A three judge panel of the US Court Of Appeals for the Eighth Circuit has granted Nebraska officials' motion for stay pending appeal of the favorable marriage equality ruling in that state. Marriage equality supporters had hoped that a stay would not be issued so that same-sex couples in Nebraska could wed on March 9 when the district court stay was to expire.
As is noted above in the Equality Case Files tweet, the appeal will be heard along with other appeals from states in the Eighth Circuit (Missouri, Arkansas, and South Dakota) on May 12.
From The New Civil Rights Movement:
That's problematic for the plaintiff families, especially Susan and Sally Waters. Sally, 58, suffers from terminal cancer. Judge Batallion specifically wanted his ruling to be effective while Sally is still alive.
Nebraska Attorney General Doug Peterson said in his court filing that he actually didn't care if she is alive or dead when the case is decided.
The "court’s conclusion that there is a 'real possibility' that Ms. Waters will not live to see the issue resolved is simply a 'possibility' which was not supported by any medical evidence," AG Peterson claimed. "Moreover, the district court’s conclusion is inconsistent with the ample provisions in Nebraska law which would provide that, in the event Sally dies during the pendency of this litigation but Appellees ultimately prevail, an amended death certificate would be available which would address this concern."