Tag: Nevada

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Nevada: Ninth Circuit Court grants Lambda Legal expedited hearing

After Nevada Attorney General Catherine Cortez Masto’s withdrew the state’s brief in defense of banning marriage equality, Lambda Legal has requested and been granted an expedited hearing in the Ninth Circuit Court.

Via press release:

Lambda Legal Senior Attorney Tara Borelli said: “The fact that the government defendants no longer are defending Nevada’s exclusion of same-sex couples from marriage makes any delay in these loving and committed couples securing the relief they seek particularly intolerable. The wheels of justice are now on a much faster track.”

Gov. Sandoval’s request and the earlier decision by Carson City Clerk-Recorder Alan Glover to withdraw his brief were motivated by the Ninth Circuit’s recent ruling in SmithKline Beecham v. Abbott Laboratories that discriminatory classifications based upon sexual orientation must receive heightened scrutiny and should be presumed unconstitutional.

The heightened scrutiny standard is much tougher to meet and rendered the state of Nevada’s arguments in its original brief defending the marriage ban “no longer tenable in the Ninth Circuit,” as Nevada’s Attorney General conceded in a statement released last week.

The withdrawal of the two government defendants leaves only the Coalition for the Protection of Marriage, which the U.S. District Court had allowed to intervene, defending the marriage ban.

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NOM president Brian Brown cries over Nevada’s decision to not defend anti-gay marriage law in court

Brian Brown, NOM president, crying as he watches his very reason for being (and earning a living) slip away.

Via press release :

“In the end, this is simply an act of cowardice, with these officials bending to the false narrative of ‘inevitability’ projected by the radicals determined to impose marriage redefinition nationwide.”

Today’s whine is due to the state of Nevada deciding, due to a recent ruling in the Ninth Circuit of Appeals, to not defend the state’s ban on marriage equality.

Forward, kids.  Forward.

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Nevada: Attorney General asks to withdraw state’s defense of marriage ban in Ninth Circuit Court

Nevada Attorney General Catherine Cortez Masto is withdrawing her previously filed brief in defense of the state’s constitutional ban on marriage equality in a federal appeals court.

Gov. Brian Sandoval a statement saying he agreed, and that it’s clear the state’s arguments are no longer defensible in court.

From Buzzfeed:

In a statement, the attorney general explained the decision, saying that another recent decision of the court “sets a new standard of review for cases in the Ninth Circuit.”

In that case, involving jury selection, the 9th Circuit held that “heightened scrutiny” would be given to constitutional challenges to government classifications based on sexual orientation — a decision Cortez Masto determined, as had most legal commentators, would apply to the challenge to Nevada’s marriage amendment.

“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.

Lambda Legal released this statement:

“In the wake of the Ninth Circuit ruling in SmithKline Beecham v. Abbott Laboratories, the Governor has recognized that the writing is on the wall, and that arguments seeking to perpetuate discrimination are becoming extremely difficult to justify. Denying marriage to same-sex couples serves no legitimate state interest and is intended solely to perpetuate discrimination. As the Governor himself recognized, the heightened scrutiny standard that the Ninth Circuit’s SmithKline ruling now requires be applied to discriminatory classifications based on sexual orientation renders arguments supporting the marriage ban no longer tenable, and the Governor frankly made the only call he could.”

In Sevcik v. Sandoval, Lambda Legal, joined by pro bono co-counsel from O’Melveny & Myers LLP and Snell & Wilmer LLP, represents eight same-sex couples challenging Nevada’s law banning marriage for same-sex couples. The lawsuit argues that barring same-sex couples from marriage violates the Due Process and Equal Protection Clauses of the U.S. Constitution. A U.S. District Court judge granted Nevada Gov. Brian Sandoval’s motion to dismiss the lawsuit in November 2012, and Lambda Legal appealed the decision to the Ninth Circuit. The State submitted its brief supporting the marriage ban to the Ninth Circuit on the same day as the Court’s ruling in SmithKline.

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Nevada: Carson City withdraws opposition to marriage equality appeal in Ninth Circuit

Carson City is withdrawing its opposition to the marriage equality lawsuit currently being appealed in the Ninth Circuit of Appeals due to the recent ruling on “heightened scrutiny” for gays and lesbians.

