From Deseret News archives:
Gay marriage ban struck down
Nebraska goes too far, judge says; Utah sure its law will stand
It was the first time a federal judge has overturned a state constitutional ban on same-sex marriage.
The Nebraska amendment, like Utah's, banned same-sex marriage and other domestic partnerships. The amendments, however, are worded differently.
U.S. District Judge Joseph Bataillon said the Nebraska ban "goes far beyond merely defining marriage as between a man and a woman."
The judge said it "imposes significant burdens on both the expressive and intimate associational rights" of gays "and creates a significant barrier to the plaintiffs' right to petition or to participate in the political process."
Forty states have Defense of Marriage laws, but Nebraska's was the only one that prevented homosexuals who work for the state or the University of Nebraska system from sharing health insurance and other benefits with their partners.
Bill Duncan, director of the Provo-based Marriage Law Foundation, called the decision "extremely broad" and "startling," but added that Utah's Amendment 3, which voters approved last November, was crafted to avoid being overly broad.
Dani Eyer, executive director of the Utah American Civil Liberties Union, said the Nebraska amendment "was the most extensive anti-gay-union law in the country. . . . It was designed to cut gay couples off from any sort of protection."
Nebraska has no state law against gay marriage, but state Attorney General Jon Bruning said same-sex marriages were not allowed before the ban and won't be permitted now.
Bruning said he will appeal the ruling.
The challenge was filed by the gay rights organization Lambda Legal and the ACLU's Lesbian and Gay Project.
In Utah, opponents of Amendment 3 had raised fears that the amendment would deny same-sex couples the right to petition their lawmakers for basic rights.
Attorney General Mark Shurtleff said in an Aug. 6, 2004, statement that its wording could strip away many fundamental rights for parents and their children in common-law marriages and other relationships during death, disability or breakups.
"It could forever deny a group of citizens the right to approach its legislature to seek benefits and protections," Shurtleff said in the statement.
Comments
- Start mammograms at 50, not 40 3:28 p.m.
- Pitta named semifinalist for award 3:11 p.m.
- Time Warner to spin off AOL 3:08 p.m.
- GMAC CEO steps down 3:07 p.m.
- Man arrested in '03 kidnapping 3:07 p.m.
- Tenn. loses 2 players to crime 2:48 p.m.
- Michigan didn't keep players logs 2:47 p.m.
- Barzee to plead guilty 2:47 p.m.
- Censors block call to free the Web 2:46 p.m.
- Vonage to settle investigation 2:43 p.m.
- MWC expand? Get rid of deadweight
- Relieved Cougs prep for Falcons
- Wounded Utes limp home
- Jazz rookies had to grow up quickly
- Big games keep UHSAA coffers full
- RSL surprised by Chicago's Fire
- Apostle's wife felt comfort in attack
- Jazz notes: Young bigs ride bench
- TCU stays 4th in AP; Y. 19th, U. 23rd
- Downtown S.L. thrived for a century
- TCU creams U.
233 - BYU happy to escape with victory
232 - Editorial: Mormons and gay rights
220 - Will state consider gay rights law?
157 - RSL heads to MLS title game
133 - Can BYU root for (ick) Utah Utes?
132 - Utes remain silent about BCS
120 - TCU stays 4th in AP; Y. 19th, U. 23rd
114 - Celtics crush Jazz
104 - MWC expand? Get rid of deadweight
104
The Gateway, 400 W. 200 South, will kick off the holiday shopping season...
How do you handle kids and contests? Our oldest daughter, 7, is of the...
Did anyone see in the paper how Insurance and Drug Companies (in the event of...
Another of my friends lost on this treacherous highway. R.I.P. Iris.
He couldn't do much worse than he did as OC for the Y. UNLV would be the...
Silly opinions? No proof? Say what???? Why don't you answer the questions I...
re: Cowboy Price will get the bench as the 3rd PG..not Maynor. Maynor...
Hey Alta fan, now you know how it feels to lose your best defensive player...
Who cares?
Hey Sam. I saw your movie. Loved it...
TDS = Touch-Down School so thank you yewties for referring to BYU as the TDS,...
Yaya hinds is great let's throw him a party. It's funny how when a school not...

You can be the first to comment on this story.