Nebraska’s ban on same-sex marriage will remain in place while the state appeals a federal judge’s decision to strike it down.
The 8th Circuit Court of Appeals on Thursday issued a stay of U.S. District Judge Joseph Bataillon’s decision this week to end the ban.
“We are glad the court has granted the stay because it provides current stability in Nebraska’s marriage licensing process,” Attorney General Doug Peterson said in a statement.
Nebraska was set to begin offering marriage licenses to same-sex couples on Monday.
“The discrimination enshrined in our constitution hurts our clients and countless other Nebraska families,” the ACLU of Nebraska said on its Twitter account. “We will keep fighting.”
The ACLU of Nebraska filed the lawsuit challenging the state’s ban.
Same-sex marriage licenses are offered in 37 other states.
The number of states offering same-sex marriages has surged since the U.S. Supreme Court’s ruling in 2013 that invalidated part of the federal Defense of Marriage Act.
States like Illinois, Hawaii, Minnesota and New York joined the fold voluntarily, while others were ordered by state or federal judges to offer and recognize the unions.
Cases involving Ohio, Michigan, Kentucky and Tennessee are expected to be decided in June by the U.S. Supreme Court, which may settle the issue nationally once and for all.
