We actually have a few enlightened people in this Republican hellhole! Unfortunately, Stick-up the Ass AG Bruning is going to appeal... I'm so glad, with the huge meth problem in this state, he's got nothing better to do than worry about gay people getting married. Typical Repub a-hole.
Barb was one of my profs at UNL. She's really cool.Friday May 13, 2005
Appeal planned in same-sex marriage ruling
BY LEAH THORSEN / Lincoln Journal Star
Barbara DiBernard wanted people to know the everyday consequences of Nebraska's constitutional amendment banning gay marriage. She wanted her neighbors to know the ban spread beyond restrictions dictating who can marry whom.
She said it took away her right to lobby the Legislature for fundamental protections given to heterosexual couples — being able to visit a partner in the hospital, make funeral arrangements for partners, and make other decisions that a family member would make. "It's forbidding all these other rights as well," said DiBernard, who has been with her partner, Judith M. Gibson, for nearly 17 years.
The couple was one of five to share their story in a lawsuit challenging the amendment as unconstitutional. On Thursday, the couples received welcome news.
Saying that Nebraska's ban on gay marriages amounts to punishment, a federal judge declared the ban unconstitutional.
U.S. District Judge Joseph Bataillon's order to strike down the ban sparked emotions of delight and outrage Thursday, as well as the promise of a state appeal.
In 2000, the constitutional amendment known as Initiative 416 garnered 70 percent of the vote in Nebraska and became part of the state's constitution.
Arguing the amendment prevented them from lobbying the Legislature on protections for same-sex couples, the American Civil Liberties Union of Nebraska, Citizens for Equal Protection, and Nebraska Advocates for Justice and Equality filed the lawsuit challenging the ban.
In his Thursday ruling, Bataillon wrote that while the government can regulate conduct such as criminal activity, it cannot create classes among its citizens based on who they are, rather than what they do.
He also ruled that the ban went further than defining marriage as between a man a woman, and that the state won't recognize two people in a same-sex relationship that is similar to marriage.
He also wrote that the state admitted the ban limits the plaintiffs' access to the legislative process.
"These statements make it clear that the intent of Section 29 (the constitutional amendment's legal description) is to silence the plaintiffs' views and dilute their political strength," he wrote.
The ruling was hailed by Amy Miller, an attorney for ACLU-Nebraska.
"All it does is level the playing field," she said.
On that playing field, homosexuals should have the right to be a part of the democratic process, said David Buckel, a senior attorney for Lambda Legal, one of the groups representing the plaintiffs.
But Dave Bydalek, executive director of Family First of Nebraska, disagreed, saying the judge's ruling disregarded the will of state voters.
"This once again illustrates an unelected judge substituting his will over the people of Nebraska," he said.
Federal judges are not elected.
Bydalek also said the ruling shows the need for a federal amendment on this issue. And that homosexuals are not shut out of the political process or denied the ability to attain rights.
"We're trying to uphold the societal norm," he said of the amendment's supporters.
The amendment states that Nebraska only will recognize marriages between men and women, and that similar same-sex relationships would not be recognized.
It also prevents homosexuals working for the University of Nebraska or the state from sharing health insurance and other benefits with their partners.
The state had tried unsuccessfully to get the lawsuit dismissed.
Nebraska Attorney General Jon Bruning issued a statement Thursday saying his office will appeal the ruling and that he will pursue this case vigorously.
"I believe that the citizens of this state have a right to structure their constitution as they see fit," Bruning said.
Nebraska Sen. Chuck Hagel and Gov. Dave Heineman sent separate statements saying they both hope Bataillon's ruling will be overturned at the appellate level.
Nebraska Sen. Ben Nelson was unavailable for comment.
Meanwhile, DiBernard and Gibson celebrated the judge's ruling quietly with a dinner of baked ziti and phone calls.
"I'm very excited, I'm pleased," said DiBernard.
