Fact Check: Walz Claims ‘Being Gay’ in Nebraska Is ‘Still Technically Illegal’

CLAIM: Democratic vice presidential nominee, Minnesota Gov. Tim Walz (D) claimed Saturday it was “still technically illegal” to be gay in the state of Nebraska.

VERDICT: False. It is legal for people to be gay in Nebraska. The American Civil Liberties Union (ACLU) of Nebraska notes that “an estimated 67,000 Nebraskans are LGBT.”

While speaking at the 2024 annual gala for the Human Rights Campaign Walz spoke about how if elected president, Vice President Kamala Harris would “fight” to ensure that their administration continues to “pass the Equality Act,” and to “enshrine anti-discrimination protections” for LGBTQ Americans.

“Vice President Harris [will] fight, make sure that we continue to pass the Equality Act, enshrine anti-discrimination protections and anti-LGBTQ Americans healthcare into law, housing, education, and so much more. Now, look, if it sounds like a tall order, I’ll say it again, I’m an eternal optimist,” Walz said. “When I was a kid growing up in Nebraska, being gay was illegal, still technically illegal. Look how much it’s changed since this organization was founded 40 years ago.”

Not only is it legal for people to be gay in the state of Nebraska, but since June 2015 when the Supreme Court ruled that same-sex marriage was legal in all 50 states, Nebraska has also recognized same-sex marriages.

The ACLU of Nebraska also notes on its website that “less than” 24 percent of LGBTQ people in Nebraska “live in a community that protects them from workplace discrimination” due to their sexual and gender orientation, and that 32 percent of same-sex couples in the state have children.

On June 15, 2020, the Supreme Court also ruled that discrimination on the basis of someone’s sexual orientation or gender identity was prohibited under Title VII of the Civil Rights Act of 1964.

Nebraska State Sen. Megan Hunt (D) also made history in 2018 when she became the first “openly LGBTQ woman ever elected to the Nebraska Legislature,” according to the LGBTQ+ Victory Institute.