Nebraska LGBT Laws

Consensual sex between same-sex couples is lawful at age seventeen (17) years [L1.1].

The Nebraska Statutes Chapter 28 Crimes and Punishments provides:

Section 28-319 Sexual assault; first degree; penalty [L1.2].

(1) Any person who subjects another person to sexual penetration …
(c) when the actor is nineteen years of age or older and the victim is at least twelve but less than sixteen years of age is guilty of sexual assault in the first degree.

Section 28-805 Debauching a minor; penalty [L1.1].

(1) Any person not a minor commits the offense of debauching a minor if he or she shall debauch or deprave the morals of any boy or girl under the age of seventeen years by

(a) Lewdly inducing such boy or girl carnally to know any other person; or
(b) Soliciting any such boy or girl to visit a house of prostitution or other place where prostitution, debauchery, or other immoral practices are permitted or encouraged, for the purpose of prostitution or sexual penetration; or
(c) Arranging or assisting in arranging any meeting for such purpose between any such boy or girl and any female or male of dissolute character or any inmate of any place where prostitution, debauchery, or other immoral practices are permitted or encouraged; or
(d) Arranging or aiding or assisting in arranging any meeting between any such boy or girl and any other person for the purpose of sexual penetration.

(2) Debauching a minor is a Class I misdemeanor.

On 26 August 2011, the Nebraska Supreme Court issued a decision that clarifies the custody rights of same-sex couples in the state, in ruling that a lesbian woman can pursue custody and visitation after her relationship ended with the child’s biological mother because she had been acting as the boy’s parent [C1.6], [R1.5].

On 07 April 2011, the Nebraska Supreme Court heard arguments on custody and visitation rights of same-sex couples who once raised a child together. The high court was not expected to rule on the case involving the two Omaha-area women for several weeks [R1.4].

In September 2002, a Douglas County judge ruled that a boy who is the subject of a custody battle between two lesbians must be returned to Nebraska by next month. In June, the Nebraska Supreme Court overturned that a ruling that the joint adoption of him by Bridgens and her former partner, Serenna Russell, was invalid [R1.3].

In June 2002, the Nebraska Supreme Court ruled that a lesbian who legally adopted her partner’s child in Pennsylvania can petition Nebraska courts for custody of the boy [R1.2].

In September 1997, the Nebraska Court of Appeals upheld a ruling that denied a father’s attempt to modify a custody agreement because his ex-wife had been involved in a lesbian relationship R1.1].

In March 2003, a bill that would give a domestic partner the right as a spouse to make funeral decisions and organ donor decisions was banned by the recent constitutional amendment prohibiting same-sex marriage, according to an opinion from the Nebraska attorney general [R1.2]

In August 2000, the Defense of Marriage Amendment, was drafted by a group of Lincoln residents, which if passed in [the] November [ballot], could result in student domestic partner benefits becoming illegal [R1.1].

The Defense of Marriage Amendment says: “Only marriage between a man and 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.”

The term “domestic partners” refers to two people who live together and share financial responsibility. This includes both heterosexual and gay couples.

On 08 June 2012, the University of Nebraska Board of Regents voted 5–3 to approve the extension of benefits to domestic partners, be they same-sex or opposite-sex partners, as of 01 January 2012 [R2.1].

On 18 April 2012, Legislature Bill 912 was indefinately postponed [L1.6].

On 10 February 2012, Senator Beau McCoy introduced bill [LB912] in the Legislature that would if passed, prevent cities from enforcing local rules to protect gays and transgendered people from discrimination [L1.6], [R1.5].

In 2003, Bill (LB441) designed to prohibit sexuality-based discrimination in the workplace, was reintroduced [R1.4].

In April 2002, LB19, was introduced by Sen. Ernie Chambers of Omaha. However, the Legislature called a halt to a bill, stopping it from advancing from the first round of debate [R1.3].

In April 2001, the Nebraska state senate gave tentative approval to a bill that would ban antigay discrimination in housing [R1.2].

In March 2001, a bill that would ban antigay bias in the workplace was approved 5–3 by the Nebraska legislature’s judiciary committee [R1.1].

On 13 November 2012, the Grand Island City Council passed 6–4 resolution #2012-338 amending the City of Grand Island Personnel Rules and Regulations Section 1.03 that now prohibits the City from discriminating in its employment practices against persons based on their “sexual orientation”. That prohibition does not apply to any other employers [L2.9], [R2.8].

