Judge awards 416 opponents legal fees
A federal judge this week ordered the state of Nebraska to pay $156,960 in attorney fees to lawyers who challenged the state's gay marriage ban. The award will be held in abeyance until appeals in the case are completed, however.
"We expect the state to cut us a check, but not just yet," Tim Butz, executive director of the Nebraska American Civil Liberties Union, said Tuesday. U.S. District Judge Joseph F. Bataillon awarded the fees Monday.
Bataillon in May ruled an amendment passed by Nebraska voters in 2000 banning gay marriages was unconstitutional because it restricted the right of gay and lesbian people to seek policy changes through government officials.
The state has appealed the ruling to the U.S. 8th Circuit Court of Appeals in St. Louis. Oral arguments before that court have not yet been set.
State officials contest the awarding of any attorney fees, Regan Anson, a spokeswoman for Nebraska Attorney General Jon Bruning, said.
Bataillon's award would be reversed if the state wins the underlying case on appeal.
Butz said Tuesday attorneys for the plaintiffs received the amount of legal fees they requested. He said the state did not contest the amount.
Nebraska ACLU and the New York-based Lambda Legal Defense and Education Fund represented a group of plaintiffs who challenged the amendment in a 2003 federal lawsuit.
Opponents of the amendment called it the most restrictive of its kind in the nation because it not only banned gay marriages, but also prohibited legal recognition of civil unions and domestic partnerships.
The amendment was approved by 70 percent of Nebraska voters.
Reach Butch Mabin at 473-7234 or at bmabin@journalstar.com.
"We expect the state to cut us a check, but not just yet," Tim Butz, executive director of the Nebraska American Civil Liberties Union, said Tuesday. U.S. District Judge Joseph F. Bataillon awarded the fees Monday.
Bataillon in May ruled an amendment passed by Nebraska voters in 2000 banning gay marriages was unconstitutional because it restricted the right of gay and lesbian people to seek policy changes through government officials.
The state has appealed the ruling to the U.S. 8th Circuit Court of Appeals in St. Louis. Oral arguments before that court have not yet been set.
State officials contest the awarding of any attorney fees, Regan Anson, a spokeswoman for Nebraska Attorney General Jon Bruning, said.
Bataillon's award would be reversed if the state wins the underlying case on appeal.
Butz said Tuesday attorneys for the plaintiffs received the amount of legal fees they requested. He said the state did not contest the amount.
Nebraska ACLU and the New York-based Lambda Legal Defense and Education Fund represented a group of plaintiffs who challenged the amendment in a 2003 federal lawsuit.
Opponents of the amendment called it the most restrictive of its kind in the nation because it not only banned gay marriages, but also prohibited legal recognition of civil unions and domestic partnerships.
The amendment was approved by 70 percent of Nebraska voters.
Reach Butch Mabin at 473-7234 or at bmabin@journalstar.com.
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