2000 Nebraska Initiative 416

{{Infobox referendum

| name = 2000 Nebraska Initiative 416

| title = 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?

| question =

| date = November 7, 2000

| country = Nebraska

| yes = 477,571

| no = 203,667

| total = 707,223

| electorate = 1,085,217

| turnoutpct = 62.77

| map=350px

| mapcaption={{col-begin}}

Yes

| notes = Source: [https://sos.nebraska.gov/sites/default/files/doc/elections/2000/2000%20General.pdf 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.{{cite book |last=Coolidge |first=David Orgon |title=A Public Faith: Evangelicals and Civic Engagement |year=2003 |url=https://books.google.com/books?id=zd0nDBb6VYYC&pg=PA98 |publisher=Rowman & Littlefield |page=98 |isbn=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.{{Cite web |title=Statewide General Election 2000 Results, Constitutional Amendments and Initiative Measures |url=http://www.sos.state.ne.us/elec/prev_elec/2000/pdf/416_and_417.pdf |archive-url=http://web.archive.org/web/20120205034519/http://www.sos.state.ne.us/elec/prev_elec/2000/pdf/416_and_417.pdf |archive-date=2012-02-05 |access-date=2006-12-17 |website=Nebraska Secretary of State |pages=21-22}}{{Cite web |last=Cunnigham |first=James |date=2014-10-17 |title=Nebraska and the Eighth Circuit stand out |url=https://www.lincolndiocese.org/op-ed/capitol-correspondent/2895-nebraska-and-the-eighth-circuit-stand-out |url-status=live |archive-url=https://web.archive.org/web/20150911151554/https://www.lincolndiocese.org/op-ed/capitol-correspondent/2895-nebraska-and-the-eighth-circuit-stand-out |archive-date=2015-09-11 |access-date=2025-04-13 |website=Catholic Diocese of Lincoln |publisher=Southern Nebraska Register |language=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 April 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.{{Citation needed|date=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.{{Cite web |title=Nebraska State Constitution, Article I, section 29 |url=https://nebraskalegislature.gov/laws/articles.php?article=I-29 |url-status=live |archive-url=https://web.archive.org/web/20170810033525/https://nebraskalegislature.gov/laws/articles.php?article=I-29 |archive-date=2017-08-10 |access-date=2014-07-21 |website=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". [http://journalstar.com/ 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.{{cite news |last=Hicks |first=Nancy |date=October 5, 2000 |title=Orr backs ban on same-sex marriages |url=https://www.newspapers.com/image/297708764/ |work=Lincoln Journal Star |access-date=July 22, 2020 }}{{Cite news |last=Belluck |first=Pam |date=2000-10-21 |title=Nebraskans to Vote on Most Sweeping Ban on Gay Unions |url=https://www.nytimes.com/2000/10/21/us/nebraskans-to-vote-on-most-sweeping-ban-on-gay-unions.html |archive-url=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 |archive-date=2015-05-27 |access-date=2025-04-20 |work=The New York Times |language=en-US |issn=0362-4331}}

The proposed amendment was opposed by United Students against 416, a group of University of Nebraska students, and by the Nebraska Coalition for Gay and Lesbian Civil Rights.

Result

{{Referendum

| title = Initiative 416{{cite web|url=http://uselectionatlas.org/RESULTS/state.php?fips=31&year=2000&f=0&off=61|title=2000 Initiative General Election Results (Nebraska)|publisher=US Election Atlas}}

| yes = 477,571

| yespct = 70.10

| no = 203,667

| nopct = 29.90

| valid = 681,231

| validpct = 100,00

| invalid =

| invalidpct =

| total = 681,231

| turnoutpct = ?

