May 12, 2005

Washington, D.C. -- Today, U.S. District Judge Joseph Bataillon of Nebraska struck down Nebraska's constitutional provision prohibiting gay marriage or civil unions.

The provision, which was passed in 2000 by 70 percent of Nebraska voters, was overturned because the provision explicitly prohibits same-sex couples from receiving many of the legal protections that are reserved for married heterosexual couples.

"This is a blatant display of judicial arrogance where a non-elected federal judge has shown a total disregard for what 70% of Nebraska voters stated, marriage is between one man and one woman," said Tony Perkins, President of Family Research Council.

"This unfortunate act of judicial activism makes it very clear that marriage is at risk in the federal courts and Congress must pass, and the people of this country must ratify, an amendment to the U.S. Constitution defining marriage as being between one man and one woman.

"This instance is exactly why the residents of Nebraska should call Senator Ben Nelson (D-NE) and Senator Chuck Hagel (R-NE) to demand a vote, whether it be up or down, on President Bush's judicial nominees and their support for the Marriage Protection Amendment."