Friday, Nov 21, 2014
 
search SGN
SERVING SEATTLE AND THE PACIFIC NORTHWEST FOR 40 YEARS!

click to visit advertiser's website


Javascript DHTML Drop Down Menu Powered by dhtml-menu-builder.com

Last Weeks Edition
   
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website




 

 
 

 

 

[Valid RSS]

click to go to advertisers website
to Section One | to Arts & Entertainment
posted Friday, February 14 2014 - Volume 42 Issue 07
Nevada AG drops defense of marriage ban
Section One
ALL STORIES
  next story
Nevada AG drops defense of marriage ban

by Mike Andrew - SGN Staff Writer

Nevada Attorney General Catherine Masto filed a motion with the Ninth Circuit Court of Appeals on February 10 withdrawing her defense of her state's ban on same-sex marriages.

Two days later the Ninth Circuit granted a motion by Lambda Legal for an expedited hearing in Sevcik v. Sandoval, the case challenging Nevada's marriage law.

Masto said in a statement that her about face was due to a Ninth Circuit ruling in an unrelated case that disparate treatment of LGBT people should be examined by courts with 'heightened scrutiny.'

'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 her statement.

In a case involving jury selection, the Ninth Circuit ruled on January 21 that a more stringent standard of review had to be applied to cases involving discrimination on the basis of sexual orientation.

Nevada Governor Brian Sandoval, a Republican, 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 to the Associated Press.

Masto's decision means Nevada will not argue to uphold the state's constitutional ban on same-sex marriage passed by voters in 2002.

In a February 12 press statement, Lambda Legal announced that they had secured an expedited hearing in the case.

'The fact that the government defendants no longer are defending Nevada's exclusion of same-sex couples from marriage makes any delay in these loving and committed couples securing the relief they seek particularly intolerable,' Lambda Legal senior attorney Tara Borelli said. 'The wheels of justice are now on a much faster track.'

Lambda Legal represents eight same-sex couples challenging Nevada's law banning marriage for same-sex couples. The lawsuit argues that barring same-sex couples from marriage violates the Due Process and Equal Protection Clauses of the U.S. Constitution.

A U.S. District Court judge granted Nevada Gov. Brian Sandoval's motion to dismiss the lawsuit in November 2012, and Lambda Legal appealed the decision to the Ninth Circuit. The State submitted its brief supporting the marriage ban to the Ninth Circuit on the same day as the Court's ruling in SmithKline, the case which established the heightened scrutiny standard.

Lambda Legal said Masto's decision to drop the state's defense of its existing marriage ban shows that it was discriminatory.

'In the wake of the Ninth Circuit ruling in SmithKline Beecham v. Abbott Laboratories, the Governor has recognized that the writing is on the wall, and that arguments seeking to perpetuate discrimination are becoming extremely difficult to justify,' the group said in a statement.

'Denying marriage to same-sex couples serves no legitimate state interest and is intended solely to perpetuate discrimination. As the Governor himself recognized, the heightened scrutiny standard that the Ninth Circuit's SmithKline ruling now requires be applied to discriminatory classifications based on sexual orientation renders arguments supporting the marriage ban no longer tenable, and the Governor frankly made the only call he could.'

Last year Nevada lawmakers took the first step toward repealing the law. If legislators approve Senate Joint Resolution 13 again next year, it would go to voters on the 2016 ballot.

Tell a friend:

Share on Facebook  Share on Facebook

Post to MySpace!Share on MySpace!

    Share on Delicious

Share on StumbleUpon!

Missouri football star, NFL draft pick Micheal Sam comes out
------------------------------
Queering the Museum a fantastic display of 40 years of Seattle LGBTQ advocacy
------------------------------
Controversy swirls around Hyatt hotel boycott
------------------------------
OP-ED: Irene's story
------------------------------
Virginia federal district judge rules Virginia's ban on same-sex marriage unconstitutional
------------------------------
Nevada AG drops defense of marriage ban
------------------------------
Thirteen arrested in Utah Gay rights protest
------------------------------
Idaho Supreme Court OKs adoption by Lesbian couple
------------------------------
Catholics join Mormons, Southern Baptists, conservative Lutherans to oppose marriage equality
------------------------------
Kiki with D: Little white lies
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------
BREAKING NEWS
------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

------------------------------

click to visit advertiser's website

click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
click to visit advertiser's website
Seattle Gay Blog post your own information on
the Seattle Gay Blog
 

gay news feeds gay news readers gay rss gay
http://sgn.org/rss.xml | what is RSS? | Add to Google use Google to set up your RSS feed
SGN Calendar For Mobile Phones http://sgn.org/rssCalendarMobile.xml
SGN Calendar http://sgn.org/rssCalendar.xml

Seattle Gay News - SGN
1605 12 Ave., Ste. 31
Seattle, WA 98122

Phone 206-324-4297
Fax 206-322-7188

email: sgn2@sgn.org
website suggestions: web@sgn.org

copyright Seattle Gay News - DigitalTeamWorks 2013

USA Gay News American News American Gay News USA American Gay News United States American Lesbian News USA American Lesbian News United States USA News
Pacific Northwest News in Seattle News in Washington State News