Citizens for Equal Protection v. Bruning
Encyclopedia
Citizens for Equal Protection v. Bruning, 455 F.3d 859 (8th Cir. 2006), was a federal lawsuit
filed in the United States District Court for the District of Nebraska
and decided on appeal by the United States Court of Appeals for the Eighth Circuit
challenging the federal constitutionality
of Nebraska Initiative Measure 416
, a 2000 ballot initiative
that amended the Nebraska Constitution to prohibit the recognition of same-sex marriage
s, civil union
s, and other same-sex relationships. The suit sought to strike down Initiative Measure 416 as unconstitutional.
On May 12, 2005, United States District Judge Joseph F. Bataillon
ruled that Initiative Measure 416 violated the Equal Protection Clause
of the Fourteenth Amendment
, the First Amendment
, and was a bill of attainder
in violation of the Contract Clause
of Article I
. Nebraska Attorney General
Jon Bruning appealed the decision to the Eighth Circuit in St. Louis, Missouri
.
On July 14, 2006, the Eighth Circuit reversed Judge Bataillon's ruling striking down Initiative Measure 416. It held that the initiative measure did not violate the Equal Protection Clause, was not a bill of attainder, and did not violate the First Amendment. Citing the Supreme Court
's 1972 summary decision in Baker v. Nelson
, the Court held that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States." The plaintiffs did not appeal to the Supreme Court
.
As of August, 2010, the Eighth Circuit's opinion in this case is the only published federal appellate court opinion deciding whether a law limiting marriage to heterosexual couples violates the United States Constitution. Though the Los Angeles Times
and the San Francisco Chronicle
stated that the decision by Vaughn R. Walker
in the 2010 federal lawsuit Perry v. Schwarzenegger
was the first to strike down a state constitutional amendment banning same-sex unions on federal constitutional grounds, Maggie Gallagher
of the National Organization for Marriage
and Peter Sprigg
of the Family Research Council
both pointed out that this distinction belongs to Bataillon's 2005 decision in Citizens for Equal Protection v. Bruning, which was reversed on appeal.
The text of the amendment, which was codified as Article I, section 29, of the Nebraska Constitution, states:
In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union
and additionally represented by Lambda Legal
, filed suit in the United States District Court for the District of Nebraska
to challenge the validity of Initiative Measure 416. They named as defendants Nebraska Attorney General Jon Bruning and Governor of Nebraska
Mike Johanns
. They requested a declaratory judgment
declaring that Initiative Measure 416 violates Equal Protection and is a bill of attainder and an injunction
prohibiting Nebraska from enforcing the measure.
, the case was not ripe, and the initiative measure could not possibly be construed as a bill of attainder.
On November 10, 2003, Judge Bataillon disagreed, denied the motion, and let the case proceed. Because the case concerned a question of law
, rather than a question of fact
, the parties entered into a joint stipulation of facts and filed briefs.
Judge Bataillon announced his ruling in favor of the plaintiffs on May 12, 2005, overturning Initiative Measure 416 based on the Equal Protection Clause
, the First Amendment
, and the prohibition on bills of attainder
contained in the Contract Clause
. First, although the parties had not raised the issue, Bataillon concluded sua sponte
that the measure denied gays and lesbians access to the political system to gain recognition of their relationships without passing a new state constitutional amendment, which he believed unduly burdened their free speech rights
, in violation of the First Amendment. Next, relying primarily on the Supreme Court's 1996 decision in Romer v. Evans
, he concluded the measure had "no rational relationship to any legitimate state interest," and thus violated the Equal Protection Clause. Finally, he concluded the measure "amounts to punishment" by legislation, as it "does not merely withhold the benefit of marriage; it operates to prohibit persons in a same-sex relationship from working to ever obtain governmental benefits or legal recognition," and thus was a bill of attainder, in violation of the Contract Clause.
, in St. Louis, Missouri
. Amicus curiae
briefs were filed in support of Initiative Measure 416 by, among others, the Nebraska Legislature
, eleven other states, the Alliance for Marriage
, the American Center for Law & Justice, the American Family Association
, Focus on the Family
, the Family Research Council
, Liberty Counsel
, the Thomas More Law Center
, and 34 law professors. Amicus briefs were filed opposing Initiative Measure 416 by, among others, the National Association of Social Workers
, the American Psychological Association
, and Parents, Families and Friends of Lesbians and Gays
. On February 13, 2006, the Court held an oral argument in front of Chief Judge James B. Loken
, Judge Pasco Bowman II
, and Judge Lavenski Smith
.
