1998 Nebraska Amendment 1
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November 3, 1998
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A constitutional amendment to provide that no person shall be denied the equal protection of the laws. | ||||||||||
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1998 Nebraska Amendment 1 was a proposed amendment to the Constitution of Nebraska to guarantee every person "the equal protection of the laws". The amendment was symbolic, as the United States Constitution had already guaranteed this protection since the passage of the Fourteenth Amendment in 1868. Placed on the ballot by Legislative Resolution 20CA, the ballot measure passed, receiving over 72% of the vote and the backing of all but one of the state's 93 counties. Supporters of the measure included State Senator Doug Kristensen, the Lincoln Journal Star, and the Star-Herald, while opponents included State Senator Kate Witek and the Omaha World-Herald.
Legislation for Amendment 1
In 1868, the Fourteenth Amendment to the United States Constitution was adopted.[1] The amendment included the Equal Protection Clause, which provides that no one can be denied "equal protection of the laws."[1] While Nebraska's Constitution had provided since 1875 that "[n]o person shall be deprived of life, liberty, or property, without due process of law,"[2] it did not mention equal protection.[1]
Legislative Resolution 20CA placed the amendment on the ballot. Introduced by Senators Doug Kristensen, Jerome Warner, Ron Withem, and DiAnna Schimek,[3] the resolution was passed by Nebraska's unicameral legislature in a 42–2 vote on May 21, 1997.[4] Those in opposition were Senators Kate Witek and Cap Dierks.[4]
Endorsements
Support
Arguments from those in favor of the measure included that adding the language signified fairness,[5] that it would add to the constitution fundamental values,[6] that it would add to the constitution "a traditional American value,"[7] and that Nebraska's Constitution should guarantee equality.[8]
- State legislators
- Doug Kristensen, state senator from the 37th district (1989–2002) (Republican)[5]
- Newspapers
Opposition
Arguments from those in opposition to the measure included that it could lead to the legalization of same-sex marriage,[11] that the state's school finance system could be "upset",[11] that affirmative action could be outlawed,[12] and that it was unnecessary because of the U.S. Constitution's guarantees.[8]
- State legislators
- Kate Witek, state legislator from the 31st district (1993–1999) (Republican)[5]
- Newspapers