestic partnerships and other basic protections.
In his ruling, U.S. District Judge Joseph Bataillon said the ban "imposes significant burdens on both the expressive and intimate associational rights" of gays and lesbians and "creates a significant barrier to the plaintiffs' right to petition or to participate in the political process."
Bataillon noted noted in his ruling that the plaintiffs in the case had not requested any recognition of their relationships through marriage or any other legal status, but merely sought an equal opportunity to persuade legislators of the need for protections.
He went on to say, "The court finds Section 29 is a denial of access to one of our most fundamental sources of protection, the government. Such broad exclusion from 'an almost limitless number of transactions and endeavors that constitute ordinary civil life in a free society' is 'itself a denial of equal protections in the literal sense.'"
The lawsuit challenging the ban was filed by Lambda Legal and the ACLU's Lesbian and Gay Project.
"This anti-gay-union law, in effect, hung a sign on the door of the Unicameral saying 'Same-Sex Couples Not Allowed,'" said David Buckel, a senior attorney at Lambda Legal, one of the groups representing the plaintiffs.
"It makes no sense that Americans who believe in commitment and want to be more responsible to each other and their children have to fight so hard just for the right to try to persuade legislators that protections for family are important - successful or not, all citizens should have an equal shot in the democratic process."
Nebraska Attorney General Jon Bruning, who plans to appeal the ruling to the U.S. Court of Appeals for the 8th Circuit., said same-sex marriages were not allowed before the ban and would not be permitted now.
"I intend to pursue this case vigorously," he said. "Seventy percent of Nebraskans voted for the amendment to define marriage as a union between one man and one woman, and I believe that the citizens of this state have a right to structure their constitution as they see fit."
Former Presidential candidate Gary Bauer said the ruling is "evidence that ultimately only a federal constitutional amendment will protect normal, traditional marriage."
Bauer, who is the president of American Values continued, "I am saddened and outraged that another federal judge has ignored the will of the American people to align with gay rights groups and substitute personal liberal philosophies for the clear, lawful policies chosen by the electorate. Despite the overwhelming number of Nebraskans who expressed their support for marriage as a sacred institution between one man and one woman, a single judge decided he knew better."
On Wednesday the Nebraska Legislature defeated a bill that would ban discrimination against gay and lesbian state workers.
