Federal judge
strikes down Nebraska marriage ban

Nebraska's constitutional ban on same-sex marriage was struck down Thursday by a federal judge who ruled that the measure interferes with the rights of gay couples and people in a host of other living arrangements, including foster parents and adopted children. The constitutional amendment, which defined marriage as a union between a man and a woman, was passed overwhelmingly by state voters in November 2000. U.S. district judge Joseph Bataillon ruled Thursday that 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 "goes far beyond merely defining marriage as between a man and a woman." State attorney general Jon Bruning said he would appeal the ruling. 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 banning 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 barred from sharing health insurance and other benefits with their partners. Nebraska has no state law against same-sex marriage, but Bruning said same-sex marriages were not allowed before the ban and would not be permitted now. "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," he said. The challenge was filed by the gay rights organization Lambda Legal and the American Civil Liberties Union's Lesbian and Gay Project. Lambda 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 U.S. Constitutional amendment defining marriage as the union of one a man and one woman. (AP)