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Nebraska Family Council
1106 E Street, Lincoln, NE 68508-3511

Phone: 402-477-3191
Toll Free: 1-888-777-5188

DOMA Challenged by ACLU

U.S. Supreme Court rewrites
Constitution and 3,000 years of history

WASHINGTON -- The U.S. Supreme Court rewrote the U.S. Constitution and 3,000 years of legal history when it struck down the Texas sodomy law in a 6-3 decision. That decision provided a legal opportunity for a federal judge to rule the Nebraska Defense of Marriage Amendment Unconstitutional.

The court overrode the Constitution, the history of American law, and its own precedent by declaring in Lawrence v. Texas that there is a right to privacy to protect private, adult consensual sexual activity. Justice Kennedy wrote for the majority, and only Justices Scalia and Thomas and Chief Justice Rhenquist dissented. The majority reasoned, unbelievably, that because of the trend in state legislatures to repeal sodomy laws, these laws have become unconstitutional.

The Alliance Defense Fund, a national legal organization based in Scottsdale, Arizona, said the framers of the Constitution could never have imagined an interpretation of the U. S. Constitution where a right to engage in the act of sodomy was found.

On the basis of the Texas Sodomy case Federal Judge Joseph Bataillon ruled the Nebraska Defense Of Marriage Amendment unconstitutional. The final evidence was presented to Judge Bataillon in December of 2004. The federal lawsuit by ACLU against Nebraska was an attempt to overturn our Defense Of Marriage Amendment and potentially redefine marriage nationally. Federal Judge Joseph Bataillon in Omaha gave a preliminary statement before any evidence was submitted. He indicated at that time he would rule in favor of ACLU and call our Defense Of Marriage Amendment unconstitutional and that is exactly what he did.

Once again a single federal judge overruled the will of the people, because 70% of Nebraska voters placed this amendment into the state constitution.

On February 13, 2006 this case went to the 8th Circuit Court of Appeals and they heard the Nebraska DOMA case. Nebraska Deputy Attorney General Matt McNair notified our office with excitement in his voice just minutes after the 8th Circuit Court of Appeals ruled unanimously (3-0) to uphold Nebraska's Defense of Marriage Amendment. The ruling stated that both sentences of the amendment are constitutional. The two sentence amendment says:

Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, or domestic partnership, or other same-sex relationship shall not be valid or recognized in Nebraska.

This is a day to humbly celebrate and give thanks to the Lord for answering our prayers! It is the Lord who originally defined marriage in a way that would be for the good of adults as well as children.

ACLU decided not to appeal to the U.S. Supreme Court. Therefore, the definition of marriage will remain in the Nebraska State Constitution.

Nebraska Family Council believes that we must continue to protect the traditional definition of marriage. Advocates of same-sex marriage are dedicated to re-define, and eventually abolish, marriage. In fact, just a few months ago, over 1,200 advocates of homosexual behavior signed on to a statement called "Beyond Same-Sex Marriage" which calls for the complete destruction of the legal framework for marriage and the family.

Why is it so important to maintain the traditional definition of Marriage?
If you change the definition of marriage where does the definition stop? If you expand the definition to include same-sex couples, why shouldn't marriage eventually include the nearly 20 other sexual orientations. The lawsuit against Nebraska's Definition of Marriage is represented by four sexual orientations- gay, lesbian, bisexual and transgender; each group would like marriage to include them.

When you redefine marriage you redefine what children are taught in public school. You would be required to teach children that two men can raise a child just as well as a mother and father. Also, appropriate sexual behavior is redefined. To explore your sexual preference would be encouraged.

As stated in the French Parliamentary Report on the Family and the Rights of Children: "Making marriage available to same-sex couples therefore presupposes that they will also be given the right to adopt and receive medical assistance for procreation, and even the right to use surrogate mothers, because such couples are not fertile.¨

Hate Crime legislation has been enacted that includes sexual orientation as a protected class. Thus, once same-sex marriage is legalized you can no longer say homosexuality or same-sex marriage is sinful behavior, to do so would be considered a hate crime.