LGBT rights in Nebraska
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 state of Nebraska face some legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...

 residents. Same-sex sexual activity is legal in Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....

. Same-sex couples and families headed by same-sex couples do not have the same protections as opposite-sex couples.

Recognition of same-sex relationships

Nebraska voters adopted a constitutional amendment
Nebraska Initiative Measure 416 (2000)
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....

 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. Similar restrictions appear in the state statutes as well.

A federal court challenge to the constitutional amendment, Citizens for Equal Protection v. Bruning
Citizens for Equal Protection v. Bruning
Citizens for Equal Protection v. Bruning, 455 F.3d 859 , was a federal lawsuit filed in the United States District Court for the District of Nebraska and decided on appeal by the United States Court of Appeals for the Eighth Circuit challenging the federal constitutionality of Nebraska Initiative...

, won in the District Court
United States District Court for the District of Nebraska
The United States District Court for the District of Nebraska is the Federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha, Lincoln, and North Platte....

 in 2005, but lost in the Court of Appeals
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...

 in 2006. Opponents of the constitutional amendment did not seek review of that decision by the Supreme Court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex 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.

Discrimination protection

No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity.

Hate crime laws

Nebraska's hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.

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.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK