OMAHA, Neb. – Nebraska's Attorney General is asking that the newly lifted ban on gay marriage in the state be overturned. The state filed an appeal with the 8th Circuit Court of Appeals on Monday. Tuesday, Attorney General Doug Peterson filed a motion that the 8th Circuit to grant an emergency stay.
On Monday, Judge Joseph Bataillon made his decision to lift Nebraska's same-sex marriage ban following an ACLU-backed lawsuit against the state.
Bataillon's decision is set to lift the ban on March 9, 2015.
Tuesday, Peterson filed a request for the 8th Circuit to grant an emergency stay. That could delay lifting the gay marriage ban until the 8th Circuit has a chance to appeal the merit of the case.
In his ruling Bataillon explained the reasoning behind his decision.
"It is ordered that all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage," the ruling stated.
Governor Pete Ricketts commented on the decision on Monday.
“Today, a judge took steps to overturn a constitutional amendment approved by 70% of Nebraskans that defines marriage as between one man and one woman,” said Governor Pete Ricketts.
“The definition of marriage is an issue for the people of Nebraska, and an activist judge should not substitute his personal political preferences for the will of the people. I will continue to work with Attorney General Doug Peterson to uphold Nebraska’s Constitution and the will of the people of our great state.”
The American Civil Liberties Union of Nebraska filed the motion for an injunction that would order the state to recognize same-sex marriages. The lawsuit was filed in November by seven same-sex couples seeking to have their marriages recognized despite the state's ban passed by voters in 2000.
The U.S. Supreme Court announced January 17, that it would decide whether same-sex couples have a right to marry everywhere in America under the Constitution. A decision is expected by late June.
The Nebraska Catholic Conference said on Monday that Nebraska's three catholic bishops disagree with the legal court ruling.
"We are disappointed that Judge Joseph Bataillon granted an injunction today that presumes to nullify what God has written on human hearts since the beginning of time - that marriage is between a man and a woman, and has as one of its principal purposes the procreation and rearing of children. Marriage was established by God before the state and before the Church, and the vitality of both depends on the fruitful union of husband and wife," read the statement released by The Nebraska Catholic Conference.