Nebraska Initiative 416
Nebraska Initiative 416 was a 2000 ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriage or civil unions. The referendum was approved on November 7, 2000, by 70% of the voters.[1]
The text of the amendment states:
Only marriage between a man and a woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in a civil union, domestic partnership, or other similar same-sex relationship shall not be valid or recognized in Nebraska.[2]
Several gay and lesbian advocacy organizations challenged this measure in Citizens for Equal Protection v. Bruning. In 2005, Judge Joseph F. Bataillon of the United States District Court for the District of Nebraska ruled that the measure violated the United States Constitution's guarantees of equal protection and free speech, as well as its prohibition on bills of attainder. In 2006, the United States Court of Appeals for the Eighth Circuit overturned Judge Bataillon and ruled that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."
See also
References
|
|---|
| | | | Same-sex marriage legalized | |
|---|
| Marriage bans struck down by courts,
stayed under appeal | |
|---|
| | Marriage bans upheld by courts | |
|---|
| | Same-sex marriage recognized but not performed | |
|---|
| | Civil union or domestic partnership legal | |
|---|
| | Same-sex marriage prohibited by statute | |
|---|
| Same-sex marriage prohibited
by constitutional amendment | |
|---|
| Same-sex marriage and civil unions prohibited
by constitutional amendment | |
|---|
| All types of same-sex unions prohibited
by constitutional amendment | |
|---|
| Recognition of same-sex unions undefined
by statute or constitutional amendment
| |
|---|
| Notes
1 In Kansas and Missouri, marriage bans were struck down by their relevant appeals court but licenses are only issued in select counties.
2 Marriages were entered into before the relevant rulings were stayed, and are recognised by the federal government. Over 300 "window marriages" are also recognised by the state government of Michigan.
3 Only for the purposes of death certificates. |
|
U.S. same-sex unions ballot measures |
|---|
| | 1990s | |
|---|
| | 2000s |
- California Proposition 22 (2000, Ban)
- Nebraska Initiative 416 (2000, Ban)
- Nevada Question 2 (2002, Ban)
- Arkansas Constitutional Amendment 3 (2004, Ban)
- Georgia Constitutional Amendment 1 (2004, Ban)
- Kentucky Constitutional Amendment 1 (2004, Ban)
- Louisiana Constitutional Amendment 1 (2004, Ban)
- Michigan Proposal 04-2 (2004, Ban)
- Mississippi Amendment 1 (2004, Ban)
- Missouri Constitutional Amendment 2 (2004, Ban)
- Montana Initiative 96 (2004, Ban)
- North Dakota Constitutional Measure 1 (2004, Ban)
- Ohio Issue 1 (2004, Ban)
- Oklahoma Question 711 (2004, Ban)
- Oregon Ballot Measure 36 (2004, Ban)
- Utah Constitutional Amendment 3 (2004, Ban)
- Kansas Amendment 1 (2005)
- Texas Proposition 2 (2005, Ban)
- Alabama Amendment 774 (2006)
- Arizona Proposition 107 (2006, Constitutional ban defeated)
- Colorado Amendment 43 (2006, Ban)
- Idaho Amendment 2 (2006)
- South Carolina Amendment 1 (2006, Ban)
- South Dakota Amendment C (2006)
- Tennessee Amendment 1 (2006, Ban)
- Marshall-Newman Amendment (Virginia) (2006, Ban)
- Wisconsin Referendum 1 (2006, Ban)
- Arizona Proposition 102 (2008, Ban)
- California Proposition 8 (2008, Ban)
- Florida Amendment 2 (2008, Ban)
- Maine Question 1 (2009, Legalizing legislation defeated)
|
|---|
| | 2010s | |
|---|
| |
|