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Nebraska Same-Sex Marriage Law Challenged In Federal Court
by 365Gay.com Newscenter Staff
April 30, 2003
6:39 p.m. ET/+5GMT/-3PT
(Lincoln, Nebraska) Calling Nebraska's ban on gay and lesbian marriage "Draconian" Lambda Legal and the American Civil Liberties Union today called on a federal court judge to declare the law unconstitutional and strike it down.
"The constitutional barrier .... is the only one of its kind in the nation," according to the lawsuit, which was filed in U.S. District Court in Lincoln. "No other state constitutionally prohibits state and local government officials from recognizing same-sex relationships in any way, including as domestic partnerships."
Thirty-four states have "Defense of Marriage" laws, but Nebraska's ban is the only one that precludes same-sex couples from enjoying any of the legal protections that heterosexual couples enjoy, the ACLU said.
The ban was passed by voters in November 2000 in a heavily debated election that received the second highest turnout in the state’s history. Promoted to voters simply as protection of traditional marriage, the law goes far beyond restricting the right to marry to heterosexual couples. The law specifically voids the uniting of two persons of the same sex in a “civil union, domestic partnership, or other similar same-sex relationship.”
It was spearheaded by the Nebraska Family Council and the Nebraska Coalition for the Protection of Marriage, co-chaired by former Republican Gov. Kay Orr. The coalition includes the Mormon church, the Nebraska Catholic Conference and Family First.
“This is by far the most extreme anti-gay family law in the country,” said David Buckel, senior staff attorney for Lambda Legal. “This law prevents gay couples from seeking even the most basic protections for their families – it blocks them out of the political process entirely.”
Lambda and the ACLU were joined in the lawsuit by Citizens for Equal Protection, Inc., and Nebraska Advocates for Justice and Equality.
"It singles out lesbian, gay and bisexual people," the lawsuit says. "While different-sex couples may seek and obtain legislation and government employment policies that protect their domestic partnerships, same-sex couples are prevented from doing so."
Among the examples listed by the ACLU of gay families hurt by the law are two long term couples.
Judy Gibson and Barbara DiBernard of Lincoln, who have been living together as a couple for over 14 years and have made commitments to care for one another for the rest of their lives. Judy suffers from a degenerative disease that requires her to use a wheelchair. Because of Nebraska’s law, Barbara, who works for the state university, does not have the option of obtaining coverage for Judy on her university health plan. Barbara is also prevented from advocating for a policy authorizing her to take time off from work to take Judy to her regular medical appointments.
Donna Colley and Margaux Town-Colley of Omaha have been in a committed, loving relationship for over six years and are the proud parents of an 18-month-old son. With a child’s needs to consider, the couple is especially concerned about what would happen if either partner dies or should become incapacitated. The law makes it impossible for the couple to seek legislation that would allow oner partner to designate the other as the person responsible for making emergency medical decision or funeral decisions.
Earlier this year, Senator Nancy Thompson introduced a bill that would give same-sex couples the right to make burial arrangements for their partners. In response, Attorney General Jon Bruning issued an opinion on March 10, stating that the bill was unconstitutional because of the law.
“The citizens of Nebraska were manipulated into believing this law was about protecting the institution of marriage, when in reality it was a carefully executed campaign of discrimination and hate,” said M.J. McBride, President of Citizens for Equal Protection. “Nebraska’s law is bad for families, bad for our state and plainly unconstitutional.”
©365Gay.com Ltd® 2003