Nebraska Gay-Marriage Ban Struck Down
Mar 2, 2015 10:19 AM EST
Andrew M Harris - Bloomberg Politics
(Bloomberg) -- Nebraskafs same-sex marriage ban was blocked by a federal
judge who ordered state officials to treat gay couples the same as their
heterosexual counterparts when issuing licenses to wed, starting on March 9.
State Attorney General Doug Peterson immediately informed U.S. District Judge
Joseph Bataillon in Omaha he will appeal.
Gay marriage is presently permitted in 37 states and the District of
Columbia. The U.S. Supreme Court has agreed to consider whether gaysf right to
wed is guaranteed by the U.S. Constitution and will probably rule in June.
Bataillonfs order, issued Monday, follows a tumultuous start to same-sex
marriage in Alabama, where the chief judge, Roy S. Moore, ordered county
officials responsible for issuing marriage licenses to ignore a federal judgefs
ruling dissolving that statefs prohibition. Some of the officials obeyed and
others didnft, creating a patchwork legal landscape for gay couples seeking to
wed.
The Omaha lawsuit was filed in November by seven same-sex couples.
Challenging a voter-approved anti-gay marriage amendment to the statefs
constitution, they sought the right to wed and recognition of gay marriages
legally performed elsewhere.
gThe amendment is not somehow insulated from review because it was enacted by
a significant majority,h the judge ruled, concluding it violated the U.S.
Constitution.
He framed the statefs arguments as a defense of opposite-sex parenting and
said those contentions were grooted in archaic and over-broadh gender
stereotypes.
gThe statefs supposed purpose in channeling children into stable
relationships is not served by a same-sex marriage ban,hBataillon said.
Suzanne Gage, a spokeswoman for the attorney general, declined to comment
immediately on the court order. She said he would make a statement later Monday.
The case is Waters v. Ricketts, 14-cv-356, U.S. District Court, District of
Nebraska (Omaha).
To contact the reporter on this story: Andrew Harris in federal court in
Chicago at aharris16@bloomberg.net.
To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net.
Charles Carter, Joe Schneider