Nevada joins Virginia in refusing to defend the indefensible.
Nevada’s attorney general and governor said Monday that they won’t defend the state’s gay marriage ban when it goes before a federal appeals court, saying that a recent court decision makes the state’s arguments supporting its constitutional amendment “no longer defensible.”
Attorney General Catherine Cortez Masto, in a motion filed with the 9th U.S. Circuit Court of Appeals, said Nevada’s legal arguments defending the voter-approved prohibition aren’t viable after the court’s recent ruling that potential jurors cannot be removed from a trial during jury selection solely because of sexual orientation.
“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 a statement.
Gov. Brian Sandoval, a Republican seeking re-election this year, 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.
Nevada legalized gambling eighty years ago, and has had legalized prostitution as well. They have drive-through wedding chapels and divorce laws that basically require nothing more than a filing fee. So for them to stand up against same-sex marriage as an assault on morality is a bit of a stretch even without the recent Supreme Court rulings.