1998 Nebraska Amendment 1

1998 Nebraska Amendment 1
November 3, 1998
A constitutional amendment to provide that no person shall be denied the equal protection of the laws.
Results
Choice
 Votes %
Yes 336,672 72.62%
No 126,951 27.38%
County results

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.

Background

In 1868, the Fourteenth Amendment to the United States Constitution was adopted. The amendment included the Equal Protection Clause, which provides that no one can be denied "equal protection of the laws." 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," it did not mention equal protection.

Legislation for Amendment 1

Legislative Resolution 20CA placed the amendment on the ballot. Introduced by Senators Doug Kristensen, Jerome Warner, Ron Withem, and DiAnna Schimek, the resolution was passed by Nebraska's unicameral legislature in a 42–2 vote on May 21, 1997. Those in opposition were Senators Kate Witek and Cap Dierks.

Endorsements

Support

Arguments from those in favor of the measure included that adding the language signified fairness, that it would add to the constitution fundamental values, that it would add to the constitution "a traditional American value," and that Nebraska's Constitution should guarantee equality.

Yes
State legislators
  • Doug Kristensen, state senator from the 37th district (1989–2002) (Republican)
Newspapers

Opposition

Arguments from those in opposition to the measure included that it could lead to the legalization of same-sex marriage, that the state's school finance system could be "upset", that affirmative action could be outlawed, and that it was unnecessary because of the U.S. Constitution's guarantees.

No
State legislators
  • Kate Witek, state legislator from the 31st district (1993–1999) (Republican)
Newspapers

Contents and amendment

Contents

The amendment, which was decided by voters on November 3, 1998, alongside the 1998 Nebraska elections, had the following information shown to voters for it:

Proposed by the

1997 Legislature

Proposed Amendment No. 1

A vote FOR this proposal will amend section 3, article I (the Bill of Rights), by adding to the due process of law clause an equal protection clause providing that no person shall be denied "the equal protection of the laws."

A vote AGAINST this proposal will not add an equal protection of the laws clause to section 3 of Article 1.

A constitutional amendment to provide that no person shall be denied the equal protection of the laws.

[] For

[] Against

Amendment

The measure amended the Constitution of Nebraska to read as follows:

I-3 No person shall be deprived of life, liberty, or property, without due process of law, nor be denied equal protection of the laws.

Results

92 counties voted in favor, and 1 voted against. The highest level of support for the amendment came from Lancaster County, with 78.08% in favor, and the lowest level came from Arthur County, with 46.88% in favor.

The following table details the results by county:

References

  1. 1 2 3 Kampen, Todd von (October 24, 1998). "Equal protection, due process subjects of Amendment No. 1". The North Platte Telegraph. Retrieved April 5, 2026 – via Newspapers.com.
  2. ↑ "Nebraska State Constitution Article I-3". Nebraska Legislature. Retrieved April 5, 2026.
  3. ↑ "Legislative Resolution 20CA" (PDF). Nebraska Legislature. Retrieved April 5, 2026.
  4. 1 2 Knapp, Fred (May 22, 1997). "Equal protection measure gets spot on May '98 ballot". Lincoln Journal Star. Retrieved April 5, 2026 – via Newspapers.com.
  5. 1 2 3 Kampen, Todd von (October 24, 1998). "Equal: Amendment No. 1 could expand rights". The North Platte Telegraph. Retrieved April 5, 2026 – via Newspapers.com.
  6. ↑ "Amendments 1, 2, 3". Lincoln Journal Star. October 28, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  7. ↑ "Yes on Amendment 1". Star-Herald. October 31, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  8. 1 2 "Election Preview". Columbus Telegram. October 15, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  9. ↑ "Journal Star endorsement recap". Lincoln Journal Star. November 1, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  10. ↑ "Some election suggestions". Sun-Herald. November 1, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  11. 1 2 Tysver, Robynn (October 31, 1998). "Amendment 1: Symbol or Trojan Horse?". Omaha World-Herald. Retrieved April 5, 2026 – via Newspapers.com.
  12. ↑ "Amendments 1, 2, 3". Lincoln Journal Star. October 28, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  13. ↑ "A Recap of Our Endorsements". Omaha World-Herald. November 2, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  14. 1 2 3 "Election Preview". Star-Herald. October 22, 1998. Retrieved April 5, 2026 – via Newspapers.com.
  15. 1 2 "Previous Elections". Nebraska Secretary of State. Click "Archived Canvass Books," then "1960 to 1998," and then "1990s Books". Then, click "1998 General.pdf" and go to page 47. Retrieved April 5, 2026.