Same-sex marriage in Nebraska
Same-sex marriage in Nebraska has been legally recognized since June 26, 2015, when the U.S. Supreme Court ruled in the case of "Obergefell v. Hodges" that the denial of marriage rights to same-sex couples violates the Fourteenth Amendment. Following the court ruling, the Attorney General, Doug Peterson, announced that the state of Nebraska would comply and recognize same-sex marriages. Legal history. In November 2000, Nebraska voters adopted Initiative Measure 416, a constitutional amendment defining marriage as the union of a man and a woman and prohibiting the recognition of same-sex relationships  under any other name. The measure passed with 70.10% in favour and 29.90% opposed. The state has only restricted marriage rights for same-sex couples in its state constitution; it has never passed a measure to that effect in the form of a statute passed in the Nebraska Legislature. Nebraska extended hospital visitation rights to same-sex couples through a designated visitor statute. Repeal of the same-sex marriage ban. In January 2016, decision began on whether the defunct same-sex marriage ban should be removed from the State Constitution. Senator Burke Harr argued that the Constitution should be consistent  with the law of the land regarding same-sex marriage. Such a change would require approval by voters. Two religious organizations opposed the measure, claiming it was "too costly" and that it would "only create more divisiveness". Senator Patty Pansing Brooks later said, "Enough hurt. Enough harm. Enough damage has been done by the religious institutions." Senator Matt Hansen also introduced bills to make all references to marriage gender-neutral in state statutes, though the bills failed to pass. In January 2021, Senator Pansing Brooks presented a ballot measure to repeal the state's defunct same-sex marriage ban. She  argued that "putting the issue on the ballot would allow voters to show that public attitudes toward same-sex marriage have changed in Nebraska". The proposal was referred to the Judiciary Committee, which approved the measure on February 11 by a 5–2 vote, but it was not voted on before the State Legislature adjourned "sine die" on May 27, 2021. Lawsuits. Section::::"Citizens for Equal Protection v. Bruning". In 2003, two LGBT advocacy organizations, Citizens for Equal Protection and the Nebraska Advocates for Justice and Equality, joined by the American Civil Liberties Union (ACLU) and also represented by Lambda Legal, filed  suit in the United States District Court for the District of Nebraska challenging the constitutionality of Initiative Measure 416. District Court Judge Joseph Bataillon ruled in favour 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. The state appealed the decision to the Eighth Circuit Court of Appeals and on July 14, 2006, in a unanimous opinion written by Chief Judge James B. Loken, the Eighth Court reversed the district court's decision on all three of  its conclusions. The plaintiffs' subsequent request for an Eighth Circuit rehearing "en banc" was denied and they elected to not file a petition for "certiorari" in the U.S. Supreme Court. Section::::"Waters v. Ricketts". On November 17, 2014, the ACLU filed a lawsuit, originally "Waters v. Heineman", in federal court on behalf of seven same-sex couples. The plaintiffs sought to overturn Nebraska's same-sex marriage ban and to have their out-of-state marriages recognized. The case became "Waters v. Ricketts" when Pete Ricketts succeeded Dave Heineman as governor in January 2015. On January 21, 2015, the state asked  for proceedings to be stayed pending action by the U.S. Supreme Court in related same-sex marriage cases, and on January 23 Senior Judge Joseph Bataillon cancelled a hearing he had scheduled for January 29. On January 27, he denied the state's request to suspend proceedings. He held oral argument on February 19. On March 2, he ruled for the plaintiffs, setting March 9 as the effective date of his order. Attorney General Doug Peterson immediately announced the state would appeal the ruling and asked the Eighth Circuit Court of Appeals to stay Judge Bataillon's order prohibiting enforcement  of the state's same-sex marriage ban. He requested a stay pending appeal the next day, which the Eighth Circuit granted on March 6, while also scheduling oral argument for May 12 alongside three other same-sex marriage cases. U.S. Supreme Court ruling. On June 26, 2015, following the decision of the U.S. Supreme Court in "Obergefell v. Hodges", Attorney General Peterson notified the Eighth Circuit that the state would no longer enforce its ban on marriage of same-sex couples. Same-sex couples began immediately marrying in Nebraska following the Supreme Court's ruling, with Kathy Pettersen and  Beverly Reicks being the first same-sex couple to file marriage paperwork at the Douglas County Clerk's Office on June 26, 2015. On July 1, 2015, the Eighth Circuit lifted the stay it had imposed on Judge Bataillon's order, allowing his prohibition on the enforcement of Nebraska's denial of marriage rights to same-sex couples to take effect. On February 6, 2016, Judge Bataillon issued a permanent injunction striking down the state's defunct same-sex marriage ban. Though a formality, the injunction ordered state officials to treat same-sex couples the same as opposite-sex couples  in everything from processing marriage certificates to issuing birth certificates, the latter something the state had previously attempted to ban same-sex couples from amending. Issuing marriage licenses. Following the Supreme Court's ruling in "Obergefell" on June 26, 2015, most Nebraska counties began immediately issuing marriage licenses to same-sex couples, or announced their willingness to do so. Officials in Buffalo, Dakota and Phelps counties initially reported they would not be issuing such licenses until they received further guidance from the state. However, both Governor Ricketts and Attorney General Peterson had announced by June 29, 2015 that the state  would comply with the court's ruling and those counties promptly followed that guidance. Sioux County clerk Michelle Zimmerman was the only county clerk in Nebraska to expressly state she would not issue a marriage license to a same-sex couple, though the county's deputy clerk confirmed on July 11, 2015 that the office would process the marriage licenses of any same-sex couples who wished to marry in the county. Kathy Pettersen and Beverly Reicks were the first same-sex couple to file marriage paperwork at the Douglas County Clerk's Office on June 26, 2015. Barbara DiBernard  and Judith Gibson were the first to wed in Lancaster County, which contains the capital city of Lincoln. Public opinion. !| Poll source !| Date(s)administered ! class=small | Samplesize ! error !| % support !| % opposition !| % no opinion