ACLU Files Lawsuit, Seeks Freedom to Marry for Nebraskans

OMAHA, Neb. –-(ENEWPSF)–November 17, 2014.  The American Civil Liberties Union, the ACLU of Nebraska and the law firm of Koenig | Dunne filed a lawsuit in federal court today on behalf of seven couples seeking recognition of their out-of-state marriages or seeking the freedom to marry in Nebraska.

“The couples we represent in this historic case seek nothing more and nothing less than the freedom to marry who they love, and to be granted the dignity that full marriage recognition provides,” said Danielle Conrad, executive director of the ACLU of Nebraska, “these families are tax-paying citizens who are active in their communities and contributing positively to our economy. Nebraska has waited long enough – it is time for the Cornhusker state to extend the freedom to marry to all its citizens.”

The plaintiffs include Susan and Sally Waters of Omaha who have been together for seventeen years. In January 2013, Sally was diagnosed with breast cancer which has progressed to stage four and is considered terminal.

“We have said publicly before God, our family and our friends that we love each other and are committed to one another and our children,” said Sally Waters, “At this moment, I want to spend time loving my children and my wife while knowing that should I die, they will be cared for. By not recognizing my family, Nebraska is making a difficult situation much more difficult emotionally and financially.”

Other plaintiffs include:

Nick Kramer & Jason Cadek: The couple resides in Omaha with their three year old daughter Alice. They are both employed, own their home, have been in a relationship for ten years and were legally married in 2013.

Jessica and Kathleen Källström-Schreckengost: The couple resides in Omaha with their infant Sebastian. They are respectively a lawyer and a therapist. The couple has been in a relationship for almost ten years as they began dating in college. They were legally married in 2010.

Crystal Von Kampen & Carla Morris-Von Kampen: The couple resides in their hometown of Norfolk. Crystal is a disabled Veteran and Carla is an advocate for families that have disabled children. The couple has been together for five years and celebrated the first anniversary of their marriage in November 2014. The couple has two adult children.

Greg Tubach & Bil Roby: The couple resides in Lincoln and has been together for twenty eight years. Both are employed and they own homes in Nebraska. The couple is not married but seeks the freedom to marry in Nebraska.

Marj Plumb & Tracy Weitz: The couple resides in Omaha with their two dogs and has been together for over ten years. The couple was legally married in 2008.  Both are successful professionals and came to Nebraska for a job opportunity in 2014.

Dr. Tom Maddox & Randy Clark: Tom is a native Nebraskan who graduated from the University of Nebraska and the University of Nebraska Medical Center. After graduation he pursed his medical residency in Missouri where he met Randy. Randy is a CPA. They couple has been together for over 30 years and were married in 2008. They currently reside in La Jolla California. They visit family in Nebraska regularly and own commercial property in Nebraska.

“These families simply want the security and recognition that only marriage provides,” said Amy Miller, legal director of the ACLU of Nebraska. “It is wrong for the state to treat these loving and committed couples as second-class citizens. When a family has roots in Nebraska or wants to call Nebraska home, they should be able to do so without being treated as legal strangers.”

The lawsuit will be filed in the U.S. District Court. The plaintiffs allege that the state’s constitutional marriage ban unlawfully discriminates against lesbians, gay men, and their children. Due to Sally Waters’ medical condition, the attorneys will be filing a separate motion for emergency relief.

Polls indicate that a majority of Americans support the freedom to marry for all citizens. Currently 33 jurisdictions in the United States grant or recognize the freedom to marry for same sex couples.

For client bios and a copy of the lawsuit visit:  www.aclunebraska.org/out4freedom

Source: aclu.org