She hopes Bataillon's order is upheld in the appellate process, and hopes she can lobby for the rights she holds dear.
"We don't have them now, and the judgment today doesn't mean we're going to get them."
Reach Leah Thorsen at 473-7246 or lthorsen@journalstar.com.
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posted by decemberx 10:34 AM[edit]
Golden Anniversary Celebration My high school is having an open house this weekend... my sister and I are going, along with some of my aunts & uncles (on my dad's side) because practically our whole family went to SE. Apparently my class (1985 - I love that Bowling for Soup song 1985, it's pretty much dead on) isn't having a 20-yr reunion. They must be waiting til it's been 25 years (2010)...
SPIN 's got a verra nice piccie of Trent on the cover this month.... and an article on Joy Division....
posted by decemberx 10:34 AM[edit]
Here's a stupid bint who needs her tubes tied before she breeds:Woman Cleared of Animal Abuse Charges
Wichta, KS
May 11 - The trial only lasted about 90 minutes. In that time, the defense proved that Kacie Kennedy did not attempt to kill two kittens.
Kennedy and John Doerfer were roommates back in June of last year. After a falling out, Kennedy found a new place to live. The day she left, Doerfer returned home from work to find his kittens in the freezer.
'They could not move, their necks were frozen their tails and their feet. I carried them to the drier wrapped in a towel to warm them up,' said John Doerfer.
Tuesday night, several witnesses testified. One of them, Kennedy's former manager. He says Kennedy was bragging that her boyfriend had put the animals in the freezer. The prosecutor claims that Kennedy is just as guilty because she aided and abetted her boyfriend, by letting him in the apartment and doing nothing to save the kittens from freezing to death.
Ultimately, the city couldn't prove that Kennedy tried to kill the kittens and the city attorney says she has no plans to bring charges against the boyfriend, because there's just not enough evidence."
Surprise surprise -- it's Kansas, where they're so freaking stupid they don't believe in evolution. But apparently, it's okay to kill defenseless animals. They must drink the same water as Oklahoma & Texas, it apparently causes the same brain damage...
posted by decemberx 12:45 PM[edit]
Darwin AwardsYes, it's that magical time of the year again when the Darwin Awards are bestowed, honoring the least Evolved among us. Here then, are the glorious winners for 2004. And the winner is:
1. When his 38-caliber revolver failed to fire at his intended victim during a holdup in Long Beach, California, would be robber James Elliot did something that can only inspire wonder. He peered down the barrel and tried the trigger again. This time it worked...... And now, the honorable mentions:
2. The chef at a hotel in Switzerland lost a finger in a meat cutting machinend, after a little hopping around, submitted a claim to his insurance company. The company, suspecting negligence, sent out one of its men to have a look for himself. He tried the machine and lost a finger. The chef's claim was approved.
3. A man who shoveled snow for an hour to clear a space for his car during a blizzard in Chicago returned with his vehicle to find a woman had taken the space with her vehicle. Understandably, he shot her.
4. After stopping for drinks at an illegal bar, a Zimbabwean bus driver found that the 20 mental patients he was supposed to be transporting from Harare to Bulawayo had escaped. Not wanting to admit his incompetence, the driver went to a nearby bus stop and offered everyone waiting there a free ride. He then delivered the passengers to the mental hospital, telling the staff that the patients were very excitable and prone to bizarre fantasies. The deception wasn't discovered for 3 days.
5. An American teenager was in the hospital recovering from serious head wounds received from an oncoming train. When asked how he received the
injuries, the lad told police that he was simply trying to see how close he could get his head to a moving train before he was hit.
6. A man walked into a Louisiana Circle-K, put a $20 bill on the counter, and asked for change. When the clerk opened the cash drawer, the man pulled a gun and asked for or all the cash in the register, which the clerk promptly provided. The man took the cash from the clerk and fled, leaving the $20 bill on the counter. The total amount of cash he got from the drawer...$15. (If someone points a gun at you and gives you money, is a crime committed?)
