Same-sex marriage in Nevada

Last updated

Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.

Contents

Nevada has recognized domestic partnerships since October 1, 2009, after the Nevada Legislature enacted legislation overriding Governor Jim Gibbons's veto. The state maintains a domestic partnership registry that enables same-sex couples to enjoy most of the same rights as married couples. It allows opposite-sex couples to establish domestic partnerships as well.

History

The LGBT community in Nevada enjoyed a series of political victories in the 1990s, including the repeal of a law that criminalized consensual same-sex sexual relations and the passage of a law banning discrimination on the basis of sexual orientation. [1] In 1998, the Mayor of Las Vegas, Jan Jones Blackhurst, issued a proclamation declaring February 12 as the National Freedom to Marry Day, a move considered "unprecedented" by local activists. Around the time the federal Defense of Marriage Act (DOMA) was passed in 1996, religious and conservative groups began campaigning to pass a constitutional amendment banning same-sex marriage in Nevada. A local version of the National Coalition for the Protection of Marriage was founded in 1999. The group succeeded in filing a petition to amend the Constitution of Nevada prohibiting same-sex marriages and banning the state from recognizing same-sex marriages validly performed elsewhere. Opponents of same-sex marriage gained momentum in Nevada by the successful campaign in California at the same time to pass Proposition 22. [1]

"Caught by surprise and unprepared", LGBT activists were severely underfunded compared to their opponents, who ran media campaigns and raised billboards. Most of the funding to opponents of same-sex marriage came from Mormons in Nevada. [1] The amendment, as Question 2, was placed on the ballot in November 2000, and passed with 69% of the vote. [2] It required approval a second time in 2002, when again it passed with 67% of the vote. [3] Efforts to recognize same-sex unions as reciprocal beneficiary relationships, similar to Hawaii's, were heavily opposed by the Coalition for the Protection of Marriage, and a bill to this effect was defeated in 2001. A month after Question 2 was approved by Nevada voters, the government of the Republic of Molossia, an unrecognized micronation near Dayton, issued a proclamation regarding same-sex marriage [lower-alpha 1] effective from December 29, that "Discrimination against any individual in any manner on the grounds of sexual orientation is absolutely prohibited. [...] This prohibition includes but is not limited to: discrimination as regards marriage (Partnering), inheritance, jobs, justice and the redress of wrongs, education, and spiritual sustenance. [...] Furthermore, no distinction will be made between homosexual relationships and heterosexual relationships. Both will be treated equally by the Government of the Republic of Molossia, its agencies, any private organization or agency (to include religious institutions), and any and all private citizens." [4] [5]

A domestic partnership bill successfully passed the Nevada Legislature in 2009, granting same-sex couples various state-level rights, benefits and obligations relating to inheritance, hospital visitation, insurance, property, and adoption. [6] In 2014, the constitutional amendment banning same-sex marriage was declared a violation of the Constitution of the United States by the Ninth Circuit Court of Appeals. This decision rendered the amendment unenforceable and legalized same-sex marriage in Nevada, [7] a few months before same-sex marriage was legalized nationwide in the United States. The ban was removed from the Nevada Constitution by voters in 2020. [8]

Domestic partnerships

Senate Bill 283, legislation creating domestic partnerships in which unmarried couples–both same-sex couples and different-sex couples–would have most of the rights of married couples, was sponsored by openly gay Senator David Parks of Las Vegas in 2009. To attract support, he modified his original draft so that the legislation exempted both private and public employers from having to provide health care benefits to their employees' domestic partners. [9] It passed the Senate on April 21, 2009, on a 12–9 vote, and the Nevada Assembly passed the legislation 26–14 on May 15. On May 25, Governor Jim Gibbons vetoed the legislation. In his veto message he wrote: "I believe because the voters have determined that the rights of marriage should apply only to married couples, only the voters should determine whether those rights should equally apply to domestic partners." [9] On May 30, the Senate overrode Gibbons' veto on a 14–7 vote, [10] and the Assembly overrode the veto the next day on a 28–14 vote, [11] obtaining the two-thirds vote needed to override the veto. The law took effect on October 1, 2009. [6] It allows opposite-sex couples to establish domestic partnerships as well. [12]

