Last year, I blogged about a federal court in Nevada that struck down a duly passed state constitutional amendment banning gay marriage. The decision was utterly hostile to the political process and openly celebratory of homosexuality.
But today a federal court of appeals reversed that decision and reinstated the amendment. Its a suprising move from a federal court, but a welcome one. The good people of Nebraska have spoken, and an activist judge will not be allowed to thwart their will.
This case is probably not SCOTUS material on appeal, simply because the lower court ruling was so irrational and without merit. But it is a reminder that even with the demise of the Federal Marriage Amendment, this battle still rages. It was only last year that the court struck down Nebraska's amendment, coming very close to legalizing gay marriage. Congress was happy to let this issue drop, but those interested in protecting marriage need to remain vigilant.