7. Seems an Arkansas guy wanted some beer pretty badly. He decided that he'd just throw a cinder block through a liquor store window, grab some booze, and run. So he lifted the cinder block and heaved it over his head at the window. The cinder block bounced back and hit the would-be thief on the head, knocking him unconscious. The liquor store window was made of Plexiglas. The whole event was caught on videotape.
8. As a female shopper exited a New York convenience store, a man grabbed her purse and ran. The clerk called 911 immediately, and the woman was able to give them a detailed description of the snatcher. Within minutes, the police apprehended the snatcher. They put him in the car and drove back to the store. The thief was then taken out of the car and told to stand there for a positive ID. To which he replied, "Yes, officer, that's her. That's the lady I stole the purse from." ?????
9. The Ann Arbor News crime column reported that a man walked into a Burger King in Ypsilanti, Michigan, at 5 a.m., flashed a gun, and demanded cash. The clerk turned him down because he said he couldn't open the cash
register without a food order. When the man ordered onion rings, the clerk said they weren't available for breakfast. The man, frustrated, walked away.
AND NOW A REAL STUPIDITY AWARD WINNER!
10. When a man attempted to siphon gasoline from a motor home parked on
a Seattle street, he got much more than he bargained for. Police arrived at the scene to find a very sick man curled up next to a motor home near spilled sewage. A police spokesman said that the man admitted to try to steal gasoline and plugged his siphon hose into the motor homes sewage tank by mistake. The owner of the vehicle declined to press charges. Said it was the best laugh he'd ever had.
posted by decemberx 9:36 AM[edit]
My cousin Emily graduated from UNL Sat., so we all went out to Windchimes for dinner Sat. night. Jen & I got a "Flaming Volcano" -- a drink for two people that comes in a ceramic bowl with a little volcano in the middle they fill with alkyhol & light on fire. I've always wanted to try one just for the hell of it, and now Jen is old enough.
Yesterday being Mommy day, we went to church with Mom, then the family hung out at Grandpa's (which still hasn't sold -- we hadn't been in there since Julie had some of the rooms painted -- the dining room is a yucky brown color, the living room is green, and the kitchen is a brick red color. She's been getting some really crappy advice on how to get the house sold, obviously!) It was pretty funny - Julie's family has a miniature Italian greyhound, kind of spazzy but cute enough. Dan & Charlotte brought Saki, their Bengal kitty over - it was pretty funny watching him stalk the dog. And the dog protecting his food and cookies from him, since he couldn't care less..
Had brunch at a new restaurant called Venue - they have a really nice breakfast buffet, all the usual stuff, plus cold salmon, scones, an omelet bar... wish I could have had a mimosa, but I had to go up to Omaha and visit Nick right after. Headed back to Lincoln just before 3:30, and drove into a horrendous downpour, complete with lovely hail. I can't believe I don't have any new dents on my car. I debated pulling over under an underpass, which quite a few people were doing, but I wanted to get home. Some woman pulled out from under one right in front of me -- good thing I have good tires or I would have hydroplaned trying not to hit the stupid bint. I think it's an omen to stay away from Omaha. The time before last I went up on Thurs night after work and got caught in a blinding downpour then, too. Nothing like driving 25 mph on the interstate. I can't believe how many morons don't put their lights on when it's like that!
Something really sad happened Friday, though. A guy that Nick used to be in a band with, right after we got married, shot & killed his wife and then himself, while their 4-yr-old son was in the house... I didn't know Uki really well, but he never seemed like the type to do something like that. Nick took it hard, because he had been thinking about looking Uki up when he's done in Omaha, to see if he wanted to jam with him... and another depressing bit of news--my cousin and his wife that just had a baby a month ago, are talking about getting a divorce. Everyone seems to think she's just messed up by postpartum depression. Maybe she'll come out of it.
posted by decemberx 12:50 PM[edit]
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