Fed. judge overturns Neb. marriage amend.; pro-family leaders call for federal solution
May 12, 2005
By Michael Foust
Editor's note: This story will be updated Friday.
LINCOLN, Neb. (BP)--In the first ruling of its kind a federal judge May 12 struck down Nebraska's constitutional marriage amendment, issuing a decision that is certain to intensify calls for an amendment to the U.S. Constitution.
The amendment, which Nebraska voters passed by a margin of 70-30 percent in 2000, protects the traditional definition of marriage by banning "gay marriage," civil unions and domestic partnerships. The ruling does not legalize "gay marriage" but does make Nebraska significantly more vulnerable to such a lawsuit.
U.S. District Judge Joseph Bataillon ruled that the amendment -- Section 29 in the Nebraska Constitution -- violates the U.S. Constitution's First Amendment right to petition the government and the Fourteenth Amendment's due process and equal protection clauses.
It is the first time a federal court has overturned a marriage amendment, which an additional 17 states have. The ruling is being appealed.
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