Rainbow Law has a document package designed to protect same-sex partners in Nebraska. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Nebraska law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.
Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Nebraska are not legally recognized as spouses even if they were married in a marriage equality state or country.
Here is a run-down on Nebraska law affecting the LGBTQ community:
1 Recognition of Same-Sex Relationships: Nebraska voters adopted a constitutional amendment in November 2000 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. Similar restrictions appear in the state statutes as well.
A federal court challenge to the constitutional amendment, Citizens for Equal Protection v. Bruning, won in the District Court in 2005, but lost in the Court of Appeals in 2006. Opponents of the constitutional amendment did not seek review of that decision by the Supreme Court.
Nebraska has extended hospital visitation rights to same-sex couples though a designated visitor statute.
2 Adoption Law: Nebraska permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples. Second-parent adoptions by one party to a same-sex couple terminates the parental rights of the other party.
On August 27, 2013, three same-sex couples filed a lawsuit against the state seeking the right to serve as foster and adoptive parents. It claimed that the state’s policy against allowing two unrelated adults to adopt has been consistently enforced only against same-sex couples.
3 Anti-Discrimination Law: No provision of Nebraska law explicitly addresses discrimination on the bases of sexual orientation or gender identity. Nebraska’s hate crimes law covers hate crimes based on sexual orientation but not those based on gender identity.
4 Sodomy Law: Same-sex sexual activity is legal in Nebraska. All sodomy laws were repealed at the state level in June 1977.
5Public Opinion: A September 2011 Public Policy Polling survey found that 36% of Nebraska voters thought same-sex marriage should be legal, while 54% thought it should be illegal and 10% were not sure. A separate question on the same survey found that 64% of Nebraska voters supported the legal recognition of same-sex couples, with 30% supporting same-sex marriage, 34% supporting civil unions, but not marriage, 34% favoring no legal recognition and 2% not sure.
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