Nebraska Hub




Same-Sex Couple Seeking Divorce In Nebraska Could Change State's Marriage Laws - VIDEO

Gay_azz

A gay couple married in Iowa and now seeking a divorce in Nebraska will have their case decided by the state Supreme Court.

Nebraska Attorney General Jon Bruning doesn’t think the state should grant the couple a divorce, seeing as Nebraska doesn’t legally recognize same-sex marriages from anywhere. In 2000, 70 percent of Nebraska voters approved a state constitutional amendment recognizing marriage as only between a man and a woman.

And though the U.S. Supreme Court’s 2013 ruling against section three of the so-called Defense of Marriage Act (DOMA) made it so that the federal government must recognize all couples wed in marriage equality states, section two of DOMA still stands — it grants states the right to ignore the marriage laws of any other state, something Nebraska is clearly doing in this case.

According to the couple’s lawyer, “Nebraska must recognize the legally binding contract, which is the Iowa marriage license, and grant a divorce.”

Though a similar case compelled an Ohio Supreme Court justice to rule that his state must recognize out-of-state gay marriages, Nebraska’s court may choose differently.

See news video of the case AFTER THE JUMP...

Gay_azz_2

Continue reading "Same-Sex Couple Seeking Divorce In Nebraska Could Change State's Marriage Laws - VIDEO" »


Tuesday Speed Read: Supreme Court, Nebraska, Chai Feldblum, Peter TerVeer, Annise Parker

BY LISA KEEN / Keen News Service

SUPREME REJECTION:

ElanephotographyThe U.S. Supreme Court declined Monday to review a decision by the New Mexico Supreme Court that said the state human rights law does not violate the free speech rights of a wedding photographer who refused services to a same-sex couple. By not taking the case, Elane v. Willock, the Supreme Court leaves intact the state court ruling that said businesses that “choose to be public accommodations must comply” with the non-discrimination law. The photographer had claimed that she had religious beliefs that compelled her to refuse accommodations to the lesbian couple, and the case was viewed as one of many disputes heading to the U.S. high court that pitted religious beliefs against non-discrimination laws. But the case was never pitched as a free exercise case and that may be why the Supreme Court didn’t take it, said Lambda Legal Senior Counsel Jenny Pizer. Tobias Wolff, an attorney helping represent the lesbian couple, said, “No court in the United States has ever found that a business selling commercial services to the general public has a First Amendment right to turn away customers on a discriminatory basis.”

NEBRASKA COMES CLOSE:

NebraskaNebraska’s unicameral legislature voted 26 to 22 Monday to move a bill prohibiting discrimination based on sexual orientation or gender identity to the floor. Unfortunately, supporters of the measure needed 33 votes to break the filibuster. The legislative session ends this week and local papers give little chance that the bill’s supporters might get the bill to the floor this year. The sponsor of the bill, Sen. Danielle Conrad of Lincoln, vowed to continue the push even though the state’s term limits won’t enable her to come back next session.

EEOC ON THE JOB:

FeldblumChai Feldblum, the openly lesbian member of the U.S. Equal Employment Opportunity Commission (EEOC), told National Public Radio April 2 that the commission has “about 200 or so pending investigations right now that have been brought to us by LGBT people, and we're looking into those charges.” Feldblum noted the EEOC used to turn away LGBT complaints because there is no federal law prohibiting such discrimination. But she said the Commission is now looking into the complaints as forms of sex discrimination, which is prohibited by federal law. Whether the EEOC has authority to do so, she noted, will probably be determined at the U.S. Supreme Court.

SPEAKING OF SEX DISCRIMINATION:

A U.S. district court judge in Washington, D.C., entered a preliminary ruling April 4 in favor of a man who alleges he was fired from his federal job because he is gay. The order says the man, Library of Congress employee Peter TerVeer, can sue under Title VII of the Civil Rights Act –the title that, among other things, prohibits sex discrimination. The government’s brief in the case, Terveer v. Billington, is due June 3.

