A federal district judge in Nebraska yesterday struck down an amendment to Nebraska’s State Constitution which provides that “[o]nly marriage between a man and a woman shall be valid or recognized in Nebraska.” The law was passed overwhelmingly by the voters in November of 2000. This New York Times article here states that the “Nebraska ruling is the first in which a federal court has struck down a state ban on same-[gender] marriage” and noted that congressional leaders are pointing to the decision “as evidence of the need for a federal constitutional amendment banning same-[gender] marriage.”
You can access the opinion written by Judge Joseph F. Bataillon here. Apparently, one of the key factors in the decision was the overly broad manner in which the amendment was written. The amendment stated that “[t]he uniting of two persons of the same gender in a civil union, domestic partnership, or other similar same-[gender] relationship shall not be valid or recognized in Nebraska.” Judge Bataillon inferred that such language would in effect “void numerous existing contracts, labor agreements and corporate policies that extend to same-[gender] partners any benefits once offered only to spouses.” While he emphasized the legitimate goals of promoting stable family relationships and protecting children” he noted that the amendment was a “blanket prospective prohibition on any type of legal recognition of a same-[gender]relationship” and that the provision could be interpreted to prohibit companies and governments from providing benefits to domestic partners under various benefit plans.
Please note foonote 21 of the opinion which gives a brief history of benefits being offered to same-gender couples.
Another article from CitizenLink: “Judge Strikes Down Nebraska DOMA.”
Read more about the impact of marriage laws on benefits here.