Nebraska Initiative Measure 416 (2000)

Nebraska Initiative Measure 416 (2000)
Legal recognition of
same-sex relationships
Marriage

Argentina
Belgium
Canada
Iceland
Netherlands

Norway
Portugal
South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: Mexico City
United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish

Recognized, not performed

Aruba (Netherlands only)
Curaçao (Netherlands only)
Israel
Mexico: all states (Mexico City only)
Sint Maarten (Netherlands only)
United States: CA (conditional), MD

Civil unions and
registered partnerships

Andorra
Austria
Brazil
Colombia
Czech Republic
Denmark
Ecuador
Finland
France
- New Caledonia
- Wallis and Futuna
Germany

Greenland
Hungary
Ireland
Isle of Man
Liechtenstein
Luxembourg
New Zealand
Slovenia
Switzerland
United Kingdom
Uruguay

Performed in some jurisdictions

Australia: ACT, NSW, TAS, VIC
Mexico: COA
United States: CA, CO, DE, HI, IL, ME, NJ, NV, OR, RI, WA, WI

Unregistered cohabitation

Australia
Croatia

Israel

Recognized in some jurisdictions

United States: MD

See also

Same-sex marriage
Same-sex marriage legislation
Timeline of same-sex marriage
Recognition of same-sex unions in Europe
Marriage privatization
Civil union
Domestic partnership
Listings by country

LGBT portal
v · d · e

Nebraska Initiative Measure 416 of 2000 is a ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved 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

  • LGBT rights in Nebraska

References

  1. ^ Statewide General Election 2000 Results, Constitutional Amendments and Initiative Measures, Nebraska Secretary of State, p. 21-22. Accessed 17 December 2006.
  2. ^ Nebraska State Constitution, Article I, section 29, Nebraska Legislative Documents Legislature. Accessed 15 December 2006.

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