[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.