Despite the U.S. Supreme Court rulings Wednesday in favor of gay marriage, Nebraska’s ban continues to stand.
Yet, even here there was jubilation.
We suspect that support in Nebraska for the court’s historic ruling now is higher than the 30 percent who voted 13 years ago against putting a clause in the state constitution limiting marriage to a union between a man and a woman.
Society has been evolving at a rapid pace since.
Same-sex marriage now is the law of the land in 12 states, in which about 30 percent of Americans live.
Now, even in the U.S. military, people can be open about their sexual orientation.
In fact, Defense Secretary Chuck Hagel said after the court’s ruling that the Pentagon immediately will begin the process that will allow benefits to spouses of military personnel in same-sex marriages.
Many legal experts predict the struggle for recognition of same-sex marriage now will move to the state level. Republican leaders including House Speaker John Boehner and House Majority Leader Eric Cantor both suggested the court’s rulings effectively ended the effort to block gay marriage at the federal level.
“The marriage debate will continue in the states,” Cantor said.
Meanwhile, Chad Griffin, president of the Human Rights Campaign, told cheering supporters in Washington, D.C., that “we will bring marriage equality to all 50 states within five years.”
In Nebraska, that means either repeal by voters of the ban in the state constitution or a subsequent ruling by the nation’s high court that Americans have a constitutional right to same-sex marriage.
Some legal experts believe that the court’s ruling on the federal Defense of Marriage Act offers a hint that a future ruling might clarify that right.
Writing for the majority, Justice Anthony Kennedy opined that the federal law was in violation of the Fifth Amendment because its purpose was to “disparage and injure” those whom the state “sought to protect in personhood and dignity.”
After the court’s rulings, public opinion will continue to shift.
It’s important to remember that the argument centers on the role of government — not religion — in recognizing marriage.
The Editorial Board hopes that the discussion won’t be insufferably and incessantly earnest. As more than one comedian has put it, gay Americans should have the right to be as miserable as anyone else.
There’s little doubt that advocates will be eyeing Nebraska’s ban in coming months and years. We are gratified by the court’s rulings and welcome the coming debate.
— Lincoln (Neb.) Journal Star
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