LGBT rights in Nebraska
|LGBT rights in Nebraska|
|Same-sex sexual activity legal?||Legal since 1977|
|Same-sex marriage and civil unions banned by the state constitution|
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.
Laws against homosexuality
All sodomy laws were repealed at the state level in June 1977.
Recognition of same-sex relationships
Nebraska voters adopted a constitutional amendment in November 2000 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name.
A federal court challenge to the constitutional amendment, Citizens for Equal Protection v. Bruning, won in the U.S. District Court in 2005, but lost in the Eighth Circuit Court of Appeals in 2006. Opponents of the constitutional amendment did not seek review of that decision by the U.S. Supreme Court.
Nebraska has extended hospital visitation rights to same-sex couples through a designated visitor statute.
On August 30, 2013, the Lancaster County District Court refused to grant a divorce to two women who married in Iowa in 2009. Bonnie Nichols filed an appeal with the state appellate court. In March 2014, the Nebraska Supreme Court accepted a petition to hear the case, Nichols v. Nichols, but in June dismissed it as premature for procedural reasons.
Adoption and parenting
Nebraska permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples. Second-parent adoptions by one party to a same-sex couple terminates the parental rights of the other party.
On August 27, 2013, three same-sex couples filed a lawsuit against the state seeking the right to serve as foster and adoptive parents. It claimed that the state's policy against allowing two unrelated adults to adopt has been consistently enforced only against same-sex couples.
No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.
Hate crime laws
Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.
An August 2011 poll found that 42% of Nebraskans were in favor of same sex marriage and 51% were opposed. The polling results also showed that a majority of Omaha residents favor legal gay marriage. 54% of the city favored gay marriage and 40% were opposed.
A September 2011 Public Policy Polling survey found that 36% of Nebraska voters thought same-sex marriage should be legal, while 54% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 64% of Nebraska voters supported the legal recognition of same-sex couples, with 30% supporting same-sex marriage, 34% supporting civil unions, but not marriage, 34% favoring no legal recognition and 2% not sure.
- William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2010
- David Orgon Coolidge, "Evangelicals and the Same-Sex 'Marriage' Debate," in Michael Cromartie, ed., A Public Faith: Evangelicals and Civic Engagement (Washington, DC: Ethics and Public Policy Center, 2003), 98-99, available online, accessed April 11, 2011
- Omaha World-Herald: Citizens for Equal Protection v. Bruning, May 12, 2005 , accessed April 11, 2011
- U.S. Court of Appeals for the Eighth Circuit: Citizens for Equal Protection v. Bruning, July 14, 2006, accessed April 11, 2011
- Pierceson, Jason (2014). Same-Sex Marriage in the United States: The Road to the Supreme Court and Beyond. Rowman & Littlefield Publishers. p. 213. Retrieved July 25, 2014.
- "Hospital Visitation Rights". Hrc.org. Retrieved 2013-12-05.
- Bergin, Nicholas (March 28, 2014). "Same-sex couple asks Nebraska court to allow divorce". Journal Star. Retrieved April 1, 2014.
- Stoddard, Martha; Hammel, Paul (June 13, 2014). "Nebraska Supreme Court judges say appeal premature in same-sex marriage case". Omaha World-Herald. Retrieved July 25, 2014.
- Human Resources Campaign: NebraskaAdoption Law, accessed April 11, 2011
- O'Brien, Brendan (August 27, 2013). "Couples challenge Nebraska ban on gay adoptive and foster parents". Reuters. Retrieved August 29, 2013.
- Human Resources Campaign: Nebraska Non-Discrimination Law, accessed April 11, 2011
- Human Resources Campaign: Nebraska Hate Crimes Law, accessed April 11, 2011
- "Poll: Gay-marriage opposition dips". Livewell Nebraska. Retrieved 2011-08-19.
- , Nebraska supports Civil Unions September 30-October 2, 2011