Federal judge sinks Nebraska's marriage law
A federal judge in Nebraska overturned the state’s voter-approved marriage laws today, giving the attorney general a week to appeal the decision before it goes into effect.
U.S. District Judge Joseph Bataillon ordered the state to stop enforcing laws that define marriage as between one man and one woman while a suit filed by seven same-sex couples makes its way through the courts. The law, approved by 70 percent of voters in 2000, also prohibits civil unions and legalized domestic partnerships.
This is the second time Bataillon has tried to overturn the law. He struck it down in 2005, claiming it was unconstitutional. The 8th U.S. Circuit Court of Appeals overturned that ruling in 2006.
The appeals court will get a chance to consider the case again when the state files its appeal. The U.S. Supreme Court will hear arguments in several other similar cases later this year. It will issue the final opinion on the constitutionality of traditional marriage laws in June.
The Associated Press contributed to this report.
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