Same-sex Marriage In Nebraska
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Same-sex Marriage In Nebraska
Same-sex marriage in Nebraska has been legally recognized since June 26, 2015, when the U.S. Supreme Court ruled in the case of ''Obergefell v. Hodges'' that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment. Following the court ruling, the Attorney General, Doug Peterson, announced that the state of Nebraska would comply and recognize same-sex marriages. Legal history In November 2000, Nebraska voters adopted Initiative Measure 416, a constitutional amendment defining marriage as the union of a man and a woman and prohibiting the recognition of same-sex relationships under any other name. The measure passed with 70.10% in favour and 29.90% opposed. The state has only restricted marriage rights for same-sex couples in its state constitution; it has never passed a measure to that effect in the form of a statute passed in the Nebraska Legislature. Nebraska extended hospital visitation rights to same-sex couples through a designated visitor statut ...
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United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ...
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Matt Hansen (Nebraska Politician)
Matthew V. "Matt" Hansen (born February 11, 1988) is a politician from the state of Nebraska in the Midwestern United States. In 2014, he was elected to the Nebraska Legislature, representing a Lincoln district. Hansen is a member of the Democratic Party. Personal life and professional career Hansen was born February 11, 1988, in Morgantown, West Virginia. He was raised in Lincoln, and graduated from Lincoln Southwest High School in 2006. He attended the University of Nebraska–Lincoln, receiving a B.A. in psychology and political science in 2010; he then attended the University of Nebraska School of Law, from which he received a J.D. in 2013. As of late 2013, Hansen taught sociology and math one-on-one to gifted students as a mentor for Lincoln Public Schools. He sat on the board of the University Place Community Organization and on Lincoln's Cable Advisory Board. Political career 2014 election 2014 primary In November 2013, Hansen announced that he would run in th ...
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United States Court Of Appeals For The Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western District of Arkansas * Northern District of Iowa * Southern District of Iowa * District of Minnesota * Eastern District of Missouri * Western District of Missouri * District of Nebraska * District of North Dakota * District of South Dakota The court is composed of eleven active judges and is based primarily at the Thomas F. Eagleton United States Courthouse in St. Louis, Missouri, and secondarily at the Warren E. Burger United States Courthouse in St. Paul, Minnesota. It is one of thirteen United States courts of appeals. In 1929 Congress passed a statute dividing the Eighth Circuit that placed Minnesota, Iowa, North Dakota, South Dakota, Nebraska, Missouri, and Arkansas in the Eighth Circuit and created a Tenth Circuit that included Wy ...
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Contract Clause
Article I, Section 10, Clause 1 of the United States Constitution, known as the Contract Clause, imposes certain prohibitions on the states. These prohibitions are meant to protect individuals from intrusion by state governments and to keep the states from intruding on the enumerated powers of the U.S. federal government. Among other things, this clause prohibits states from issuing their own money and from enacting legislation relieving particular persons of their contractual obligations. Although the clause recognizes people's right to form contracts, it allows the government to create laws barring contracts offending public policy, such as contracts for sex or for child labor. Likewise, though prohibited from creating a state currency, states are not barred from making "gold and silver coin a tender in payment of debts". Text Treaties, alliances, or confederations At the time of the Civil War, this clause was one of the provisions upon which the Supreme Cour ...
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Bill Of Attainder
A bill of attainder (also known as an act of attainder or writ of attainder or bill of penalties) is an act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial. As with attainder resulting from the normal judicial process, the effect of such a bill is to nullify the targeted person's civil rights, most notably the right to own property (and thus pass it on to heirs), the right to a title of nobility, and, in at least the original usage, the right to life itself. In the history of England, the word "attainder" refers to people who were declared "attainted", meaning that their civil rights were nullified: they could no longer own property or pass property to their family by will or testament. Attainted people would normally be punished by judicial execution, with the property left behind escheated to the Crown or lord rather than being inherited by family. The first use of a bill of attainder was in 1321 agains ...
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First Amendment To The United States Constitution
The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws that regulate an establishment of religion, or that prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with ''Gitlow v. New York'' (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment. In '' Everson v. Board of Education'' (1947), the Court drew on Thomas ...
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Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws.''" It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the guaranteed right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ...
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Joseph Bataillon
Joseph Francis Bataillon (born October 3, 1949) is a senior United States district judge of the United States District Court for the District of Nebraska. Education and career Born in Omaha, Nebraska, Bataillon received a Bachelor of Arts degree from Creighton University in 1971 and a Juris Doctor from Creighton University School of Law in 1974. Bataillon was a deputy public defender, Douglas County, Nebraska from 1974 to 1980. He was in private practice in Omaha from 1980 to 1997. Federal judicial service On January 7, 1997, Bataillon was nominated by President Bill Clinton to a seat on the United States District Court for the District of Nebraska vacated by Lyle E. Strom. Bataillon was confirmed by the United States Senate on September 11, 1997, and received his commission on September 18, 1997. He served as chief judge of the District from 2004 to 2011. He assumed senior status on October 3, 2014. Notable case In 2003-05, Bataillon heard ''Citizens for Equal Protection ...
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United States District Court For The District Of Nebraska
The United States District Court for the District of Nebraska (in case citations, D. Neb.) is the federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha and Lincoln. Appeals from the District of Nebraska are taken to the United States Court of Appeals for the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The United States Attorney's Office for the District of Nebraska represents the United States in civil and criminal litigation in the court. the Acting United States Attorney is Jan W. Sharp. Notable case In May 2005, Judge Joseph Bataillon struck down a constitutional amendment passed by Nebraska voters in 2000 that would have banned gay marriages. That decision, however, was reversed by the United States Court of Appeals for the Eighth Circuit. In its opinion issued on July 14, 2006, the Eighth Circuit held: the amendment rational ...
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Lambda Legal
Lambda Legal Defense and Education Fund, better known as Lambda Legal, is an American civil rights organization that focuses on lesbian, gay, bisexual, and transgender (LGBT) communities as well as people living with HIV/ AIDS ( PWAs) through impact litigation, societal education, and public policy work. History Lambda's founder William J. Thom, Esq. submitted incorporation papers for approval to the New York Courts in 1971, but his application was denied on the grounds that its proposed activities would be "neither benevolent nor charitable in purpose" and "there was no demonstrated need for its existence". That decision was overturned in 1973 by the New York Court of Appeals, which is the highest court of New York State. (''In re Thom'', 301 N.E.2d 542 (N.Y. 1973).) The original incorporators, in addition to Bill Thom, were E. Carrington Boggan, and Michael J. Lavery. At their first meeting on November 10, 1973, they elected to the newly constituted board of directors Rodn ...
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American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of '' amicus curiae'' briefs expressing legal arguments when another law firm is already providing representation. In addition to representing persons and organizations in lawsuits, the ACLU lobbies for policy positions that have been established by its board of directors. Current positions of the ACLU include opposing the ...
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LGBT
' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term is an adaptation of the initialism ', which began to replace the term ''gay'' (or ''gay and lesbian'') in reference to the broader LGBT community beginning in the mid-to-late 1980s. When not inclusive of transgender people, the shorter term LGB is still used instead of LGBT. It may refer to anyone who is non-heterosexual or non-cisgender, instead of exclusively to people who are lesbian, gay, bisexual, or transgender. To recognize this inclusion, a popular variant, ', adds the letter ''Q'' for those who identify as queer or are questioning their sexual or gender identity. The initialisms ''LGBT'' or ''GLBT'' are not agreed to by everyone that they are supposed to include. History of the term The first widely used term, '' homosexual'', ...
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