HOUSTON’S PARKER GETS HEAT:

ParkerHouston Mayor Annise Parker is being criticized for preparing to propose a human rights ordinance that would prohibit discrimination based on sexual orientation in housing and public accommodations but not in private employment. In her annual State of the City address April 3, Parker noted that Houston is “the only major city in the nation without civil rights protections for its residents.” She is expected to introduce the bill in May, and LoneStarQ says LGBT leaders expect the bill will not prohibit discrimination in private employers, as a way to ensure the bill passes city council. The head of the Houston GLBT Political Caucus told the Texas LGBT paper the omission amounts to “siding with the right of employers to discriminate.”

© copyright 2014 by Keen News Service. All rights reserved.


Nebraska Student Poetry Champ Told He Can't Read Gay and Trans-Themed Poem on Public Television

Michael Barth, a student poet from Gordon-Rushville High School in Nebraska who won the Class C1 poetry division at the Nebraska School Activities Association with a poem that combined lyrics from Macklemore’s "Same Love" and a slam poem called "Swingset" by Andrea Gibson, has been asked to perform a different poem for an NET Television program because the NSAA says it does not want an LGBT agenda promoted, the Lincoln Journal Star reports:

BlanfordgreenThe request from NSAA has caused a firestorm in the high school speech community, which says it amounts to censorship. They have created a Facebook page called “Support Michael and Acceptance of Speech,” made numerous calls to NSAA officials to protest the request and alerted the news media.

NSAA Executive Director Rhonda Blanford-Green (pictured) said she decided to ask Barth to perform a different piece for the NET program because she doesn’t want the program to be seen as promoting an individualized agenda.

The NET show "Best of the Best" features winning performances from the state championship (but apparently not if they mention gay or gender identity themes).

NET Television is Nebraska's PBS and NPR affiliate.

Bridgeport speech coach Glen Lussetto, who describes himself to the paper as "about as conservative as they come in this speech community" said he speech does not contain profanity and promotes acceptance.

"Same Love" is, of course, the hit marriage equality anthem, and, "'Swingset' by Andrea Gibson is about a lesbian kindergarten teacher whose students wonder if she is male or female," according to the Omaha World-Herald.

Blanford-Green added:

“I don’t want the speech platform to be seen as pushing an individualized agenda. If we have the opportunity to promote speech in a positive light that doesn’t create controversy or debate about students, content, the activity of the NSAA – that drove my decision.”

Barth told the HuffPost:

"I was contacted on Sunday that I was selected for the Best of the Best showcase ... and we had to send them a physical copy of my speech. And they read through it and they declined it because the executive director of the NSAA believes that it was advocating transgender rights and that demographic of people. The real controversy is how they're seeing that in the poetry. My poetry program is not advocating gay rights or straight rights or transgender rights or anything like that. It's about love and accepting each other."

Students and supporters of Barth have created a Facebook support page which has 426 members and growing.

Here is Barth's poem.

UPDATE: Barth WILL be able to read his poem.

Via NET's Facebook page:

An NSAA decision to ask a Rushville, Nebraska student to change the poem he read during the state championships for a subsequent NET television broadcast has caused a storm of controversy. Michael Barth won the Class C-1 state award for his presentation of the poem with a gender identity theme. He was scheduled to perform it for the Best of the Best broadcast with other state champions before the NSAA asked him to choose another selection because they considered the original poem too controversial for a statewide audience.

David Feingold, NET's assistant general manager of content, says NET is prepared to broadcast whichever selection Barth chooses to perform during the taping of the program Thursday. 

“Michael Barth is this year’s NSAA Class C1 poetry champion. NET Television is ready to record Michael’s award winning presentation, as originally planned. When Michael comes to the studio tomorrow, we’ll record the performance of his choosing, and will be included in the completed Best of the Best program which will air on NET 1 on Sunday, April 20th, at 9:00 a.m. and rebroadcast on NET 2. The full program will also be available on line,” Feingold said.

