NEBRASKA: Renegade Clerk Backs Down

Nebraska's lone renegade county clerk has backed down.

Sioux County Clerk Michelle Zimmerman was on vacation and unavailable for comment, but Deputy Clerk JoElla Norman said Friday that somebody in the office will issue a same-sex license if requested. Zimmerman was the only one out of 93 county clerks in Nebraska who said she would not issue a license in light of a ruling last month from the U.S. Supreme Court that legalized same-sex marriage in all 50 states. Her stance prompted a threat of legal action from the ACLU of Nebraska. It also prompted State Sen. Ernie Chambers to send a letter Friday to Nebraska Gov. Pete Ricketts, urging the governor to "instruct" all the state's county clerks to abide by the high court's ruling.

Also in Nebraska:

An opinion released by a state judicial ethics committee says Nebraska judges and court officials cannot refuse to perform same-sex marriages unless they refuse to perform all marriages. The opinion released last week by the Nebraska Judicial Ethics Committee answers the question of whether a judge or clerk magistrate can refuse to perform marriages for same-sex couples based on the official's religious belief is that marriage is between a man and a woman. The committee also was asked if officials can refuse if they refer the same-sex couple to another judge willing to perform the ceremony. The committee determined that the U.S. Supreme Court's ruling last month legalizing same-sex marriage does not allow Nebraska judges to refuse to perform gay marriage ceremonies if they also perform opposite-sex marriages.

NEBRASKA: Legislature Overrides Pete Ricketts' Veto Of Death Penalty Repeal

Nebraska To Repeal Death Penalty

NEBRASKA: Federal Judge Dismisses Lawsuit Against All Homosexuals

Via Omaha.com:

A federal judge will not allow a Nebraska woman to be a legal spokeswoman for God and his son, Jesus Christ. Judge John Gerrard dismissed a lawsuit Wednesday filed against all homosexuals. Sylvia Driskell, 66, of Auburn, Nebraska, had asked the court last week to decide whether homosexuality is a sin. In a strongly worded opinion, the judge said it is not up to the court to decide whether homosexuality is sinful. Gerrard said Driskell lacked subject matter jurisdiction and cannot sue a class of unidentified defendants. Driskell did not set forth a factual or legal basis for a federal claim.

Aw, we were still having fun with this. (Tipped by JMG reader Thom)

UPDATE: JMG reader Mike sends us the ruling.

Driskell V Homosexuals

Sylvia Driskell's lawsuit against all homosexuals has been assigned to former Nebraska Supreme Court Justice John Gerrard, who was nominated to the federal bench by Obama in 2011.

NEBRASKA: Sane Woman Files Federal Lawsuit Against All Homosexuals

Via the Omaha World Herald:

An Auburn woman claiming to be an ambassador for God and his son, Jesus Christ, is suing all homosexuals. Sylvia Driskell, 66, asked an Omaha federal judge to decide whether homosexuality is a sin. Citing Bible verses, Driskell contends “that homosexuality is a sin and that they the homosexuals know it is a sin to live a life of homosexuality. Why else would they have been hiding in the closet(?)” Driskell wrote in a seven-page petition to the court that God has said homosexuality is an abomination. She challenged the court to not call God a liar. “I never thought that I would see a day in which our great nation or our own great state of Nebraska would become so compliant to the complicity of some people(’s) lewd behavior.”

We have GOT to see this lawsuit. Somebody find it, please.

UPDATE: You guys found it immediately. And OMG it's handwritten and therefore cannot be excerpted here. Here's a screencap.

UPDATE II: JMG reader Rob points out that the Friendly Atheist has transcribed some of the batshittery.

Eighth Circuit Court Punts On All Cases

"On the court's own motion, oral arguments and any further consideration of these cases will be deferred pending the Supreme Court of the Unites States' decisions in James Obergefell v Richard Hodges."

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

Eighth Circuit Court Sets May 12th Details For Marriage Cases Out Of Arkansas, Missouri, Nebraska, & South Dakota

It seems unlikely that we'd get a decision before the Supreme Court. But we've been surprised many times.

Federal Court Blocks Medical Leave For Married Gay Couples In Four States

Last night a federal judge issued a preliminary injunction against a recently-issued Labor Department policy that grants family medical leave benefits to married same-sex couples in states that forbid same-sex marriage. Chris Johnson reports at the Washington Blade:

In a 24-page decision, U.S. District Judge Reed O’Connor, an appointee of George W. Bush, issued the preliminary injunction based on the threat of irreparable harm to Texas, which filed the lawsuit against the regulation. “The Court finds that Plaintiffs have demonstrated that irreparable injury would occur,” O’Connor writes. “For example, the Final Rule would require Texas agencies to recognize out-of-state same-sex unions as marriages in violation of Texas Family Code § 6.204(c)(2), which expressly prohibits state agencies from ‘giving effect to a . . . right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.’…Defendants’ argument that the Final Rule only affects the states in their capacity as employers does not take into account the clear and expansive language of the text. Accordingly, Plaintiffs have met their burden under this factor.”

