BREAKING NEWS ~ Federal appeals court reinstates Nebraska same-sex marriage ban Jeannie Shawl at 11:53 AM ET
[JURIST] AP is reporting that a federal appeals court has overturned a lower court ruling that struck down Nebraska's ban on same-sex marriage [JURIST news archive]. A federal judge struck down the ban [JURIST report] last May, ruling that it interferes with the rights of gay couples and also with those of foster parents, adopted children and people in many other living circumstances.
Appellees' attempt to isolate § 29 from laws prohibiting same-sex marriage because it is a state constitutional amendment fails. If there is no constitutional right to same-sex marriage, that is, if a statutory prohibition satisfies rational-basis review, then § 29 likewise survives rational-basis review. We hold that § 29 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.
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