- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but restricted 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
- Varies by Region
- Age of Consent
- Unknown
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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.
Gender-affirming care in Nebraska is legal, but restricted for minors.
Current status
Since Oct 1, 2023
Legal, but restricted 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
On August 30 of 2023, Governor Jim Pillen issued Nebraska Executive Order 23-16, defining gender as binary and linked to sex assigned at birth.
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 only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No statewide protections exist.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No statewide protections exist.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No statewide protections exist.
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
Nebraska's ban on GAC for minors specifically allows for intersex infant surgery.
Serving openly in military in Nebraska is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
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 varies by region.
Current status
Since Feb 22, 2021
Varies by Region
Lincoln is concurrently the only jurisdiction to ban conversion therapy in Nebraska. The city council approved the measure on February 22, 2021 via a 5-1 vote. The functions of the measure only applies to the pathologization of minors and bans recommendation of said practices by licensed mental health professionals only.
State law supersedes local laws and the ban is at risk of being rendered defunct if state legislatures were to nullify the legitimacy of the scope of these laws.
A ban had been considered against the practice statewide in March of 2023 but seems to have continued it's languish in the unicameral house legislature.
State law supersedes local laws and the ban is at risk of being rendered defunct if state legislatures were to nullify the legitimacy of the scope of these laws.
A ban had been considered against the practice statewide in March of 2023 but seems to have continued it's languish in the unicameral house legislature.
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