The fight for equality continues

Lift on same-sex marriage ban halted—decision still to be made

Dirk Schnoes, Staff Writer

My hopes have been dashed yet again.

Earlier this month, many of us saw the shares and posts on Facebook, Twitter, Tumblr and just about every other social media site about marriage equality coming to Nebraska by March 9.

This would mark a huge success for the LGBT+ community, as Nebraska initially banned same-sex marriage back in 2000, an amendment that passed with seven of ten votes.

Unfortunately, the 8th U.S. Circuit Court of Appeals put a stay on District Judge Joseph Bataillon’s ruling to strike down the ban on same-sex marriage—Bataillon previously tried to overturn the ban in 2005.

His more recent ruling would have made Nebraska the 38th state to legalize same-sex marriage.

Based on a vote from 2006, however, the Court of Appeals has halted the change in marriage laws.

There are to be oral arguments made on the issue, scheduled for May 12, which will determine the outcome.

For now, Article I-29 of the Nebraska State Constitution reads: “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.”

Meanwhile, I’ll sit here with bated breath and move to Minnesota (where same-sex marriage is already legal) before Nebraska has managed to make up its mind.

I was so excited to think I’d be able to come back to my home state if I ever decide to get married, but I guess a bunch of old white guys are trapped by the idea that Nebraska doesn’t want equality.

Come on, guys!

That vote was seven years ago! Me and my fellows want to be able to give you the bird while we say our “I do’s!”

The 8th Circuit’s interference with Bataillon’s ruling is a simple matter of the older generation clinging to the past—a poll in 2012 revealed that 54 percent of participants approved of same-sex marriage and civil unions.

Clearly, the public’s opinion on marriage equality has shifted, and the Circuit just isn’t keeping up.

Luckily for me and my fellow members of the LGBT+ community, marriage equality has also made it to the courts on a larger scale.

By the end of June, the Supreme Court is expected to have made a federal ruling on the constitutionality of the ban on same-sex marriage.