- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in Nebraska appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
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Homosexual activity in Nebraska is legal.
Current status
Since Jun 26, 2003
Legal
US Supreme Court ruling issued in Lawrence v. Texas struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy.
Same-sex marriage in Nebraska is legal.
Current status
Since Jun 26, 2015
Legal
After a 5-4 vote in Supreme Court attempts by conservative states to ban same-sex marriage were overturned making it legal across the USA.
Censorship of LGBT issues in Nebraska is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Nebraska.
Right to change legal gender in Nebraska is legal, but requires surgery.
Current status
Legal, but requires surgery
Requires surgery to change birth certificate. Missing non binary options on documents.
Gender-affirming care in Nebraska is legal, but banned for minors.
Current status
Since Oct 1, 2023
Legal, but banned for minors
Minors of this law are considered 19 age and under, so they do not have access to gender affirming care as of 2023. Adults over the age of 19 are still able to get gender affirming care. LB 574 bans all gender affirming care for under 19 years of age.
Legal recognition of non-binary gender in Nebraska is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT discrimination in Nebraska is illegal in some contexts.
Current status
Since 2022
Illegal in some contexts
law passed outlawing lgbtq discrimination in most public places.
LGBT employment discrimination in Nebraska is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Until Jun 15, 2020
No protections
There are no legal protections for people who are LGBT in regards to employment.
LGBT housing discrimination in Nebraska is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Nebraska is legal.
Current status
Since Mar 2, 2015
Legal
March ended the long legal fight to same sex adoption with same sex couples now allowed to become foster parents, completely equalizing their rights to adopt
Intersex infant surgery in Nebraska is not banned.
Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Serving openly in military in Nebraska is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Nebraska is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Nebraska is not banned.
Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
United States Equality Rank
#227
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