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News Archive For November 2003

Judge Will Not Throw Out Same-Sex Case
Posted: Friday, November 21, 2003   [EDIT]
A federal judge denied Nebraska's motion to dismiss a lawsuit against the state's same-sex unions ban.

U.S. District Judge Joseph E. Bataillon rejected the state's contention that the plaintiffs lacked standing to bring the lawsuit.

Bataillon said the constitutional rights groups that filed the lawsuit might be unable to lobby on behalf of gay couples because of the law. He also said the law appeared to go beyond its stated purpose.

Initiative 416, approved in 2000 by 70 percent of Nebraska voters, declared legal marriage to be those unions between only men and women.

Nebraska American Civil Liberties Union, Citizens for Equal Protection and Nebraska Advocates for Justice and Equality sued the state over the law in April.

The state filed its motion to dismiss the case in September, arguing the plaintiffs lacked standing and that the federal court should not interfere in the democratic process.

"The plaintiffs do have a right to obtain recognition of same-sex relationships through a constitutional amendment," the Nebraska Attorney General's Office said in its motion. "That political avenue is wide open."

The lawsuit will likely be heard in early 2004.