Federal judge rules gay marriage ban unconstitutional (Nebraska)

Omaha World Herald ^ | 5/12/05 | Todd Cooper

[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.

[wk4bush2004]

NO!!!!!! The people of Nebraska voted for this!

YOU LIBERAL TYRANT!!!!!!!!!!!!

THE PEOPLE VOTED!!!!!!!!!!

YOU CANNOT UNDERMINE THE WILL OF THE PEOPLE!!!!!!!!!!!!!

THIS JUDGE MUST BE IMPEACHED NOW!!!!!!!!!!!!!!!!!!!

[mikeus_maximus]

Here it comes, as predicted.

[princess leah]

Betcha he's a Clinton Nominee! We need a list of all the judges who've ruled "against the mainstream" on the liberal side and send it up to Washington to have made into a CHART for those damn senators!

[mlc9852]

I would love to read the actually ruling on this. Why don't we all just give up and tell the homosexuals that they win. Take over our schools and tell our kids homosexuality is wonderful and leads to a happy, fulfilling life. Let them get married and live happily ever after. We are wasting our time trying to fight. We are obviously losing.

[goldstategop]

Liberal federal judge just invalidated Nebraska's state constitutional ban on gay marriage. Expect the SCOTUS to invalidate ALL state constitutional bans on gay marriage. The federal judiciary is out of control. We need to abolish judicial review!

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[JZelle]

No surprise hear. That's what liberals do, sooner or later they find their judge.

[kcvl]

U.S. District Judge Joseph Bataillon was nominated to the bench in January of 1997 and confirmed by the Senate nearly 10 months later.

[B Knotts]

I predicted this long ago. The ONLY way to put a stop to this nonsense is through the ratification of a Federal Marriage Amendment.

Period.

[wk4bush2004]

Everyone e-mail their Senators now. Joseph Bataillon MUST BE IMPEACHED!!!! WE MUST NOT ALLOW THIS TYRANNY!!!!!!!!!!!

[Brilliant]

"U.S. District Judge Joseph Bataillon was nominated to the bench in January of 1997 and confirmed by the Senate nearly 10 months later."

Clinton appointee. Why am I not surprised?

[KC_Conspirator]

What did you predict?

[kcvl]

6/2/2003

U.S. District Judge Joseph Bataillon issued a midnight order temporarily restraining the U.S. Department of Agriculture from shutting down Nebraska Beef Company in Omaha for alleged violation of meat safety rules.

[Travis McGee]

All hail KING COURT!

[txkev]

The DemoRats pucker everytime this issue comes up. This is one they just can't win. The more it is in the news the better for the GOP.

[escapefromboston]

Question: If I was an employee of the State of Nebraska (a guy can dream can't he) could I share benefits with someone who was just a good friend?

[Borges]

We need to appoint better judges. Judicial Review is right out of the Federalist Papers.

[JoeV1]

I thought I read somewhere that if a State Constitution is amended the courts could not challenge. Something about States rights where the State Const is concerned.

Was I mistaken and can this be appealed to the USSC?

[KC_Conspirator]

Well, this could be the spark to get conservatives angry enough to stop the judicial madness and put and end to the judicial tyranny. This judge is a modern day Roland Freiseler.

[goldstategop]

Its not just gay marriage. This judge's ruling strengthen the case for a constitutional amendment abolishing judicial review. When a single judge takes it on himself to disregard the views of 70% of the voters in the American heartland, we are heading for a constitutional crisis. I stated yesterday my conviction judges have no business deciding questions of a social or political nature. Their only duty ought to be to see how the law is enforced and to punish offenders.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)