On July 14, 2006, in a unanimous opinion written by Chief Judge Loken, the Court reversed Judge Bataillon's decision on all three of its conclusions.
As to the Equal Protection claim, the Court held that Initiative Measure 416 should receive rational basis review
, rather than strict scrutiny
, because sexual orientation
is not a suspect classification
, and thus the classification created by the measure "and other laws defining marriage as the union between one man and one woman is afforded a 'strong presumption of validity.'" Nebraska argued that by "affording legal recognition and a basket of rights and benefits to married heterosexual couples," the initiative measure encouraged "procreation to take place within the socially recognized unit that is best situated for raising children." The Court agreed: "Whatever our personal views regarding this political and sociological debate, we cannot conclude that the State's justification 'lacks a rational relationship to legitimate state interests.'" Thus, the plaintiffs' "equal protection argument fails on the merits."
As to the bill of attainder claim, the Court noted that bills of attainder are "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." The "bill of attainder concept of punishment ... does not include 'every Act of Congress or the States that legislatively burdens some persons or groups but not all other plausible individuals.'" The harm the plaintiffs claimed "is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of [the initiative] were motivated solely by a desire to punish disadvantaged groups." Thus, this claim, too, was "without merit."
As to the First Amendment issue, after criticizing Judge Bataillon for having decided it sua sponte, the Court held that Initiative Measure 416 "does not violate the First Amendment because (i) it 'does not directly and substantially interfere with [the plaintiffs'] ability to associate' in lawful pursuit of a common goal, and (ii) it seems 'exceedingly unlikely' it will prevent persons from continuing to associate."
In its conclusion, the Court cited the Supreme Court's 1972 decision in Baker v. Nelson
, noting that when "faced with a Fourteenth Amendment challenge to a decision by the Supreme Court of Minnesota denying a marriage license to a same-sex couple, the United States Supreme Court dismissed 'for want of a substantial federal question.' (Emphasis added.) There is good reason for this restraint." The Court held that Initiative Measure 416 "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States."
The plaintiffs petitioned the Eighth Circuit for rehearing en banc
, which the Court denied on August 30, 2006. The plaintiffs did not file a petition for writ of certiorari in the Supreme Court of the United States.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
filed in the United States District Court for the District of Nebraska
United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha, Lincoln, and North Platte....
and decided on appeal by the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
challenging the federal constitutionality
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
of Nebraska Initiative Measure 416
Nebraska Initiative Measure 416 (2000)
Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....
, a 2000 ballot initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
that amended the Nebraska Constitution to prohibit the recognition of same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s, civil union
Civil union
A civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
s, and other same-sex relationships. The suit sought to strike down Initiative Measure 416 as unconstitutional.
On May 12, 2005, United States District Judge Joseph F. Bataillon
Joseph F. Bataillon
Joseph F. Bataillon is a United States federal judge.Born in Omaha, Nebraska, Bataillon received a B.A. from Creighton University in 1971 and a J.D. from Creighton University School of Law in 1974. He was a deputy public defender, Douglas County, Nebraska from 1974 to 1980...
ruled that Initiative Measure 416 violated the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, and was a bill of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
in violation of the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
of Article I
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
. Nebraska Attorney General
Nebraska Attorney General
The Nebraska Attorney General is the chief law enforcement officer and lawyer for the U.S. state of Nebraska.-List of Attorneys General:-Notes:Term began February 21, 1867.Joint Populist-Democratic ticket.Resigned....
Jon Bruning appealed the decision to the Eighth Circuit in St. Louis, Missouri
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
.
On July 14, 2006, the Eighth Circuit reversed Judge Bataillon's ruling striking down Initiative Measure 416. It held that the initiative measure did not violate the Equal Protection Clause, was not a bill of attainder, and did not violate the First Amendment. Citing the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
's 1972 summary decision in Baker v. Nelson
Baker v. Nelson
Richard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
, the Court held that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States." The plaintiffs did not appeal to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
As of August, 2010, the Eighth Circuit's opinion in this case is the only published federal appellate court opinion deciding whether a law limiting marriage to heterosexual couples violates the United States Constitution. Though the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
and the San Francisco Chronicle
San Francisco Chronicle
thumb|right|upright|The Chronicle Building following the [[1906 San Francisco earthquake|1906 earthquake]] and fireThe San Francisco Chronicle is a newspaper serving primarily the San Francisco Bay Area of the U.S. state of California, but distributed throughout Northern and Central California,...
