Tag: Nebraska

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Nebraska: 8th Circuit Court Of Appeals Issues Stay On Same-Sex Marriage Ruling

On March 2nd U.S. District Judge Joseph Bataillon ruled against Nebraska’s ban on same-sex marriage. With a one week stay in place, same-sex marriage was scheduled to begin in Nebraska Monday barring 8th Circuit action.

And now, the 8th Circuit Court steps in. From the ruling:

“Appellants’ Emergency Motion for Stay Pending Appeal has been considered by the court, and the motion is granted. The District Court’s Injunction Order of March 2, 2015 will be stayed pending the disposition of this appeal.

“It is further ordered that this case be set for oral argument in Omaha, Nebraska on May 12, 2015, together with the three other same-sex marriage cases now pending before the court.”

Those other three cases scheduled for May 12th are Missouri, Arkansas, and South Dakota.

Marriages had been due to commence in Nebraska on Monday morning.

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Nebraska: Attorney General Asks 8th Circuit Court To Issue Stay On Same-Sex Marriage Ruling

As expected, Nebraska Attorney General Doug Peterson has filed a request with the 8th Circuit Court of Appeals for a stay on the ruling from U.S. District Judge Joseph Bataillon which struck down the state’s ban on same-sex marriage.

Judge Bataillon issued his ruling on Monday saying the law is unconstitutional. Tuesday saw Peterson ask the 8th for a stay on that ruling.

Bataillon has placed a stay on the ruling which would expire on March 9th.

Peterson would like the issue put on hold until the U.S. Supreme Court rules on marriage equality this summer.

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Nebraska: Omaha Man Arrested For Stealing/Burning Rainbow Flag

Twenty-three year old Cameron Mayfield of Omaha, Nebraska has been arrested for stealing a neighbors rainbow flag and burning it in the street.

Via Gay Star News:

Ariann Anderson and Jess Meadows-Anderson, a married couple who live next door, said it went ‘beyond vandalism or a threat’ as it was a ‘direct attack’.

‘It’s just a reminder that hate is still out there,’ they said.

The two women woke up just after midnight on Sunday morning (1 March), believing their home was being burglarized.

When Meadows-Anderson rushed downstairs to check on their two girls, her wife saw a van drive off.

When they woke up again, they went to a window to see a man running down the street with what looked like a burning stick.

They then both realized he was burning their rainbow flag.

‘You almost feel bad for a minute,’ Meadows-Anderson told WOWT. ‘He’s a young man and he made a hate-filled, drunken mistake that will have a lasting effect on his life and his family.’

Later that day, a new, bigger, brighter Pride flag was flying on their front porch.

Mayfield is facing a 2nd degree felony arson charge and a separate charge for resisting arrest.

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Nebraska’s Same-Sex Marriage Ban Struck Down

Senior U.S. District Judge Joseph Bataillon has struck down Nebraska’s same-sex marriage ban saying, ‘all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage.’

From Judge Bataillon’s ruling:

“The State clearly has the right to encourage couples to marry and provide support for one another. However, those laws must be enforced equally and without respect to gender,” U.S. District Court Judge Joseph Bataillon wrote. “It is time to bring this unequal provision to an end.”

Evan Wolfson of Freedom To Marry issued this statement:

Every day loving and committed couples are denied the freedom to marry in the decreasing number of states that continue to discriminate against same-sex couples and their families is a day of tangible hardships and indignity. Fortunately, Nebraska may soon no longer be one of those discriminating states, thanks to today’s strong ruling from yet another court — the 65th in the past two years — affirming the freedom to marry. It is time for the U.S. Supreme Court to bring the country to national resolution and end marriage discrimination for all Americans.

Nebraska would become the 38th state in the US to have marriage equality.

The state of Nebraska immediately filed an appeal with the 8th Circuit Court of Appeals.

The order takes effect March 9 at 8 a.m.

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Nebraska State Senator Adam Morfeld Schools Anti-Gay Witness During Committee Meeting

Check out how Nebraska state Senator Adam Morfeld schools an anti-gay witness this past week during a committee hearing on a bill that would allow gays to serve as foster parents.

Currently, only two states ban gay foster parents – Nebraska and Utah.

Democrat Sen. Jeremy Nordquist has introduced a bill to overturn the ban.

Anti-gay attorney Greg Neuhaus told a committee debating the bill that he felt the legislation is “promoting an agenda.”

Sen. Adam Morfeld (D), who has also introduced pro-LGBT legislation, responded that Nordquist’s measure would merely ban discrimination.

During testimony, Neuhaus said that in addition to sexual orientation, the bill would also ban discrimination based on marital status, saying he’s “just as opposed to placing a child with an unmarried heterosexual couple.”

Check out how the conversation went:

Morfeld: “And why’s that, sir?”

Neuhaus: “Because I don’t think it’s in the best interest of the child.”

Morfeld: “So, my mother was a single mother for 15 years. I grew up, I didn’t get into trouble.

“I went to school. I went to school after working full-time for two years. I went to night school while working full-time for two years. I had a part-time job on top of that. And then I went to the University of Nebraska and worked my way through the University of Nebraska, and then after that I went to the University of Nebraska College of Law.

“During that time, I started a nonprofit that now employs 30 full- and part-time staff. My mother was a single mother. Did she do something wrong?”

Neuhaus: “I didn’t say she did. No. I’m not going to just be lectured to. If you want to ask me a question, I’ll answer it.”

