ACLU-Nebraska: Because Freedom Can't Protect Itself

The Omaha City Council considered a proposal to make it illegal to discriminate against employees on the basis of sexual orientation earlier this fall. While the effort was unsuccessful, ACLU joined the efforts to encourage city lawmakers to pass the law.

“Surveys indicate most Americans already believe it’s illegal to discriminate on the basis of one’s sexual orientation, so this is hardly controversial,” pointed out ACLU Nebraska Executive Director Laurel Marsh. “No one should face job discrimination for their orientation—that’s exactly the sort of UNEQUAL treatment under the law that the Constitution sought to prevent.”

ACLU Nebraska has been a strong supporter of similar statewide efforts to amend Nebraska law on this issue. “We will keep fighting this battle,” Marsh promised, “both in the cities considering the issue and at the State Legislature.” The Omaha City Council considered a proposal to make itillegal to discriminate against employees on the basis of sexual orientation earlier this fall. While the effort was unsuccessful, ACLU joined the efforts to encourage city lawmakers to pass the law.

“Surveys indicate most Americans already believe it’s illegal to discriminate on the basis of one’s sexual orientation, so this is hardly controversial,” pointed out ACLU Nebraska Executive Director Laurel Marsh. “No one should face job discrimination for their orientation—that’s exactly the sort of UNEQUAL treatment under the law that the Constitution sought to prevent.”

ACLU Nebraska has been a strong supporter of similar statewide efforts to amend Nebraska law on this issue. “We will keep fighting this battle,” Marsh promised, “both in the cities considering the issue and at the State Legislature.”

One school official told the founders of the club "We can't allow that, it would spread gayism" and "What's next? Orgies in the hallways?"  It took almost two years, but the students persevered and with ACLU's help finally won full recognition.  The GSA now holds meetings regularly, has announcements read with other school clubs, had a yearbook picture featuring the club and even held a rock concert at school as a fundraiser.  Plus, in 2009, GSA founding member Ashley Moffat received a $12,500 college scholarship from the national ACLU as a youth activist scholar!

The small rural community relies entirely on volunteers to fight fires.  When "Bob" (a pseudonym to protect his privacy) moved back to the town, he was actually asked to join the fire squad because of his excellent physical condition.  Bob agreed but informed all the firefighters together in a meeting that he was HIV+.  They unanimously voted him onto the force anyway, where he helped fight one fire and volunteered at community events...until a new city employee came along, learned about Bob's status and orientation, and summarily "fired" him from being a volunteer.  After ACLU Nebraska contacted the city, Bob was not only replaced on the force--he decided to run for office in city government and won!

Article 1, Section 29 of the Nebraska Constitution, formerly known as Initiative 416, was passed in November 2000 in a heavily debated election that received the second highest turnout in the state’s history. Click here for a full timeline of events related to the case.  The law went far beyond restricting the right to marry to heterosexual couples. The law specifically voids the uniting of two persons of the same sex in a "civil union, domestic partnership, or other similar same-sex relationship."  ACLU and Lambda Legal filed a lawsuit on behalf of three organizations who argued their members are harmed by Initiative 416:  ACLU Nebraska, Nebraska Advocates for Justice and Equality, and Citizens for Equal Protection.  The suit argued that Initiative 416 blocks gays and lesbians from obtaining any protection for their families through legislative means, in violation of the federal constitution. Sadly, on July 14, 2006, a three judge panel of the 8th Circuit held Initiative 416 did not violate the Constitution.  We asked the entire 8th Circuit Court of Appeals to hear the appeal, but the court refused, ending the legal battle.  Sadly, the Amendment remains in the Nebraska Constitution, but there is some positive news: the entire battle drew attention to the inequity of laws for GLBT people and educated many Nebraskans about anti-gay discrimination.  The battle drew new allies to the continuing fight for equality.  The plaintiffs and people affected by this case have to return to attempting other ways to help protect same sex families and their children in the legislature, in the courts, and in our communities.