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News: Judge Rules Nebraska’s Marriage Amendment Unconstitutional |
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Elizabeth writes "A federal district court judge struck down Nebraska’s marriage amendment on Thursday - ruling that the amendment was unconstitutional. Pro-family groups say this decision will spur the movement for a federal marriage amendment.
Nebraska voters passed a state constitutional amendment in 2000, defining marriage as the union between one man and one woman. The amendment also prohibited other same-sex unions, including civil unions and domestic partnerships.
Judge Joseph Bataillon ruled that the amendment violated the First Amendment, because it prohibits the formation of groups or associations to lobby for same-sex constituents.
“Any blanket 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,” stated the court decision.
The amendment also violated the Federal Guarantees of Equal Protection, said the court. The court stated that same-sex couples suffered unconstitutional punishment by Nebraska voters when they passed the amendment.
Gay-rights activist groups, represented by the American Civil Liberties Union in the case, expect the state to appeal the ruling.
Mathew D. Staver, President and General Counsel of Liberty Counsel, a pro-family group, stated that this ruling will push the need for a federal marriage amendment.
“A single judge has overturned the vote of the people in Nebraska, essentially holding that any amendment that seeks to do anything more than define marriage as the union of a man and a woman is unconstitutional,” commented Staver.
“This decision is the catalyst the United States Congress was looking for as an example of why this country needs a federal marriage amendment,” said Staver. “Since some of our judges do not understand common sense, it’s time for the people to spell it out in our United States Constitution – marriage is the union of only one man and one woman.”
Currently, 18 states have incorporated a marriage amendment into their state constitutions. Marriage amendments are pending approval in several states throughout the nation. "
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Posted on Saturday, May 14 @ 21:17:23 MDT by ArCh_AnGeL
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