Removal of marriage in constitution proposed

Members of the Judiciary Committee heard testimony Jan. 27 on a proposed amendment to the state constitution that would remove a provision regarding marriage in response to a recent U.S. Supreme Court ruling.

LR389CA, introduced by Omaha Sen. Burke Harr, would remove a provision of the state constitution that defines marriage as the legal union of a man and a woman and does not recognize the union of a same-sex couple.

If passed by the Legislature, the proposed amendment would be placed on the November 2016 ballot.

Because the Supreme Court ruled in Obergefell v. Hodges that marriage is a fundmental right for same-sex couples, Harr said, the Nebraska provision is moot and unenforceable.

“We have a state constitution that’s currently in conflict with the U.S. Constitution. [LR389CA] would make our state constitution match the law of the land,” he said.

The committee took no immediate action on the measure.