2000 Nebraska Initiative 416

Referendum to ban same-sex marriage February 2026 September 2023 2000 Nebraska Initiative 416 Ban Same-Sex Marriage Act Shall the Nebraska Constitution be amended to provide that only marriage between a man and a woman shall be valid or recognized in Nebraska, and to provide further that 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? November 7, 2000 Nebraska 477,571 203,667 707,223 1,085,217 62.77 350px County results Yes #2B2457 90%–100% 1px #AAAAAA solid #28497C 80%–90% 1px #AAAAAA solid #47729E 70%–80% 1px #AAAAAA solid #7D9CBB 60%–70% 1px #AAAAAA solid #B6C8D9 50%–60% 1px #AAAAAA solid Source:Official report of the Board of State Canvassers of the state of Nebraska General Election November 7, 2000 Nebraska Initiative 416, officially titled "Ban Same-Sex Marriage Act", was a 2000 ballot initiative that amended the Nebraska Constitution to make it unconstitutional for the state to recognize or perform same-sex marriage, same-sex civil unions, or domestic partnerships.Coolidge David Orgon A Public Faith: Evangelicals and Civic Engagement 2003 https://books.google.com/books?id=zd0nDBb6VYYC&pg=PA98 Rowman & Littlefield 98 978-0742531017 The referendum was approved on November 7, 2000, by 70% of the voters, and it became Article I-29 of the state's Constitution.Statewide General Election 2000 Results, Constitutional Amendments and Initiative Measures http://www.sos.state.ne.us/elec/prev_elec/2000/pdf/416_and_417.pdf https://web.archive.org/web/20120205034519/http://www.sos.state.ne.us/elec/prev_elec/2000/pdf/416_and_417.pdf 2012-02-05 2006-12-17 Nebraska Secretary of State 21–22Cunnigham James 2014-10-17 Nebraska and the Eighth Circuit stand out https://www.lincolndiocese.org/op-ed/capitol-correspondent/2895-nebraska-and-the-eighth-circuit-stand-out live https://web.archive.org/web/20150911151554/https://www.lincolndiocese.org/op-ed/capitol-correspondent/2895-nebraska-and-the-eighth-circuit-stand-out 2015-09-11 2025-04-13 Catholic Diocese of Lincoln Southern Nebraska Register en The initiative has since been struck down in federal court and same-sex marriage is now legally recognized in the state of Nebraska. As of 2025, Article I-29 of the Nebraska Constitution remains an unconstitutional constitutional amendment. It can repealed by either an initiated constitutional amendment, a state constitutional convention, or by a legislatively referred constitutional amendment that requires a three-fifths vote in the Nebraska Legislature and a majority vote in a referendum.April 2025 Text of amendment 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.Nebraska State Constitution, Article I, section 29 https://nebraskalegislature.gov/laws/articles.php?article=I-29 live https://web.archive.org/web/20170810033525/https://nebraskalegislature.gov/laws/articles.php?article=I-29 2017-08-10 2014-07-21 Nebraska Legislature Those voting yes were voting in favor of the amendment and those voting no were voting against the amendment. Campaign The petition drive that put the proposed amendment on the Nebraska ballot was organized by Guyla Mills, director of Nebraska Family Council. Mills explained her organization's motives, stating: "This is not about hate, this is about love. The Defense of Marriage Act movement was just a platform we had to share the love of Jesus Christ."Baker, Tess N. (January 12, 2001). "Family Council celebrates". Lincoln Journal Star. Retrieved July 7, 2019. A group called the Coalition for Protection of Marriage ran advertisements in support of the marriage ban. The coalition was chaired by former governor Kay Orr and Omaha businessman Bill Ramsey. Dan Parsons of Family First, a Christian-based policy group, served as the coalition spokesman. The LDS Church and Nebraska Catholic Conference were also coalition members.Hicks Nancy October 5, 2000 Orr backs ban on same-sex marriages https://www.newspapers.com/image/297708764/ Lincoln Journal Star July 22, 2020 Belluck Pam 2000-10-21 Nebraskans to Vote on Most Sweeping Ban on Gay