Posted on 07/14/2006 10:31:02 AM PDT by stan_sipple
A federal appeals court has reversed a ruling that struck down Nebraska's same-sex marriage ban. The 8th U.S. Circuit Court of Appeals on Friday overturned an earlier ruling by U.S. District Judge Joseph Bataillon, who ruled last year that the measure was too broad and deprived gays and lesbians of participation in the political process, among other things. Seventy percent of Nebraska voters approved the amendment in 2000. The court said the amendment "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States." Attorney General Jon Bruning argued earlier the ban should be restored because it "does not violate any person's freedom of expression or association." Opponents of the ban "are free to gather, express themselves, lobby, and generally participate in the political process however they see fit," he said. "Plaintiffs are free to petition state senators to place a constitutional amendment on the ballot. Plaintiffs are similarly free to begin an initiative process to place a constitutional amendment on the ballot, just as supporters ... did." The lawsuit challenging the ban was filed by New York-based Lambda and the ACLU's Lesbian and Gay Project. Officials there could not be reached for immediate comment. Opponents of gay marriage have pointed to Bataillon's ruling as a reason to seek a national ban. While the amendment specifically banned gay marriage, it went further than similar bans in many states by prohibiting same-sex couples from enjoying many of the legal protections that heterosexual couples enjoy. Gays and lesbians who work for the state or the University of Nebraska system, for example, were banned from sharing health insurance and other benefits with their partners. Bataillon said the amendment 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. He said the ban amounted to punishment by going beyond merely defining marriage as between a man and a woman, noting that it also says the state will not recognize two people in a same-sex relationship "similar to marriage." Writing for the appeals court, Chief Judge James Loken said "the political harm to appellees' members is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of" the amendment "were motivated solely by a desire to punish disadvantaged groups." "While voting rights and apportionment cases establish the fundamental right to access the political process, it is not an absolute right," Loken said. "In a multi-tiered democracy, it is inevitable that interest groups will strive to make it more difficult for competing interest groups to achieve contrary legislative objectives."Earlier this month, New York's highest court rejected same-sex couples' bid to win marriage rights and Georgia's high court reinstated that state's constitutional amendment banning gay marriage. Gay marriage opponents in Massachusetts got a boost Monday from the Supreme Judicial Court, which ruled that a proposed ban could go forward, provided it clear the remaining legislative hurdles. The Tennessee Supreme Court also Friday cleared the way for voters to decide whether to amend the state constitution to ban gay marriage
Good to see something upheld after the will of the people is expressed.
Also, please format for paragraphs.
Born 1949 in Omaha, NE
Federal Judicial Service:
Judge, U. S. District Court, District of Nebraska
Nominated by William J. Clinton on January 7, 1997, to a seat vacated by Lyle E. Strom; Confirmed by the Senate on September 11, 1997, and received commission on September 18, 1997. Served as chief judge, 2004-present.
Education:
Creighton University, B.A., 1971
Creighton University School of Law, J.D., 1974
Professional Career:
Deputy public defender, Douglas County, Nebraska, 1974-1980 Private practice, Omaha, Nebraska, 1980-1997
Race or Ethnicity: White
Gender: Male
There, that's better.
Active Judges
Hon. James B. Loken, Chief Judge - Minneapolis, MN - Appointed October 17, 1990
Hon. Roger L. Wollman - Sioux Falls, SD - Appointed July 22, 1985
Hon. Morris S. Arnold - Little Rock, AR - Appointed May 26, 1992
Hon. Diana E. Murphy - Minneapolis, MN - Appointed October 11, 1994
Hon. Kermit E. Bye - Fargo, ND - Appointed March 9, 2000
Hon. William Jay Riley - Omaha, NE - Appointed August 3, 2001
Hon. Michael J. Melloy - Cedar Rapids, IA - Appointed February 14, 2002
Hon. Lavenski R. Smith - Little Rock, AR - Appointed July 19, 2002
Hon. Steven M. Colloton - Des Moines, IA - Appointed September 30, 2003
Hon. Raymond W. Gruender - St. Louis, MO - Appointed June 5, 2004
Hon. Duane Benton - Kansas City, MO - Appointed July 2, 2004
Senior Judges
Hon. Donald P. Lay - St. Paul, MN - Appointed July 22, 1966
Hon. Gerald W. Heaney - Duluth, MN - Appointed November 3, 1966
Hon. Myron H. Bright - Fargo, ND - Appointed June 7, 1968
Hon. John R. Gibson - Kansas City, MO - Appointed March 30, 1982
Hon. George G. Fagg - Des Moines, IA - Appointed October 1, 1982
Hon. Pasco M. Bowman - Kansas City, MO - Appointed July 19, 1983
Hon. Frank J. Magill - Fargo, ND - Appointed March 4, 1986
Hon. C. Arlen Beam - Lincoln, NE - Appointed November 9, 1987
Hon. David R. Hansen - Cedar Rapids, IA - Appointed November 18, 1991
http://www.ca8.uscourts.gov/newcoa/judge.htm
Dig under that rock where the people hide who put him up to the District Court and youll find every Democrat in Nebraska
07/14/2006
Citizens for Equal Protection v. John Bruning
U.S. Court of Appeals Case No: 05-2604
[Loken, Author, with Bowman and Smith, Circuit Judges]
http://www.ca8.uscourts.gov/cgi-bin/new/today2.pl
Loken is a Bush 41 appointee.
Bowman is a Reagan appointee.
Smith is a Bush 43 appointee.
look at the most liberal 8th circuit judges, lay, murphy and bye they all were demo appointments
Don't forget that he was a state rat party official for many years.
The National Association for Research and Therapy of Homosexuality (NARTH) now has a blog....
http://www.narth.com/blogs/currentevents/
Let me know how the amendment affects other than gays. I'm not getting it. Thanks.
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