Neb. Same-Sex Wed Ban Nixed

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."

Nebraska has no state law against gay marriage.

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."

Forty states have Defense of Marriage laws, but Nebraska's ban is the only one that prevents homosexuals who work for the state or the University of Nebraska system from sharing health insurance and other benefits with their partners.

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.


By Kevin O'Hanlon