Wednesday, February 12, 2014

Quick Note: Two More States Take Second Looks at Their Same-Sex Marriage Laws

Nevada
Nevada voters passed a ban on same-sex marriage in 2002.  In 2012, a federal judge in Reno upheld the ban.   The case was sent on to the U.S. Court of Appeals for the Ninth Circuit.

On Monday, Nevada's Attorney General Catherine Cortez Masto (D) filed a motion saying that the state's arguments defending the ban "are no longer sustainable."

Governor Brian Sandoval (R) agreed, "It has become clear that this case is no longer defensible in court."
What a difference two years can make!  The case will continue on the docket of the Ninth Circuit Court; but with no one defending the state's position, is Nevada poised to become the 18th state to legalize same-sex marriage?

Virginia
Virginia has banned same-sex marriage since 1975.  In 2006, they passed a constitution amendment in an attempt to strengthen the ban.  A poll taken by Quinnipiac University last year showed that 50% of Virginia's registered voters support same-sex marriage while 43% oppose it.

Attorney General Mark Herring (D) says he believes the ban is unconstitutional and he will assist the Virginia couples who have lawsuits challenging it.   "After thorough legal review, I have now concluded that Virginia's ban on marriage between same sex couples violates the Fourteenth Amendment of the U.S. Constitution on two grounds:  marriage is a fundamental right being denied to some Virginians, and the ban unlawfully discriminates on the basis of both sexual orientation and gender."

As Attorney General, he said he will continue to enforce the ban while the challenges make their way through the courts.
Will Virginia, a SOUTHERN state, be #19?

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