Karen Haase khaase@ksbschoollaw.com @KarenHaase
Steve Williams swilliams@ksbschoollaw.com @SteveisEsteban
Bobby Truhe btruhe@ksbschoollaw.com @btruhe
Nebraska Federal Court Strikes Down Same-Sex Marriage Ban 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 samesex 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 genderspecific 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.
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