The Nevada Domestic Partnership Act (DPA) provides many of the state-level rights, responsibilities, obligations, entitlements and benefits of marriage under the name "domestic partnership". They differ from marriage in lacking a requirement that businesses and governments provide health benefits to the domestic partners of their employees if they do so for the spouses of their married employees. [11] [13] On June 26, 2013, the U.S. Supreme Court ruled in United States v. Windsor , which challenged the Defense of Marriage Act (DOMA) and declared Section 3 of DOMA unconstitutional, reasoning that it violated the protections of the Due Process Clause of the Fifth Amendment, as well as the equal protection guarantee of the Fourteenth Amendment. [14] Because of that ruling, federal government benefits were extended to same-sex couples and their children in states where same-sex marriage is legal. The DPA fails to qualify domestic partnerships as marriages only for the purpose of requiring businesses and governments to provide the health benefits stated above because of that ruling.

Nevada domestic partnerships differ from marriages in that a couple forming a domestic partnership must share a common residence. [13] Domestic partners must be at least 18 years old, the same age required for marriage. While someone who wishes to marry can do so at age 16 with the consent of one parent, no comparable exception is provided for someone who wishes to enter into a domestic partnership before the age of 18. [13] [15]

Some rights provided by a Nevada domestic partnership are:

Same-sex marriage

Statute

Between 1975 and 2017, Nevada's marriage statute (NRS § 122.020) stated that "a male and a female person...may be joined in marriage". [16] [17]

On February 21, 2017, a bill to make the marriage statute gender-neutral was introduced to the Nevada Assembly by Representative Ellen Spiegel of Henderson. The legislation passed the Assembly on April 17 in a 28–10 vote, and passed the Senate on May 17 in a 20–1 vote. [18] It was signed into law by Governor Brian Sandoval on May 26 and took effect on July 1, 2017. [19] Nevada statutes now read: [20]

Except as otherwise provided in subsection 2 and NRS 122.025, two persons, regardless of gender, who are at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a spouse living, may be joined in marriage. [NRS § 122.020]

Constitutional amendments

Results of Question 2 (2020) by county Yes .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} 60-70% 50-60% No 60-70% 50-60% 2020 Nevada Question 2 results map by county.svg
Results of Question 2 (2020) by county

Nevada voters approved Question 2, an amendment to the Constitution of Nevada that banned same-sex marriage, by 69.6% in 2000 and 67.1% in 2002. [lower-alpha 2] Richard Ziser, a real estate investor, headed the Coalition for the Protection of Marriage, which led the successful campaign that amended the State Constitution to define marriage as a union between "one man and one woman." [2] [3]

In 2013, the Nevada Legislature began work on legislation to repeal the constitutional ban and substitute in its place a gender-neutral definition of marriage. [21] The Senate approved such legislation on April 22 on a 12–9 vote, [22] and the Nevada Assembly passed the resolution on May 23 by a 27–14 vote. [23] It would have required approval by the next legislative session in 2015 and by voters in the 2016 election to take effect. [24] However, as Republicans took control of the Senate following the 2014 elections, no second vote was held.

On February 1, 2017, after the Democratic Party took control of the Senate following the 2016 elections, identical legislation (known as AJR2) was introduced to repeal the now-defunct ban on same-sex marriage in the Constitution. The resolution passed the Assembly on March 9, 2017, in a 27–14 vote. The Senate amended it to include a religious exemption, after which it passed the bill on May 1 in a 19–2 vote, [25] [26] [27] and the Assembly approved the Senate's amendment on May 2. [28] The resolution returned to the Nevada Legislature in February 2019. [29] It was approved by the Assembly on March 29, 2019, in a 38–2 vote and by the Senate on May 23 in a 19–2 vote. [30] [31] [32] The initiative was then placed on the November 2020 ballot for approval by voters. [lower-alpha 3] [33] [28] As Question 2, it was approved with 62% of the vote. [34] [8] [35] The constitutional amendment went into force on November 24, 2020. Section 21 of Article 1 of the Nevada Constitution now reads:

1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.
2. Religious organizations and members of the clergy have the right to refuse to solemnize a marriage, and no person has the right to make any claim against a religious organization or member of the clergy for such a refusal.
3. All legally valid marriages must be treated equally under the law.

