case was not ripe, and the initiative measure could not possibly be construed as a bill of attainder. On November 10, 2003, Judge Bataillon disagreed, denied the motion, and let the case proceed. Because the case concerned a question of law, rather than a question of fact, the parties entered into a joint stipulation of facts and filed briefs. Judge Bataillon announced his ruling in favor of the plaintiffs on May 12, 2005, overturning Initiative Measure 416 based on the Equal Protection Clause, the First Amendment, and the prohibition on bills of attainder contained in the Contract Clause. First, although the parties had not raised the issue, Bataillon concluded sua sponte that the measure denied gays and lesbians access to the political system to gain recognition of their relationships without passing a new state constitutional amendment, which he believed unduly burdened their free speech rights, in violation of the First Amendment. Next, relying primarily on the Supreme Court's 1996 decision in Romer v. Evans, he concluded the measure had "no rational relationship to any legitimate state interest," and thus violated the Equal Protection Clause. Finally, he concluded the measure "amounts to punishment" by legislation, as it "does not merely withhold the benefit of marriage; it operates to prohibit persons in a same-sex relationship from working to ever obtain governmental benefits or legal recognition," and thus was a bill of attainder, in violation of the Contract Clause. Appeal Attorney General Bruning appealed to the Eighth Circuit Court of Appeals. Amicus curiae briefs were filed in support of Initiative Measure 416 by, among others, the Nebraska Legislature, eleven other states, the Alliance for Marriage, the American Center for Law & Justice, the American Family Association, Focus on the Family, the Family Research Council, Liberty Counsel, the Thomas More Law Center, and 34 law professors. Amicus briefs were filed opposing Initiative Measure 416 by, among others, the National Association of Social Workers, the American Psychological Association, and Parents, Families and Friends of Lesbians and Gays. On February 13, 2006, the Court heard oral argument before Chief Judges James B. Loken, Pasco Bowman II, and Lavenski Smith. On July 14, 2006, in a unanimous opinion written by Chief Judge Loken, the Court reversed Judge Bataillon's decision on all three of its conclusions. As to the Equal Protection claim, the Court held that Initiative Measure 416 should receive rational basis review, rather than strict scrutiny,