Judge strikes down Nebraska's ban on gay marriage

CHICAGO (AFP) - A federal judge struck down Nebraska's ban on gay marriage, deeming it unconstitutional and an infringement on equal protection rights.

While 44 states have laws that either ban gay marriage or define marriage as only possible between a man and a woman, none are as broad as the constitutional amendment the Midwestern state of Nebraska passed in December 2000, US District Judge Joseph Bataillon said in his ruling Thursday.

Not only does the amendment prohibit same-sex marriage, it also denies any type of legal recognition to same-sex couples, including shared health benefits.

"There are or may be legitimate reasons, consistent with the goals of promoting stable family relationships and protecting children, for extending some rights or obligations traditionally linked to marriage to other relationships," Bataillon wrote.

"A blanket prospective prohibition on any type of legal recognition of a same-sex relationship not only denies the benefits of favorable legislation to these groups, it prohibits them from even asking for such benefits."

Attorney General Jon Bruning said he would appeal the decision.

"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 in a statement.

The ruling was applauded by gay rights activists.

"The judge was clear that states can't enact amendments that bar gay people from the democratic process," said Amy Miller of the American Civil Liberties Union of Nebraska. "Committed same-sex couples need the same protections for their families that married couples enjoy." (SOURCE)