OMAHA, Neb. (AP) — A federal judge will be asked Feb. 19 to tell the state of Nebraska that it immediately must recognize same-sex marriages while a lawsuit challenging the state’s gay marriage ban proceeds.
U.S. District Judge Joseph Bataillon said there likely won’t be a decision Feb. 19, but he will act swiftly. The judge said he hasn’t seen a courtroom this full in a while.
Judge Bataillon said he will hear arguments from both sides.
Susan Koenig, arguing for the same-sex couples, said, “Every time we have to answer the question: are you married? It reminds us of our 2nd class status.”
Koenig added, “This is sex discrimination.”
The ACLU said, “Being a same sex married couple in the state of Nebraska, is like driving down the interstate without insurance.”
David Lopez, is representing the State of Nebraska in court. He argued part of marriage is about promoting procreating.
According to the Attorney General’s office, “The argument that the State made to the court today is straightforward. Historically, the people have been given the exclusive right to define each state’s own marriage laws. In 2000, 70% of Nebraska voters voted to enshrine in our constitution an amendment defining marriage to be exclusively between a man and a woman. This definition of marriage has been recognized for thousands of years by numerous societies and numerous religions. Governments define marriage in this way because it is the only relationship that has the ability to produce offspring and to maintain the very existence of that society. Furthermore, the institution of marriage between a man and a woman has historically proven to be the best institution to raise healthy, productive children.”
“The constitutional structure that’s been recognized in our country for many years is that if you’re going to change the definition of marriage,” Doug Peterson, the Attorney General, said, “you have to do that through the voter process and not through the court system.”
Judge Bataillon suggested not allowing same-sex couples to marry is comparable to not allowing black people to marry white people.
Last month Bataillon ruled against a state request to delay the lawsuit in Nebraska while the U.S. Supreme Court is considering the issue. The American Civil Liberties Union of Nebraska filed the motion for an injunction that would order the state to recognize same-sex marriages.
The lawsuit was filed in November by seven same-sex couples seeking to have their marriages recognized despite the state’s ban passed by voters in 2000.
The U.S. Supreme Court announced Jan. 17 that it would decide whether same-sex couples have a right to marry everywhere in America under the Constitution.