stated that the decision by Vaughn R. Walker
Vaughn R. Walker
Vaughn R. Walker served as a district judge of the United States District Court for the Northern District of California from 1989 to 2011.-Biography:Walker was born in Watseka, Illinois, in 1944...
in the 2010 federal lawsuit Perry v. Schwarzenegger
Perry v. Schwarzenegger
Perry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
was the first to strike down a state constitutional amendment banning same-sex unions on federal constitutional grounds, Maggie Gallagher
Maggie Gallagher
Margaret Gallagher Srivastav , better known by her working name Maggie Gallagher, is an American writer, commentator, and opponent of same-sex marriage. She has written a syndicated column for Universal Press Syndicate since 1995, and has published five books...
of the National Organization for Marriage
National Organization for Marriage
The National Organization for Marriage is a nonprofit political association established in 2007 to work against legalization of same-sex marriage in the United States, specifically to pass California Proposition 8 banning same-sex marriage in California...
and Peter Sprigg
Peter Sprigg
Peter S. Sprigg is Senior Fellow for Policy Studies at the Family Research Council in Washington, D.C..-Biography:Peter Sprigg earned a bachelor of arts degree summa cum laude from Drew University in Madison, New Jersey with a double major in political science and economics...
of the Family Research Council
Family Research Council
The Family Research Council is a conservative or right-wing Christian group and lobbying organization formed in the United States in 1981 by James Dobson. It was fully incorporated in 1983...
both pointed out that this distinction belongs to Bataillon's 2005 decision in Citizens for Equal Protection v. Bruning, which was reversed on appeal.
Background
In November, 2000, Nebraska's voters approved Initiative Measure 416 by 70%, amending the Nebraska Constitution to prohibit the state from recognizing either same-sex marriage or any other same-sex union.The text of the amendment, which was codified as Article I, section 29, of the Nebraska Constitution, states:
Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.
In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and additionally represented by Lambda Legal
Lambda Legal
Lambda Legal is an American civil rights organization that focuses on lesbian, gay, bisexual, transgender communities as well as people living with HIV/AIDS through impact litigation, education, and public policy work.Lambda's founder William J. Thom, Esq...
, filed suit in the United States District Court for the District of Nebraska
United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha, Lincoln, and North Platte....
to challenge the validity of Initiative Measure 416. They named as defendants Nebraska Attorney General Jon Bruning and Governor of Nebraska
Governor of Nebraska
The Governor of Nebraska holds the "supreme executive power" of the State of Nebraska as provided by the fourth article of the Nebraska Constitution. The current Governor is Dave Heineman, a Republican, who assumed office on January 20, 2005 upon the resignation of Mike Johanns . He won a full...
Mike Johanns
Mike Johanns
Michael Owen "Mike" Johanns is an American Republican politician who has been the junior United States Senator from Nebraska since 2009. Previously he was the 38th Governor of Nebraska from 1999 to 2005 and was U.S. Secretary of Agriculture from 2005 to 2007, becoming the fourth Nebraskan to hold...
. They requested a declaratory judgment
Declaratory judgment
A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of one or more parties in a dispute. A declaratory judgment is legally binding, but it does not order any action by a party. In this way, the declaratory judgment is like an action to...
declaring that Initiative Measure 416 violates Equal Protection and is a bill of attainder and an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
prohibiting Nebraska from enforcing the measure.
District court proceedings
Attorney General Bruning and Governor Johanns initially moved to dismiss the lawsuit, arguing that the plaintiffs lacked standingStanding (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
, the case was not ripe, and the initiative measure could not possibly be construed as a bill of attainder.
On November 10, 2003, Judge Bataillon disagreed, denied the motion, and let the case proceed. Because the case concerned a question of law
Question of law
In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence, and inferences arising from those facts...
, rather than a question of fact
Question of fact
In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...
, the parties entered into a joint stipulation of facts and filed briefs.
Judge Bataillon announced his ruling in favor of the plaintiffs on May 12, 2005, overturning Initiative Measure 416 based on the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
, the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, and the prohibition on bills of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
contained in the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...
