US judge voids Nebraska's ban on gay marriage

LINCOLN, Neb. -- A federal judge yesterday struck down Nebraska's ban on same-sex marriage, saying that the measure interferes not only with the rights of same-sex couples but also with those of foster parents, adopted children, and people in a host of other living arrangements.

The constitutional amendment, which defined marriage as a union between a man and a woman, was passed overwhelmingly by voters in November 2000.

US District Judge Joseph Bataillon said the ban ''imposes significant burdens on both the expressive and intimate associational rights" of same-sex couples ''and creates a significant barrier to the plaintiffs' right to petition or to participate in the political process."

Bataillon said the ban ''goes far beyond merely defining marriage as between a man and a woman." He said the ''broad proscriptions could also interfere with or prevent arrangements between potential adoptive or foster parents and children, related persons living together, and people sharing custody of children as well as gay individuals."

State Attorney General Jon Bruning, who vowed to appeal the ruling, said same-sex marriages were not allowed before the ban and will not be allowed now.