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Nebraska is one of a handful of states to have banned same-sex marriage in its state Constitution but not in the form of a legislative statute. There have been two significant lawsuits related to same-sex marriage in Nebraska.
Bruning , same-sex couple plaintiffs were successful in the United States District Court for the District of Nebraska having the state's constitutional ban of same-sex marriage struck down. Following the U. S Supreme Court's ruling in United States v. Windsor , state bans on same-sex marriage came under enhanced judicial scrutiny.
In the matter of Waters v. Ricketts , the U. S District Court for the District of Nebraska again struck down the state's constitutional ban on same-sex marriage. The decision of the district court was stayed until the Supreme Court's ruling in Obergefell v. Hodges on June 26, , which struck down all state bans on same-sex marriage under the Equal Protection and Due Process clauses of the United States Constitution.
Nebraska permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples. On August 27, , three same-sex couples filed a lawsuit in state court seeking the right to serve as foster and adoptive parents. They claimed that the state's refusal to allow two unmarried adults or two homosexuals to adopt has been consistently enforced only against same-sex couples. He wrote: In April , the Nebraska Supreme Court upheld that decision and struck down the state's ban on same-sex couples becoming foster parents.
Nebraska law does not address discrimination on the basis of sexual orientation or gender identity. Bills to ban discrimination based on sexual orientation and gender identity have been introduced in the Legislature in recent years, [17] [18] but all have been rejected. As of April , only Omaha has an ordinance, in effect since , that prohibits discrimination on the basis of sexual orientation and gender identity in both public and private sectors with respect to employment, housing, and public accommodations.
Transgender people in Nebraska are allowed to change their legal gender on their birth certificates. In order to do so, they must receive a notarized affidavit from the physician that performed sex reassignment surgery on them and a certified copy of an order changing their name. Nebraska's hate crime law covers hate crimes based on sexual orientation but not those based on gender identity.
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From Wikipedia, the free encyclopedia. LGBT rights in Nebraska. Nebraska US. Main article: Kleienerer, 42 years.
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