LINCOLN, Neb. (AP) -- Supporters of banning gay marriage won two major court rulings Friday, with a federal appeals court reinstating Nebraska's voter-approved ban on same-sex marriage and the Tennessee Supreme Court ruling that voters should have a say on the issue.
Last week, the highest courts in two others states also dealt gay rights advocates setbacks. The New York court rejected a bid by same-sex couples to win marriage rights, and the Georgia court reinstated a constitutional amendment banning gay marriage there.
In the Nebraska case, U.S. District Judge Joseph Bataillon had ruled that the ban was too broad and deprived gays and lesbians of participation in the political process, among other things.
The 8th U.S. Circuit Court of Appeals disagreed, saying in its ruling Friday that 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.''
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Opponents of the ban ''are free to gather, express themselves, lobby, and generally participate in the political process however they see fit,'' [NE Atty General] Bruning said. ''Plaintiffs are free to petition state senators to place a constitutional amendment on the ballot. Plaintiffs are similarly free to begin an initiative process to place a constitutional amendment on the ballot, just as supporters ... did.''
I suppose if there's any good news here, the Nebraska and Tennessee courts fell back on the same weak-ass arguments that New York relied upon last week; that the voters can change things and that same-sex marriage is subject to rational-basis interpretation instead of the tougher strict scrutiny standard.
When Bushco and their Holy Terror handlers claim a Constitutional amendment is needed because of "activist judges," I wonder if they're counting this bunch of assholes.
Oh, you meant activists who rule AGAINST you.
Got it.
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