Citizens for Equal Protection v. Bruning
The Nebraska ACLU and other homosexual organizations
brought this action challenging the Nebraska DOMA, adopted
as a constitutional amendment. The plaintiffs claim that
the DOMA’s specific prohibition of recognizing civil
unions or domestic partnerships of same-sex couples, but
not opposite-sex couples, violates the Equal Protection
Clause of the U.S. Constitution. The trial court ruled for the plaintiffs, finding that Nebraska's marriage amendment was unconstitutional. A unanimous Eighth Circuit Court of Appeals reversed the trial judge. The plaintiffs petitioned for en banc review, which was denied.
McConnell v. U.S.
A homosexual man is suing the IRS for a tax refund on
the ground that the government improperly refused to recognize
his 1971 “marriage” to another man—the
lawyer representing him. These men have been in the courts
before demanding a right to or recognition of their “marriage”
in Baker v. Nelson [link to MN page, Baker] and
McConnell v. Nooner, below. The case was dismissed
on January 3, 2005.
McConnell v. Nooner, 547 F.2d 54 (8th Cir. 1976)
This case was a demand for federal benefits based on
an alleged same-sex “marriage.” The court
held that the decision in Baker
v. Nelson had already rejected the plaintiff’s
claim because marriage in Minnesota requires a man and
a woman.