Breakdown of voting for Question 2, 2020 by county
County Yes (%)Yes votesNo (%)No votesFormal total
Carson City 57.96%16,69142.04%12,10728,798
Churchill 44.35%5,52355.65%6,92912,452
Clark 64.75%584,48435.25%318,205902,689
Douglas 52.31%17,05147.69%15,54832,599
Elko 46.37%9,84253.63%11,38121,223
Esmeralda 33.97%15966.03%309468
Eureka 31.56%30368.44%657960
Humboldt 43.24%3,25856.76%4,2777,535
Lander 41.53%1,11158.47%1,5642,675
Lincoln 32.02%75567.98%1,6032,358
Lyon 47.26%13,75052.74%15,34429,094
Mineral 47.46%1,05652.54%1,1692,225
Nye 47.04%11,44852.96%12,88824,336
Pershing 39.58%87460.42%1,3342,208
Storey 50.45%1,41049.55%1,3852,795
Washoe 63.51%151,54536.49%87,068238,613
White Pine 42.54%1,79057.46%2,4184,208
Nevada62.43%821,05037.57%494,1861,315,236

Lawsuits

Sevcik v. Sandoval

On April 10, 2012, Lambda Legal filed suit in the U.S. District Court for the District of Nevada. In the case of Sevcik v. Sandoval , it argued that "No legitimate ... interest exists to exclude same-sex couples from the historic and highly venerated institution of marriage, especially where the State already grants lesbians and gay men access to almost all substantive spousal rights and responsibilities through registered domestic partnership." The case raised equal protection claims but did not assert a fundamental right to marry. [36] On November 29, 2012, Judge Robert C. Jones ruled against the plaintiffs, holding that "the maintenance of the traditional institution of civil marriage as between one man and one woman is a legitimate state interest". [37] The decision was appealed to the Ninth Circuit Court of Appeals. [38]

In February 2014, the state withdrew its brief defending Nevada's ban on same-sex marriage. Governor Brian Sandoval stated: "It has become clear that this case is no longer defensible in court". [39] On October 7, 2014, the Ninth Circuit Court of Appeals reversed the decision of the federal district court and remanded it back to the district court, ordering it to issue an injunction to bar enforcement of Nevada's amendment banning same-sex marriage. [40] [41] The court held that Nevada's ban on same-sex marriage constituted a violation of same-sex couples' Fourteenth Amendment right to equal protection. [42] The court also applied heightened scrutiny in concluding that Nevada's ban constituted discrimination on the basis of sexual orientation. On October 9, Judge James C. Mahan issued the injunction and same-sex couples began obtaining marriage licenses. [7]

Representative Lucy Flores welcomed the court ruling, saying, "Allowing people to marry who they love is the right thing to do." Senator Michael Roberson said that "[t]he state of Nevada should not discriminate against anyone", while Senator Justin Jones said, "This decision wasn't about being a Democrat or a Republican, but about giving those who love one another, regardless of gender, the rights we all deserve." Secretary of State Ross Miller welcomed the court ruling. [43] The first same-sex couple to receive a marriage license were Kristy Best and Wednesday Smith at around 3 p.m. on Thursday, October 9 in Carson City. Theo Small and Antioco Carillo were the first couple to be issued a license in Las Vegas shortly after 5 p.m. on October 9, followed a few minutes later by State Senator Kelvin Atkinson and his partner Sherwood Howard. [44]

LaFrance v. Cline

The Nevada Supreme Court ruled unanimously in LaFrance v. Cline on December 23, 2020, that the U.S. Supreme Court's decision in Obergefell v. Hodges obliges the state to recognize same-sex marriages legally performed in other jurisdictions before 2014. Mary Elizabeth LaFrance and Gail Cline had a civil union ceremony in Vermont in 2000 and legally wed in Canada in 2003, but their marriage was not recognized in Nevada at the time. In 2014, they divorced and filed for judicial dissolution. The trial court had to decide what property and assets were part of the "community" for purposes of division of assets. District Court Judge Mathew Harter concluded that pursuant to Obergefell he should find that their "community" came into effect when the couple entered into their civil union in 2000, and divided property accordingly. LaFrance appealed, contending that their marital community, for purposes of Nevada law, did not come into effect until the Sevcik decision in 2014. The state Supreme Court decided that a Vermont civil union could be recognized for these purposes solely if the couple had registered it as a Nevada domestic partnership, which LaFrance and Cline did not do. The court concluded that their marital community was formed in 2003 in Canada. Even though it was not recognized in Nevada at the time, the court found that it must be retroactively recognized pursuant to Obergefell. [45] [46] [47]