NET News will interview NET General Manager Mark Leonard on the controversy at 4:30 pm CT on NET Radio this afternoon.

UPDATE II: Here's an interview with Barth.


Married Same-Sex Couple in Nebraska Seek Divorce, Ask State Supreme Court to Weigh In

A Nebraska lesbian couple seeking a divorce from their marriage (legally performed in Iowa in 2009) have petitioned their case to be heard by the state’s Supreme Court, following a lower court’s ruling that the state cannot recognize the marriage in the first place. The Lincoln Journal Star reports:  

Nebraska flagLancaster County District Judge Stephanie Stacy in August dismissed [Bonnie and Margie Nichols'] divorce case, rejecting arguments that the court could grant the divorce without recognizing the marriage.

“A finding that the marriage is irretrievably broken — by its very nature — cannot be made without recognizing the marriage itself, and it stretches logic and common sense to conclude otherwise,” Stacy wrote in her order.

The case is currently before the state Court of Appeals, but an attorney for the couple has petitioned to get it kicked up to the state Supreme Court.

ACLU of Nebraska and Legal Aid of Nebraska on Thursday chimed in, filing friend of the court briefs in support of the appeal. Nebraska Attorney General Jon Bruning’s office filed a brief asking that Stacy’s ruling be upheld.

Bruning’s office argued the constitutionality of Nebraska’s same-sex marriage law shouldn’t be considered and said divorce isn’t a right.


Most Nebraska Schools to Begin Offering Insurance Benefits to Married Same-Sex Couples

As a result of the Supreme Court's ruling in June overturning much of the Defense of Marriage Act, nearly all Nebraska school districts will begin offering insurance benefits to legally married same-sex couples. The Columbus Telegram reports:

Nebraska flagBlue Cross Blue Shield recently decided to change its policy effective Jan. 1 because of the high court's ruling, and that company insures all but three of the state's 249 school districts through the Educators Health Alliance.

[…]

It wasn't immediately clear Monday how many of the 70,000 people covered by Blue Cross for the Educators Health Alliance might take advantage of the coverage for same-sex spouses. School district employees will have until Jan. 31 to sign up for benefits.

Nebraska's constitution dictates that only marriages between a man and a woman will be recognized or performed in the state.  


Muslim Nebraska Man Attacks Sister with Crowbar Because She is Gay, Says She Shames Family: VIDEO

3_tuma

Lincoln, Nebraska police have arrested Ahmed Tuma and his friend Nathan Marks after they attacked Tuma's sister and her fiancee as they pulled up to their home, KLKN reports:

Police say 20-yr-old Ahmed Tuma was angry with his sister because she is in a relationship with a woman.  Police say Tuma said it is shameful to their family and against Muslim beliefs.

Police say Tuma's sister and her fiancee arrived at home near 27th & M when  he  and a friend, 20-year-old Nathan Marks ran up to them.  Police say Tuma tried to hit her with a crow bar.  The couple escaped into their car, but police say Tuma repeatedly hit the car with the crowbar.

"They were in fear for their lives, he had made some verbal threats to kill the sister," Officer Katie Flood with the Lincoln Police Dept. said.

Police say the couple drove off, but Marks and Tuma got into Marks' pickup and followed, ramming them from behind nearly into oncoming traffic on S. 27th Street. The couple were able to get away and call police.

SisterTuma was charged with attempted 2nd degree assault, criminal mischief, two counts of terroristic threats and use of a weapon to commit a felony with hate crime enhancements. Marks was charged with aiding and abetting terroristic threats and aiding and abetting use of a weapon to commit a felony. They'll be arraigned next week.

The victim in the attack told 1011Now that she thinks if her brother succeeded in killing her the rest of the family would likely be very proud of him.

Watch 1011Now's report and interview with the sister, AFTER THE JUMP...

Continue reading "Muslim Nebraska Man Attacks Sister with Crowbar Because She is Gay, Says She Shames Family: VIDEO" »


Trending



Towleroad - Blogged