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U.S. Judge Rejects Neb. Gay-Marriage Ban
Yahoo News ^ | 05/12/2005 | KEVIN O'HANLON

Posted on 05/12/2005 7:55:59 PM PDT by Extremely Extreme Extremist

LINCOLN, Neb. - A federal judge Thursday struck down Nebraska's ban on gay marriage, saying the measure interferes not only with the rights of gay couples but also with those of foster parents, adopted children and people in a host of other living arrangements.

The constitutional amendment, which defined marriage as a union between a man and a woman, was passed overwhelmingly by the voters in November 2000.

U.S. District Judge Joseph Bataillon said the ban "imposes significant burdens on both the expressive and intimate associational rights" of gays "and creates a significant barrier to the plaintiffs' right to petition or to participate in the political process."

Bataillon said the ban beyond "goes far beyond merely defining marriage as between a man and a woman."

The judge said the "broad proscriptions could also interfere with or prevent arrangements between potential adoptive or foster parents and children, related persons living together, and people sharing custody of children as well as gay individuals."

Forty states have laws barring same-sex marriages, but Nebraska's ban went further, 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.

Nebraska has no state law against gay marriage, but state Attorney General Jon Bruning said same-sex marriages were not allowed before the ban and would not be permitted now.

Bruning said he will appeal the 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.

The challenge was filed by the gay rights organization Lambda Legal and the ACLU's Lesbian and Gay Project.

Lamba Legal attorney David Buckel has called the ban "the most extreme anti-gay family law in the entire nation."

Carla Petersen, a member of Metropolitan Community Church in Omaha, which advocates for gay rights, hailed the ruling.

"Every step is a good step," Petersen said. "It really will get the ball rolling again."

The ruling did not surprise the executive director of the Nebraska Family Council, which led the petition drive to get the ban on the ballot. Al Riskowski said the decision will renew the call to pass a constitutional amendment defining marriage as only between a man and a woman.

Massachusetts has allowed gay marriage since last May. Vermont has offered civil unions to gays since 2000; Connecticut will begin offering civil unions in October.


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Nebraska
KEYWORDS: clintonappointee; homosexualagenda; josephbataillon; judicialactivism; legislatebench; marriageamendment; samesexmarriage
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Judges are out of control.
1 posted on 05/12/2005 7:55:59 PM PDT by Extremely Extreme Extremist
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To: Extremely Extreme Extremist
YEP, HE'S A CLINTON APPOINTEE
2 posted on 05/12/2005 7:57:08 PM PDT by Extremely Extreme Extremist (Harmful Or Fatal If Swallowed)
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To: Extremely Extreme Extremist
one word..... Impeach
3 posted on 05/12/2005 7:58:20 PM PDT by Founding Father (A proud "vigilante." My money goes to support Minutemen, not Republicans.)
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To: Extremely Extreme Extremist
The challenge was filed by the gay rights organization Lambda Legal and the ACLU's Lesbian and Gay Project."

The ACLU again.

4 posted on 05/12/2005 7:58:44 PM PDT by Brilliant
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To: Extremely Extreme Extremist

Hideous law, hideous decision. Just my opinion.


5 posted on 05/12/2005 7:59:07 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Extremely Extreme Extremist

all the left has to do to overturn any law or voter proposition they don't like - is simply find a compliant judge to do what they want. the rule of the judiciary is no different then the rule of a monarchy.

yet our party refuses to speak on this, for fear of "demonizing the judiciary". that's exactly what we need to do.


6 posted on 05/12/2005 8:01:13 PM PDT by oceanview
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To: Extremely Extreme Extremist
Eugene Volokh has already written this decision will not survive appeal. Its not a direct progeny of Lawrence but drawn upon Romer. A state definitely has the right in its laws to proscribe or allow social conduct appropriate to the benefit of society. Such differentiation has never been found unconstitutional before. (Provided, such classification serves a compelling state interest, as society's interest in the institution of marriage does.) And above all, the courts have a manifest duty to interpret the law in accordance with the intent of the voters to give effect to its purposes. Judge Bataillon did not do so and that's why a federal appeal court will reinstate the Nebraska state constitutional amendment - or failing that - the U.S Supreme Court will.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
7 posted on 05/12/2005 8:01:36 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Extremely Extreme Extremist
"Lamba Legal attorney David Buckel has called the ban "the most extreme anti-gay family law in the entire nation.""

Homosexuality is an extreme behavior.
8 posted on 05/12/2005 8:02:24 PM PDT by Texas_Jarhead (To hell with Mexico, its policies, and its leaders)
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To: Extremely Extreme Extremist

I want to know this judge's religion. If he's Catholic, Rome should be notified immediately.


9 posted on 05/12/2005 8:03:44 PM PDT by Windcatcher
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To: Extremely Extreme Extremist

Once again, an activist judge raises up his middle finger to the will of the people. So much for the Constitution.

Will we be hearing the newly minted Democrat "federalists" complaining that this judge overstepped his bounds and should have upheld the decision of the people of Nebraska?

One federal court judge cancels out the political voice of millions.


10 posted on 05/12/2005 8:03:50 PM PDT by MisterRepublican
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To: Texas_Jarhead
Agreed. Reasonable minds can differ as to the definition of family but it takes a spectacular leap of judicial hubris to label most of a state's voters as motivated solely by homophobia or bigotry against gay people.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
11 posted on 05/12/2005 8:04:25 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: MisterRepublican
Its not over yet. This decision will be appealed and it'll be overturned. Its another example of the Left overreaching.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
12 posted on 05/12/2005 8:05:40 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Founding Father

Two more words: Nuclear Option


13 posted on 05/12/2005 8:10:18 PM PDT by alancarp (When does it cease to be "Freedom of the Press" and become outright SEDITION?)
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To: Extremely Extreme Extremist

So much for the system.


14 posted on 05/12/2005 8:10:36 PM PDT by satchmodog9 (Murder and weather are our only news)
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To: Extremely Extreme Extremist

Oh, by the way, what was the judge's rationale for overturning this law? Was it that the Constitution is un-Constitutional???


15 posted on 05/12/2005 8:11:55 PM PDT by alancarp (When does it cease to be "Freedom of the Press" and become outright SEDITION?)
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To: goldstategop

We can certainly hope.


16 posted on 05/12/2005 8:15:52 PM PDT by MisterRepublican
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To: Siobhan; Canticle_of_Deborah; broadsword; NYer; Salvation; sandyeggo; american colleen; ...
Catholic ping! The federal judiciary strikes again!

A federal judge Thursday struck down Nebraska's ban on gay marriage, saying the measure interferes not only with the rights of gay couples but also with those of foster parents, adopted children and people in a host of other living arrangements.

17 posted on 05/12/2005 8:18:28 PM PDT by Pyro7480 ("All my own perception of beauty both in majesty and simplicity is founded upon Our Lady." - Tolkien)
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To: Texas_Jarhead
Gee wasn't that the fraternity that the geeks in revenge of the nerds belonged to lamba pi something or other.

I see the charlies are out in full force, reference to a a Dean ING short story for those of you interested.

18 posted on 05/12/2005 8:19:20 PM PDT by dts32041 (Two words that shouldn't be used in the same sentence Grizzly bear and violate.)
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To: DirtyHarryY2K; Coleus

Ping!


19 posted on 05/12/2005 8:20:12 PM PDT by Pyro7480 ("All my own perception of beauty both in majesty and simplicity is founded upon Our Lady." - Tolkien)
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To: Torie
Hideous law

?

20 posted on 05/12/2005 8:20:15 PM PDT by Archon of the East ("universal executive power of the law of nature")
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