Is gay marriage legal in nebraska
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No statewide protections exist.
LGBT housing discrimination in Nebraska
?LGBT housing discrimination in Nebraska is varies by region.
Same-sex adoption in Nebraska
?Same-sex adoption in Nebraska is married couples only.
The 1995 Administrative Memorandum of the Nebraska Division of Children and Family Services introduced a ban on fostering and adoption by individuals identifying as "homosexual" as well as unmarried individuals.
Intersex infant surgery in Nebraska
?Intersex infant surgery in Nebraska is not banned.
Serving openly in military in Nebraska
?Serving openly in military in Nebraska is lesbians, gays, bisexuals permitted, transgender people banned.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trumpâs executive order from the previous month.
From then until March 18th, 2025, The U.S.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trumpâs executive order from the previous month.
From then until March 18th, 2025, The U.S.
military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Blood donations by MSMs in Nebraska
?Blood donations by MSMs in Nebraska is legal.
Current status
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months.
Could the Supreme Court Overturn Same-Sex Marriage?
Could the Supreme Court Overturn Same-Sex Marriage?
The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Nebraska
?Conversion therapy in Nebraska is varies by region.
Current status
Lincoln is concurrently the only jurisdiction to ban conversion therapy in Nebraska.
This means that employers cannot fire, refuse to hire, or otherwise discriminate against employees based on their sexual orientation or gender identity and LGBTQ+ employees are entitled to the same benefits as their heterosexual counterparts, including health insurance coverage for same-sex spouses.
Healthcare is another critical area where legal protections have been expanded for the LGBTQ+ community.
If a child was born during the marriage, that child is presumed to be the product of that marriage regardless of the child’s biological lineage. The temporary regulations adopted last October in Nebraska were recently approved by Gov. Jim Pillen. This means landlords and property owners cannot refuse to rent or sell to someone based on their LGBTQ+ status.
For transgender individuals, navigating legal documentation and identity recognition can be particularly challenging.
This provision was designed to insulate Nebraska from the growing national and judicial recognition of same-sex marriages. This post explains the current case, possible outcomes, and the proactive legal steps same-sex couples should take now to protect their rights, families, and assets.
Why This Case Matters
The Supreme Court hasn’t faced such a direct challenge to Obergefell v.
Kim Davis’s case goes further than defending her own actions—it explicitly asks the Court to overturn Obergefell.
If the Court accepts the case and rules in her favor, Nebraska could again enforce its pre-2015 constitutional ban on same-sex marriage. Proponents argued it was necessary to preserve traditional marriage, while opponents viewed it as a discriminatory measure.
The city council approved the measure on February 22, 2021 via a 5-1 vote. As such, stepparent adoptions are only available if one parent’s parental rights are being terminated. The functions of the measure only applies to the pathologization of minors and bans recommendation of said practices by licensed mental health professionals only.
State law supersedes local laws and the ban is at risk of being rendered defunct if state legislatures were to nullify the legitimacy of the scope of these laws.
A ban had been considered against the practice statewide in March of 2023 but seems to have continued it's languish in the unicameral house legislature.
Equal age of consent in Nebraska
?Equal age of consent in Nebraska is equal.
Marriage & Family Law
Every year in June, we celebrate Gay Pride Month as a time to honor the struggles, achievements, and ongoing efforts of the LGBTQ+ community.
In Nebraska—where a constitutional ban on same-sex marriage remains on the books—this could mean a halt to new marriages, even though the federal Respect for Marriage Act (2022) would still require recognition of existing marriages performed in any state. This sets the stage for exploring ongoing legal challenges and court interpretations that continue to shape the landscape of marriage equality in Nebraska.
Legal Status of Gay Marriage in Nebraska
The legal status of gay marriage in Nebraska has transformed significantly over the past few decades.
The impact of Obergefell continues to resonate as Nebraska’s legal institutions work to integrate these federal standards into their operations.
Legal Challenges and Court Rulings
Nebraska’s journey toward marriage equality has been marked by significant legal challenges and court rulings. However, this would make the process more expensive, time-consuming, and logistically challenging.
Steps Same-Sex Couples in Nebraska Should Take Now
1. Marry Now if You’re Planning To
If marriage is in your plans, consider doing so before any change in Nebraska’s law could make the process harder.
2. Update or Create Estate Planning Documents
Marriage provides certain legal protections, but you can reinforce and expand them by:
Drafting wills and trusts
Signing durable powers of attorney for financial and healthcare decisions
Creating HIPAA releases for medical information access
3. Secure Parental Rights
For couples raising children, ensure both parents have formal legal recognition—through adoption or court orders—to safeguard custody and decision-making rights regardless of marriage status.
4. Review Benefits and Insurance
Check that both spouses are properly covered under health insurance, retirement accounts, and Social Security benefits.
5. Consider Legal Agreements Beyond Marriage
Even without a marriage license, cohabitation agreements, property agreements, and parenting plans can protect your rights.
Why Acting Now Matters
Even though the Respect for Marriage Act protects recognition of valid marriages, overturning Obergefell would shift marriage licensing authority back to the states.
Clayton County was a pivotal ruling that held that Title VII of the 1964 Civil Rights Act protects employees against discrimination based on sexual orientation and gender identity. As society evolves, the state’s constitutional provisions have sparked debates and prompted judicial scrutiny. Hodges in 2015, which mandated that all states recognize same-sex marriages, rendering state-level bans unconstitutional.
Initially, Nebraska explicitly prohibited same-sex marriage, enshrined in the Nebraska Constitution through Article I-29, passed by voters in 2000. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men.
The petitioner, former Kentucky county clerk Kim Davis, is asking the Court to overturn that ruling. Texas struck down all sodomy laws on the basis of privacy and liberty. Gay Pride Month is deeply rooted in the fight for equal rights and social acceptance, marked by remarkable events and milestones dating back to the Stonewall Riots in 1969.
In recent years, we have seen considerable progress in the recognition and protection of LGBTQ+ rights within the law.