Monday, June 16, 2014

Nebraska Supreme Court dismisses appeal for same sex divorce without ruling on state constitution's gay marriage ban

Nebraska's Supreme Court dismissed Bonnie Nichols' appeal Friday to divorce the female spouse she married in Iowa by saying it didn't have jurisdiction and therefore could not address the constitutional arguments raised about same-sex marriage and divorce in Nebraska because Nichols had appealed from a conditional order and not a final judgment.

     The Lancaster County judge had issued an order giving Bonnie Nichols 15 days to file an amended complaint to pursue a different legal theory to try to dissolve her union to Margie Nichols. The order said that if she did not, the case would be dismissed with prejudice, meaning it can't be refiled. Bonnie Nichols did not file an amended complaint and instead appealed.
     The trial judge has already contacted lawyers in the case to possibly discuss entering a final order that Bonnie Nichols can appeal, Mikolajczyk said.
     "We plan to keep moving forward," she said. "I don't think this is the end by any means."

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