A Collaboration with the University of Pittsburgh

BREAKING NEWS ~ Federal appeals court reinstates Nebraska same-sex marriage ban

[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.

12:09 PM ET - The US Court of Appeals for the Eighth Circuit [official website] restored the ban on same-sex marriage, which was approved by Nebraska voters in 2000 as a state constitutional amendment, later codified in Section 29 of the Nebraska Constitution [text]. On appeal [JURIST report] from the state attorney general, the Eighth Circuit ruled [opinion, PDF]:

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.
AP has more.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.