Carson City, Nev. – In an about-face, Nevada has decided against defending its constitutional ban on same-sex marriages, the latest step in a series of battles being waged across the nation on the volatile issue.
Both Nevada’s attorney general and governor said Feb. 10 they won’t defend the state’s gay marriage ban pending before a federal appeals court, saying a recent court decision made the state’s arguments “no longer defensible.”
Attorney General Catherine Cortez Masto filed a motion with the 9th Circuit Court of Appeals that said Nevada’s legal arguments supporting the voter-approved prohibition aren’t viable in light of the court’s recent ruling that said potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
“After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable,” Masto said in a statement.
Gov. Brian Sandoval, a Republican seeking re-election this year, said he agreed with the Democratic attorney general’s action.
“Based upon the advice of the attorney general’s office and their interpretation of relevant case law, it has become clear that this case is no longer defensible in court,” Sandoval said in an email.
While it won’t mean the ban will be lifted immediately, the state’s move was hailed by gay rights advocates and civil libertarians.
