Joseph F. Bataillon
Encyclopedia
Joseph F. Bataillon is a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....

.

Born in Omaha, Nebraska
Omaha, Nebraska
Omaha is the largest city in the state of Nebraska, United States, and is the county seat of Douglas County. It is located in the Midwestern United States on the Missouri River, about 20 miles north of the mouth of the Platte River...

, Bataillon received a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 from Creighton University
Creighton University
Creighton University is a private, coeducational, Jesuit, Roman Catholic university located in Omaha, Nebraska, United States. Founded by the Society of Jesus in 1878, the school is one of 28 member institutions of the Association of Jesuit Colleges and Universities. The university is accredited by...

 in 1971 and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 from Creighton University School of Law
Creighton University School of Law
Creighton University School of Law is a part of Creighton University. Founded in 1904, Creighton Law is one of 14 Jesuit Catholic law schools in the U.S. One out of every 10 American law students is enrolled in a Jesuit law school. Situated primarily in urban centers, these schools were...

 in 1974. He was a deputy public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...

, Douglas County, Nebraska
Douglas County, Nebraska
-Demographics:As of the census of 2000, there were 463,585 people, 182,194 households, and 115,146 families residing in the county. The population density was 1,401 people per square mile . There were 192,672 housing units at an average density of 582 per square mile...

 from 1974 to 1980. He was in private practice in Omaha from 1980 to 1997.

On January 7, 1997, Bataillon was nominated by President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...

 to a seat on the United States District Court for the District of Nebraska
United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha, Lincoln, and North Platte....

 vacated by Lyle E. Strom. Bataillon was confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 on September 11, 1997, and received his commission on September 18, 1997. He became chief judge of the District in 2004.

In 2003-05, Bataillon heard Citizens for Equal Protection v. Bruning
Citizens for Equal Protection v. Bruning
Citizens for Equal Protection v. Bruning, 455 F.3d 859 , was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit challenging the federal constitutionality of Nebraska Initiative...

, a federal constitutional challenge to Nebraska Initiative Measure 416
Nebraska Initiative Measure 416 (2000)
Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 70% of the voters....

, a voter initiative constitutional amendment that prohibited Nebraska from recognizing same-sex marriages or unions. In November, 2005, Bataillon ruled that Initiative Measure 416 was unconstitutional under the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...

, the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

, and the Contract Clause
Contract Clause
The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. It states:The Contract Clause prohibits states from enacting any law that retroactively impairs contract rights...

's prohibition on bills of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...

. Battailon became the first judge in the U.S. to invalidate a state marriage amendment defining marriage as between a man and a woman on federal constitutional grounds. In July, 2006, the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

 reversed his decision on all three arguments and held that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."

Sources

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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