Same-sex marriage is legal in Nebraska, as it is in all 50 states of the U.S. This became the law of the land on June 26, 2015, when the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have the constitutional right to marry. This landmark decision invalidated all state bans on same-sex marriage, including Nebraska’s.
Before this ruling, Nebraska had some of the most restrictive laws against same-sex marriage in the country. The state’s journey toward marriage equality was marked by legal battles and resistance from lawmakers and voters.
Nebraska’s History of Same-Sex Marriage Laws
Nebraska’s stance on same-sex marriage was initially defined by a strong opposition to it. In 2000, Nebraska voters passed Initiative Measure 416, an amendment to the state constitution that banned same-sex marriage and civil unions.
The amendment stated that “only marriage between a man and a woman shall be valid or recognized in Nebraska,” making it one of the strictest anti-LGBTQ+ marriage laws in the U.S. at the time.
In 2005, a federal judge ruled that the amendment was unconstitutional in Citizens for Equal Protection v. Bruning, arguing that it discriminated against LGBTQ+ couples. However, this decision was later overturned by the U.S. Court of Appeals for the Eighth Circuit in 2006, reinstating the ban. The Nebraska Supreme Court consistently upheld these laws, leaving little hope for same-sex marriage advocates.
The Role of the Federal Courts
Despite Nebraska’s firm legal stance against same-sex marriage, national momentum toward marriage equality was growing. In 2014, seven same-sex couples filed a lawsuit challenging Nebraska’s ban.
In March 2015, U.S. District Judge Joseph Bataillon struck down Nebraska’s ban as unconstitutional, citing the Supreme Court’s earlier rulings on similar cases. Nebraska’s attorney general immediately appealed, but the case became moot when the Obergefell v. Hodges decision legalized same-sex marriage nationwide in June 2015.
The Impact of Obergefell v. Hodges on Nebraska
After the Supreme Court’s decision, Nebraska had no choice but to comply with federal law. County clerks were instructed to issue marriage licenses to same-sex couples, and state agencies adjusted their policies to reflect the change. While some officials expressed personal objections, legal challenges to deny marriage rights to LGBTQ+ couples were unsuccessful.
Since the ruling, same-sex couples in Nebraska have been granted the same rights and responsibilities as opposite-sex couples, including inheritance rights, tax benefits, and parental recognition.
Public Opinion and Cultural Shifts in Nebraska
Although Nebraska historically opposed same-sex marriage, public opinion has shifted over the years. Nationally, support for marriage equality has grown significantly, and Nebraska is no exception. Younger generations and urban areas such as Omaha and Lincoln have shown increasing acceptance of LGBTQ+ rights.
However, resistance still exists, particularly in more rural and conservative parts of the state. Some lawmakers have attempted to introduce legislation to protect religious objections to same-sex marriage, but these efforts have largely failed in the wake of federal protections.
The Future of LGBTQ+ Rights in Nebraska
While same-sex marriage is now protected, LGBTQ+ individuals in Nebraska still face challenges. The state lacks comprehensive anti-discrimination protections for LGBTQ+ individuals in areas such as employment, housing, and public accommodations. Advocates continue to push for stronger protections to ensure equal rights beyond marriage.
Additionally, with shifts in the U.S. Supreme Court and ongoing debates about religious freedom, some fear that marriage equality could be challenged in the future. However, as of now, same-sex marriage remains fully legal and recognized in Nebraska.
Conclusion
Same-sex marriage is legal in Nebraska due to the Obergefell v. Hodges ruling, which struck down state bans nationwide. While Nebraska once had some of the most restrictive laws against marriage equality, the state now recognizes and upholds the rights of same-sex couples. Although public opinion and state policies continue to evolve, marriage equality remains a significant victory for LGBTQ+ individuals in Nebraska. As the fight for broader civil rights continues, advocates hope to expand protections and ensure full equality for all residents.
