# 2000 Nebraska Initiative 416

Elections in Nebraska :
Federal offices
Presidential elections
1868
1872
1876
1880
1884
1888
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
2004
2008
2012
2016
2020
2024
Presidential primaries
Democratic
2004
2008
2012
2016
2020
2024
Republican
2008
2012
2016
2020
2024
U.S. Senate elections
1867
1869
1870
1875
1877
1880
1883
1886
1888
1889
1893
1895
1899
1899 sp
1901
1901 sp
1905
1907
1911
1913
1916
1918
1922
1924
1928
1930
1934
1934 sp
1936
1940
1942
1946
1948
1952
1952 sp
1954
1954 sp
1958
1960
1964
1966
1970
1972
1976
1978
1982
1984
1988
1990
1994
1996
2000
2002
2006
2008
2012
2014
2018
2020
2024
2024 sp
2026
U.S. House of Representatives elections
1866
1868
1870
1872
1874
1876
1878
1880
1882
1884
1886
1888
1889
2nd sp
1890
1892
1894
1896
1898
1899
6th sp
1900
1902
1904
1905
1st sp
1906
1908
1910
1911
3rd sp
1912
1914
1916
1918
1920
1922
1st sp
6th sp
1924
1926
1928
1930
1932
1934
1936
1938
1940
1st sp
1942
1944
1946
1948
1950
1951
3rd sp
1952
1954
1956
1958
1960
1962
1964
1966
1968
1970
1972
1974
1976
1978
1980
1982
1984
1986
1988
1990
1992
1994
1996
1998
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
2020
2022
1st sp
2024 :
State government
State elections
2010
2012
2014
2016
2018
2020
2022
2024
Gubernatorial elections
1866
1868
1870
1872
1874
1876
1878
1880
1882
1884
1886
1888
1890
1892
1894
1896
1898
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1940
1942
1944
1946
1948
1950
1952
1954
1956
1958
1960
1962
1964
1966
1970
1974
1978
1982
1986
1990
1994
1998
2002
2006
2010
2014
2018
2022
2026
Lieutenant Gubernatorial elections
1876
1878
1880
1882
1884
1886
1888
1890
1892
1894
1896
1898
1900
1902
1904
1906
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1940
1942
1944
1946
1948
1950
1952
1954
1956
1958
1960
1962
1964
1966
1970
Secretary of State elections
2022
Attorney General elections
2022
State Legislature elections
2018
2020
2022
2024 :
Ballot measures
2000
Initiative 416
2008
Initiative 424
2024
Initiative 434
Initiative 439 :
Lincoln
Mayoral elections
2019
2023 :
Omaha
Mayoral elections
1997
2001
2005
2009
2013
2017
2021
2025 :
Government :
vte :
Nebraska Initiative 416, officially titled "Ban Same-Sex Marriage Act", was a 2000 ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriage, same-sex civil unions or domestic partnerships. The referendum was approved on November 7, 2000, by 70% of the voters. The initiative has since been struck down in federal court and same-sex marriage is now legally recognized in the state of Nebraska.
Article I-29. of the Nebraska Constitution remains an unconstitutional constitutional amendment to this day. It can repealed by either a initiated constitutional amendment, a state constitutional convention or by a legislatively referred constitutional amendment that requires a three-fifths vote in the Nebraska Legislature and a majority vote in a referendum.

## Text of amendment

The text of the amendment states:
   Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.
Those voting yes were voting in favor of the amendment and those voting no were voting against the amendment.

## Campaign

The petition drive that put the proposed amendment on the Nebraska ballot was organized by Guyla Mills, director of Nebraska Family Council. Mills said of her organization's motives: "This is not about hate, this is about love. The Defense of Marriage Act movement was just a platform we had to share the love of Jesus Christ."
A group called the Coalition for Protection of Marriage ran advertisements in support of the marriage ban. The coalition was chaired by former governor Kay Orr and Omaha businessman Bill Ramsey. Dan Parsons of Family First served as coalition spokesman. The LDS Church and Nebraska Catholic Conference were also coalition members.
The proposed amendment was opposed by United Students against 416, a group of University of Nebraska students, and by the Nebraska Coalition for Gay and Lesbian Civil Rights.

## Result

Initiative 416 :
| Choice | Votes | % |
| Yes | 477,571 | 70.10 |
| No | 203,667 | 29.90 |
| Valid votes | 681,231 | 100,00 |
| Total votes | 681,231 | 100.00 |

## Lawsuits

Several gay and lesbian advocacy organizations challenged this measure in Citizens for Equal Protection v. Bruning. In 2005, Judge Joseph Bataillon of the United States District Court for the District of Nebraska ruled that the measure violated the United States Constitution's guarantees of equal protection and free speech, as well as its prohibition on bills of attainder. In 2006, the United States Court of Appeals for the Eighth Circuit overturned Judge Bataillon and ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."
In 2015, in the matter of Waters v. Ricketts, Judge Bataillon of the District Court again ruled that the measure violated the U.S. Constitution, on equal protection and due process grounds. Though the state appealed and successfully sought a stay of the ruling to the Eighth Circuit Court of Appeals, the United States Supreme Court struck down same-sex marriage bans nationwide on identical grounds in the matter of Obergefell v. Hodges. Consequently, the Eighth Circuit Court lifted the stay of Judge Bataillon's ruling and Initiative 416 was formally struck down, with Nebraska officials and agencies formally enjoined from enforcing the ban on same-sex marriage in the state.

## Status

Following Obergefell v. Hodges the text of Initiative 416 is dead letter and is not enforced. It remains a part of the constitution.
The Nebraska Family Alliance and Nebraska Catholic Conference continue to oppose efforts to remove the text of Initiative 416 from the Constitution following the court rulings. Governor Pete Ricketts vetoed a bill to print marriages licenses to accommodate same-sex couples in 2019.