On 29 May 2012, a successful petition drive sponsored by a number of conservative Protestant churches and the community’s Catholic churches that gathered 10,092 signatures, required the Lincoln City Council to repeal the anti-discrimination Fairness Ordinance or put it to a citywide vote. There was no deadline for council action, and the council has taken none. So the ordinance remains on the books, but unenforced [R2.7].

On 14 May 2012, Lincoln City Council voted 5–0 to pass an ordinance to protect gay and transgendered people from discrimination in housing, employment and public accommodation. Opponents have 15 days to decide whether to refer the ordinance to the people if they can gather about 2,500 signatures [R2.6], [D2.5].

On 13 March 2012, Omaha City Council approved 4–3 anti-discrimination protections for gays and transgender residents, adding sexual orientation and transgender status to the city’s law [R2.4].

On 28 February 2012, Omaha City Councilman Ben Gray will re-introduced an Equal Employment Ordinance that would let gay or transgendered people file complaints with the city, if they believe they suffered workplace discrimination because of their orientation. The measure also prohibits discrimination by restaurants, hotels or bars, but it exempts religious organizations. A public hearing is slated for 06 March 2012 [R2.3].

On 27 October 2010, a basic gay and lesbian anti-discrimination ordinance failed to pass the Omaha City Council. The vote was 3–3 [R2.2].

In October 2010, an antidiscrimination ordinance proposed by Omaha city councilman Ben Gray faced opposition from fellow city politicians and religious groups seeking an exemption [R2.1].

In 1997, hate crimes based on sexual orientation became considered an aggravating circumstance [R1.1]

On 15 April 2016, the State Supreme Court upheld the conviction of Gregory Duncan who punched Ryan Langenegger in the face while he was standing up for two friends who are gay. Duncan was convicted of a hate crime even though witnesses testified that the homosexual slurs heard prior to the assault were uttered not by Duncan, but by his friends. The Court found that it could be inferred from the evidence that Duncan’s motivation was his belief that Langenegger was associated with homosexual people [C2.2], [R2.1].

On 09 December 2014, it was reported that Lincoln Mayor Chris Beutler decided to accept Blue Cross and Blue Shield’s definition of marriage, which includes same-sex marriages, extending health insurance and other benefits to the same-sex spouses of city workers. The spouses must show proof of marriage, which must have been performed in a state that allows same-sex marriage, in order to receive city benefits [R1.1].

Consensual sex between same-sex couples has been decriminalised [R1.1].

On 04 February 2015, the Nebraska legislature passed 38-0 Bill LB 184 that would waive the 180-day residency period for military spouses who want to apply for gun permits with an amendment that applies to ‘anyone receiving the federal benefits of a military spouse’ and the Department of Defense extended benefits to same-sex spouses after the Defense of Marriage Act was struck down in 2013 [R1.3].

As at April 2004, the Nebraska state constitution makes same-sex marriage, civil unions, (and domestic partnerships) unlawful [R1.2].

In November 2000, voters in Nebraska approved constitutional amendments banning homosexual marriages [R1.1].

On 28 January 2014, Sarpy County Commissioners voted 3-2 to extend health insurance benefits to spouses of gay county employees who have legally married in another state but live in Nebraska with effect from 01 February [R2.2].

On 03 December 2013, the Douglas County Board voted to change the definition of an eligible spouse so it can include someone who is the same gender as the employee and who are legally married in other states. The new definition covers all benefits including health insurance [R2.1].

On 04 February 2016, US District Court Judge Joseph F Bataillon in the Waters et al. v. Ricketts case ruled that Section 29 of the Nebraska Constitution is unconstitutional and ordered ”all relevant state officials are ordered to treat same-sex couples the same as different-sex couples in the context of processing a marriage license or determining the rights, protections, obligations or benefits of marriage” [C3.17], [R3.16].

On 11 August 2015, the United States Court of Appeals for the Eighth Circuit formally affirmed lower court rulings striking down as unconstitutional the now-negated ban on gay marriage and civil unions in Arkansas, Nebraska and South Dakota [C3.15], [R3.14].

On 29 April 2015, the Eighth Circuit Court of Appeals cancelled oral arguments in challenges to same-sex marriage bans from Arkansas, Nebraska, South Dakota, and Missouri until after the US Supreme Court issues its decision in Obergefell v. Hodges [C3.13], [R3.12].

On 05 March 2015, the US Court of Appeals for the Eighth Circuit ordered a stay of the Susan Waters, et al v. Pete Rickets same-sex marriage case pending disposition of the appeal. Oral argument was set for 12 May 2015 [C3.11], [R3.10].

