Constitutional amendment to eliminate provisions relating to marriage and marriage licenses

109th Legislature (2025-2026) Introduced by Machaela Cavanaugh

Would repeal Article I, Sec. 29, removing constitutional recognition of marriage and licenses; voters to decide in Nov 2026.

Title printed. Carryover resolution

Purpose and intent

LR5CA proposes a constitutional amendment to repeal Article I, Section 29 of the Nebraska Constitution.

The current Article I, Section 29 contains provisions deeming certain marriage-related statuses (notably, recognizing same-sex marriages or marriages deemed not valid) as part of the Nebraska Constitution.

The amendment would eliminate those provisions, effectively removing constitutional protections or recognition related to marriage and marriage licenses.

Key provisions of the bill

Repeal: Article I, Section 29 of the Nebraska Constitution is repealed.

Ballot proposal: The amendment is to be submitted to Nebraska voters at the general election in November 2026.

Ballot language (as required by law):

“A constitutional amendment to eliminate recognition of marriage and marriage licenses.”
Voters will choose “For” or “Against.”

What would be affected

Legal framework: The constitutional basis for recognizing marriage and marriage licenses in Nebraska would be removed.

Relationships recognized by state law: Any constitutional protections or recognitions tied to marriage (including those related to same-sex marriage) would no longer be guaranteed by this portion of the state constitution.

Civil and statutory implications: Depending on subsequent statutory changes, employees, couples, and state agencies could experience shifts in how marriage is recognized or regulated at the constitutional level. (Note: LR5CA itself focuses on constitutional repeal; it does not specify replacement provisions or subsequent statutory reforms.)

Procedural and timeline details

Introduction date: January 10, 2025.

Introduced by: Senator Machaela Cavanaugh, with co-sponsors including Senators Hunt, Raybould, and Spivey.

Committee: Judiciary.

Hearing: Notice of hearing set for January 31, 2025.

Status: Notice of hearing indicates the bill is at an early stage and awaiting committee action.

Election timeline: If approved by the Legislature, the proposed amendment would be placed on the November 2026 general election ballot for voters to approve or reject, following the constitutional amendment submission process defined in Article XVI, Section 1 of the Nebraska Constitution.

Summary in brief

LR5CA seeks to erase the constitutional recognition of marriage and marriage licenses by repealing Article I, Section 29. The proposal would present to Nebraska voters in November 2026 a ballot measure asking whether to repeal that portion of the constitution, with the ballot language noting it as “a constitutional amendment to eliminate recognition of marriage and marriage licenses.” The measure moves through the Judiciary Committee, with a hearing scheduled for January 31, 2025.

Bill