Citizens For Equal Protection v. Bruning Case Profile
The ACLU and Lambda Legal challenged the Nebraska constitutional amendment that excludes same-sex couples from any kind of legal protection for their relationships--from marriage through domestic partnerships. In April of 2003 three advocacy organizations filed suit arguing that the amendment violates the federal constitution because it effectively prevents them from lobbying for any form of relationship recognition for gay, lesbian, and bisexual people in Nebraska, while straight people can still lobby for a variety of protections for their relationships. The advocacy organizations are Citizens For Equal Protection (CFEP), Nebraska Advocates for Justice and Equality (NAJE), and ACLU Nebraska.
Status: The 8th Circuit Court of Appeals upheld the amendment; the ACLU has filed a motion for rehearing.
Oral Arguments Held in Federal Appeals Court: ACLU and Lambda Legal Urge Court to Uphold Prior Ruling Striking Down Extreme Antigay Nebraska Law Banning All Protections for Same-Sex Couples
ACLU and Lambda Legal Urge Federal Appeals Court to Uphold Ruling Striking Down Extreme Nebraska Law Banning All Protections for Same-Sex Couples
U. S. Court of Appeals for the 8th Circuit:
Petition to the U.S. Court of Appeals for the 8th Circuit for Rehearing and/or Rehearing En Banc
U.S. Court of Appeals for the 8th Circuit Decision
Citizen for Equal Protection v. Bruning State's Brief
Citizens for Equal Protection v. Bruning Plaintiff's Brief on Appeal
Friend-of-the-Court Briefs filed in support of plaintiffs: