Posted on 06/10/2005 6:19:10 AM PDT by QwertyKPH
A month after a judge ruled the states ban on same-sex marriage unconstitutional, Nebraskas attorney general seeks to defend and reinstate the law to protect traditional marriage.
Nebraska voters passed a state constitutional amendment in 2000 defining marriage as the union between one man and one woman. The amendment went further to prohibit other unions and certain legal rights, such as shared health benefits, for same-sex couples.
On May 12, Federal District Court Judge Joseph Bataillon struck down Nebraskas marriage amendment, ruling that it violated the First Amendment by hindering the rights of same-sex couples to take part in political processes.
The court decision stated, Any blanket prohibition on any type of legal recognition of a same-sex relationship not only denies the benefits of favorable legislation to these groups, it prohibits them from even asking for such benefits.
Without the marriage amendment, Nebraska does not have any other laws that prohibit same-sex marriage in the state. Attorney General Jon Bruning filed an appeal on Thursday, challenging Bataillons ruling.
Bruning gave a brief statement pledging to defend the rights of the states citizens who voted for the marriage amendment. No date has been set yet, but the case will be heard before the 8th U.S. Circuit Court of Appeals in St. Louis.
Earlier this month, California Attorney General Bill Lockyer filed an appeal on a San Francisco judges ruling that declared the states ban on same-sex marriage unconstitutional. The ruling has been stayed during the appeals process.
Be Polite!
later pingout.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
"Judge Joseph Bataillon Joins Judicial Dictatorship...
Clinton appointee U.S. District Judge Joseph Bataillon has joined his activist judicial brethren by striking down the law against gay marriage, passed by Nebraska voters. Bataillon found a portion of the law, which stated a ban on civil unions, unconstitutional. Bataillon said that the ban on gay marriage imposes significant burdens on both the expressive and intimate associational rights and creates a significant barrier to the plaintiffs right to petition or to participate in the political process. Note: I have no idea how the ban on gay marriage, as Judge Bataillon stated, creates a significant barrier to the plaintiffs right to petition or to participate in the political process. One has to be married to have a right to petition and participate in the political process? Is he saying that single people no longer have any rights? That doesnt make any sense. When he wrote his ruling was Judge Bataillon smoking some funny cigarette? "
Gee, who would have thought? A Clinton appointee?
WHo appointed the idiot activist Judge?
Ah ... answered my question ...
of *course* it's a "Clinton appointee"
Homosexual Agenda Pingaloo.
A little homework for those so inclined. As the comment says, be polite.
Nebraskans deserve better than this.
Freepmail me if you want on/off this pinglist.
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