Ten years ago, the U.S. Supreme Court granted same-sex couples the right to marriage in all 50 states.
But Nebraska’s constitution does not recognize same-sex relationships.
State Sen. Machaela Cavanaugh proposed LR5CA and LR6CA to allow voters to repeal and revise I-29, the article in the constitution that validates marriage if it's between a “man and a woman."
“The people of Nebraska deserve to decide for themselves without relying on the shifting decisions of the Supreme Court whether every individual has the right to marry whomever they love,” she said at a public hearing last week on her resolutions.
Cavanaugh claimed that brain drain, a term used to describe the loss of educated people to other states, is hurting Nebraska because its values aren’t in line with most young, educated people.
“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 said.
Testifying in favor of the proposals, Paige Goertzen-Whitaker of Lincoln said the future of Nebraska depends on its openness to accept all, no matter 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,” she said.
Though same-sex marriage is federally protected, Goertzen-Whitaker said she's fearful the decision will be overturned after Idaho’s decision to call on the U.S. Supreme Court to throw out Obergefell v. Hodges, the landmark ruling that declared the right to same-sex marriage.
“I was asking myself, what can I do? What can I do to make me feel like I’ve done everything I can to protect my family and maybe even speak up for others? I think when I found out about this and what was happening, I just felt really compelled to say my piece,” she said.
But not everyone agrees with the resolutions.
Scott Thomas, director of Village in Progress, argued marriage is an aspect of religion that the state has no authority to change.
“The separation of church and state is a supposition that’s meant to prevent embedding of the church in the government," he said. "It’s meant to prevent you guys from taking cues and imposing them on the church."
In her closing statements, Cavanaugh said that a family can be built in many 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,” she said.
The Judiciary Committee will determine whether the bill advances for further debate on the floor.