U.S. Dictrict Court Judge Joseph Bataillon struck down Nebraska’s constitutional amendment banning same-sex marriage. Known as Initiative 416, the amendment passed in 2000 with 70-percent of the vote. The measure also prohibits civil unions. The judge’s decision appears to be based in an absolutely bizarre logic–that the constitutional amendment prevents homosexuals from going to the Nebraska legislature for legalization of same-sex unions and similar benefits. By defining equal protection in terms of equal access to the legislature–without regard to the right of the people to amend their state constitution–this judge apears to be following the lead of the U.S. Supreme Court in its Romer v. Evans decision. Once again, the need for a Federal Marriage Amendment has been made painfully clear. More later. For news coverage, see this story from The Associated Press.
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