Constitutional amendment to recognize marriage of couples regardless of gender and race and strike language regarding gender

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

Nebraska proposed a constitutional amendment to recognize and license marriages regardless of gender or race, slated for voter approval in Nov 2026.

Title printed. Carryover resolution

Overview

LR 6CA is a proposed constitutional amendment in Nebraska (One Hundred Ninth Legislature, First Session) introduced on January 10, 2025. The measure seeks to amend Article I, Section 29 of the Nebraska Constitution to recognize marriage and issue marriage licenses to couples regardless of gender and race. It also aims to strike existing language relating to gender in that provision. The bill is a legislative resolution that would be placed on the ballot for voter approval at the November 2026 general election.

Purpose and Intent

Expand constitutional recognition of marriage to include couples regardless of gender and race.

Remove or modify existing language that limits recognition of marriage to a man-woman construct and other gender-restricted language.

Provide voters with the opportunity to affirm a broader definition of marriage in the Nebraska Constitution.

Key Provisions

Section 1 (Proposed Amendment to Article I, Section 29):

The amendment would state that Nebraska and its political subdivisions shall recognize marriage and issue marriage licenses to couples regardless of gender and race.
It would supersede current language that only recognizes a marriage between a man and a woman and states that same-sex unions are not valid or recognized (including civil unions, domestic partnerships, or similar arrangements).

Section 2 (Ballot Language and Submission):

The proposed amendment would be submitted to Nebraska voters at the general election in November 2026, using the ballot format prescribed in the Constitution (Article XVI, Section 1).
Ballot language would present a “For” and “Against” choice on the constitutional marriage amendment.

Affected Parties and Impacts

Affected: Nebraska residents and couples seeking marriage licenses, state and local government entities involved in issuing marriage licenses, and courts interpreting marriage-related rights.

Impact: If approved, the state would recognize and license marriages without regard to gender or race, aligning Nebraska with broader protections against discrimination in marital recognition.

Procedural and Timeline Aspects

Introduced: January 10, 2025.

Hearing: Notice of hearing scheduled for January 31, 2025 (Judiciary Committee, chaired by Senator Carolyn Bosn).

Committee: Judiciary.

Next steps if advanced: Referral to committee, potential amendments, and a recommendation to the full Legislature.

Ballot Submission: If enacted by the Legislature, the amendment would be placed on the ballot for the November 2026 general election for voter approval or rejection.

Additional Notes

Principal Introducer(es): Senator Machaela Cavanaugh (primary), with additional sponsors listed (e.g., Hunt, Raybould, Spivey).

This is a constitutional amendment proposal (as a legislative resolution) rather than a statute, meaning it would require voter approval to take effect.

The document identifies the intent as “to allow voters to amend the Nebraska Constitution with language recognizing marriage and authorizing the issuance of marriage licenses to couples regardless of gender and race.”

Overall, LR 6CA seeks to enact a constitutional change to ensure that marriage recognition and licensure are inclusive of all couples, removing gender- and race-based restrictions currently referenced in Article I, Section 29.

Bill