Opinion No. (2003)

REQUESTED BY: Senator Nancy Thompson, Legislative District 14 QUESTION: If the Legislature Were to Grant Rights to A Domestic Partner to Donate Organs of a Decedent and Control the Disposition of a Decedent's Remains, Would Such Law Be Constitutional?

CONCLUSION: Not As Drafted.

In response to concerns that a union of partners of the same sex may be considered lawful marriage in certain states and that the Full Faith and Credit provision of the U.S. Constitution may make it incumbent upon Nebraska to recognize it as a lawful marriage if the partners were to move to this state, the voters…