Two Victories for
Supporters of Gay Marriage Ban
By AP from the
NYTimes on the Web, July 14, 2006
LINCOLN, Neb. -- Supporters of
banning gay marriage won two major court rulings Friday, with a federal appeals
court reinstating Nebraska's voter-approved ban on same-sex marriage and the
Tennessee Supreme Court dismissing an effort to keep a proposed ban off the
November ballot.
Last week, the highest courts in two others states also dealt gay rights
advocates setbacks. The New York court rejected a bid by same-sex couples
to win marriage rights, and the Georgia court reinstated a constitutional
amendment banning gay marriage there.
In the Nebraska case, the 8th U.S. Circuit Court of Appeals overturned a judge's
ruling last year that the ban was too broad and deprived gays and lesbians of
participation in the political process, among other things.
The amendment ''and other laws limiting the state-recognized institution of
marriage to heterosexual couples are rationally related to legitimate state
interests and therefore do not violate the Constitution of the United States,''
the appeals court ruled.
Seventy percent of Nebraska voters had approved the ban in 2000.
The Nebraska amendment went farther than similar bans in many states in that it
also barred same-sex couples from many legal protections afforded to
heterosexual couples. For example the partners of gays and lesbians who
work for the state are not entitled to share their health insurance and other
benefits.
New York-based Lambda and the ACLU's Lesbian and Gay Project sued, arguing it
violated gay rights.
Attorney General Jon Bruning countered that no one's freedom of expression or
association was violated. Opponents ''are free to gather, express
themselves, lobby, and generally participate in the political process however
they see fit,'' Bruning said. ''Plaintiffs are free to petition state
senators to place a constitutional amendment on the ballot. Plaintiffs are
similarly free to begin an initiative process to place a constitutional
amendment on the ballot, just as supporters ... did.''
Forty-five states have specifically barred same-sex marriage through statutes or
constitutional amendments.
Massachusetts is the only state that allows gay marriage, acquired through a
court ruling, although Vermont and Connecticut allow same-sex civil unions that
confer the same legal rights as heterosexual married couples.
In the Tennessee case, the American Civil Liberties Union had filed a lawsuit
charging that the state failed to meet its own notification requirements for the
ballot measure asking voters to ban gay marriage.
The high court ruled unanimously Friday that the ACLU didn't have standing to
file the suit and dismissed it.
Tennessee already has a law banning gay marriage, but lawmakers who supported
the proposed amendment said they wanted a backup in case the law was overturned.
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