Federal Judge Blocks Nebraska, Arkansas’ Ban on Gay Marriage

Federal Judge Blocks Nebraska, Arkansas’ Ban on Gay Marriage

United States District Judge Joseph Bataillon has blocked Nebraska’s ban on gay marriage. A lawsuit was filed concerning the bill to ban same sex marriage, which was passed in 2000 with almost 70% of voters in favor. He issued the injunction based on his conclusion that the ban had negatively affected the couples and their children, as the non-recognition of their marriages create psychological scars and furthered stigmas concerning gay marriage.

This will be the second time that Judge Bataillon has struck down this ban (he first did so in 2005) and the appeal presented by the 8^th US Circuit Court of Appeals has challenged his decision and put the block on the ban in jeopardy. Similarly, Arkansas is currently in the middle of an appeal on a decision made by US District Judge Kristine Baker to overthrow ban on gay marriage. While the ban has been lifted, during the course of the appeal Judge Baker will not allow couples to marry.

Persons throughout the state of Arkansas have requested of the court that marriages be allowed to continue despite the stay pending approval. However, Judge Baker has stated the court rules will not allow her to lift the stay and that even given the opportunity, she would not allow same sex marriage until the appeal was over; other states have had trouble with the 8^th US Circuit Court refusing to vacate the stay and continuing to prevent marriages. Her decision to keep the stay in place is a precautionary choice and also one that hopefully will prevent the status quo from shifting during the appeal case.

While over half of the country has now legalized same-sex marriage, many states – especially religious states located along the ‘Bible belt’- have voted against the issuance of marriage licenses to gay couples for various reasons. Some voters believe marriage is between a man and a woman only, based on both religious and/or traditional beliefs. Others believe that same-sex marriages are detrimental to the children of these households and are opposed to it for that reason. Still others believe that family stability and the future of the American people will decline if same-sex marriage is allowed, as the model of the family home will change and negatively affect society.

Those who support gay marriages are still petitioning to both the Arkansas and the Nebraska federal courts to allow marriages to occur in each state without restriction. A country wide decision on whether gay marriage should be allowed in each state will occur in April, with arguments being heard until June, when a decision is expected to be made.