Box Turtle Bulletin

Box Turtle BulletinNews, analysis and fact-checking of anti-gay rhetoric
“Now you must raise your children up in a world where that union of man and box turtle is on the same legal footing as man and wife…”
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Posts for July, 2014

Nevada marriage hearing set

Timothy Kincaid

July 1st, 2014

Reno Gazette-Journal

A federal appeals court says it will consider Nevada’s gay marriage ban on Sept. 8.

The 9th Circuit Court of Appeals in San Francisco has scheduled 20 minutes of oral arguments in the case of Beverly Sevcik v. Brian Sandoval. The court will also hear arguments that morning over similar cases in Idaho and Hawaii.

You may recall that Attorney General Cortez Masto and Governor Sandoval have pulled all state defense of the marriage ban, leaving only the Coalition for the Protection of Marriage to argue the case.

Nevada AG Asks to Withdraw Brief Defending Marriage Ban

Jim Burroway

February 10th, 2014

Nevada Attorney General Catherine Cortez Masto is asking the Ninth Circuit Court to allow her to withdraw a brief that had been filed on behalf of Gov. Brian Sandoval defending the state’s constitutional amendment banning same-sex marriage. In the statement, Cortez Masto cited last month’s ruling by the Ninth Circuit Court which held that discrimination based on sexual orientation warrented heightened scrutiny. That ruling in an unrelated case concerning jury selection had a huge impact on Nevada’s arguments:

“After thoughtful review and analysis, the State has determined that its arguments grounded upon equal protection and due process are no longer sustainable,” Cortez Masto said in Monday’s statement.

BuzzFeed has asked a spokeswoman for Sandoval for comment on Monday’s filing. The Associated Press reported, “Republican Gov. Brian Sandoval says he agrees with the move, saying it’s clear the state’s arguments are no longer defensible in court.”

Eight couples are suing the state of Nevada in Federal Court challenging the state’s marriage ban. A Federal Judge granted Gov. Sandoval’s motion to dismiss in 2012. Lambda Legal has taken the case to the Ninth Circuit on appeal.

This latest move follows the earlier decision by Carson City Clerk-Recorder Alan Glover to ask to withdraw his brief for the same reasons. With both defendants out of the picture, it leaves the Coalition for the Protection of Marriage as the sole defender of the ban. The Coalition was allowed to intervene by the U.S. District Court. But with the U.S. Supreme Court last summer turning back the Prop 8 challenge because outside intervening supporters lacked standing, it would seem that Nevada is on the cusp of letting Elvises marry gay couples in Vegas.