Eighth Circuit Court of Appeals Hears Oral Arguments on Nebraska’s Antigay Constitutional Amendment

The Eighth Circuit Court of Appeals heard oral arguments Monday in Citizens for Equal vs. Bruning. In that case, the lower court had ruled that Nebraska’s Constitutional Amendment defining marriage as between a man and a woman and barring consideration of civil unions was overly broad. The Amendment was apparently in response to decisions from Massachusetts (marriage) and Vermont(civil unions). The challengers contended that the Nebraska Amendment differed from other state constitutional amendments because it prevented gay couples from even applying for recognition as domestic partners.  However, it did not bar single heterosexual couples from seeking this opportunity, they said. An opinion is not expected for several weeks. Oral arguments in the case, Citizens for Equal Protection, Inc., et al v. Attorney General, number 05-2604, may be found here (last visited February 15, 2006, reo).