Nebraska: Federal Judge Hears Same-Sex Marriage Case, Is Ready To Rule

One same-sex couple needs a federal judge to rule quickly on their case, as one of the spouses has terminal cancer. 

Last November, seven same-sex couples filed suit in federal court to strike down Nebraska’s 2000 law that bans them from marriage. This afternoon, a federal judge heard their case and says he’s ready to rule.

At issue, according to U.S. District Judge Joseph F. Bataillon, is not whether the ban should come down, but rather if the couples will suffer harm if it does not come down immediately.

One of the couples is Susan and Sally Waters. Sally, 58, suffers from terminal cancer. During today’s hearing, Judge Bataillon asked if Waters had been placed in hospice care. Attorneys told the judge she has not, but doctors, they say, have found another tumor.

Bataillon is expected to lift the ban, the Omaha World-Herald reports. But Judge Bataillon says he will not issue a ruling until next week.

He is the same judge who ruled in 2006 that the state’s marriage ban was unconstitutional, although that ruling was overturned. Legal experts say they do not believe it is likely that Bataillon has changed his mind.

The state has said it will appeal to the 8th Circuit Court of Appeals. No one knows exactly how or when the appeals court will act.

That means that marriage licenses could be issued to gay couples in Nebraska for several hours, several days or forever.

The Waters, who married in California, have adopted two children. Nebraska’s laws and policies do not allow them to adopt the children jointly.

 

Image of Susan and Sally Waters by Jason M. McClaren via ACLU Nebraska