Unions https://www.nytimes.com/2000/10/21/us/nebraskans-to-vote-on-most-sweeping-ban-on-gay-unions.html https://web.archive.org/web/20150527140246/https://www.nytimes.com/2000/10/21/us/nebraskans-to-vote-on-most-sweeping-ban-on-gay-unions.html 2015-05-27 2025-04-20 The New York Times en-US 0362-4331 The proposed amendment was opposed by United Students against 416, a group of University of Nebraska–Lincoln students, and by the Nebraska Coalition for Gay and Lesbian Civil Rights. Result Initiative 416http://uselectionatlas.org/RESULTS/state.php?fips=31&year=2000&f=0&off=61 2000 Initiative General Election Results (Nebraska) US Election Atlas 477571 681231 203667 ? Lawsuits In 2003, a coalition of gay and lesbian advocacy organizations challenged the constitutionality of Article I, Section 29 of Nebraska's Constitution in Citizens for Equal Protection v. Bruning. In 2005, Judge Joseph Bataillon of the United States District Court for the District of Nebraska ruled in favor of the plaintiffs, declaring that Section 29 was unconstitutional and its enforcement was permanently enjoined.Kreis Anthony Michael December 2017 Amputating Rights-Making https://hastingslawjournal.org/wp-content/uploads/Kreis-69.1.pdf Hastings Law Journal 69 112–113 https://web.archive.org/web/20250426134314/https://hastingslawjournal.org/wp-content/uploads/Kreis-69.1.pdf 2025-04-26 2025-04-27 Hastings Law Journal Judge Bataillon determined that this law violated the United States Constitution's Equal Protection Clause, the First Amendment, and the prohibition on bills of attainder found in the Contract Clause.2005-05-12 Citizens for Equal Protection, Inc. v. Bruning https://www.courtlistener.com/opinion/2529342/citizens-for-equal-protection-inc-v-bruning/ https://web.archive.org/web/20250426130428/https://www.courtlistener.com/opinion/2529342/citizens-for-equal-protection-inc-v-bruning/ 2025-04-26 2025-04-27 CourtListener en-us However, in 2006, the United States Court of Appeals for the Eighth Circuit overturned Judge Bataillon's decision using a traditional rational basis review.Pluhacek Zach 2014-11-17 7 couples sue over Nebraska's gay marriage ban https://siouxcityjournal.com/news/local/7-couples-sue-over-nebraska-s-gay-marriage-ban/article_08889fcb-07e9-57bf-b875-43d61cd1e67e.html https://web.archive.org/web/20250426121430/https://siouxcityjournal.com/news/local/7-couples-sue-over-nebraska-s-gay-marriage-ban/article_08889fcb-07e9-57bf-b875-43d61cd1e67e.html 2025-04-26 2025-04-27 Sioux City Journal en The Eighth Circuit concluded that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States."2006-07-14 United States Court of Appeals for the Eight Circuit, No. 05-2604 http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf dead https://web.archive.org/web/20111213233153/http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf 2011-12-13 2025-04-27 United States Court of Appeals for the Eight Circuit On November 17, 2014, the ACLU filed a lawsuit, Waters et al. v. Heineman, in federal court on behalf of seven same-sex couples seeking to overturn Nebraska's ban on same-sex marriage.2014-11-17 Waters v Heineman https://s3-us-west-2.amazonaws.com/ftm-assets/ftm/archive/files/pdfs/WatersvHeineman.pdf https://web.archive.org/web/20170113030824/https://s3-us-west-2.amazonaws.com/ftm-assets/ftm/archive/files/pdfs/WatersvHeineman.pdf 2017-01-13 2025-05-04 Amazon S32015-06-26 The Freedom to Marry in Nebraska https://www.freedomtomarry.org/states/nebraska https://web.archive.org/web/20160220235247/https://www.freedomtomarry.org/states/nebraska 2016-02-20 2025-05-04 www.freedomtomarry.org en The case was renamed Waters v. Ricketts in 2015 when Peter Ricketts succeeded Dave Heineman as Governor. Judge Bataillon of the District Court again presided over the case and ruled once again that the measure violated the U.S. Constitution on the grounds of equal protection and due process.2015-01-22 Waters v. Ricketts Case No. 8:14-CV-356 https://www.aclu.org/wp-content/uploads/legal-documents/043_State_Defs_Brief_in_Opp_to_Mot_for_PI_-_2015.01.22.pdf https://web.archive.org/web/20240630015254/https://www.aclu.org/wp-content/uploads/legal-documents/043_State_Defs_Brief_in_Opp_to_Mot_for_PI_-_2015.01.22.pdf 2024-06-30 2025-05-04 ACLU Although the state appealed and successfully obtained a stay of the ruling from the Eighth Circuit Court of Appeals, the United States Supreme Court ultimately struck down same-sex marriage bans nationwide based on identical grounds in the matter of Obergefell v. Hodges.Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court https://constitution.congress.gov/resources/unconstitutional-laws/ https://web.archive.org/web/20191227122950/https://constitution.congress.gov/resources/unconstitutional-laws/ 2019-12-27 2025-05-04 constitution.congress.gov en With this Supreme Court decision, the Eighth Circuit Court lifted the stay of Judge Bataillon's ruling, officially negating Initiative 416.2015-03-02 United States Court of Appeals for the Eighth Circuit, No: 15-1452 https://www.washingtonblade.com/content/files/2015/03/257818046-15-1452-Stay-Granted.pdf https://web.archive.org/web/20250505000304/https://www.washingtonblade.com/content/files/2015/03/257818046-15-1452-Stay-Granted.pdf 2025-05-05 2025-05-04 Washington Blade As a result, Nebraska officials and agencies are formally prohibited from enforcing the ban on same-sex marriage in the state. Status In February 2016, Judge Bataillon issued a permanent injunction that overturned the state's now-defunct ban on same-sex marriage. The ruling mandated that state officials regard same-sex couples equally to opposite-sex couples in all matters, including the processing of marriage licenses and the issuance of birth certificates.2016-02-05 Judge's order strikes down Nebraska ban on gay marriage http://siouxcityjournal.com/news/state-and-regional/nebraska/judge-s-order-strikes-down-nebraska-ban-on-gay-marriage/article_7a3e9bb8-8155-5249-bed8-9317f01ce177.html dead https://web.archive.org/web/20160208055555/http://siouxcityjournal.com/news/state-and-regional/nebraska/judge-s-order-strikes-down-nebraska-ban-on-gay-marriage/article_7a3e9bb8-8155-5249-bed8-9317f01ce177.html 2016-02-08 2025-05-18 Sioux City Journal en Following Obergefell v. Hodges the text of Initiative 416 is dead letter and is not enforced. It remains a part of the constitution. The Nebraska Family Alliance and Nebraska Catholic Conference continue to oppose efforts to remove the text of Initiative 416 from the Constitution following the court rulings.Pluhacek Zach January 27, 2016 Religious groups want Nebraska's gay marriage ban kept on the books https://journalstar.com/legislature/religious-groups-want-nebraska-s-gay-marriage-ban-kept-on/article_43e2e479-7aab-53de-9721-9bfb6304f42d.html Lincoln Journal Star July 22, 2020 Stoddard Martha June 28, 2020 5 years after landmark ruling, gay marriage more accepted but still controversial in Nebraska https://omaha.com/news/state_and_regional/5-years-after-landmark-ruling-gay-marriage-more-accepted-but-still-controversial-in-nebraska/article_5aedfc7c-4f66-593c-aeaa-72f0ac76b92a.html https://web.archive.org/web/20200723200905/https://omaha.com/news/state_and_regional/5-years-after-landmark-ruling-gay-marriage-more-accepted-but-still-controversial-in-nebraska/article_5aedfc7c-4f66-593c-aeaa-72f0ac76b92a.html 2020-07-23 July 23, 2020 Omaha World-Herald In 2019, Governor Pete Ricketts vetoed a bill that would require marriage applications, licenses and certificates to refer to a married couple as “Applicant 1" and “Applicant 2.” See also Same-sex marriage in Nebraska LGBT rights in Nebraska U.S. state constitutional amendments banning same-sex unions References Category:2000 ballot measures in the United States Category:2000 in LGBTQ history Category:2000 Nebraska elections Category:Initiatives in the United States Category:LGBTQ history in Nebraska Category:Nebraska ballot measures Category:Same-sex marriage ballot measures in the United States Category:U.S. state constitutional amendments banning same-sex unions