Federal court issues injunction to lift Nebraska's same-sex marriage ban
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A Nebraska federal judge issued an injunction on Monday that ordered the state to give same-sex couples marriage licenses. The preliminary order goes against a state constitutional amendment that defines marriage as only being between a man and a woman. The state’s attorney general has filed notice of interlocutory appeal with the 8th U.S. Circuit Court of Appeals.
The order is scheduled to go into effect on March 9, Reuters reports. U.S. District Judge Joseph Bataillon denied the state’s request for a stay.
“It is ordered that all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage,” the injunction (PDF) reads.
The state’s marriage amendment was approved by voters in 2000, according to Reuters, and it does not recognize same-sex domestic partnerships or civil unions.
According to KETV, Nebraska Governor Pete Ricketts stated on Monday that the definition of marriage is an issue for Nebraska residents, and “an activist judge should not substitute his personal political preferences for the will of the people.”
The ACLU of Nebraska, which filed the lawsuit, also issued a statement about the injunction.
“Today, Nebraska’s motto of ‘equality before the law’ rings true for gay and lesbian Nebraskans who seek to have their marriages recognized or who seek the freedom to marry right here in our great state,” said Danielle Conrad, the office’s executive director.
