ACLU Files Legal Challenge To Nebraska's Same-Sex Marriage Ban

Today, the ACLU is filing a lawsuit on behalf of seven long-term LGBT couples seeking state recognition of their unions.

Six of the couples have been married in other states where marriage is now legal.

The case of Sally and Susan Walters makes clear the obstacles Nebraska's marriage ban puts in front of the state's LGBT families. Sally is especially concerned with the aspect of time as she has been diagnosed with terminal breast cancer:

“It’s a fairly gloomy outcome that I’ve got ahead of me,” said Sally. “That made it extra clear that not having our marriage recognized in Nebraska was going to be a hardship for our family.”

When Sally dies, her partner will not be eligible for Social Security benefits to take care of their three children, Also, Nebraska's inheritance tax could cause financial stress for the family as well; it's a whooping 18% for non-relatives but just 1% for spouses. The couple, who've been together for more than 20 years, are hoping that with recent rulings across the country and at the Supreme Court, this time their effort will be successful before their time runs out.

GOP Gov. Dave Heineman says he will fight any attempts to overturn the ban:

“Let me also remind everybody, marriage has always been a state’s issue,” he said today in response to the ACLU filing. “We should reflect the values and beliefs of the citizens of Nebraska, which I have absolutely no doubt remains firmly committed that marriage is between a man and woman.”

A challenge to the marriage ban was heard in 2004 by US District Judge Bataillon, the same judge who will hear this case. At the time, Judge Bataillon ruled against the ban but state officials appealed to the 8th Circuit which upheld the ban at that time.