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Citizens for Equal Protection v. Bruning
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Citizens for Equal Protection v. Bruning : ウィキペディア英語版
Citizens for Equal Protection v. Bruning

''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. It challenged the federal constitutionality of Nebraska Initiative Measure 416, a 2000 ballot initiative that amended the Nebraska Constitution to prohibit the recognition of same-sex marriages, civil unions, and other same-sex relationships.
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 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 decision. It held that Initiative Measure 416 did not violate the Equal Protection Clause, was not a bill of attainder, and did not violate the First Amendment. The Eighth Circuit held that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."〔(''Citizens for Equal Protection v. Bruning'', 455 F.3d 859 (8th Cir. 2006) )〕 The plaintiffs did not appeal to the Supreme Court.
''Bruning'' was the only decision of a U.S. Court of Appeals to rule that a state ban on same-sex marriage comports with the U.S. Constitution〔 〕 until the Sixth Circuit did so on November 6, 2014.
==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.〔(Statewide General Election 2000 Results, Constitutional Amendments and Initiative Measures ), Nebraska Secretary of State, p. 21-22. Accessed 17 December 2006.〕
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 also represented by Lambda Legal, filed suit in the United States District Court for the District of Nebraska challenging the constitutionality 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 sought an injunction prohibiting Nebraska from enforcing the measure.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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