Official Nebraska Government Website
Marriage License Information - Nebraska

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Can the clerk’s office refuse to give us a license because they object to marriages between same-sex couples, once same-sex marriage is legalized in Nebraska?

No. Nothing allows a civil servant otherwise required to issue licenses for civil marriages to refuse to do so because of personal beliefs or religious objections. As government officials, they may not treat one group of applicants differently from another group solely because of personal religious objections. If you encounter a clerk’s office that refuses to issue a marriage license to same-sex couples, please contact the ACLU of Nebraska at

Nebraska Revised Statutes, 42-108:
Marriage ceremony; who may perform; return; contents.

Every judge, retired judge, or clerk magistrate, and every preacher of the gospel authorized by the usages of the church to which he or she belongs to solemnize marriages, may perform the marriage ceremony in this state. Every such person performing the marriage ceremony shall make a return of his or her proceedings in the premises, showing the names and residences of at least two witnesses who were present at such marriage. The return shall be made to the county clerk who issued the license within fifteen days after such marriage has been performed. The county clerk shall record the return or cause it to be recorded in the same book where the marriage license is recorded.