Monday, March 2, 2015

Nebraska's antigay AG, Don Peterson, files notice of appeal within minutes to stop decision overruling state's gay marriage ban

Nebraska Attorney General Don Peterson
Senior U.S. District Judge Joseph Bataillon, who in 2006 was the first Judge in the U.S. to strike down a gay marriage ban (Nebraska's, but he was overruled by the Eighth U.S. District Court of Appeals), has ruled the state's ban on same sex marriage unconstitutional, but has given the state a week to file an appeal. Attorney General Don Peterson asked him not to make his order immediate, to avoid what he called "chaos" and Bataillon complied.

Robynn Tysver writes in the Omaha World-Herald:

     Today’s decision means there is now a good chance Nebraska will be one of the last states in the nation to allow same-sex couples to wed.
     ...The 8th Circuit may fold the Nebraska case into a May 11 hearing on same-sex marriages scheduled to be heard in Omaha. Federal judges in three other states — Missouri, South Dakota and Arkansas — have all ruled their respective gay marriage bans unconstitutional. The 8th Circuit has consolidated those cases into one.
     In the end, it may all comes down to timing: will the 8th Circuit act before the U.S. Supreme Court settles the issue once and for all?
      Nebraska Attorney General Don Peterson has already filed a notice of appeal, even though Bataillon's ruling is minutes-old. Here it is.
     Judge Bataillon's order is here. His injunction is here.

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