Thought Theater

Gay Marriage Setbacks: Nebraska & Tennessee genre: Gaylingual & Six Degrees of Speculation & Uncivil Unions

Gay marriage suffered two setbacks today...one in Nebraska and one in Tennessee. A Federal Court of Appeals reinstated a Nebraska amendment banning same-sex marriage that had been struck down by a lower court. The Tennessee Supreme Court also ruled dismissed an attempt to keep a measure off the November ballot that seeks to ban same-sex marraige. Read the full story here.

The larger concern with such rulings is that it allows Republicans to utilize the strategy of placing such measures on the upcoming November ballot, a move that assisted them in 2004 when more than ten states voted on marriage initiatives.

In the Nebraska case, the 8th U.S. Circuit Court of Appeals overturned a judge's ruling last year that the ban was too broad and deprived gays and lesbians of participation in the political process, among other things.

The amendment ''and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States,'' the appeals court ruled.

Seventy percent of Nebraska voters had approved the ban in 2000.

The Nebraska amendment went farther than similar bans in many states in that it also barred same-sex couples from many legal protections afforded to heterosexual couples. For example the partners of gays and lesbians who work for the state are not entitled to share their health insurance and other benefits.

Forty-five states have specifically barred same-sex marriage through statutes or constitutional amendments.

In the Tennessee case, the American Civil Liberties Union had filed a lawsuit charging that the state failed to meet its own notification requirements for the ballot measure asking voters to ban gay marriage.

The high court ruled unanimously Friday that the ACLU didn't have standing to file the suit and dismissed it.

Tennessee already has a law banning gay marriage, but lawmakers who supported the proposed amendment said they wanted a backup in case the law was overturned.

Observers are still awaiting rulings in Washington and New Jersey. See prior Thought Theater postings on recent gay marriage news here and here.