Posted on 05/12/2005 1:32:13 PM PDT by jebanks
U.S. District Judge Joseph Bataillon struck down Thursday Nebraska's constitutional provision prohibiting gay marriage or civil unions.
The constitutional amendment, known as Initiative 416, passed in 2000 with 70 percent of the vote. It prevents homosexuals who work for the state or the University of Nebraska system from sharing health insurance and other benefits with their partners.
A group of lesbian and gay couples sued the state of Nebraska, contending the act barred "lesbian, gay and bisexual people from using the ordinary political process to seek important legal protections that all other Nebraskans already have."
Forty states have so-called "Defense of Marriage'' laws, but Nebraska's ban is the only one that explicitly prohibits same-sex couples from enjoying many of the legal protections that heterosexual couples enjoy.
Judge declares mistrial after making Mexican joke
September 28, 2001
OMAHA, Neb. - A federal judge declared a mistrial in a civil case against two police officers accused of using excessive force after the plaintiffs' attorney objected to a joking comment the judge made about Mexicans.
U.S. District Judge Joseph Bataillon ordered a mistrial Monday in the case brought by relatives of Guadalupe Vallesillo Jr. against Omaha Police Officers Alan Reyes and Brian Heath.
A coroner's report said Vallesillo, 20, died of an asthma attack while struggling with the officers in 1997. The family alleges the officers used excessive force and did not give Vallesillo the proper medication.
During jury selection Monday, a juror told Bataillon that her husband had been arrested in Mexico, and had been jailed wearing little or no clothing.
Bataillon responded that people traveling in Mexico should carry extra cash.
He later told the Omaha World-Herald that he was trying to make a joke about some Mexican officials' reputation for taking bribes. But the plaintiffs, who are Mexican-American, complained.
"The message telegraphed to the jury by a person of authority was: It is OK to apply a lesser standard to people of Mexican heritage," Vallesillo family attorney Dorothy A. Walker said.
Bataillon apologized.
"It was inappropriate in the context of this jury trial to say anything that could be disparaging to people of Mexican descent," Bataillon told the newspaper. "I apologize. It just wasn't very smart."
Assistant City Attorney Tom Mumgaard said the remark was innocuous and drew laughs in the courtroom.
A new trial date has not been set.
By Associated Press
Surprised!?!?
This has been going on in CA for at least the last twenty years. It's one of the reasons some voters have stopped going to the polls. "What's the point in voting for or against anything if the court is going overturn it anyway?"
The judiciary is out of control.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
I must agree with you. I see no other way around the courts. At times it is not even worth voting because a judge will just rule whatever you voted on as unconstitutional....
How much did he pay the Clinton's for that judgeship?
I just e-mailed my senators asking for this judge's impeachment. I suggest that everyone else do the same.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
I wouldn't count on that Backstabbing, "Judges are our Masters", Frist to propose doing anything. The threat of CWII gets closer and closer everyday it seems.
This is exactly the reason the dems are so crazy about the filibuster. They have made the judges and judiciary branch into the be-all,end-all of our legal system and stacked them with people who agree with the dems.
Its a disgusting power play by the minority to try and enforce their will on such a huge majority here, but it is entierly unsurprising.
Surprise, surprise - - this liberal activist judge is a Clinton appointee.
This scumbag Bataillon is corrupt to the core.
Ping to self for later pingout.
You are absolutely right - but I don't see it happening any time soon.
So much for Roe v Wade.
Since when is a vote of the people not considered the "ordinary political process?"
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
This guy is only making matters worse for the gays. It's going to throw kerosene on the fire. Those floozies are in trouble!!!
Someone 'splain it to me--it was a constitutional provision that he then called unconstitutional... how does that work?
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