From Carson City District Attorney Neil A. Rombardo:

Carson City filed its brief on January 21, 2014. That same day, the Ninth Circuit issued a decision in the SmithKline case. In that case, the Ninth Circuit ruled that sexual orientation receives “heightened scrutiny” under the Equal Protection Clause of the 14th Amendment of the United States Constitution.

“The SmithKline decision holds Carson City to a higher standard then originally believed. As a result, I advised Carson City that it is no longer obligated to defend this case, and I recommended the withdrawal of Carson City’s brief,” said District Attorney Neil A. Rombardo in a released statement.

Carson City filed a notice of pertinent authorities today referencing the SmithKline case, and it will file the appropriate paperwork to withdrawal its opposition brief and file a notice of non-opposition to appellants’ opening brief.

(via KTVN.com)

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Nevada Attorney General to readdress marriage equality argument in light of 9th Circuit Court’s ruling on “heightened scrutiny” for LGBT

Those in the Nevada LGBT community were disheartened to read Nevada State Attorney General Catherine Cortez Masto’s brief submitted to the ongoing Lambda Legal case trying to overturn the state’s ban on same-sex marriage.

In a section of the brief titled “Marriage Defined,” Masto laid out “What marriage is” and “What marriage is not.” In turning her attention to describing “What marriage is not,” Cortez Masto placed bigamy and incest as definitive exclusions, along with marriage between same-sex couples.

The ruling could have broad implications outside of the case. In the unanimous decision, the court held that discrimination based on sexual orientation is subject to heightened scrutiny.

It turns out Cortez Masto may have to readdress her arguments now that the Ninth Circuit has ruled that potential jurors may not be removed from a trial during jury selection solely because of sexual orientation.  This extends to gays and lesbians a civil right that the U.S. Supreme Court has previously promised only women and racial minorities. 

Via press release from Lambda Legal:

Nevada Attorney General Catherine Cortez Masto late yesterday issued a statement declaring that her office was reconsidering the State’s arguments in Lambda Legal’s lawsuit challenging Nevada’s discriminatory marriage ban, Sevcik v. Sandoval, in light of the recent U.S. Ninth Circuit Court of Appeals ruling in GlaxoSmithKline v. Abbott Laboratories.

Lambda Legal Senior Attorney Tara Borelli issued the following statement:

“While we are confident that Nevada’s discriminatory marriage ban would be found unconstitutional under any level of scrutiny, it is even clearer after the GlaxoSmithKline v. Abbott Laboratories decision. The Ninth Circuit ruling in the GlaxoSmithKline case is a game-changer and cannot help but compel reconsideration of all arguments supporting discriminatory marriage bans such as Nevada’s.

“We have long argued that discriminatory classifications based upon sexual orientation must at least meet the same standard of review as those based upon sex – they should be presumed to be unconstitutional. In the GlaxoSmithKline decision the Ninth Circuit has agreed, ruling that heightened judicial scrutiny must be applied to such discriminatory classifications. We are glad the Nevada Attorney General is reconsidering the issue.”

The Nevada legislature is currently in the middle of setting up a statewide vote to repeal the ban on marriage equality.

 In last spring’s legislative session, both houses approved a measure that would put a repeal vote before voters. The same procedure must occur in the next session in 2015 for the initiative to appear on the 2016 ballot.

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Nevada: Tea Party Assemblyman Jim Wheeler says he’d vote for slavery if his constituents wanted it

Nevada Assemblyman Jim Wheeler would support bringing back slavery if his constituents asked him to
Nevada Assemblyman Jim Wheeler

Well, it would figure a “politician” would say something this asinine in my state…

Republican Nevada state assemblyman Jim Wheeler of Gardnerville said that he would vote for legislation in favor of slavery if his constituents wanted him to. According to the Las Vegas Sun, the assemblyman was speaking to the Storey County Republican Party when he made the remarks last August, although they are only now coming to light.

“If that’s what they wanted, I’d have to hold my nose, I’d have to bite my tongue and they’d probably have to hold a gun to my head, but yeah, if that’s what the citizens of the, if that’s what the constituency wants that elected me, that’s what they elected me for,” he said. “That’s what a republic is about.”

The remarks have kicked off a firestorm with Republicans and Democrats alike rushing to denounce Wheeler, who rode the 2010 wave of tea party fervor into his spot on the state assembly.

