Federal judge rules gay marriage ban unconstitutional (Nebraska)

Omaha World Herald ^ | 5/12/05 | Todd Cooper

[jebanks]

U.S. District Judge Joseph Bataillon struck down Thursday Nebraska's constitutional provision prohibiting gay marriage or civil unions.

The constitutional amendment, known as Initiative 416, passed in 2000 with 70 percent of the vote. It prevents homosexuals who work for the state or the University of Nebraska system from sharing health insurance and other benefits with their partners.

A group of lesbian and gay couples sued the state of Nebraska, contending the act barred "lesbian, gay and bisexual people from using the ordinary political process to seek important legal protections that all other Nebraskans already have."

Forty states have so-called "Defense of Marriage'' laws, but Nebraska's ban is the only one that explicitly prohibits same-sex couples from enjoying many of the legal protections that heterosexual couples enjoy.

[kcvl]

Judge declares mistrial after making Mexican joke

September 28, 2001

OMAHA, Neb. - A federal judge declared a mistrial in a civil case against two police officers accused of using excessive force after the plaintiffs' attorney objected to a joking comment the judge made about Mexicans.

U.S. District Judge Joseph Bataillon ordered a mistrial Monday in the case brought by relatives of Guadalupe Vallesillo Jr. against Omaha Police Officers Alan Reyes and Brian Heath.

A coroner's report said Vallesillo, 20, died of an asthma attack while struggling with the officers in 1997. The family alleges the officers used excessive force and did not give Vallesillo the proper medication.

During jury selection Monday, a juror told Bataillon that her husband had been arrested in Mexico, and had been jailed wearing little or no clothing.

Bataillon responded that people traveling in Mexico should carry extra cash.


He later told the Omaha World-Herald that he was trying to make a joke about some Mexican officials' reputation for taking bribes. But the plaintiffs, who are Mexican-American, complained.

"The message telegraphed to the jury by a person of authority was: It is OK to apply a lesser standard to people of Mexican heritage," Vallesillo family attorney Dorothy A. Walker said.

Bataillon apologized.

"It was inappropriate in the context of this jury trial to say anything that could be disparaging to people of Mexican descent," Bataillon told the newspaper. "I apologize. It just wasn't very smart."

Assistant City Attorney Tom Mumgaard said the remark was innocuous and drew laughs in the courtroom.

A new trial date has not been set.

By Associated Press

[Fruit of the Spirit]

Surprised!?!?

This has been going on in CA for at least the last twenty years. It's one of the reasons some voters have stopped going to the polls. "What's the point in voting for or against anything if the court is going overturn it anyway?"

[B Knotts]

I agree, but I don't think we're heading for a constitutional crisis; we're already there.

The judiciary is out of control.

[goldstategop]

I do not trust judges with unchecked powers. Judicial review is not even mentioned in The Federalist Papers. Its time to get rid of it so the ultimate say about our values rests with the people.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[yellowdoghunter]

The ONLY way to put a stop to this nonsense is through the ratification of a Federal Marriage Amendment.

I must agree with you. I see no other way around the courts. At times it is not even worth voting because a judge will just rule whatever you voted on as unconstitutional....

[bvw]

How much did he pay the Clinton's for that judgeship?

[wk4bush2004]

I just e-mailed my senators asking for this judge's impeachment. I suggest that everyone else do the same.

[goldstategop]

A state court cannot overrule its own Constitution. This ruling will be appealed to the appellate level and then to the USSC. A federal judge can strike down state constitutional provisions inconsistent with the federal Constitution, which is the Supreme Law Of The Land. This decision is not too surprising. It is after all, the progeny of Lawrence Vs Texas. By the reasoning of that decision, ANY prohibitions on homosexual conduct are "irrational and discriminatory." So here we are.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[JustAnAmerican]

I wouldn't count on that Backstabbing, "Judges are our Masters", Frist to propose doing anything. The threat of CWII gets closer and closer everyday it seems.

[Personal Responsibility]

This is exactly the reason the dems are so crazy about the filibuster. They have made the judges and judiciary branch into the be-all,end-all of our legal system and stacked them with people who agree with the dems.

Its a disgusting power play by the minority to try and enforce their will on such a huge majority here, but it is entierly unsurprising.

[Lancey Howard]

"U.S. District Judge Joseph Bataillon was nominated to the bench in January of 1997 and confirmed by the Senate nearly 10 months later."

Surprise, surprise - - this liberal activist judge is a Clinton appointee.
This scumbag Bataillon is corrupt to the core.

[little jeremiah]

Ping to self for later pingout.

[Borges]

In FP #78, Hamilton said that Judges would have the power to declare a law void. The Constitution gives the USSC jurisdiction over 'all cases in law and Equity'. Even Justice Scalia doesn't want to get rid of Marbury Vs Madison which he rightly notes as a plagiarism of Hamilton in the FP.

Leaving Legislative bodies in charge of the Constitution is like leaving wolves in charge of the Hen house. It's a document that lists the sort of laws they are not allowed to pass. The Judicial branch is there to make sure they don't. The answer is to appoint good judges.

[mlc9852]

You are absolutely right - but I don't see it happening any time soon.

[Libertarianize the GOP]

A group of lesbian and gay couples sued the state of Nebraska, contending the act barred "lesbian, gay and bisexual people from using the ordinary political process to seek important legal protections that all other Nebraskans already have."

So much for Roe v Wade.

[PeoplesRepublicOfWashington]

A group of lesbian and gay couples sued the state of Nebraska, contending the act barred "lesbian, gay and bisexual people from using the ordinary political process to seek important legal protections that all other Nebraskans already have."

Since when is a vote of the people not considered the "ordinary political process?"

[goldstategop]

The courts are the last stranglehold of the Left. What the ACLU and the Gay Lobby could not persuade Nebraska voters to accept, they managed to get a federal judge to do it for them and impose leftist social doctrine against the will of 70% of the people of Nebraska. This ruling is going to have an effect on Ben Nelson's re-election next year and do not be surprised if he comes out against Judge Battailon's ruling.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[No Dems 2004]

This guy is only making matters worse for the gays. It's going to throw kerosene on the fire. Those floozies are in trouble!!!

[jcb8199]

Someone 'splain it to me--it was a constitutional provision that he then called unconstitutional... how does that work?