May 2003: Nebraska’s amendment is challenged

2003 starts to get interesting when a bill is filed in Montana to permit marriage, and the first federal case for same-sex couples is filed, Citizens for Equal Protection v. the Nebraska Attorney General, in the US District Court for Nebraska. While not challenging the federal DOMA, this suit contends that the Nebraska constitutional amendment, the one adopted back in 2000, is itself unconstitutional.

Not all constitutional amendments on marriage are created equal. Like the Colorado amendment that was overturned in Romer, this one is especially sweeping. In 44 little words, it covers a whopping amount of ground. It starts out like most others:

Only marriage between a man and a woman shall be valid or recognized in Nebraska.

Then it goes deep:

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.

It thereby potentially precludes any legal recognition for same-sex couples.

Timeline key: progress (green), no progress (red), pending court cases (purple),
events that are neutral, not directly related, or with both positive and negative effects (black)