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March 2, 2015 2:56 PM   Subscribe

In Nebraska, U.S. District Judge Joseph Bataillon has struck down the state's anti-SSM laws as unconstitutional. He has issued an injunction allowing the state until March 9th to appeal.
posted by feckless fecal fear mongering (28 comments total) 8 users marked this as a favorite
 
Which, alas, the state intends to.

Equality before the law indeed.
posted by maxsparber at 2:59 PM on March 2, 2015


The women are seeking recognition of their 2008 California marriage, to prevent the surviving spouse from having to pay inheritance taxes on the home they own together and possibly being denied Social Security survivor benefits.

I cannot imagine having to engage in these shenanigans at the end of my life when I should be worried about other things like, oh, spending time with my wife. (Actually, I can, but I just hope things go right this summer and I won't have to. Please, please, please.)

Good luck to them; I hope this ends in their favor.
posted by joycehealy at 3:08 PM on March 2, 2015 [2 favorites]


"It's Mary Jane versus Mr. and Mr. Wedded Bliss coming down the stretch! Mary Jane getting a slight advantage from recent publicity, but Mr & Mr Wedded Bliss is pulling ahead! This will be a close finish indeed!"
posted by glaucon at 3:08 PM on March 2, 2015


At this point, the race is to see which state will be the last to believe marriage equality.
posted by Brandon Blatcher at 3:15 PM on March 2, 2015 [2 favorites]


I'm was going to wait until people start being able to actually have same sex marriages in Nebraska before I come in making my lame joke about how you can trust Nebraska to leave out the bi...


cameral legislature.

But I couldn't help myself
posted by MCMikeNamara at 3:15 PM on March 2, 2015 [3 favorites]


> "At this point, the race is to see which state will be the last to believe marriage equality."

I'm starting to wonder if federal troops are going to have to be sent to Alabama again.
posted by kyrademon at 3:35 PM on March 2, 2015 [2 favorites]


So, the judge says that the law is unconstitutional because it is sex-based and discriminatory. In other words, unfair because it treats some people differently than others.

Republican governor's response:
"The definition of marriage is an issue for the people of Nebraska, and an activist judge should not substitute his personal political preferences for the will of the people."

The cognitive dissonance, it burns. Do Republicans even listen to what comes out of their mouths, anymore?
posted by Benny Andajetz at 3:36 PM on March 2, 2015 [6 favorites]


Do Republicans even listen to what comes out of their mouths, anymore?

Would you, if you felt compelled by your constituency to say such dumb stuff?
posted by 1adam12 at 3:49 PM on March 2, 2015 [1 favorite]


I have a family and sentimental attachment to Nebraska, so I'm glad to see any movement on this issue there. I'm guessing they don't have elected judges there, do they?
posted by benito.strauss at 4:31 PM on March 2, 2015


Bataillon is a Federal judge appointed by Clinton.
posted by feckless fecal fear mongering at 4:43 PM on March 2, 2015


[A few comments deleted. As always, metadiscussion doesn't belong on the blue. This post stayed even though it's thin because it seemed to have juuust barely enough meat with the quotes from the ruling; a thicker post would be better, but twas a borderline call, sometimes these things break one way and sometimes the other.]
posted by LobsterMitten (staff) at 4:44 PM on March 2, 2015


> At this point, the race is to see which state will be the last to believe marriage equality.

I think it's even money on the Supreme Court and one of the states in local litigation being the last one to make a ruling.

> I'm starting to wonder if federal troops are going to have to be sent to Alabama again.

47 of the state's 67 counties were issuing marriage licenses to same-sex couples, so it's not all of Alabama that's fighting the losing fight.
posted by filthy light thief at 5:49 PM on March 2, 2015


I'm guessing they don't have elected judges there, do they?

This is federal level, appointed by the president du jour.
posted by dirigibleman at 6:11 PM on March 2, 2015 [1 favorite]


38/50. leaving us the dirty dozen...
posted by bowmaniac at 7:09 PM on March 2, 2015


Can I tell you how baffled I am that Nebraska got there before Ohio?

June can't get here fast enough.
posted by MissySedai at 9:24 PM on March 2, 2015 [1 favorite]


I'm starting to wonder if federal troops are going to have to be sent to Alabama again.

Unfortunately, marching troops anywhere would play right into the various paranoid Doomsday scenarios so many Teahadists and Beckistanians have about teh evil Federal government. So, that's probably off the table.
posted by Thorzdad at 5:07 AM on March 3, 2015


Gov Pete Ricketts:
“Today, a judge took steps to overturn a constitutional amendment approved by 70% of Nebraskans that defines marriage as between one man and one woman,”

Ok, we know what he is trying to say, but it is worth being pedantic in this case I think. Because what he is trying to say is the majority of Nebraskans voted for this ban (in 2000).

Yet... taking a quick peek at the 2000 election numbers and the 2000 census actual kills this.
2000 NB:
Census: 1,711,263
Registered Voters: 1,085,217
Voter turnout: 707,223

So: ~70% of the voter turn out to pass this ban actually equals less than half of the registered voters - you can truthfully say 46% of the registered voters voted for this... a minority. And "70% of Nebraskans" as Pete says? Well actually, less than a third, ~29%. So even if you want to go down the slimy slope of "THE WILL OF THE PEOPLE", it's pretty tissue thin. Less than a third of the population of a state gets to determine who has marriage rights.

70% my ass.
posted by edgeways at 10:28 AM on March 3, 2015 [1 favorite]




A majority of Nebraskans, 54%, support some form of legal recognition for same-sex couples, with 32% saying they support marriage and an additional 22% saying they support civil union. (The Omaha World-Herald Poll, October 2012)
posted by maxsparber at 6:58 PM on March 3, 2015


Alabama Supreme Court orders probate judges to stop issuing marriage licenses to gay couples

What the actual fuck? Are they just saying "Well, nah, fuck that whole Constitution thing"?
posted by feckless fecal fear mongering at 7:21 PM on March 3, 2015


Well, 6 of the 7 are convinced that they have a law that trumps the Constitution, so . . . yeah.
posted by Seamus at 8:07 PM on March 3, 2015


Some men just want to watch the world burn stand in the schoolhouse door.
posted by The Confessor at 3:34 AM on March 4, 2015 [1 favorite]


Well, 6 of the 7 are convinced that they have a law that trumps the Constitution, so . . . yeah.

Actually, all 7 do. Roy Moore recused himself.
posted by dirigibleman at 7:44 AM on March 4, 2015




Alabama Supreme Court orders probate judges to stop issuing marriage licenses to gay couples

Send in the troops.
posted by a lungful of dragon at 8:25 AM on March 4, 2015 [1 favorite]


I just heard on NPR that at least one county in Alabama has stopped issuing all marriage licenses, same-sex or opposite sex.
posted by Thorzdad at 8:31 AM on March 4, 2015


Since Alabama seems intent on not being part of this country I'm just fine with the Federal Govt. cutting of all funding to Alabama, effective immediately.
posted by COD at 9:25 AM on March 4, 2015 [2 favorites]


Darn. It's not a surprise, but the Eighth circuit blocked Judge Batillon's ruling. The Nebraska case has apparently now been joined with the other cases in the circuit, which will have a hearing in May.

The state's request for the injunction is just sickening to read, the worst part being that in order to claim that no one will be irreprably harmed by the injunction, they basically said "we don't care that one plantiff has terminal cancer, since the fact wasn't correctly argued in the courtroom".
posted by jepler at 4:57 PM on March 5, 2015


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