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Joseph Bataillon | |
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| Senior Judge of theUnited States District Court for the District of Nebraska | |
| Assumed office October 3, 2014 | |
| Chief Judge of theUnited States District Court for the District of Nebraska | |
| In office 2004–2011 | |
| Preceded by | Richard G. Kopf |
| Succeeded by | Laurie Smith Camp |
| Judge of theUnited States District Court for the District of Nebraska | |
| In office September 18, 1997 – October 3, 2014 | |
| Appointed by | Bill Clinton |
| Preceded by | Lyle Elmer Strom |
| Succeeded by | Robert F. Rossiter Jr. |
| Personal details | |
| Born | Joseph Francis Bataillon[1] (1949-10-03)October 3, 1949 (age 76) Omaha, Nebraska, U.S. |
| Education | Creighton University (BA,JD) |
Joseph Francis Bataillon (born October 3, 1949) is aseniorUnited States district judge of theUnited States District Court for the District of Nebraska.
Bataillon was born inOmaha, Nebraska. He received aBachelor of Arts degree fromCreighton University in 1971 and aJuris Doctor fromCreighton University School of Law in 1974. Bataillon was a deputypublic defender forDouglas County, Nebraska from 1974 to 1980. He was in private practice in Omaha from 1980 to 1997.
On January 7, 1997, Bataillon was nominated by PresidentBill Clinton to a seat on theUnited States District Court for the District of Nebraska vacated by JudgeLyle Elmer Strom. Bataillon was confirmed by theUnited States Senate on September 11, 1997, and received his commission on September 18, 1997. He served as chief judge from 2004 to 2011. He assumedsenior status on October 3, 2014.
In 2003-05, Bataillon heardCitizens for Equal Protection v. Bruning, a federal constitutional challenge to a voter initiative constitutional amendment that prohibited Nebraska from recognizing same-sex marriages or unions known asNebraska Initiative Measure 416. In November 2005, Bataillon ruled that Initiative Measure 416 was unconstitutional under theEqual Protection Clause, theFirst Amendment, and theContract Clause's prohibition onbills of attainder. In so doing, Bataillon 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, theUnited States Court of Appeals for the Eighth Circuit reversed Bataillon's 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."
In 2015, the Eighth Circuit's ruling was invalidated by theUnited States Supreme Court's decision inObergefell v. Hodges.
Bataillon is married to Pam Bataillon, who ran forlieutenant governor of Nebraska in 1998.[2][3]
| Legal offices | ||
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| Preceded by | Judge of theUnited States District Court for the District of Nebraska 1997–2014 | Succeeded by |
| Preceded by | Chief Judge of theUnited States District Court for the District of Nebraska 2004–2011 | Succeeded by |