The Marriage Law Project at The Catholic University of America

Citizens for Equal Protection v. Attorney General

Citizens for Equal Protection v. Attorney General

In November 2000, Nebraska voters passed by a large majority a constitutional amendment, codified as Article I, §29 of the Nebraska Constitution, providing:

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

Three public interest groups whose members include gay and lesbian citizens of Nebraska,

Citizens for Equal Protection, Inc., Nebraska Advocates for Justice and Equality, and the American Civil Liberties Union (ACLU Nebraska), sued the Governor and the Attorney General of Nebraska in their official capacities seeking an declaration that §29 violates the Equal Protection Clause of the Fourteenth Amendment and is an u nconstitutional bill of attainder. They asked that the United States District Court for the District of Nebraska enter an injunction forbidding its enforcement.

The district court held that §29 violates the Equal Protection Clause, is an unconstitutional bill of attainder, and deprives gays and lesbians of their First Amendment rights. Citizens for Equal Protection, Inc. v. Bruning, 368 F. Supp. 2d 980 (D. Neb. 2005). The State appealed, and the United States Court of Appeals for the Eighth Circuit reversed. (Read opinion)

Case Files

Complaint (68kb)

State's Motion to Dismiss (49kb)

Related News Articles

7/17/07 - Marriage wins again- In Nebraska the 8th Circuit Court reverses the District Court and rules that Nebraska marriage amendment is not unconstitutional.

Last Revised 20-Jul-06 04:49 PM.