Nebraska Marriage Laws | § Neb. Const. Art. I, Sec. 29

The Constitution of the State of Nebraska Neb. Const. Art. I, Sec. 29

Marriage; same-sex relationships not valid or recognized.

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.

Note: This section is unconstitutional in light of Obergefell v. Hodges, 135 S. Ct. 2584 (2015), as a violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the Constitution of the United States. Waters v. Ricketts, 159 F. Supp. 3d 992 (D. Neb. 2016).

Adopted 2000, Initiative Measure No. 416.

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More Nebraska Marriage Laws

§ 42-109 Ceremony; requirements.
§ 42-110 Marriage certificate; provided to parties; form.
§ 42-112 Returns; record.
§ 42-103 Marriages; when void.
§ 42-115 Marriage according to custom of religious society; certificate; transmission to county clerk.
§ 42-105 Marriage of minor; conditions upon which a license may be issued.
§ Neb. Const. Art. I, Sec. 29 Marriage; same-sex relationships not valid or recognized.
§ 42-101 Marriage a civil contract.
§ 42-102 Minimum age; affliction with venereal disease, disqualification.
§ 42-106 License issued by county clerk; contents; marriage record; forms.
§ 42-107 License; issuance prohibited, when.
§ 42-113 Violations; penalty.
§ 42-114 Want of jurisdiction; marriage not void, when.
§ 42-116 Marriage certificate and record as evidence.
§ 42-117 Marriage contracted out of state; when valid.
§ 42-118 Marriages; when voidable.
§ 42-108 Marriage ceremony; who may perform; return; contents.
§ 42-104 Solemnization; license; application; requirements.
§ 43-2101 Persons under nineteen years of age declared minors; marriage, effect; person eighteen years of age or older; rights and responsibility.