Statistics

Clark County issued its 10,000th same-sex marriage license on January 20, 2017. [48] The number of same-sex marriages performed in Clark County was 957 in 2014, followed by 4,055 in 2015, 4,778 in 2016, 4,418 in 2017, 4,269 in 2018, 4,233 in 2019, 3,469 in 2020, and 4,563 in 2021. Often referred to as the "Marriage Capital of the World", Las Vegas (and adjacent communities in Clark County) has one of the highest marriage rates in the U.S., attracting many couples from overseas and other states. In 2019, 420 same-sex spouses were from Mexico, 350 from England, 326 from China, 213 from the Philippines, 147 from Canada, 143 from Germany, 115 from France, 90 from Australia and 87 from Brazil, as well as several dozen from Israel, Spain, Cuba, Vietnam, Italy, Venezuela, Scotland, El Salvador and Thailand. [49]

Native American nations

The Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribe states that marriage is governed by state law rather than tribal law. As such, same-sex marriage is legal in the reservation of the tribe. [50] The Law and Order Code of the Fallon Paiute-Shoshone Tribe generally refers to married spouses as "husband and wife" but states that marriages entered into outside the tribe's jurisdiction are valid if they are valid in the jurisdiction where they were entered into. Similar language is found in the codes of the Washoe Tribe of Nevada and California, [lower-alpha 4] and the Yomba Shoshone Tribe. [52] The laws of the Ely Shoshone Tribe do not allow for the solemnization of same-sex marriages. Its Tribal Code states that "a male and a female person, at least 18 years of age, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage." [53]

Marriages between two-spirit people and men or women have been historically performed among these tribes. In Shoshone culture, two-spirit individuals are known as ta̲i̲nna wa’ippe (pronounced [ˈten.naˈwaʔip.pɨ,-pɨ̥] ). They performed women's activities but did not always wear women's clothing. Some of them married men, others married women, while others remained unmarried. [54] It was considered inappropriate, however, for two ta̲i̲nna wa’ippe to form a relationship. [55] The Northern Paiute people refer to two-spirit people who crossed out of the masculine gender as tudayapi (pronounced [tɨˈɾajapai] ), and they were likewise free to marry either men or women. [54] The two-spirit status thus allowed for marriages between two biological males to be performed in these tribes.

Public opinion

Public opinion for same-sex marriage in Nevada
Poll sourceDate(s)
administered		Sample
size		Margin of
error		 % support % opposition % no opinion
Public Religion Research Institute March 11–December 14, 2022  ? ?78%20%2%
Public Religion Research Institute March 8–November 9, 2021  ? ?71%22%7%
Public Religion Research Institute January 7–December 20, 2020 492 random telephone
interviewees		 ?80%16%4%
Public Religion Research Institute April 5–December 23, 2017 832 random telephone
interviewees		 ?70%23%7%
American Values Atlas/Public Religion Research Institute May 18, 2016–January 10, 2017 977 random telephone
interviewees		 ?67%25%8%
American Values Atlas/Public Religion Research Institute April 29, 2015–January 7, 2016 690 random telephone
interviewees		 ?57%35%8%
New York Times/CBS News/YouGov September 20 – October 1, 20141,502 likely voters± 3.4%55%31%13%
Moore Information September 27–29, 2013500 likely voters ?57%36%7%
Public Opinion Strategies 2013500 likely voters ?54%42%4%
Public Policy Polling August 23–26, 2012831 likely voters± 3.4%47%43%11%
Public Policy Polling July 28–31, 2011601 Nevada voters± 4%45%44%11%

