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Federal judge strikes down Nebraska's same-sex marriage ban

Attorney General Doug Peterson is appealing the decision.

By Thor Benson
A gay rights rally in San Francisco, Calif. File photo by Terry Schmitt/UPI
A gay rights rally in San Francisco, Calif. File photo by Terry Schmitt/UPI | License Photo

LINCOLN, Neb., March 2 (UPI) -- A federal judge in Nebraska struck down the state's same-sex marriage ban on Monday.

U.S. District Judge Joseph Bataillon said "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," KETV Omaha reported.

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The order doesn't take effect until March 9, and the attorney general is already appealing the decision.

"The definition of marriage is an issue for the people of Nebraska, and an activist judge should not substitute his personal political preferences for the will of the people," said Attorney General Doug Peterson.

"Today is a day for celebration," the ACLU of Nebraska said in a statement. "The love and commitment our clients share will finally be entitled to equality and respect in the eyes of the law. Today, Nebraska's motto of "equality before the law" rings true for gay and lesbian Nebraskans who seek to have their marriages recognized or who seek the freedom to marry right here in our great state."

The Supreme Court will decide if same-sex marriage is constitutional in June.

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