Judge Clears Way for Gay Marriage in Nebraska

A federal judge has struck down Nebraska's state amendment that limits marriage to one man and one woman.

The American Civil Liberties Union of Nebraska had filed a lawsuit in November against the state on behalf of seven same-sex couples who challenged the law.

Same-sex marriages will legally be allowed in the state by March 9 as a result of this decision.

In a news conference Monday, Attorney General Doug Peterson said his office plans to file an appeal to reverse the decision.

U.S. District Judge Joseph Bataillon said in the ruling that same sex couples miss out on the medical and financial benefits available to heterosexual married couples.

"All of the plaintiffs have further demonstrated psychological harm and stigma, on themselves and on their children, as a result of the non-recognition of their marriages," he said in his 34-page ruling.

Bataillon had blocked the amendment in 2005 but the 8th U.S. Circuit Court of Appeals successfully reinstated it in 2006.

Nebraska Gov. Pete Ricketts said he will work with the attorney general to appeal the ruling.

"Today, a judge took steps to overturn a constitutional amendment approved by 70 percent of Nebraskans that defines marriage as between one man and one woman," he said. "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.