Nebraska same-sex marriage ban ruling [US DC] News
Nebraska same-sex marriage ban ruling [US DC]

Citizens for Equal Protection v. Bruning, United States District Court for the District of Nebraska, Judge Joseph F. Bataillon, May 12, 2005. Excerpt:

The reach of Section 29 is at once too broad and too narrow to satisfy its purported purpose of defining marriage, preserving marriage, or fostering procreation and family life. It is too narrow in that it does not address other potential threats to the institution of marriage, such as divorce. It is too broad in that it reaches not only same-sex "marriages," but many other legitimate associations, arrangements, contracts, benefits and policies. See First Amendment discussion, supra. The language of Section 29, stating that "the uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska," prohibits a class of citizens from accessing the Nebraska Unicameral to advocate for the full array of benefits afforded to the other citizens of the State of Nebraska.

Read the full text of the memorandum and order [PDF]. Reported in JURIST's Paper Chase here.