Initiative 416 Timeline of Events
Read about the fight against Initiative 416
1996: A bill is introduced in the Nebraska legislature that would allow same sex couples the right to
marry. The bill does not pass.
1997: In response to the previous year's debate on same sex relationships, Senator Jim Jensen
introduces a bill to outlaw same sex marriage in Nebraska. This bill also fails.
May, 2000: A group of anti-gay activists begin gathering petition signatures on "Initiative 416," a
proposed constitutional amendment. The amendment will ban same sex couples from being legally married in
Nebraska as well as prohibit recognition of same sex relationships in any form. Organizers and donors to
the initiative project include a coalition of Christian, Mormon and Catholic churches. Reports of the
amount of money raised for their public campaign indicate they have nearly ten times the funds that
opponents to the initiative have. The initiative's supporters launch a television, radio, newspaper, and
direct mail campaign is launched across the state to promote the initiative.
November, 2000: At the polls, the initiative passes by majority vote.
December, 2000: Governor Mike Johanns signs Initiative 416 into law. It becomes Article I, Section 29
of the Nebraska State Constitution. The new amendment reads:
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.
January, 2003: A bill is introduced in the Nebraska legislature that would allow same sex partners the
right to make funeral decisions for each other after death.
March, 2003: Attorney General Jon Bruning issues a legal opinion about the funeral bill, stating that
the bill cannot pass into law because it would violate the constitutional amendment. He opines that
allowing same sex partners to make decisions about burial arrangements would be "recognizing" a same sex
relationship, which is now forbidden by Article I, Section 29 of the state Constitution. The bill does
not move out of committee after the legal opinion is issued.
April, 2003: Lawsuit challenging the constitutional amendment is filed in federal court. The suit is
filed on behalf of three organizations that work to protect same sex families who assert the
constitutional amendment bars them from participating in the political process. The case title is
"Citizens for Equal Protection, Nebraska Advocates for Justice and Equality, and ACLU Nebraska vs.
Attorney General Jon Bruning and Governor Mike Johanns."
June, 2003: State of Nebraska files a motion to dismiss, asking the court to end the case without even
going to trial. The State argues, among other things, that no one has been injured by the constitutional
amendment.
November, 2003: Federal Judge Joseph Bataillon denies the State's motion to dismiss and orders the
case to proceed. While the judge’s decision does not decide the ultimate question of whether the
amendment is lawful, his decision indicates that he has serious concerns about the constitutionality of
the amendment.
August, 2004: Both sides of the lawsuit submit
final exhibits and evidence they intend to rely upon to prove their
case. The court set final briefing dates for a trial on the
record.
May 12, 2005: The United States District Court strikes
down the state constitutional amendment, finding it violates the US
Constitution.
September, 2005: The State files its appeal brief,
arguing the trial court's decision was wrong.
October, 2005: Plaintiffs in the case file their
appeal brief, renewing their arguments that the state
constitutional amendment violates the US Constitution.
November, 2005: Several prestigious national and
Nebraska entities file amicus curiae ("friend of the court") briefs
on behalf of the Plaintiffs, urging the 8th Circuit to uphold the
trial court's decision. The groups include the American
Psychological Association, National Association of Social Workers,
Nebraska Chapter of the National Association of Social Workers,
PFLAG chapters, and Omaha attorney Susan Ann Koenig.
December, 2005: The State files its final reply
brief with the 8th Circuit.
February 13, 2006: Arguments are presented by both
parties to a three judge panel of the 8th Circuit in St. Louis,
Missouri.
July 14, 2006: The three judge panel of the 8th
Circuit rules for the State, finding the state constitutional
amendment is simply a rational way to protect "traditional
marriage."
July 28, 2006: The plaintiffs file an appeal to all
the judges of the 8th Circuit, asking for rehearing en banc to
argue this case is about more basic rights than marriage.
Currently: The 8th Circuit denied rehearing en
banc, ending the legal battle with a loss for equality. The
plaintiffs and people involved in the case have turned to other
ways to try and protect same-sex families.
