This morning, March 2, 2015, federal Judge Joseph Batallion ruled to
stop enforcement of Nebraska’s same-sex marriage ban in the case of
Waters v. Ricketts, No. 8:14CV356, MEMORANDUM AND ORDER (D. Neb. March 2,
2015). The ruling is an “injunction.” Beginning March 9, Nebraska officials
cannot enforce Nebraska Constitution, article I, § 29, which says:
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.
This means that same-sex couples would be allowed to marry and
receive the same rights as other married couples in Nebraska. The Supreme
Court’s Windsor decision in 2013 granted federal rights to same-sex married
couples. This decision would extend state rights, as well.
Judge Batallion granted the injunction because he “is persuaded that
the Supreme Court will ultimately endorse…the results obtained
in…challenges to same sex marriage bans.” The decision states that the ban
serves as discrimination based on “gender,” calling the ban “an unabashedly
gender-specific infringement on the equal rights of [Nebraska] citizens.”
However, the State of Nebraska has appealed, meaning the decision is
suspended pending appeal. We likely will not have final answers for many
more months, if not years. However, this is substantial ruling which may
impact many issues facing schools. If you have questions, we recommend
that you consult with your school district’s attorney or call Karen, Steve or
Bobby.