}}

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.{{Cite journal |last=Kreis |first=Anthony Michael |date=December 2017 |title=Amputating Rights-Making |url=https://hastingslawjournal.org/wp-content/uploads/Kreis-69.1.pdf |journal=Hastings Law Journal |volume=69 |pages=112-113 |archive-url=https://web.archive.org/web/20250426134314/https://hastingslawjournal.org/wp-content/uploads/Kreis-69.1.pdf |archive-date=2025-04-26 |access-date=2025-04-27 |via=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.{{Cite web |date=2005-05-12 |title=Citizens for Equal Protection, Inc. v. Bruning |url=https://www.courtlistener.com/opinion/2529342/citizens-for-equal-protection-inc-v-bruning/ |archive-url=https://web.archive.org/web/20250426130428/https://www.courtlistener.com/opinion/2529342/citizens-for-equal-protection-inc-v-bruning/ |archive-date=2025-04-26 |access-date=2025-04-27 |website=CourtListener |language=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.{{Cite web |last=Pluhacek |first=Zach |date=2014-11-17 |title=7 couples sue over Nebraska’s gay marriage ban |url=https://siouxcityjournal.com/news/local/7-couples-sue-over-nebraska-s-gay-marriage-ban/article_08889fcb-07e9-57bf-b875-43d61cd1e67e.html |archive-url=https://web.archive.org/web/20250426121430/hhttps://siouxcityjournal.com/news/local/7-couples-sue-over-nebraska-s-gay-marriage-ban/article_08889fcb-07e9-57bf-b875-43d61cd1e67e.html |archive-date=2025-04-26 |access-date=2025-04-27 |website=Sioux City Journal |language=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."{{Cite web |date=2006-07-14 |title=United States Court of Appeals for the Eight Circuit, No. 05-2604 |url=http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf |url-status=dead |archive-url=https://web.archive.org/web/20111213233153/http://www.ca8.uscourts.gov/opndir/06/07/052604P.pdf |archive-date=2011-12-13 |access-date=2025-04-27 |website=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.{{Cite web |date=2014-11-17 |title=Waters v Heineman |url=https://s3-us-west-2.amazonaws.com/ftm-assets/ftm/archive/files/pdfs/WatersvHeineman.pdf |archive-url=https://web.archive.org/web/20170113030824/https://s3-us-west-2.amazonaws.com/ftm-assets/ftm/archive/files/pdfs/WatersvHeineman.pdf |archive-date=2017-01-13 |access-date=2025-05-04 |website=Amazon S3}}{{Cite web |date=2015-06-26 |title=The Freedom to Marry in Nebraska |url=https://www.freedomtomarry.org/states/nebraska |archive-url=https://web.archive.org/web/20160220235247/https://www.freedomtomarry.org/states/nebraska |archive-date=2016-02-20 |access-date=2025-05-04 |website=www.freedomtomarry.org |language=en}} The case was renamed Waters v. Ricketts in 2015 when Peter Ricketts succeeded Dave Heineman as Governor. Judge {{not a typo|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.{{Cite web |date=2015-01-22 |title=Waters v. Ricketts Case No. 8:14-CV-356 |url=https://www.aclu.org/wp-content/uploads/legal-documents/043_State_Defs_Brief_in_Opp_to_Mot_for_PI_-_2015.01.22.pdf |archive-url=https://web.archive.org/web/20240630015254/ttps://www.aclu.org/wp-content/uploads/legal-documents/043_State_Defs_Brief_in_Opp_to_Mot_for_PI_-_2015.01.22.pdf |archive-date=2024-06-30 |access-date=2025-05-04 |website=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.{{Cite web |title=Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court |url=https://constitution.congress.gov/resources/unconstitutional-laws/ |archive-url=https://web.archive.org/web/20191227122950/https://constitution.congress.gov/resources/unconstitutional-laws/ |archive-date=2019-12-27 |access-date=2025-05-04 |website=constitution.congress.gov |language=en}} With this Supreme Court decision, the Eighth Circuit Court lifted the stay of Judge {{proper name|Bataillon}}'s ruling, officially negating Initiative 416.{{Cite web |date=2015-03-02 |title=United States Court of Appeals for the Eighth Circuit, No: 15-1452 |url=https://www.washingtonblade.com/content/files/2015/03/257818046-15-1452-Stay-Granted.pdf |archive-url=https://web.archive.org/web/20250505000304/https://www.washingtonblade.com/content/files/2015/03/257818046-15-1452-Stay-Granted.pdf |archive-date=2025-05-05 |access-date=2025-05-04 |website=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.{{Cite web |date=2016-02-05 |title=Judge’s order strikes down Nebraska ban on gay marriage |url=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 |url-status=dead |archive-url=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 |archive-date=2016-02-08 |access-date=2025-05-18 |website=Sioux City Journal |language=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.{{cite news |last=Pluhacek |first=Zach |date=January 27, 2016 |title=Religious groups want Nebraska's gay marriage ban kept on the books |url=https://journalstar.com/legislature/religious-groups-want-nebraska-s-gay-marriage-ban-kept-on/article_43e2e479-7aab-53de-9721-9bfb6304f42d.html |work=Lincoln Journal Star |access-date=July 22, 2020 }}{{cite news |last=Stoddard |first=Martha |date=June 28, 2020 |title=5 years after landmark ruling, gay marriage more accepted but still controversial in Nebraska |url=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 |url-status= |archive-url=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 |archive-date=2020-07-23 |access-date=July 23, 2020 |work=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.”