Federal judge blocks Nebraska’s same-sex marriage ban

Nebraska Gov. Pete Ricketts, right, speaks during a news conference, Monday, March 2, 2015, at the state capitol in Lincoln, Neb. Nebraska Attorney General Doug Peterson stands at left. Ricketts is denouncing a federal judge's decision to strike down Nebraska's constitutional amendment that defines marriage as between one man and one woman. (AP Photo/The Journal-Star, Eric Gregory) LOCAL TV OUT, KOLN, KGIN, KLKN Nebraska Gov. Pete Ricketts, right, speaks during a news conference, Monday, March 2, 2015, at the state capitol in Lincoln, Neb. Nebraska Attorney General Doug Peterson stands at left. Ricketts is denouncing a federal judge's decision to strike down Nebraska's constitutional amendment that defines marriage as between one man and one woman. (AP Photo/The Journal-Star, Eric Gregory) LOCAL TV OUT, KOLN, KGIN, KLKN

By Associated Press March 2, 2015 4 min read

OMAHA, Neb. (AP) – Nebraska’s same-sex marriage ban was thrown into question Monday alongside those in three nearby states that are set for a hearing before a federal appeals court.

U.S. District Court Judge Joseph Bataillon struck down Nebraska’s constitutional amendment, triggering an appeal less than an hour later by the state attorney general’s office.

The appeal could place the case before the conservative 8th U.S. Circuit Court of Appeals, which will hear similar cases out of Arkansas, Missouri and South Dakota. The court has tentatively scheduled arguments on those cases for the week of May 11.

Bataillon did not issue a stay on his ruling while the case is appealed, but ordered it not to go into effect until March 9.

Nebraska Attorney General Doug Peterson, a Republican, said his office would ask the federal appeals court to issue an emergency order barring county officials from issuing same-sex marriage licenses while the case is pending. He said otherwise there could be “chaos,” given that some Nebraska county clerks have refused to issue the licenses.