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by Dave Bohon
In a decision that has intensified the call for a federal marriage amendment, on May 12th a federal judge struck down Nebraska’s constitutional amendment defining marriage as only between a man and a woman. It is the first time that a state marriage amendment has been overruled by a federal court. The Nebraska amendment, which came after grassroots activists collected over 100,000 signatures on a ballot petition, passed in 2000 with 70 percent voter approval. The amendment reads: “Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.” U.S. District Judge Joseph Bataillon ruled that the amendment violates the U.S. Constitution’s First Amendment right to petition the government and the 14th Amendment’s due process and equal protection clauses. In his ruling Bataillon wrote that the amendment was “directed at gay, lesbian, bisexual and transsexual people and is intended to prohibit their political ability to effectuate changes opposed by the majority.” Pro-family leaders have long warned about the inevitability of such a ruling, which could reach beyond Nebraska and impact the amendments now on the books in 17 other states. The decision, which came in response to a lawsuit filed by a coalition of homosexual and liberal activist groups, will be appealed and could ultimately be decided by the Supreme Court. Dr. James Dobson of Focus on the Family responded strongly to the ruling, saying in a statement, “Last year when the Marriage Protection Amendment [MPA] was being debated in the U.S. Senate, some senators — including Nebraska’s own Ben Nelson — used the excuse that the MPA was ‘not needed,’ and that the crucial matters MPA addresses could be handled at the state level. Apparently not.” Dobson said the Nebraska ruling is “dramatic evidence that this legal fig leaf is easily stripped away by judicial activism.” U.S. Senator John Cornyn (R-Texas), a supporter of the federal Marriage Protection Amendment, noted that “the traditional institution of marriage is clearly in need of federal protection, now more than ever.” He called the ruling a “vivid reminder that opponents of traditional marriage have not given up their effort to overturn the will of the people.” |
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Minnesota Family Council / Minnesota Family Institute 2855 Anthony Lane South, Minneapolis MN, 55418-3265 Phone 612.789.8811, FAX 612.789.8858, www.mfc.org |