Nebraska Initiative Measure 416, Definition of Marriage Amendment (2000)

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Nebraska Initiative Measure 416

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Election date

November 7, 2000

Topic
Family-related policy and LGBTQ issues
Status

OverturnedOverturned

Type
Initiated constitutional amendment
Origin

Citizens



Nebraska Initiative Measure 416 was on the ballot as an initiated constitutional amendment in Nebraska on November 7, 2000. The amendment was overturned in 2015.

A "yes" vote supported providing that only marriage between a man and a woman would be recognized in the state, and providing that the union of two people of the same sex in a civil union, domestic partnership or other similar same-sex relationship would not be valid or recognized in Nebraska.

A "no" vote opposed providing that only marriage between a man and a woman would be recognized in the state, and providing that the union of two people of the same sex in a civil union, domestic partnership or other similar same-sex relationship would not be valid or recognized in Nebraska.


Election results

Nebraska Initiative Measure 416

Result Votes Percentage

Approved Yes

477,571 70.10%
No 203,667 29.90%
Results are officially certified.
Source


Overview

What was this amendment designed to do?

This amendment was designed to provide that only marriage between a man and a woman would be recognized in the state, and provide that the union of two people of the same sex in a civil union, domestic partnership or other similar same-sex relationship would not be valid or recognized in Nebraska.[1]

Aftermath

U.S. District Court

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."[2]

On March 6, 2015, the U.S. Eighth Circuit Court of Appeals put Bataillon's ruling on hold. The court scheduled arguments for the case, which also included similar bans in South Dakota, Arkansas and Missouri, on May 11, 2015.[3]

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[4]

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[5]

Text of measure

Ballot title

The ballot title for Initiative Measure 416 was as follows:

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?

[ ] For

[ ] Against

Ballot summary

The ballot summary for this measure was:

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.

Full Text

The full text of this measure is available here.


Support

Supporters

Organizations

  • Coalition for Protection of Marriage
  • Nebraska Catholic Conference
  • The Church of Jesus Christ of Latter-day Saints

Opposition

Opponents

Organizations

  • Nebraska Coalition for Gay and Lesbian Civil Rights
  • United Students Against 416


Background

Related measures

See also: History of same-sex marriage ballot measures

Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.


Path to the ballot

The person leading the campaign and petition drive to place the initiative on the ballot was Guyla Mills, director of Nebraska Family Council.

See also


External links

Footnotes