CARSON CITY, Nev. — In a landmark move that can eventually pave the way for gay marriage to be recognized in the state of the Nevada, Attorney General Catherine Cortez Mastro has announced that the state will not defend the ban on gay marriage.
In a statement, she said,
After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable.Jobs from Indeed
The state has a pending case in the 9th U.S. Circuit Court of Appeals and is seeking to withdraw their legal arguments that were originally submitted for the appeal.
Gov. Brian Sandoval says that he is in agreement with the decision not to defend traditional marriage saying that the matter would not be able to be defensible in court.
There are still a number of legal hoops to jump through and the matter could be voted on in 2016.
Proponents of gay marriage were elated to hear that the state of Nevada does not intend to defend their initial argument for traditional marriage.
Even though Nevada lawmakers are not yet shouting out their support for gay marriage, their actions are a clear indication of their understanding of a changing value and legal system.
Part of the reason for Nevada’s decision is certainly linked to Attorney General Eric Holder announced that the Justice Department would issue a policy memo granting gay couples the ability to file jointly for bankruptcy and guaranteeing that married same sex partners would not be forced to testify against each other in trial, even if their marriages are not recognized in the state where the couple lives
The eventual approval of gay marriage, be in or 2016 or later, will also serve to boost tourism since Nevada, Las Vegas in particular, is a popular tourist destination and long considered the marriage capital of the world.
Nevada supports gay marriage by not opposing it.