May 23, 2012
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Appeals Court Upholds Gay Marriage Ban

(July 14, 2006)--A federal appeals court is acting to reinstate Nebraska's voter-approved ban on gay marriage.

The Eighth Circuit appeals court says Nebraska's constitutional amendment is a matter of state rights and not a violation of the US Constitution.

A lower federal court judge had struck down the same-sex marriage ban, saying it was too broad and, among other things, deprived gays and lesbians of participation in the political process.

More than two-thirds of Nebraska voters approved the ban in 2000.

Meanwhile voters in Tennessee will be able to decide in November on a constitutional amendment to ban gay marriage.

The state Supreme Court cleared the way for that vote Friday, ruling in a lawsuit by the ACLU.

The suit charged that the state hadn't met the requirements in the state constitution to put the issue on the ballot.

In a unanimous ruling, the state high court found that the ACLU didn't have the standing to file the suit.

The decision upholds an earlier one by a county judge.

The amendment would define marriage as between one man and one woman.

The state already has a statute banning gay marriages.

But lawmakers who support the amendment say they want to make sure judges can't find that law to be unconstitutional.

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