Morfeld: “Under your rationale, my mother who’s a single mother likely isn’t the most fit parent, and the point that I’m trying to make is that fit parents come in all shapes and sizes, all kinds of sexual orientations, and that’s all I have to say. Thank you for your testimony.”

BOOM!

Watch below. The exchange happens at the beginning of the video.

(via Towleroad)

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ACLU Files Legal Challenge To Nebraska’s Same-Sex Marriage Ban

Today, the ACLU is filing a lawsuit on behalf of seven long-term LGBT couples seeking state recognition of their unions.

Six of the couples have been married in other states where marriage is now legal.

The case of Sally and Susan Walters makes clear the obstacles Nebraska’s marriage ban puts in front of the state’s LGBT families. Sally is especially concerned with the aspect of time as she has been diagnosed with terminal breast cancer:

“It’s a fairly gloomy outcome that I’ve got ahead of me,” said Sally. “That made it extra clear that not having our marriage recognized in Nebraska was going to be a hardship for our family.”

When Sally dies, her partner will not be eligible for Social Security benefits to take care of their three children, Also, Nebraska’s inheritance tax could cause financial stress for the family as well; it’s a whooping 18% for non-relatives but just 1% for spouses. The couple, who’ve been together for more than 20 years, are hoping that with recent rulings across the country and at the Supreme Court, this time their effort will be successful before their time runs out.

GOP Gov. Dave Heineman says he will fight any attempts to overturn the ban:

“Let me also remind everybody, marriage has always been a state’s issue,” he said today in response to the ACLU filing. “We should reflect the values and beliefs of the citizens of Nebraska, which I have absolutely no doubt remains firmly committed that marriage is between a man and woman.”

A challenge to the marriage ban was heard in 2004 by US District Judge Bataillon, the same judge who will hear this case. At the time, Judge Bataillon ruled against the ban but state officials appealed to the 8th Circuit which upheld the ban at that time.

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Nebraska: GOP gubernatorial candidate slaps an Obama doll around in campaign ad

How far has the political discourse fallen when you can disrespect a president like this?

From Omaha World-Herald:

Nebraska Democrats on Friday criticized a TV ad showing Republican governor candidate Beau McCoy knocking a Barack Obama doll off a fence post with his hand.

The ad opens with McCoy saying, “More Obamacare in Nebraska? That is the last thing we need.” He then strikes a doll that resembles President Obama.

“Beau McCoy hit a new low in his ad, where he is seen striking the president off a fence post,” said Dan Marvin, executive director of the Nebraska Democratic Party. “No matter what party you belong to, the depiction of violence displayed in McCoy’s ad is completely disrespectful to the office of the presidency and sends the wrong message to our children.”

Vince Powers, state Democratic chairman, called on McCoy to pull the ad.

(h/t JMG)

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Ever wonder who opposes LGBT rights? Here you go…

This, folks, is exactly who opposes equal rights for all.

Take a listen to this woman, Jane Skrovota, at this week’s hearings regarding a proposed LGBT non-discrimination ordinance in Lincoln, Nebraska.

Some of the reasons this woman objects to LGBT people receiving protection from employment and housing discrimination:

“P- E- N- I- S goes into the anus to rupture intestines. The more a man does this the more he’ll be a fatality or a homicider…”

“A huge percent of gay men in school grounds molest boys, partly because they don’t have AIDS yet…”

“Hillary Clinton’s roommate four years in college was a gay woman. To avoid going gay like Clinton did, college students need single rooms and single gender dorms… A college woman is seduced with illegal Rohypnol to go gay.”

“Candida fungus grows hugely on a corpse. AIDS is a candida fungus disease…”

“Roman senators went to Roman baths to be promiscuous gays, bis, and orgiers then went to the Coliseum to watch Christians get mauled and perish. Do gays become this sadistic? Yes. They cuss after coupling, don’t like the land they lay on, and 80% of those that did treason by the year 2000 are gays.”

“Gays can transform to be celibate to live to be 80 years old.”

“Read the book Nijinsky to understand that bisexuals always become insane.”

“A wedding dress is for a woman not a man.”

“Jesus was kissed by Judas, a homo, who tried to sabotage Jesus’ kind ideas. Do you choose Jesus, a celibate, or Judas, a homo? You have to choose!”

Love the reaction of the guy behind her.

There you have it folks: this is what stands between the LGBT community and equal rights.

More wine!

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Omaha passes LGBT employment protections

From The Republic.com: The Omaha City Council has just approved a city law by a vote of 4-3 protecting LGBT people from employment discrimination.

The proposal, put forward by Councilman Ben Gray, would apply to employers, employment agencies, job training programs, labor groups, public accommodations and businesses that contract with the city. It also would provide exemptions for religious organizations.

A similar proposal failed to pass in October 2010 on a 3-3 vote. Nebraska’s anti-discrimination laws and federal regulations don’t extend protection to gay and transgender people.

The Human Right Campaign reacts via press release.

“Omaha is a world class city that now joins the ranks of other major American cities standing strong for fairness,” said HRC President Joe Solmonese. “The city council should be proud for affirming the principle that what matters is how you do your job, not who you are.” HRC is proud to have partnered with Equal Omaha in advocating for the ordinance. The organization activated its local members and supporters as well as provided local leaders with strategic advice and financial support. HRC also provided data from its workplace project that shows 86 percent of Fortune 500 companies have their own policies against sexual orientation non-discrimination and nearly half cover gender identity.”