Waters v. Ricketts

AU's Role: 
AU's Involvement Began: 
April 2015
Status: 

In November 2014, several same-sex couples challenged the Nebraska laws that limited marriage to opposite-sex couples. In March 2015, the trial court granted a preliminary injunction to the plaintiffs, finding it likely that plaintiffs would prevail on their claim that Nebraska’s marriage laws violated the plaintiffs’ right to equal protection.

Nebraska appealed this ruling to the U.S. Court of Appeals for the Eighth Circuit. In April 2015, we filed an amicus brief in support of the plaintiffs. We argued that recognizing same-sex couples’ right to marry would not infringe the religious exercise rights of others, and that religious objections to marriage equality do not justify refusing to recognize same-sex couples’ rights.

In light of the U.S. Supreme Court’s June 2015 decision on marriage equality, in August 2015 the Eighth Circuit affirmed the trial court’s preliminary injunction and returned the case to the lower court for entry of a final judgment in favor of the plaintiffs.