The People of Nebraska Deserve Their Day in Court


Americans may disagree on a whole host of issues, including and especially when it comes to the marriage debate, but commitment to the democratic process is critical. What's happening in Nebraska is detrimental to Americans, and to our nation, long-term.

Nebraska's explains:

GettyImages_137442741[Federal judge Joseph Bataillon] is being asked by seven same-sex couples to issue a preliminary injunction, declaring that they all have a right to be married in the State of Nebraska. They have asked further that the court should order the State of Nebraska and its various agencies, including county clerks, to immediately issue marriage licenses to these couples and to alter the law in Nebraska to allow all same sex couples to be married immediately, even before Nebraska gets its day in court and this matter is tried in the traditional way.

Getting your day in court is important. There are many procedures, such as requiring witnesses to testify under oath, using the power of a subpoena to require people to give you honest evidence and make statements under oath before a trial, and making sure the matter before the court fully heard with live persons and not just lawyer-crafted written statements, affidavits and declarations.

So, now Judge Bataillon is considering the matter and has told everyone he will issue his ruling soon. No trial, no get your “day in court” with all the protections of a fair and equal process leading up to trial. Just consider and decide the issue before a trial.

How can that even happen? How can a judge rule before a full and fair trial?

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Copyright 2015