LGBTQ rights in Nebraska: Difference between revisions
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==Recognition of same-sex relationships== |
==Recognition of same-sex relationships== |
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Nebraska voters adopted a [[Nebraska Initiative Measure 416 (2000)|constitutional amendment]] in November 2000 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name.<ref>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, [http://books.google.com/books?id=zd0nDBb6VYYC&pg=PA98& available online], accessed April 11, 2011</ref> Similar restrictions appear in the state statutes as well.<ref>Human Resources Campaign: [http://www.hrc.org/ |
Nebraska voters adopted a [[Nebraska Initiative Measure 416 (2000)|constitutional amendment]] in November 2000 that defined marriage as the union of a man and a women and prohibited the recognition of same-sex relationships under any other name.<ref>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, [http://books.google.com/books?id=zd0nDBb6VYYC&pg=PA98& available online], accessed April 11, 2011</ref> Similar restrictions appear in the state statutes as well.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/nebraska-marriage-relationship-recognition-law Nebraska Marriage/Relationship Recognition Law ], accessed April 11, 2011</ref> |
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A federal court challenge to the constitutional amendment, ''[[Citizens for Equal Protection v. Bruning]]'', won in the [[United States District Court for the District of Nebraska|District Court]] in 2005,<ref>''Omaha World-Herald'': [http://ads.omaha.com/media/maps/pdfs/0512initiative.pdf ''Citizens for Equal Protection v. Bruning'', May 12, 2005 ], accessed April 11, 2011</ref> but lost in the [[United States Court of Appeals for the Eighth Circuit|Court of Appeals]] in 2006.<ref>U.S. Court of Appeals for the Eighth Circuit: [http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf ''Citizens for Equal Protection v. Bruning'', July 14, 2006], accessed April 11, 2011</ref> Opponents of the constitutional amendment did not seek review of that decision by the [[Supreme Court]]. |
A federal court challenge to the constitutional amendment, ''[[Citizens for Equal Protection v. Bruning]]'', won in the [[United States District Court for the District of Nebraska|District Court]] in 2005,<ref>''Omaha World-Herald'': [http://ads.omaha.com/media/maps/pdfs/0512initiative.pdf ''Citizens for Equal Protection v. Bruning'', May 12, 2005 ], accessed April 11, 2011</ref> but lost in the [[United States Court of Appeals for the Eighth Circuit|Court of Appeals]] in 2006.<ref>U.S. Court of Appeals for the Eighth Circuit: [http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf ''Citizens for Equal Protection v. Bruning'', July 14, 2006], accessed April 11, 2011</ref> Opponents of the constitutional amendment did not seek review of that decision by the [[Supreme Court]]. |
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==Adoption and parenting== |
==Adoption and parenting== |
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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.<ref>Human Resources Campaign: [http://www.hrc.org/ |
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.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/nebraska-adoption-law NebraskaAdoption Law], accessed April 11, 2011</ref> |
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==Discrimination protection== |
==Discrimination protection== |
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No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/ |
No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/nebraska-non-discrimination-law1 Nebraska Non-Discrimination Law], accessed April 11, 2011</ref> |
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==Hate crime laws== |
==Hate crime laws== |
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Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/ |
Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.<ref>Human Resources Campaign: [http://www.hrc.org/laws-and-legislation/entry/nebraska-hate-crimes-law Nebraska Hate Crimes Law], accessed April 11, 2011</ref> |
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==Public Opinion== |
==Public Opinion== |
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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.<ref>[http://www.publicpolicypolling.com/pdf/2011/PPP_Release_NE_1013.pdf], Nebraska supports Civil Unions September 30-October 2, 2011</ref> |
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.<ref>[http://www.publicpolicypolling.com/pdf/2011/PPP_Release_NE_1013.pdf], Nebraska supports Civil Unions September 30-October 2, 2011</ref> |
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Revision as of 13:29, 2 February 2012
LGBTQ rights in Nebraska | |
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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.[1]
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 women 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.
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.[6]
Discrimination protection
No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.[7]
Hate crime laws
Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.[8]
Public Opinion
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.[9]
See also
References
- ^ 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
- ^ 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
- ^ [1], Nebraska supports Civil Unions September 30-October 2, 2011
