Nebraska Attorney General Appeals Judge's Ruling Overturning Same-Sex Marriage Ban

A federal judge on Monday ruled Nebraska's ban on same-sex marriage to be unconstitutional, sparking an immediate appeal from Nebraska Attorney General Doug Peterson.

U.S. District Judge Joseph Bataillon ruled Monday that the state's ban on same-sex marriage was an "unabashedly gender-specific infringement of the equal rights of its citizens." Bataillon made his ruling after seven same-sex couples sued the state in the hopes of overturning the ban.

"It is ordered that all relevant state officials are ordered to treat same-sex couples the same as different sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage," the ruling stated.

Bataillon's ruling was met with an immediate appeal from Attorney General Doug Peterson's office, which requested a longer stay in the judge's ruling that is due to take effect March 9.

Peterson said at a press conference Monday that he'd like a stay to be enacted until the 8th Circuit Court of Appeals can hear the full appeal to Bataillon's ruling.

Nebraska Governor Pete Ricketts has also spoken out against the ruling, saying in a statement that the legalization of same-sex marriage in his state should be left up to a popular vote.

"The definition of marriage is an issue for the people of Nebraska, and an activist judge should not substitute his personal political preferences for the will of the people," Ricketts said, adding: "I will continue to work with Attorney General Doug Peterson to uphold Nebraska's Constitution and the will of the people of our great state."