Judge in Nebraska strikes down another same-sex marriage ban | Arkansas Blog

Monday, March 2, 2015

Judge in Nebraska strikes down another same-sex marriage ban

Posted By on Mon, Mar 2, 2015 at 9:25 AM

A federal judge in Nebraska has struck down that state's same-sex marriage ban effective next Monday.

This is in the 8th U.S. Circuit Court of Appeals with Arkansas. It is also a state where a case over the ban — though it was decided largely on procedural grounds — many years ago resulted in upholding of the ban. Dozens of decisions since then, led by a U.S. Supreme Court precedent, have altered the landscape on marriage equality considerably.

From an account of Judge Joseph Bataillon's decision:

"It is time to bring this unequal provision to an end," saying that the state's voter-passed banned on gay marriage, "is an unabashedly gender-specific infringement of the equal rights of its citizens."

He goes on to write, "With the advent of modern science and modern adoption laws, same sex couples can and do responsibly raise children. Unfortunately, this law inhibits their commendable efforts."

Hundreds of couples in Arkansas — already married or hoping to marry — await news from federal courts and the Arkansas Supreme Court on whether equality will reach them, too.

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