Nebraska may have just accidentally recognized gay marriage despite a state ban on same-sex unions.

The Nebraska Legislature yesterday (4 February) voted 38 to 0 in favor of an amendment to a bill that would waive the 180-day residency period for military spouses who want to apply for gun permits.

Sen Paul Schumacher of Columbus proposed the amendment, which applies to ‘anyone receiving the federal benefits of a military spouse.’

The Department of Defense extended benefits to same-sex spouses after the Defense of Marriage Act was struck down in 2013.

Sen John Murante of Gretna, who did not vote for or against the bill, expressed concern that the amendment could be used to challenge Nebraska’s gay marriage ban.

‘I think we just recognized gay marriage,’ he said moments after the vote.

‘We are now using the federal government’s standard for who receives marriage benefits.’

Stephen Peters – a Marine veteran, same-sex spouse of an active duty Marine and spokesperson for the Human Rights Campaign – said it was ‘the perfect example of how irrational discrimination against same-sex couples continues to be.’

‘It’s perplexing that Nebraska lawmakers would only want to recognize a same-sex military spouse if they are trying to buy a gun. All service members and their spouses sacrifice a tremendous amount for our nation, and those who happen to be of the same-sex deserve the same protections in every state,’ he said in a statement.

‘This would not even be an issue if Nebraska lawmakers would acknowledge that loving and committed same-sex couples deserve the same rights and responsibilities that come with marriage.’