The suit was filed last week by Texas AG Ken Paxton and was followed by thrilled press releases from anti-gay hate groups. Yesterday Louisiana AG Buddy Caldwell announced that he had joined the suit. Read the ruling.

Nebraska Turns Mustard

BREAKING: Eighth Circuit Court Issues Stay On Nebraska Marriage Ruling

From the order: "Appellants’ Emergency Motion for Stay Pending Appeal has been considered by the court, and the motion is granted. The District Court’s Injunction Order of March 2, 2015 will be stayed pending the disposition of this appeal. It is further ordered that this case be set for oral argument in Omaha, Nebraska on May 12, 2015, together with the three other same-sex marriage cases now pending before the court."  Those other three cases are Missouri, Arkansas, and South Dakota. Marriages had been due to commence in Nebraska on Monday morning.

NEBRASKA: Marriage Plaintiffs Oppose State's Stay Motion With Eighth Circuit

The plaintiffs in Nebraska's marriage equality case today filed their opposition to the state's demand that the Eighth Circuit Court issue a stay on last week's ruling, which is due to go into effect at 9AM local time on Monday. See the filing at Equality Case Files.

Nebraska Archbishop Has The Marriage Sadz, Asks Catholics To Fast & Pray

"The consequences of Judge Bataillon’s decision are real: his injunction undermines the democratically expressed will of the people, and it undermines the role of the family in our basic social order. Marriage is the civil institution that unites children with their mothers and fathers, not just the public recognition of a committed relationship for the fulfillment of adults. Every child has the right to know, and as far as possible, be united with his or her mother and father. Governments ought to promote marriage between a man and a woman in order to ensure that children born from their union will realize that right. Supporting the rights of children has never been more clearly important. But rather than support the rights of children, Judge Bataillon has imposed on the people of Nebraska a new, adult-centric view of marriage. It is appropriate that Judge Bataillon issued a stay of his decision, allowing for immediate legal recourse. We ask all Catholics and people of good will to continue to fast and pray that God’s plan for marriage and family life will be affirmed." - Archbishop of Omaha George Lucas (seriously), via press release.

Nebraska US House Rep Cheers Marriage

"Discrimination against anyone based on their sexual orientation has no place in this country. Courts across the country are demanding equal treatment under the law, and today, Nebraska took a major stand against inequality in this country. This decision does not ask individuals to abandon their principles on the issue, but rather, to accept that this country is overwhelmingly diverse, and we must embrace those who might not hold our same beliefs. The many differences of individuals are what make this a great nation, and today’s decision recognizes that same-sex couples deserve equal rights under the law. I applaud this decision and commit to continue working for equality for all Nebraskans in the future." - Rep. Brad Ashford (D-NE), via press release. Now in his first US House term, in 2013 Ashford ran for mayor of Omaha as an independent.

Freep This Nebraska Poll

Right here. The poll takes a few seconds to load. (Tipped by JMG reader Thom)

Nebraska Turns Cerulean

The color will shift to mustard should the Eighth Circuit Court of Appeals issue a stay. In January the Eighth Circuit declined to lift the stay in Missouri, which is shaded sapphire due to the legality of same-sex marriage in St. Louis and its recognition statewide. The Eighth Circuit will hear oral arguments in the cases out of Missouri, Arkansas, and South Dakota in May.

NEBRASKA: State Files Immediate Appeal Of Same-Sex Marriage Ruling

They were certainly ready for today's ruling. 

BREAKING: Federal Judge Lifts Nebraska Marriage Ban Effective March 9th

Via Omaha's ABC affiliate: "A federal judge has struck down Nebraska's ban on same-sex marriage. According to an order filed in federal court Monday, Senior U.S. District Judge Joseph Bataillon said '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 order is effective March 9 at 8 a.m."

Read the ruling.

UPDATE: Freedom To Marry reacts:

"Every day that loving and committed couples are denied the freedom to marry in the decreasing number of states that still discriminate against same-sex couples and their families is a day of tangible hardships and indignity. Fortunately, Nebraska may soon no longer be one of those discriminating states, thanks to today's strong ruling from yet another court -- the 65th in the past two years -- affirming the freedom to marry. It is time for the U.S. Supreme Court to bring the country to national resolution and end marriage discrimination for all Americans.”

NEBRASKA: Man Arrested After Stealing And Burning Neighbors' Rainbow Flag

Gay Star News reports:

A 23-year-old man is behind bars after allegedly burning down a rainbow flag in Omaha, Nebraska. Cameron Mayfield, 23, stole a rainbow flag from his neighbors, set it on fire, and ran through the neighborhood, according to police. It comes as Nebraska has lifted the ban on same-sex couples from becoming foster parents last week. Ariann Anderson and Jess Meadows-Anderson, a married couple who live next door, said it went "beyond vandalism or a threat" as it was a "direct attack." "It's just a reminder that hate is still out there," they said. The two women woke up just after midnight on Sunday morning (1 March), believing their home was being burglarized.

(Via Askarbent)