Same-sex marriage in Nebraska

Same-sex marriage has been legally recognised in the U.S. state of Nebraska since June 26, 2015, when the U.S. Supreme Court in the case of Obergefell v. Hodges ruled the denial of marriage rights to same-sex couples unconstitutional. Following the Court's ruling, the Attorney General of Nebraska announced that the state would comply with the ruling.

In November 2000, Nebraska voters adopted Initiative Measure 416 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. The measure passed with 70.10% in favour and 29.90% opposed. Nebraska 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 Legislature.

Nebraska extended hospital visitation rights to same-sex couples through a designated visitor statute.

In January 2016, decision began on whether the now defunct same-sex marriage ban should be removed from the Constitution. Senator Burke Harr argued that Nebraska's Constitution should be consistent with the law of the land regarding same-sex marriage. Such a change to the Constitution would require a majority of voters in favor. 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."

Furthermore, Senator Matt Hansen introduced two bills to the Legislature. LB 943 which would make some references to marriage gender-neutral in state statute. LB 944 which would replace some mentions to "father and mother" with "parents".

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 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 F. Bataillon ruled in favour of the same-sex couple 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.

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