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Nebraska Family Council
1106 E Street, Lincoln, NE 68508-3511
Phone: 402-477-3191
Toll Free: 1-888-777-5188
1106 E Street, Lincoln, NE 68508-3511
Phone: 402-477-3191
Toll Free: 1-888-777-5188
DOMA Challenged by ACLU
U.S. Supreme Court rewrites
Constitution and 3,000 years of history
WASHINGTON -- The U.S. Supreme Court rewrote the U.S. Constitution and 3,000 years of legal history by striking down the Texas sodomy law in a 6-3 decision. Now, a lower court federal judge has ruled the Nebraska Defense of Marriage Amendment Unconstitutional.
The court overrode the Constitution, the history of American law, and its own precedent by declaring in Lawrence v. Texas that there is a right to privacy to protect private, adult consensual sexual activity. Justice Kennedy wrote for the majority, and only Justices Scalia and Thomas and Chief Justice Rhenquist dissented. The majority reasoned, unbelievably, that because of the trend in state legislatures to repeal sodomy laws, these laws have become unconstitutional.
The Alliance Defense Fund, a national legal organization based in Scottsdale, Arizona, said the framers of the Constitution could never have imagined an interpretation finding in the Constitution a right to engage in the act of sodomy.
On the basis of the Texas Sodomy case Federal Judge Joseph Bataillon ruled the Nebraska Defense Of Marriage Amendment unconstitutional. The final evidence was presented to Judge Bataillon in December of last year. The federal lawsuit by ACLU against Nebraska is an attempt to overturn our Defense Of Marriage Amendment and potentially redefine marriage nationally. Federal Judge Joseph Bataillon in Omaha gave a preliminary statement before any evidence was submitted. He indicated at that time he would rule in favor of ACLU and call our Defense Of Marriage Amendment unconstitutional.
Once again a single federal judge has overruled the will of the people, because 70% of Nebraska voters placed this amendment into the state constitution. On February 13, 2006 the 8th Circuit Court of Appeals heard the DOMA case. Matt McNair notified our office on July 14, 2006 that the 8th Circuit ruled unanimously to uphold Nebraska Defense of Marriage Amendment. ACLU decided not to appeal to the U.S. Supreme Court. Therefore, the DOMA decision is upheld.