The 8th Circuit Court of Appeals has just issued a stay on a ruling that would have allowed same-sex couples to marry.
The Republican governor and attorney general of Nebraska were so angered on Monday by a federal judge’s ruling striking down their ban on same-sex marriage they took less than one hour to file a notice of appeal. Now, the 8th Circuit Court of Appeals has responded, issuing the requested stay. U.S. District Judge Joseph F. Bataillon had ordered his ruling would become effective Monday, March 9, but now that date will come and go with no vows of “I do” from committed same-sex couples.
The appeals court judges also ordered that the case that would have allowed same-sex couples to marry, Waters v. Ricketts, be heard by the 8th Circuit on May 12, 2015. That means not only will the March 9 date come and go, but more than two months will pass by with no relief for any of the seven couples who filed the lawsuit, or any same-sex couples in Nebraska.Â
That’s problematic for the plaintiff families, especially Susan and Sally Waters. Sally, 58, suffers from terminal cancer. Judge Batallion specifically wanted his ruling to be effective while Sally is still alive.
Nebraska Attorney General Doug Peterson said in his court filing that he actually didn’t care if she is alive or dead when the case is finalized.
The “court’s conclusion that there is a ‘real possibility’ that Ms. Waters will not live to see the issue resolved is simply a ‘possibility’ which was not supported by any medical evidence,” AG Peterson claimed. “Moreover, the district court’s conclusion is inconsistent with the ample provisions in Nebraska law which would provide that, in the event Sally dies during the pendency of this litigation but Appellees ultimately prevail, an amended death certificate would be available which would address this concern.”
The couple have two adopted children.
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Image of Susan and Sally Waters by Jason M. McClaren via ACLU Nebraska
Hat tip: Equality Case Files
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