Last week, the
Omaha World-Herald, then the
Lincoln Journal-Star published leaked accounts of a forwarded email disclosing that the ACLU would file a lawsuit challenging the state's
constitutional ban on gay marriage (Initiative 416), one of the
strictest in the nation,
passed in 2000.
This morning, in a conference room opposite the snowy courtyard of the Magnolia Hotel in downtown Omaha, the Nebraska ACLU announced that it, the American Civil Liberties Union and the law firm of Koenig | Dunne have sued Gov. Heineman over the state ban.
Nebraska had been the only state within the 8th U.S. Circuit Court
of Appeals district without a federal challenge to a law banning same
sex marriage.
Nebraska's GOP Governor-elect, TD Ameritrade scion Pete Ricketts, has already vowed to fight
challenges to the state's ban. So has the state's current GOP governor, Dave Heineman, who, in respect of his unrelenting hostility to LGBTs, is quite a piece of work.
From the
press release:
November 17, 2014
OMAHA, Neb. – The American Civil Liberties Union, the ACLU of
Nebraska and the law firm of Koenig | Dunne filed a lawsuit in federal
court today on behalf of seven couples who seek state recognition of
their marriages or who seek the freedom to marry in Nebraska.
“Today is an exciting day for all Nebraskans because freedom means
freedom for everyone. The couples we represent in this historic case are
all tax paying citizens who are active in their communities and who are
contributing positively to our economy. These families have served our
country, are successful in their professions, and are parents raising
children. The couples we represent seek nothing more and nothing less
than the freedom to marry who they love. Nebraska has waited long enough
it is time for the Cornhusker state to extend the freedom to marry to
all its citizens,” said ACLU of Nebraska Executive Director Danielle
Conrad.
The plaintiffs include Susan and
Sally Waters of Omaha who have been together for seventeen years.
In
January 2013, Sally was diagnosed with breast cancer which has
progressed to stage four and is considered terminal.
“We have said publicly before God, our family and our friends that we
love each other and are committed to one another and our children,”
said Sally Waters, “At this moment, I want to spend time loving my
children and my wife while knowing that should I die, they will be cared
for. By not recognizing my family, Nebraska is making a difficult
situation much more difficult emotionally and financially.”
Other plaintiffs include:
- Nick Kramer & Jason Cadek: The couple resides in Omaha with
their three year old daughter Alice. They are both employed, own their
home, have been in a relationship for ten years and were legally married
in 2013.
- Jessica and Kathleen Källström-Schreckengost: The couple resides in
Omaha with their infant Sebastin. They are respectively a lawyer and a
therapist. The couple has been in a relationship for almost ten years as
they began dating in college. They were legally married in 2010.
- Crystal Von Kampen & Carla Morris-Von Kampen: The couple resides
in their hometown of Norfolk. Crystal is a disabled Veteran and Carla
is an advocate for families that have disabled children. The couple has
been together for five years and celebrated the first anniversary of
their marriage in November 2014. The couple has three adult children.
- Greg Tubach & Bil Roby: The couple resides in Lincoln and have
been together for twenty eight years. Both are employed and they own
homes in Nebraska. The couple is not married but seeks the freedom to
marry in Nebraska.
- Marj Plumb & Tracy Weitz: The couple resides in Omaha with their
two dogs and has been together for over ten years. The couple was
legally married in 2008. Both are successful professionals and came to
Nebraska for a job opportunity in 2014.
- Dr. Tom Maddox & Randy Clark: Tom is a native Nebraskan who
graduated from the University of Nebraska and the University of Nebraska
Medical Center. After graduation he pursed his medical residency in
Missouri where he met Randy. Randy is a CPA. They couple has been
together for over 30 years and were married in 2008. They currently
reside in La Jolla California. They visit family in Nebraska regularly
and own commercial property in Nebraska.
"These families simply want the security and recognition that only
marriage provides," said Amy Miller, legal director of the ACLU of
Nebraska. "It is wrong for the state to treat these loving and committed
couples as second-class citizens. When a family has roots in Nebraska
or wants to call Nebraska home, they should be able to do so without
being treated as legal strangers.”
The lawsuit will be filed in the U.S. District Court. The plaintiffs
allege that the state’s constitutional marriage ban unlawfully
discriminates against lesbians, gay men, and their children. Due to
Sally Waters’ medical condition, the attorneys will be filing a separate
motion for emergency relief.
Polls indicate that a majority of Americans support the freedom to
marry for all citizens. Currently 33 jurisdictions in the United States
grant or recognize the freedom to marry for same sex couples.
For bios of the clients: http://www.aclunebraska.org/images/ne_out4freedom_bios.pdf