See also

Notes

  1. ↑ Known in Molossia's two other official languages as samseksa edzeco (pronounced [samˈseksaeˈdzet͡so] ) in Esperanto, and matrimonio del mismo sexo (pronounced [matɾiˈmonjoðelˈmismoˈsekso] ) in Spanish.
  2. ↑ Amendments to the Constitution of Nevada must be approved twice by voters if initiated by the people, or twice by the Legislature and once by voters if initiated by the Legislature.
  3. ↑ Voters were asked: "Shall the Nevada Constitution be amended to: (1) remove an existing provision that only a marriage between a male person and a female person may be recognized and given effect in Nevada; (2) require that the State of Nevada and its political subdivisions must recognize marriages of and issue marriage licenses to couples regardless of gender, and that all legally valid marriages must be treated equally under the law; and (3) provide that religious organizations and members of the clergy have the right to refuse to perform a marriage, and that no person has the right to make any claim against a religious organization or member of the clergy for refusing to perform a marriage?"
  4. ↑ The Law and Order Code of the Washoe Tribe generally refers to married spouses as "husband and wife" but does not explicitly ban same-sex marriage. The Code requires the married couple, known in Washo as degumLá:yaʔ (pronounced [degumˈl̥aːjaʔ] ), to "consent to the establishment of the relationship of husband and wife between themselves". [51]

Related Research Articles

<span class="mw-page-title-main">U.S. state constitutional amendments banning same-sex unions</span>

Prior to the Supreme Court's decision in Obergefell v. Hodges (2015), U.S. state constitutional amendments banning same-sex unions of several different types passed, banning legal recognition of same-sex unions in U.S. state constitutions, referred to by proponents as "defense of marriage amendments" or "marriage protection amendments." These state amendments are different from the proposed Federal Marriage Amendment, which would ban same-sex marriage in every U.S. state, and Section 2 of the Defense of Marriage Act, more commonly known as DOMA, which allowed the states not to recognize same-sex marriages from other states. The amendments define marriage as a union between one man and one woman and prevent civil unions or same-sex marriages from being legalized, though some of the amendments bar only the latter. The Obergefell decision in June 2015 invalidated these state constitutional amendments insofar as they prevented same-sex couples from marrying, even though the actual text of these amendments remain written into the state constitutions.

This is a list of notable events in the history of LGBT rights that took place in the year 2005.

Richard Ziser is an American real estate investor and socially conservative political activist belonging to the Republican Party.

Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.

Same-sex marriage has been legally recognized in Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.

In response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

This is a list of notable events in the history of LGBT rights that took place in the year 2008.

Same-sex marriage has been fully recognized in Minnesota since August 1, 2013. Same-sex marriages have been recognized if performed in other jurisdictions since July 1, 2013, and the state began issuing marriage licenses to same-sex couples on August 1, 2013. After 51.9% of state voters rejected a constitutional amendment to ban same-sex marriage in November 2012, the Minnesota Legislature passed a same-sex marriage bill in May 2013, which Governor Mark Dayton signed on May 14, 2013. Minnesota was the second state in the Midwest, after Iowa, to legalize marriage between same-sex couples, and the first in the region to do so by enacting legislation rather than by court order. Minnesota was the first state to reject a constitutional amendment banning same-sex marriage, though Arizona rejected one in 2006 that banned all legal recognition and later approved one banning only marriage.

<span class="mw-page-title-main">LGBT rights in Nevada</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nevada enjoy the same rights as non-LGBT Nevadans. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.

Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.

Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.

Same-sex marriage has been recognized in Montana since a federal district court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.

Same-sex marriage has been legally recognized in North Carolina since October 10, 2014, when a U.S. District Court judge ruled in General Synod of the United Church of Christ v. Cooper that the state's denial of marriage rights to same-sex couples was unconstitutional. Governor Pat McCrory and Attorney General Roy Cooper had acknowledged that a recent ruling in the Fourth Circuit Court of Appeals and the U.S. Supreme Court's decision not to hear an appeal in that case established the unconstitutionality of North Carolina's ban on same-sex marriage. State legislators sought without success to intervene in lawsuits to defend the state's ban on same-sex marriage.

The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations, alongside American Samoa, remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.

