2000 Nebraska Initiative 416

The text of the amendment states: 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. Those voting yes were voting in favor of the amendment and those voting no were voting against the amendment. ==Campaign==

The petition drive that put the proposed amendment on the Nebraska ballot was organized by Guyla Mills, director of Nebraska Family Council. Mills explained her organization's motives, stating: "This is not about hate, this is about love. The Defense of Marriage Act movement was just a platform we had to share the love of Jesus Christ." A group called the Coalition for Protection of Marriage ran advertisements in support of the marriage ban. The coalition was chaired by former governor Kay Orr and Omaha businessman Bill Ramsey. Dan Parsons of Family First, a Christian-based policy group, served as the coalition spokesman. The LDS Church and Nebraska Catholic Conference were also coalition members. The proposed amendment was opposed by United Students against 416, a group of University of Nebraska–Lincoln students, and by the Nebraska Coalition for Gay and Lesbian Civil Rights. ==Result==

In 2003, a coalition of gay and lesbian advocacy organizations challenged the constitutionality of Article I, Section 29 of Nebraska's Constitution in Citizens for Equal Protection v. Bruning. In 2005, Judge Joseph Bataillon of the United States District Court for the District of Nebraska ruled in favor of the plaintiffs, declaring that Section 29 was unconstitutional and its enforcement was permanently enjoined. However, in 2006, the United States Court of Appeals for the Eighth Circuit overturned Judge Bataillon's decision using a traditional rational basis review. The Eighth Circuit concluded that "laws limiting the state-recognized institution of marriage to heterosexual couples ... do not violate the Constitution of the United States." On November 17, 2014, the ACLU filed a lawsuit, Waters et al. v. Heineman, in federal court on behalf of seven same-sex couples seeking to overturn Nebraska's ban on same-sex marriage. The case was renamed Waters v. Ricketts in 2015 when Peter Ricketts succeeded Dave Heineman as Governor. Judge of the District Court again presided over the case and ruled once again that the measure violated the U.S. Constitution on the grounds of equal protection and due process. Although the state appealed and successfully obtained a stay of the ruling from the Eighth Circuit Court of Appeals, With this Supreme Court decision, the Eighth Circuit Court lifted the stay of Judge 's ruling, officially negating Initiative 416. As a result, Nebraska officials and agencies are formally prohibited from enforcing the ban on same-sex marriage in the state. ==Status==

In February 2016, Judge Bataillon issued a permanent injunction that overturned the state's now-defunct ban on same-sex marriage. The ruling mandated that state officials regard same-sex couples equally to opposite-sex couples in all matters, including the processing of marriage licenses and the issuance of birth certificates. Following Obergefell v. Hodges the text of Initiative 416 is dead letter and is not enforced. It remains a part of the constitution. In 2019, Governor Pete Ricketts vetoed a bill that would require marriage applications, licenses and certificates to refer to a married couple as “Applicant 1" and “Applicant 2.” ==See also==