Same-sex marriages will not begin in Nebraska next week after the 8th Circuit Court of Appeals stayed a federal court’s decision overturning the state’s marriage ban.
On Monday, U.S. District Court Judge Joseph Bataillon found Nebraska law prohibiting same-sex marriage “facially discriminates based on gender” and cannot withstand constitutional scrutiny. Bataillon ordered the state to cease enforcing the marriage ban, but stayed his decision until March 9 at 8 a.m. local time. Nebraska Attorney General Doug Peterson asked the 8th Circuit Court of Appeals to stay Bataillon’s decision while the case is appealed.
The 8th Circuit granted the stay “pending the disposition of this appeal” and ordered the Nebraska case be considered together with same-sex marriage decisions out of Arkansas, Missouri and South Dakota during oral arguments on May 12.