Nebraska gay marriage is banned as of November, 2000 under the Nebraska Constitutional amendment Initiative 416. Under this law, couples who are married in other jurisdictions are also not eligible for recognition in Nebraska. In addition, the state of Nebraska is notorious for having some of the most restrictive domestic partner laws in the country, affecting almost all aspects of homosexual couples’ lives.
Initiative 416 was passed by public referendum on November 7, 2000. Seventy percent of votes were in favor of the initiative, which restricts both the recognition of existing same-sex marriage and the performance of a new same-sex wedding.
In 2005, the United States District Court of Nebraska declared Initiative 416 unconstitutional. However, in 2006, an appeals court overturned the decision and Initiative 416 was allowed to stand.
In 2013, two women who had been married in Iowa sought a divorce from the Lancaster County District Court in Nebraska. The request was denied, and the women appealed to the Nebraska Supreme Court. The court initially agreed to hear the case, but in 2014 it was dismissed on procedural grounds.
There are very few protections for same-sex domestic partners available in Nebraska. Couples who were married in other jurisdictions often find that virtually no benefits from their marriage carry over to Nebraska, even ones that do in many other states that ban gay marriage. For example, there is no method for same-sex couples to jointly file income taxes, and out of state marriage certificates are not considered valid proofs of identity at state offices like the DMV.
A 2011 poll found that only 51 percent of Nebraska voters were opposed to same-sex marriage. In Nebraska’s largest city, Omaha, 54 percent of voters are in favor of allowing gay couples to marry.
The general attitude towards Nebraska gay marriage is slowly shifting throughout the state. However, Nebraska still has a long way to go before achieving equality.
