LGBT rights in Nebraska
| LGBT rights in Nebraska | |
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 Nebraska (US) |
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| Family rights |
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.
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Laws against homosexuality [edit]
All sodomy laws were repealed at the state level in June 1977.[1]
Recognition of same-sex relationships [edit]
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.[2] Similar restrictions appear in the state statutes as well.[3]
A federal court challenge to the constitutional amendment, Citizens for Equal Protection v. Bruning, won in the District Court in 2005,[4] but lost in the Court of Appeals in 2006.[5] Opponents of the constitutional amendment did not seek review of that decision by the Supreme Court.
Nebraska has extended hospital visitation rights to same-sex couples though a designated visitor statute.[6]
Adoption and parenting [edit]
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.[7]
Discrimination protection [edit]
No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[8]
Hate crime laws [edit]
Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.[9]
Public Opinion [edit]
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.[10]
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.[11]
See also [edit]
References [edit]
- ^ 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
- ^ Human Resources Campaign: Nebraska Marriage/Relationship Recognition Law , 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
- ^ Hospital Visitation Rights
- ^ Human Resources Campaign: NebraskaAdoption Law, accessed April 11, 2011
- ^ 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 8/19/2011.
- ^ [1], Nebraska supports Civil Unions September 30-October 2, 2011
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