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May 13, 2005

Activist judge overrules 70% of Nebraskans

From the Baptist Press:

In the first ruling of its kind a federal judge May 12 struck down Nebraska's constitutional marriage amendment, issuing a decision that is certain to intensify calls for an amendment to the U.S. Constitution.

The amendment, which Nebraska voters passed by a margin of 70-30 percent in 2000, protects the traditional definition of marriage by banning "gay marriage," civil unions and domestic partnerships. The ruling does not legalize "gay marriage" but does make Nebraska significantly more vulnerable to such a lawsuit.

U.S. District Judge Joseph Bataillon ruled that the amendment -- Section 29 in the Nebraska Constitution -- violates the U.S. Constitution's First Amendment right to petition the government and the Fourteenth Amendment's due process and equal protection clauses.

It is the first time a federal court has overturned a marriage amendment, which an additional 17 states have. The ruling is being appealed.

"The court finds that Section 29 is directed at gay, lesbian, bisexual and transsexual people and is intended to prohibit their political ability to effectuate changes opposed by the majority," Bataillon, who was nominated by President Clinton, wrote.

The lawsuit was filed by homosexual and liberal activist groups, including Lambda Legal and the American Civil Liberties Union of Nebraska.

This pretty much tells us that a Constitutional Amendment is the only way to bypass the attack on democracy by activist judges who are trying to take over the nation.

Coverage: Volokh Conspiracy (also here), Patterico, Hyscience

Posted by Danny Carlton at May 13, 2005 02:59 PM

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