ICYMI: Nebraska gay marriage ban lifted by judge, state appeals decision

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Yesterday, March 2, in a possibly historic ruling for the state of Nebraska, U.S. District Judge Joseph Bataillon struck down Section 29 of the Constitution of Nebraska. The constitutional amendment has outlawed same-sex marriages in Nebraska since its adoption in 2000.

In his injunction, Bataillon ordered state officials 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 order is set to take effect March 9 at 8 a.m., but it might be too early for same-sex couples and those in favor of the ruling to celebrate. Shortly after the ruling, Nebraska Attorney General Doug Peterson’s office filed for an appeal to the 8th Circuit Court of Appeals.

Furthermore, Peterson has requested an emergency stay to the order from the circuit appellate court. Ultimately, this could mean a long wait for same-sex couples, as the 8th Circuit Court of Appeals is a conservative appellate court and has, historically, reversed court rulings — including one of Bataillon’s own rulings that struck down the same Constitution of Nebraska amendment in 2005 — calling bans on same-sex marriages unconstitutional.

Currently, Nebraska is one of only 13 states where same-sex marriages are not legal (although it is one of eight in which bans that have been struck down are awaiting an appeals court decision).

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The U.S. Supreme Court is expected to make a ruling on same-sex marriage ban legality in June, which may come before the 8th Circuit Court of Appeals can make its decision.

But no matter what happens, gay marriage rights activists were pleased with Bataillon’s decision. Matt Gagne, one of the presidents of the Gay-Straight Alliance (GSA) Club at Westside, applauded the decision, and says he was “ecstatic” when he heard the news. Gagne added that he was happy with the response the decision elicited from Westside students.

“While there are obviously some people who don’t like the ruling, I’ve only had good experiences so far,” Gagne said. “On social media, I’ve seen nothing but positivity, and everyone I talked to during school today was happy about it as well.”

Along with Westside student responses, politicians like Westside alum and Congressman Brad Ashford chimed in. Shortly after the decision, Ashford released a statement applauding Bataillon’s order.

GSA meets on the first Tuesday of every month, so Gagne said they will discuss the lifting of the ban and possible related festivities today. Gagne is aware of the possibility of the ruling being reversed by the appeals court, though. He said it would be “extremely upsetting” if the decision were overturned.

For some, like Westside alum and Nebraska Governor Pete Ricketts, the possibility of the ruling being overturned brings hope. Ricketts, like Ashford, released a statement after the ruling, although Ricketts condemned the decision.  Joining Ricketts in denouncing Bataillon’s order were Nebraska’s three bishops and Nebraska citizens who oppose the legalization of gay marriage.

Westside senior Reece Watanabe, the president of the Fellowship of Christian Athlete’s Club (FCA), stands with Ricketts and Nebraska’s bishops in opposition to same-sex marriages. Regardless, he finds the appeal and fight against the ruling “futile.” He said the people of the United States have become increasingly supportive of the legalization of gay marriage, and doesn’t see a need to waste more time fighting against an “unavoidable” change. He said the nation has more pressing issues at hand.

“In my opinion, [Bataillon’s decision] was and is a step forward, even though I don’t support same-sex marriage,” Watanabe said.

For more information about the fight for same-sex marriage legalization, make sure to pick up a copy of the Lance this Friday. There will be an in-depth that focuses on lesbian, gay, bisexual, transgender and questioning (LGBTQ) issues.