Nevada marriage ban case may have potential to strike down bans US-wide

A Nevada political observer believes a Supreme Court challenge to the state’s ban on same-sex marriage has the potential to spread marriage equality to all 50 states

Nevada marriage ban case may have potential to strike down bans US-wide
24 July 2013

Slash/Politics blogger and Las Vegas Review-Journal political watcher Steve Sebelius believes a Supreme Court challenge to Nevada’s ban on gay couples marrying could legalize same-sex marriage across the United States.

Writing in the Las Vegas Review-Journal, Sebelius argued that the Sevcik v. Sandoval challenge to the state’s voter passed ban on same-sex marriage mirrors the challenge to California’s Prop 8 because it was also passed by the voters.

In that case the Supreme Court decided to send the case back to the state rather than ruling on it – thus allowing California to begin marrying same-sex couples as had been ruled by a lower court.

However the ban on same-sex marriage in Nevada is different as the state’s Republican Governor Brian Sandoval is defending the ban, whereas the state of California refused to defend its law – meaning that if the case comes before the Supreme Court it will have to rule on it – potentially legalizing same-sex marriage throughout the United States.

‘There is one significant difference which may become a factor as Sevcik v. Sandoval is argued,’ Sebelius wrote.

‘In California, thanks to a state Supreme Court ruling, gay couples briefly had access to legal marriage. In Nevada, they’ve never had that right. But the plaintiffs in Sevcik v. Sandoval argue that Nevada’s domestic partnership law grants them marriage rights in everything but name, and thus the two cases are similar.’

US District Judge Robert C Jones upheld Nevada’s ban on same-sex marriage but the plaintiffs have appealed to the 9th US Circuit Court of Appeals – the same court that initially struck down Prop 8.

If the 9th US Court of Appeals rules against Nevada’s ban and Governor Sandoval appeals to the Supreme Court, Sebelius believes it is likely that a majority of justices will rule against Nevada in line with the recent rulings by the court in favor of repealing Section 3 of the Defense of Marriage Act.

The court could either rule that Nevada’s ban was unconstitutional or rule that all state bans are unconstitutional.

‘For a state that gained fame (and tourism) as a haven for quickie divorce, to be the home of the case that finally extends marriage equality nationwide might be almost fitting,’ Sebelius wrote.

In another move that could be influential on the court, the Nevada state Senate passed a resolution in favor of marriage equality in April.

HAVE YOUR SAY

MORE TOP STORIES

Jesus was gay or 'at the very least' queer, says theologian

Jesus was gay or 'at the very least' queer, says theologian

'For my own spirituality, I would love to jump into bed with him'
No thumbnail available

Why the Republicans secretly want to lose their Supreme Court marriage fight

The five reasons why the GOP will benefit if the US Supreme Court to rule for marriage equality – even if they are fighting against it
No thumbnail available
No thumbnail available

Morehouse College student discuses the improved atmosphere for gay students

Alumnus Brian Alston Carter traces the movement of change at Morehouse College
No thumbnail available

Twitter blackout today to protest country-wide censorship of tweets

Twitter will now be able to block users and tweets by country, pandering to restrictive regimes
No thumbnail available

How ducks hold the secret of LGBT marketing

Get involved in Gay Star News and make your brand sparkle
No thumbnail available

US pundit says gay unions will twist marriage into ‘unholy pretzel’

Mike Huckabee, former Arkansas governor and TV host, has also said 'every fear' over same-sex marriage has come true
No thumbnail available

Ellen DeGeneres 'scared' at the prospect of a Mitt Romney presidency

'As a gay person he doesn’t believe in me having the same rights'
No thumbnail available

Gay wedding goes ahead in China despite official hindrance

Lu Zhong and Liu Wangqiang have become the first gay couple to publicly say ‘I do’ in the southeastern Chinese province of Fujian
No thumbnail available

Ohio gay couple gets married inside of NYC comic book store

Ceremony coincides with X-Men character Northstar's wedding to fiancee Kyle