Ten years ago, the United States Supreme Court gave same-sex couples the right to marry in all 50 states.
However, Nebraska’s constitution does not recognize same-sex relationships.
State Sen. Machaela Cavanaugh proposed LR5CA and LR6CA, which would allow voters to repeal and revise I-29, the constitutional provision that recognizes marriage if it is between a “man and a woman.”
“The people of Nebraska deserve to decide for themselves, without relying on shifting Supreme Court decisions, whether every individual has the right to marry whomever they love,” she stated at a public hearing on her resolutions last week.
Cavanaugh claimed that brain drain, a term used to describe the movement of educated people to other states, is harming Nebraska because its values are incompatible with those of most young, educated individuals.
“Let’s demonstrate that Nebraska truly is for everyone by taking this step to ensure that civil liberties are preserved for all Nebraskans now and into the future,” she told the audience.
Paige Goertzen-Whitaker of Lincoln testified in support of the proposals, saying Nebraska’s future depends on its willingness to accept everyone, regardless of who they love.
“Businesses cannot attract the best and brightest nor retain the top talent if we do not send a message that Nebraska is a welcoming place for students, businesses and all families to call home,” according to her.
Though same-sex marriage is federally protected, Goertzen-Whitaker is concerned that the decision will be overturned following Idaho’s decision to petition the United States Supreme Court to overturn Obergefell v. Hodges, the landmark ruling that established the right to same-sex marriage.
“I asked myself, ‘What can I do? What can I do to make myself feel like I’ve done everything I can to protect my family and possibly speak up for others? I think when I found out about what was going on, I felt compelled to speak up,” she said.
However, not everyone agrees with the resolutions.
Scott Thomas, director of Village in Progress, argued that the state has no authority to change marriage as a religious practice.
“The separation of church and state is a supposition that’s meant to prevent embedding of the church in the government,” said the bishop. “It’s meant to prevent you guys from taking cues and imposing them on the church.”
In her closing remarks, Cavanaugh stated that a family can be built in a variety of ways.
“If we agree with the federal decisions that both gender and race should not matter when you are entering into marriage, so many other things should matter, but gender and race should not be one of them,” according to her.
The Judiciary Committee will decide whether to advance the bill to the floor for further debate.