Nebraska Marriage Definition Amendment, Initiative 416 (2000)
Marriage and Family
|Not on ballot|
The Nebraska Marriage Definition Amendment, also known as Initiative 416 or the Ban Same Sex Marriage Act, was an initiated constitutional amendment on the November 7, 2000 election ballot in Nebraska, where it was approved. The amendment was overturned in 2015.
Initiative 416 amended the Nebraska Constitution to "provide that only marriage between a man and a woman shall be valid or recognized in Nebraska, and to provide 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."
Waters v. Ricketts
Judge Joseph Bataillon of the U.S. District Court for Nebraska stuck down the state's ban on same-sex marriages. He deemed the ban an "unabashedly gender-specific infringement of the equal rights of its citizens."
On March 6, 2015, the U.S. Eight Circuit Court of Appeals put Bataillon's ruling on hold. The court has scheduled arguments for the case, which will also include similar bans in South Dakota, Arkansas and Missouri, on May 11, 2015.
|Nebraska Initiative 416 (2000)|
|Overturned Case:Waters v. Ricketts|
Official results via: Nebraska Blue Book 2008-09 (p.263)
Text of measure
The language that appeared on the ballot:
- A vote "FOR" will amend the Nebraska Constitution to provide that only marriage between a man and a woman shall be valid or recognized in Nebraska, and to provide 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.
- A vote "AGAINST" will not amend the Nebraska Constitution in the manner described above.
- 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?.
Voters in 30 states have approved legislatively-referred constitutional amendments or initiated constitutional amendments prohibiting same-sex marriages at the ballot box. The first constitutional prohibition was in 1998, and the latest one occurred in May 2012. Most of these amendments define marriage along the lines of a "union of one male and one female."
The following constitutional bans were approved by voters, but later overturned by courts:
- Alaska Marriage Amendment, Measure 2 (1998)
- Nevada Marriage Amendment, Question 2 (2002)
- Montana Marriage Verification, Measure CI-96 (2004)
- Oklahoma Marriage Question 711 (2004)
- Oregon Marriage Measure 36 (2004)
- Utah Same-Sex Marriage Ban, Amendment 3 (2004)
- Kansas Marriage Amendment (2005)
- Alabama Sanctity of Marriage, Constitutional Amendment 774 (June 2006)
- Colorado Definition of Marriage, Initiative 43 (2006)
- Idaho Marriage Definition, HJR 2 (2006)
- South Carolina Amendment 1, the Marriage Act (2006)
- Virginia Question 1, Marriage Amendment (2006)
- Wisconsin Marriage Amendment, Question 1 (2006)
- Arizona Marriage Protection, Proposition 102 (2008)
- California Proposition 8, the "Eliminates Right of Same-Sex Couples to Marry" Initiative (2008)
- Florida Definition of Marriage, Amendment 2 (2008)
- North Carolina Same-Sex Marriage, Amendment 1 (May 2012)
Cases overturning the following bans have been appealed to higher courts and are currently stayed:
- Nebraska Marriage Definition Amendment, Initiative 416 (2000)
- Missouri Marriage Definition, Amendment 2 (August 2004)
- Note: Same-sex marriage is legal in St. Louis County and the state recognizes same-sex marriages.
- Mississippi Marriage Definition, Amendment 1 (2004)
- Arkansas Same-Sex Marriage Ban, Proposed Constitutional Amendment 3 (2004)
- South Dakota Marriage Amendment (2006)
- Texas Definition of Marriage Act, Proposition 2 (2005)
The following constitutional bans were approved by voters and have been upheld or not overturned by courts:
- Louisiana Marriage Amendment, Question 1 (September 2004)
- Georgia Marriage Amendment, Question 1 (2004)
- Kentucky Marriage Amendment (2004)
- Michigan Marriage Amendment, Proposal 2 (2004)
- North Dakota Definition of Marriage, Constitutional Measure 1 (2004)
- Ohio Issue 1, the Marriage Amendment (2004)
- Tennessee Same-Sex Marriage Ban, Amendment 1 (2006)
The following constitutional bans were defeated by voters:
- Note: Arizonans defeated a measure in 2006, but approved one in 2008, which has been overturned.
- 2000 Sample Ballot
- Nebraska Blue Book 2008-09
- 2000 Election Results
- Informational pamphlet from Nebraska SOS
- Californians, take a lesson from Nebraska (dead link)
- Initiative 416, timeline of events
- Reuters, "U.S. judge rules Nebraska same-sex marriage ban unconstitutional," March 2, 2015
- Omaha World‑Herald, "Same-sex marriages in Nebraska on hold after circuit court stays ruling," March 6, 2015
- Nebraska Secretary of State, Sample Ballot Nonpartisan Ticket General Election November 7, 2000 Proposed Constitutional Amendments
State of Nebraska
List of Nebraska ballot measures | Local measures | School bond issues | Ballot measure laws | Initiative laws | History of I&R | History of direct democracy | Campaign Finance Requirements | Recall process |
|State executive officers||
Governor | Lieutenant Governor | Attorney General | Secretary of State | Treasurer | Auditor of Public Accounts | Commissioner of Education | Director of Insurance | Director of Agriculture | Director of Natural Resources | Commissioner of Labor | Nebraska Public Service Commission |