ACLU-Nebraska: Because Freedom Can't Protect Itself

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.