<span class="mw-page-title-main">North Carolina Amendment 1</span> 2012 state amendment

North Carolina Amendment 1 was a legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina to prohibit the state from recognizing or performing same-sex marriages or civil unions. The amendment did not prohibit domestic partnership agreements, but defined male–female marriage as "the only domestic legal union" considered valid or recognized in the state. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%. On May 23, 2012, the amendment took effect.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legally recognized in Idaho since October 15, 2014. In May 2014, the U.S. District Court for the District of Idaho found Idaho's statutory and state constitutional bans on same-sex marriage unconstitutional in the case of Latta v. Otter, but enforcement of that ruling was stayed pending appeal. The Ninth Circuit Court of Appeals affirmed that ruling on October 7, 2014, though the U.S. Supreme Court issued a stay of the ruling, which was not lifted until October 15, 2014.

Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

References

  1. 1 2 3 McBride, Dennis (2009). "Gay History in Nevada and Las Vegas, 1969-2009, by Dennis McBride, Crystal Van Dee, and Paul Ershler". Out History.
  2. 1 2 Neff, Erin (February 10, 2004). "Ziser: Massachusetts shows gay marriage ban needed". Las Vegas Review - Journal. ProQuest   260172871.
  3. 1 2 Robertson, Tatsha; Freiss, Steve (November 23, 2003). "GAY MARRIAGE DECISION SPURS ACTION ACROSS US". Boston Globe. ProQuest   404841726.
  4. ↑ "Government Proclamations". Official Website of the Republic of Molossia. Archived from the original on February 18, 2022. Retrieved October 11, 2022. Proclamation 021229b: Equal Opportunity
  5. ↑ "Republic of Molossia". Travel Nevada. Archived from the original on January 25, 2022. Retrieved October 11, 2022. Same-sex marriage has been legal within this independent nation since 2002.
  6. 1 2 "Domestic partnership certificates issued in Nevada". USA Today. October 1, 2009. Retrieved May 23, 2013.
  7. 1 2 "Federal judge signs injunction allowing gay marriage in Nevada". Reno Gazette-Journal. October 9, 2014. Retrieved October 10, 2014.
  8. 1 2 Browning, Bil (November 4, 2020). "Nevada voters turn same-sex marriage ban into legal protections for gay couples". LGBTQ Nation. Retrieved November 6, 2020.
  9. 1 2 Vogel, Ed (May 25, 2009). "Gibbons vetoes domestic partner bill". Las Vegas Review-Journal. Retrieved May 23, 2013.
  10. ↑ Ryan, Cy (May 30, 2009). "Senate overrides governor's veto of domestic partners bill". Las Vegas Sun. Retrieved May 23, 2013.
  11. 1 2 Friess, Steve (June 1, 2009). "Nevada Partnership Bill Now Law". New York Times. Retrieved May 23, 2013.
  12. ↑ "Senate Bill No. 283" (PDF). Retrieved December 2, 2013.
  13. 1 2 3 "Domestic Partnerships in Nevada, April 5, 2012". LGBT Topics. ACLU of Nevada. March 5, 2010. Retrieved May 23, 2013.
  14. ↑ United States v. Windsor (US 2013)
  15. ↑ "Nevada Marriage Age Requirements Laws". Law.findlaw.com. Retrieved June 23, 2017.
  16. ↑ "NRS: CHAPTER 122 - MARRIAGE". leg.state.nv.us. January 1, 2017. Archived from the original on May 28, 2017.
  17. ↑ 1975 Statutes of Nevada, Page 1817
  18. ↑ Legislative history of AB229
  19. ↑ "Sandoval signs bill codifying right to same-sex marriage in Nevada". NBC My News 4. May 26, 2017. Archived from the original on May 28, 2017.
  20. ↑ Nevada Revised Statutes: Chapter 122 - Marriage
  21. ↑ "Nev. senate panel amends, passes gay marriage bill". Reno Gazette-Journal. April 11, 2013.
  22. ↑ Chereb, Sandra (April 22, 2013). "Gay marriage resolution advances in Nevada". Reno Gazette-Journal. Retrieved April 23, 2013.
  23. ↑ "Nevada Assembly backs resolution to end ban on gay marriage". Las Vegas Sun. May 23, 2013.
