eighth circuit

...now browsing by tag

 
 

Federal Judge Strikes Down Nebraska Marriage Equality Ban

Tuesday, March 3rd, 2015

A Federal Judge struck down Nebraska’s marriage equality ban, with an effective date in one week.

LGBTQ Nation reports:

A federal judge blocked Nebraska’s same-sex marriage ban on Monday… The American Civil Liberties Union of Nebraska sued the state in November on behalf of seven same-sex couples challenging the ban, which passed with the approval of 70 percent of voters in 2000. In addition to prohibiting gay marriage, the ban also forbids civil unions and legalized domestic partnerships. Same-sex couples miss out on medical and financial benefits that are available to heterosexual married couples, U.S. District Judge Joseph Bataillon said in issuing the injunction, which takes effect March 9.

The state immediately appealed the decision to the 8th circuit.

Zack Ford at Think Progress says the Eighth Circuit may be inclined to issue a stay:

Marriage equality would thus take effect on March 9, provided the Eighth Circuit doesn’t institute a longer stay. Unlike in other circuits, the Eighth Circuit might be inclined to do just that. Battalion has actually ruled against Nebraska’s ban before, way back in a 2005 case called Citizens for Equal Protection v. Bruning. The state appealed, and a three-judge panel of the Eighth Circuit unanimously overturned his decision, ruling that the ban did not violate same-sex couples’ equal protection under the law. The Eighth Circuit is the only appeals court that has a precedent for upholding marriage bans.

Nebraska Governor Pete Ricketts denounced the ruling.

The Republican governor said Monday that the issue should be left to Nebraskans, and not an “activist judge” subverting their will. Ricketts say he will work with Attorney General Doug Peterson, a fellow Republican, to uphold the current constitutional amendment passed by voters in 2000.

Meanwhile, LGBT couples celebrated:

As it stands now, the ban on gay marriage has been lifted and is set to go into effect March 9th. It’s a day Roby and Tubach have been waiting for, for nearly 30 years. “This is our home. I’m not going to go somewhere else. I’m going to stay here and work through the process so that we can do this here,” said Roby. “I am most interested in being able to move this ring from my right hand ring finger to my left hand ring finger,” said an emotional Tubach.

And Rep. Brad Ashford (D) released a statement in support of the decision.

Discrimination against anyone based on their sexual orientation has no place in this country. Courts across the country are demanding equal treatment under the law, and today, Nebraska took a major stand against inequality in this country. This decision does not ask individuals to abandon their principles on the issue, but rather, to accept that this country is overwhelmingly diverse, and we must embrace those who might not hold our same beliefs. The many differences of individuals are what make this a great nation, and today’s decision recognizes that same-sex couples deserve equal rights under the law. I applaud this decision and commit to continue working for equality for all Nebraskans in the future.

In related news, the state’s welfare officials have been ignoring a ban on gay foster parents:

The state’s Department of Health and Human Services established a policy in 1995 that prohibited the placement of foster children with gay and lesbian couples or unmarried couples unless they are related to the children. During a review of state agencies, Ricketts’ office learned that the DHHS has been ignoring the policy, his spokesman Taylor Gage said. He said he didn’t know when the state began placing children with such couples or how many children had been placed in such homes.

The Dallas Voice has a new marriage equality map:

Dallas Voice marriage equality map

So does Wikipedia:

Wikipedia Marriage Equality Map