The state attorney general has appealed the ruling.
Federal Judge Joseph Bataillon has struck down the state definition of marriage, but delayed the effect of his ruling until next Monday at 8am, presumably to give the state enough time to appeal the ruling to the 8th U.S. Circuit Court of Appeals.
Attorney General Doug Peterson has filed an appeal and asked Bataillon to delay any action for at least two weeks.
Seven same-sex couple brought suit against the state, seeking to overturn the ban on same-sex marriage as unconstitutional. The ACLU of Nebraska argued on behalf of the couples before U.S. District Judge Bataillon during a court hearing in Omaha. The Attorney General’s office defended the state law, placed in the state constitution in 2000 by the voters.
In 2006, Bataillon ruled the state law unconstitutional, but the ruling was overturned on appeal.
The 6th Circuit Court of Appeals upheld constitutional amendments defining marriage in Michigan, Ohio, Kentucky, and Tennessee; definitions similar to that in Nebraska. The 5th and 7th Circuits have struck down same-sex marriage bans.