. First, although the parties had not raised the issue, Bataillon concluded sua sponte
Sua sponte
In law, sua sponte describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties...
that the measure denied gays and lesbians access to the political system to gain recognition of their relationships without passing a new state constitutional amendment, which he believed unduly burdened their free speech rights
Freedom of speech in the United States
Freedom of speech in the United States is protected by the First Amendment to the United States Constitution and by many state constitutions and state and federal laws, with the exception of obscenity, defamation, incitement to riot, and fighting words, as well as harassment, privileged...
, in violation of the First Amendment. Next, relying primarily on the Supreme Court's 1996 decision in Romer v. Evans
Romer v. Evans
Romer v. Evans, 517 U.S. 620 , is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v...
, he concluded the measure had "no rational relationship to any legitimate state interest," and thus violated the Equal Protection Clause. Finally, he concluded the measure "amounts to punishment" by legislation, as it "does not merely withhold the benefit of marriage; it operates to prohibit persons in a same-sex relationship from working to ever obtain governmental benefits or legal recognition," and thus was a bill of attainder, in violation of the Contract Clause.
Appeal
Attorney General Bruning appealed to the United States Court of Appeals for the Eighth CircuitUnited States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
, in St. Louis, Missouri
St. Louis, Missouri
St. Louis is an independent city on the eastern border of Missouri, United States. With a population of 319,294, it was the 58th-largest U.S. city at the 2010 U.S. Census. The Greater St...
. Amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
briefs were filed in support of Initiative Measure 416 by, among others, the Nebraska Legislature
Nebraska Legislature
The Nebraska Legislature is the supreme legislative body of the State of Nebraska, in the Great Plains region of the United States. The Legislature meets at the Nebraska State Capitol in the City of Lincoln, Lancaster County....
, eleven other states, the Alliance for Marriage
Alliance for Marriage
The Alliance for Marriage , founded in 1999, is a non-profit organization based in the United States. The organization describes itself as "dedicated to promoting marriage and addressing the epidemic of fatherless families in the United States." The group was founded by Matt Daniels and is...
, the American Center for Law & Justice, the American Family Association
American Family Association
The American Family Association is a 501 non-profit organization that promotes conservative Christian values, such as opposition to same-sex marriage, pornography, and abortion, as well as other public policy goals such as deregulation of the oil industry and lobbying against the Employee Free...
, Focus on the Family
Focus on the Family
Focus on the Family is an American evangelical Christian tax-exempt non-profit organization founded in 1977 by psychologist James Dobson, and is based in Colorado Springs, Colorado. Focus on the Family is one of a number of evangelical parachurch organizations that rose to prominence in the 1980s...
, the Family Research Council
Family Research Council
The Family Research Council is a conservative or right-wing Christian group and lobbying organization formed in the United States in 1981 by James Dobson. It was fully incorporated in 1983...
, Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
, the Thomas More Law Center
Thomas More Law Center
The Thomas More Law Center is a prominent conservative Christian, not-for-profit law center based in Ann Arbor, Michigan, and is active throughout the United States. Its stated goals are defending the religious freedom of Christians, restoring "time honored values" and protecting the sanctity of...
, and 34 law professors. Amicus briefs were filed opposing Initiative Measure 416 by, among others, the National Association of Social Workers
National Association of Social Workers
The National Association of Social Workers is a professional organization of social workers in the United States. It had over 150,000 members as of January 2008 and provides guidance, research, up to date information, advocacy, and other resources for its members and for social workers in general...
, the American Psychological Association
American Psychological Association
The American Psychological Association is the largest scientific and professional organization of psychologists in the United States. It is the world's largest association of psychologists with around 154,000 members including scientists, educators, clinicians, consultants and students. The APA...
, and Parents, Families and Friends of Lesbians and Gays
Parents, Families and Friends of Lesbians and Gays
Parents, Families, and Friends of Lesbians and Gays is a socio-political group of family members and friends of lesbian, gay, bisexual, and transgender people. Its mission statement describes the goals of PFLAG as promoting health and well being of LGBT persons as well as actively supporting...
. On February 13, 2006, the Court held an oral argument in front of Chief Judge James B. Loken
James B. Loken
James B. Loken is a federal appeals court judge who has served on the United States Court of Appeals for the Eighth Circuit since 1990.-Education and legal training:...
, Judge Pasco Bowman II
Pasco Bowman II
Pasco Middleton Bowman II is a senior federal judge on the United States Court of Appeals for the Eighth Circuit.A former Fulbright scholar, Bowman was born in Harrisonburg, Virginia and grew up in New Market and Timberville, Virginia. He graduated from New Market High School, and in 1955 received...
