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Judge strikes down Nebraska gay marriage ban
Ruling says measure interferes with rights of gays, others
WASHINGTON - In the first time that a federal judge has struck down a state constitutional provision limiting marriage to heterosexual couples, U.S. District Judge Joseph Bataillon on Thursday declared void a provision of the Nebraska constitution that defined marriage as only between a man and a woman and that banned same-sex civil unions, domestic partnerships and other similar relationships.
Bataillon declared in his ruling that under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, Nebraska cannot ban same-sex marriages and civil unions.
The ruling may call into question similar provisions in other states’ constitutions.
Nebraska voters enacted the provision five years ago, with 70 percent approving it.
Will rekindle debate in Congress
The ruling is sure to rekindle debate in Congress over judicial power and may re-energize the forces backing an amendment to the U.S. Constitution to limit marriage to man-woman couples.
In a statement, Nebraska Attorney General Jon Bruning said the state would appeal Bataillon’s ruling.
“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,” Bruning said.
Bataillon, who was nominated to the federal bench by President Clinton in 1997 and unanimously confirmed by the Senate, based his ruling on two Supreme Court decisions, Romer v. Evans in 1996 and Lawrence v. Texas in 2003, with the majority opinion in both written by Justice Anthony Kennedy.
Judge strikes down Nebraska gay marriage ban
Ruling says measure interferes with rights of gays, others
WASHINGTON - In the first time that a federal judge has struck down a state constitutional provision limiting marriage to heterosexual couples, U.S. District Judge Joseph Bataillon on Thursday declared void a provision of the Nebraska constitution that defined marriage as only between a man and a woman and that banned same-sex civil unions, domestic partnerships and other similar relationships.
Bataillon declared in his ruling that under the Equal Protection Clause of the 14th Amendment to the U.S. Constitution, Nebraska cannot ban same-sex marriages and civil unions.
The ruling may call into question similar provisions in other states’ constitutions.
Nebraska voters enacted the provision five years ago, with 70 percent approving it.
Will rekindle debate in Congress
The ruling is sure to rekindle debate in Congress over judicial power and may re-energize the forces backing an amendment to the U.S. Constitution to limit marriage to man-woman couples.
In a statement, Nebraska Attorney General Jon Bruning said the state would appeal Bataillon’s ruling.
“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,” Bruning said.
Bataillon, who was nominated to the federal bench by President Clinton in 1997 and unanimously confirmed by the Senate, based his ruling on two Supreme Court decisions, Romer v. Evans in 1996 and Lawrence v. Texas in 2003, with the majority opinion in both written by Justice Anthony Kennedy.
