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Same-sex marriage in Nevada


Same-sex marriage has been legally recognized in the U.S. state of Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its ban on same-sex marriage, 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.

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

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.

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 raises equal protection claims but does not assert a fundamental right to marry.

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". The decision was appealed to the Ninth Circuit Court of Appeals.


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