On 02 March 2015, US District Court Judge Joseph F. Bataillon declared Nebraska’s “Defense of Marriage” Constitutional Amendment, Section 29, an unabashedly gender-specific infringement of the equal rights of its citizens. An injunction effective 09 March 2015 was ordered. The state has filed a notice of appeal [C3.9], [C3.8], [R3.7].

On 17 November 2014, seven same-sex couples filed a federal lawsuit asking the state of Nebraska to recognize their marriages and challenging the constitutionality of the state’s ban [C3.6], [R3.5].

On 13 June 2014, the Nebraska Supreme Court dismissed an appeal by Bonnie Nichols, legally wed to Margie Nichols in Iowa who is now seeking a divorce in the state where they live, finding that the court didn’t have jurisdiction (because the appeal was from a conditional order and not a final judgment) and therefore could not address the constitutional arguments raised about same-sex marriage and divorce in Nebraska [C3.4], [R3.3].

On 25 January 2011, District Judge Randall Rehmeier denied a divorce to a same-sex Nebraska City couple that were married in 2003 in Vermont. He said since the state does not recognize the marriage, he does not have jurisdiction to dissolve it. He did rule on issues of a parenting plan and child support (See: Parenting), which were agreed to by both parties [R3.2].

In 2006, a federal appeals court, the highest-level federal court to take up the issue, reinstated a ban on same-sex marriage that had been approved by voters in 2000. A federal district judge had overturned the ban last year, saying it was discriminatory and punitive [R3.1].

There is no statutory ban preventing gay men and lesbians from adopting in Nebraska.

The state law provides that “any minor child may be adopted by an adult or adult persons” [R1.5].

State law prohibits second-parent adoptions [R1.4].

On 06 October 2015, it was reported that Department of Health and Human Services spokeswoman Leah Bucco-White told the AP the state agency had begun the process to list both a child’s biological parent and the parent’s same-sex spouse on the child’s birth certificate at an unspecified future date [R1.3].

On 01 March 2015, the Governor’s office reported that the Department of Health and Human Services would no longer consider the sexual orientation or marital status of individuals wanting to be foster parents or adopt wards of the state and will no longer bar children from being placed with licensed foster parents simply because of the sexual oreientation of the parents [R1.2].

A 1995 directive of the then director of the Department of Social Service prohibits adoption by gay individuals as well as individuals who are cohabitating in an unmarried relationship [R1.1].

On 07 April 2017, the Nebraska Supreme Court upheld the ruling of District Court for Lancaster County John A Colborn in favor of three same-sex couples who said a state policy prevented them from adopting foster kids because of their sexual orientation [C2.10], [R2.9].

On 05 August 2015, District Judge John A Colborn ruled that Nebraska’s discriminatory treatment, policy and practice, toward gay and lesbian foster parents is unconstitutional under the Equal Protection Clause and Due Process Clause finding in favour of three same-sex couples who wanted to be foster parents for children in Nebraska [C2.8], [R2.7].

On 27 August 2013, gay couples Greg and Stillman Stewart, Lisa Blakey and Janet Rodriguez and Todd Vesely and Joel Busch filed a suit alleging the policy prohibiting them from allowing adoption by or issuing foster parent licenses to “persons who identify themselves as homosexuals” or who are “unrelated, unmarried adults residing together” violates the couple’s equal protection rights under the US Constitution [C2.6], [R2.5].

On 25 January 2011, District Judge Randall Rehmeier ruled on issues of a parenting plan and child support which were agreed to by a same-sex Nebraska City couple that were married in 2003 in Vermont. He denied the couple a divorce (See: Marriage) [R2.4].

In March 2002, a week after rejecting a gay woman’s attempt to adopt her partner’s child, the Nebraska Supreme Court was getting ready to consider another adoption case involving two women [R2.3].

In March 2002, the state Supreme Court rejected an attempt by two lesbians to adopt a child, but dodged the question of whether gay couples have the right to adopt children in Nebraska [R2.2].

In December 2000, Lancaster County Judge James Foster denied an uncontested adoption request, saying there was no provision in state law allowing two nonmarried people to adopt a minor child “no matter how qualified they are to be an adoptive parent” [R2.1].

In October 2001, an appeal to the Nebraska Supreme Court and was expected to be argued.

In April 2001, a unanimous decision by Nebraska’s State Supreme Court found that law enforcement authorities had a duty to protect victims, regardless of their gender [R1.1].