  24. ↑ Hagar, Ray (April 28, 2013). "Long road ahead for marriage equality in Nevada". Reno Gazette-Journal. Retrieved May 24, 2013.
  25. ↑ "Nevada Assembly resolution brings gay marriage debate back". Las Vegas Review-Journal. March 11, 2017.
  26. ↑ NV AJR2 | 2017 | 79th Legislature
  27. ↑ "Nevada senators move gay marriage update closer to ballot". Reno Gazette Journal. May 1, 2017.
  28. 1 2 Legislative history of AJR2
  29. ↑ "Joint Resolution is second step in effort to redefine marriage in the Nevada State Constitution". Nevada Capital News. March 13, 2019.
  30. ↑ "Nevada Assembly OKs marriage equality amendment". Northern Nevada Business View. April 1, 2019.
  31. ↑ Lyle, Michael. "Ballot question on state constitution's same-sex marriage ban coming in 2020". Nevada Current. Retrieved May 24, 2019.
  32. ↑ "Nevada AJR2A | 2019 | 80th Legislature". LegiScan. Retrieved May 24, 2019.
  33. ↑ "Same-sex marriage bill would alter Nevada Constitution language". Las Vegas Review-Journal. February 21, 2017.
  34. ↑ Silver State Election Results
  35. ↑ "Nevada Question 2, Marriage Regardless of Gender Amendment (2020)". Ballotpedia. Retrieved November 6, 2020.
  36. ↑ MetroWeekly: Chris Geidner, "Lambda Legal Files Federal Lawsuit Seeking Marriage Equality in Nevada," April 10, 2012 Archived October 22, 2012, at the Wayback Machine , accessed June 4, 2012
  37. ↑ Geidner, Chris (November 29, 2012). "Federal Judge Rules Nevada Can Ban Same-Sex Couples From Marriage". BuzzFeed Politics. Retrieved November 30, 2012.
  38. ↑ "Ninth Circuit Court of Appeals allows Hawaii and Nevada marriage cases to be heard on a parallel track". Equality on Trial. January 7, 2013.
  39. ↑ "Gay Marriage Ban Support Slips in Nevada". The Associated Press. New York Times. February 10, 2014. Retrieved February 10, 2014.
  40. ↑ "Ninth Circuit Strikes Down Gay-Marriage Bans in Idaho, Nevadal". Wall Street Journal. October 7, 2014.
  41. ↑ "Ninth Circuit Opinion" (PDF). October 7, 2014.
  42. ↑ "Appellate Court Strikes Down Gay-Marriage Bans In Idaho, Nevada". NPR.org. October 7, 2014. Retrieved October 7, 2014.
  43. ↑ Roerink, Kyle (October 8, 2014). "Where candidates in major Nevada races stand on gay marriage ruling". Las Vegas Sun.
  44. ↑ "First gay couple weds in Las Vegas". Politico. October 9, 2014.
  45. ↑ Bollinger, Alex (January 7, 2021). "Nevada retroactively recognizes same-sex marriages in lesbian divorce case". LGBTQ Nation.
  46. ↑ Leonard, Arthur (January 6, 2021). "Nevada Supreme Court Retroactively Recognizes Pre-Obergefell Marriages". GayCityNews.com.
  47. ↑ "Nevada Supreme Court Holds Obergefell Requires Retroactive Recognition of Out-of-State Same-Sex Marriages (but Not Civil Unions) for Community Property Purposes". Art Leonard Observations. December 31, 2020.
  48. ↑ 10,000th same-sex marriage license issued in Clark County
  49. ↑ "Marriage Statistics". clarkcountynv.gov.
  50. ↑ "Chapter 5. Domestic Relations and Adoptions" (PDF). www.narf.org.
  51. ↑ "Law and Order Code of the Washoe Tribe of Nevada and California, Title 9: Domestic Relations" (PDF). Washoe Tribe of Nevada and California. Retrieved January 6, 2023.
  52. ↑ "Title Eight - Domestic Relations of the Yomba Shoshone Tribe Law and Order Code". www.narf.org.
  53. ↑ "Ely Shoshone Tribal Code, Chapter 122: Marriage" (PDF). Ely Shoshone Tribe. Retrieved August 18, 2022.
  54. 1 2 Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures . University of Texas Press. ISBN   0-292-74701-2.
  55. ↑ Jacobs, Sue-Ellen; Thomas, Wesley; Lang, Sabine (1997). Two-spirit People: Native American Gender Identity, Sexuality, and Spiritually. University of Illinois Press. ISBN   0252066456.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.