, and Judge Lavenski Smith
Lavenski Smith
Lavenski R. Smith is a federal judge on the United States Court of Appeals for the Eighth Circuit. He was nominated to that court by President George W...
.
On July 14, 2006, in a unanimous opinion written by Chief Judge Loken, the Court reversed Judge Bataillon's decision on all three of its conclusions.
As to the Equal Protection claim, the Court held that Initiative Measure 416 should receive rational basis review
Rational basis review
Rational basis review, in U.S. constitutional law, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment or Fourteenth Amendment. Rational basis is the lowest level of scrutiny that a...
, rather than strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
, because sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
is not a suspect classification
Suspect classification
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination...
, and thus the classification created by the measure "and other laws defining marriage as the union between one man and one woman is afforded a 'strong presumption of validity.'" Nebraska argued that by "affording legal recognition and a basket of rights and benefits to married heterosexual couples," the initiative measure encouraged "procreation to take place within the socially recognized unit that is best situated for raising children." The Court agreed: "Whatever our personal views regarding this political and sociological debate, we cannot conclude that the State's justification 'lacks a rational relationship to legitimate state interests.'" Thus, the plaintiffs' "equal protection argument fails on the merits."
As to the bill of attainder claim, the Court noted that bills of attainder are "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." The "bill of attainder concept of punishment ... does not include 'every Act of Congress or the States that legislatively burdens some persons or groups but not all other plausible individuals.'" The harm the plaintiffs claimed "is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of [the initiative] were motivated solely by a desire to punish disadvantaged groups." Thus, this claim, too, was "without merit."
As to the First Amendment issue, after criticizing Judge Bataillon for having decided it sua sponte, the Court held that Initiative Measure 416 "does not violate the First Amendment because (i) it 'does not directly and substantially interfere with [the plaintiffs'] ability to associate' in lawful pursuit of a common goal, and (ii) it seems 'exceedingly unlikely' it will prevent persons from continuing to associate."
In its conclusion, the Court cited the Supreme Court's 1972 decision in Baker v. Nelson
Baker v. Nelson
Richard John Baker v. Gerald R. Nelson was a case in which the Minnesota Supreme Court ruled that Minnesota law limited marriage to different-sex couples and that this limitation did not violate the United States Constitution...
, noting that when "faced with a Fourteenth Amendment challenge to a decision by the Supreme Court of Minnesota denying a marriage license to a same-sex couple, the United States Supreme Court dismissed 'for want of a substantial federal question.' (Emphasis added.) There is good reason for this restraint." The Court held that Initiative Measure 416 "and other laws limiting the state-recognized institution of marriage to heterosexual couples are rationally related to legitimate state interests and therefore do not violate the Constitution of the United States."
The plaintiffs petitioned the Eighth Circuit for rehearing en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
, which the Court denied on August 30, 2006. The plaintiffs did not file a petition for writ of certiorari in the Supreme Court of the United States.
See also
- Perry v. SchwarzeneggerPerry v. SchwarzeneggerPerry v. Schwarzenegger is a federal lawsuit filed in the United States District Court for the Northern District of California challenging the federal constitutionality of Proposition 8, a 2008 ballot initiative that amended the California Constitution to restrict marriage to opposite-sex couples,...
— 2010 ongoing federal appellate court case involving some of the same arguments concerning California Proposition 8 (2008)California Proposition 8 (2008)Proposition 8 was a ballot proposition and constitutional amendment passed in the November 2008 state elections... - In Re Marriage of J.B. and H.B.In Re Marriage of J.B. and H.B.In the Matter of the Marriage of J.B. and H.B., 326 S.W.3d 654 is a Texas 5th Circuit Court of Appeal decision holding that Texas family courts lack jursidiction to hear divorce cases from same-sex couples married in foreign jurisdictions, and that Texas's Proposition 2 is consistent with the due...
- 2010 Texas case involving some of the same arguments concerning Texas Proposition 2 (2005)Texas proposition 2 (2005)Texas Proposition 2 of 2005 created an amendment that limits marriage to opposite-sex relationships and prohibits alternative legal arrangements of a similar nature. The bill intended to amend the Texas Constitution to make it unconstitutional for the state to recognize or perform same-sex... - LGBT rights in NebraskaLGBT rights in NebraskaLesbian, gay, bisexual, and transgender persons in the U.S. state of Nebraska face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska...