Nebraska’s gay marriage ban struck down
Nebraska’s gay marriage ban struck down by federal judge.
(Photo: Wordpress)
U.S. District Judge Joseph F. Bataillon has just ruled Nebraska’s ban on same-sex marriage as unconstitutional. He has stayed his ruling for one week, giving the state time to appeal.
The American Civil Liberties Union of Nebraska sued the state in November on behalf of seven same-sex couples challenging the ban, which had passed the approval of 70 percent of voters in 2000. The ban also forbids civil unions and legalized domestic partnerships.
Judge Bataillon in his ruling predicts the U.S. Supreme Court will permanently strike down same-sex marriage bans nationwide.
“Marriage is about more than procreation,” Bataillon wrote. “The ostensible ‘procreative’ purpose does not hold up in light of the situations presented by infertile, intentionally childless, or elderly couples, all of whom are allowed the benefits and responsibilities of a state-sanctioned marital relationship.”
Bataillon previously struck down Nebraska’s gay marriage ban in 2005, and the 8th U.S. Circuit Court of Appeals reinstated it in 2006.
-by Sarah Furlong
