Federal District Court Decision for Same-Sex Unions

Last week a federal district court in Nebraska, in an opinion here, struck down the state constitution's ban on recognition of same-sex marriages, civil unions, and domestic partnerships.  The ban had been added to the state constitution by voter initiative in 2000.  Eugene Volokh has a comprehensive critique of the decision here.  Whatever one's perspective on recognition of same-sex unions or marriage as a policy matter -- and Eugene in no way belongs to the anti-gay-rights movement -- his post demonstrates why the court's decision is at best a big overreach as a matter of constitutional interpretation, and on some of its rationales is simply frivolous.

Tom B.