The Associated Press quoted a statement by Republican Gov. Brian Sandoval that said, in part, “Assemblyman Wheeler’s comments are deeply offensive and have no place in our society. He should retract his remarks and apologize.”

I understand the assemblyman was trying to make a point that he represents his constituents.  But is it always a black and white case that the politician ALWAYS vote how a district feels?  Or at some point does the elected officials thoughts, experience and position factor into decision making?

What if the KKK actually moved into Wheeler’s district and said they would like more segregated legislation?  Would he REALLY vote that way?

OR – what if thousands of LGBT Nevadans moved to Gardnerville?  Would he suddenly support marriage equality?

Hmm….

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Nevada: Lambda Legal takes marriage equality appeal to Ninth Circuit Appeals Court

MY home state!

Today Lambda Legal filed its opening brief with the Ninth Circuit Court of Appeals in a case on behalf of eight same-sex couples challenging the amendment to Nevada’s constitution and other state laws banning marriage for same-sex couples. “The world has changed dramatically since we filed this lawsuit over a year ago,” said Tara Borelli, Staff Attorney in Lambda Legal’s Western Regional Office. “After the U.S. Supreme Court’s ruling striking down Section 3 of DOMA, Nevada’s ban on marriage for same-sex couples has become exponentially more harmful to same-sex couples who are barred from a sweeping array of federal benefits as well.”

The brief argues: “As the arbiter of which couples may be married in the State, Nevada thus holds the key to access for the sweeping array of spousal rights and responsibilities available under federal law, and keeps them locked away from same-sex couples under the marriage ban. By foreclosing same-sex couples from marriage, Nevada inflicts virtually the same collection of federal harms and deprivations on unmarried same-sex couples as DOMA previously did, since nearly all federal benefits are unavailable to unmarried couples, regardless of whether they are registered domestic partners.”

(via press release)

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Rally in Las Vegas to celebrate marriage equality victories

photo credit: Anthony Pecora

Under a clear blue sky in 105 degree heat,  Nevada LGBT leaders held a rally – part celebration, part battle cry – at the fab new Gay & Lesbian Community Center, following Supreme Court rulings Wednesday that shot down DOMA and Prop 8.

Hosted by Las Vegas’ favorite news anchor, Chris Saldana, community leaders and allies took to the stage to cheer the day and point to the battles ahead.

While Nevada doesn’t allow same-sex marriage currently, the ruling opens the door for questions about the protections of rights for same-sex couples here in the Silver State.  In the last legislative session, both the Assembly and the Senate approved SJR13, the first step to repeal the same-sex marriage ban and give the rights of marriage equality to gay and lesbian couples of Nevada.

In attendance were Chris Miller (co-chair of LGBTQ Coalition), Merek Bute (president of AFAN), Tod Story (ACLU of Nevada), Assemblyman James Healey, Sen. James Parks, Assemblywoman Michele Fiore (only GOP vote for marriage equality bill SJR13 this past legislative session), Sen. Pat Spearman, Assemblyman Paul Aizley, Sen. Ruben Kihuen, Sen. Justin Jones, and Assemblyman Andrew Martin (co-sponsor of SJR13).

Over and over, LGBT leaders and allies sent the message: “The fight for same-sex marriage is not over. The fight for equality is not over. And we need you.”

Rally host Chris Saldana gets the rally started

The crowd celebrates the day

Openly gay Assemblyman James Healy addresses the crowd

GOP Assemblywoman and ally Michele Fiore and her lesbian mom take the stage

Ryan Lyons of Le Reve and Broadway Bares shares a breather in the heat with Chris Saldana
Thanks for the beef cake, boys.

 Openly gay Sen. David Parks

Openly lesbian Sen. Pat Spearman

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Nevada Rep. Joe Heck forced to apologize for son’s racist and homophobic Twitter rants

Nevada Congressman Joe Heck

Joey Heck, the 16-year-old son of Nevada Rep. Joe Heck referred to President Obama as a “f—-t” and “n—a”, praising former Republican presidential candidate Mitt Romney for making the Democrat “his slave” during a 2012 presidential debate.

The Nevada teen, who just finished the 10th grade, said “Romney raped Obama” in a presidential debate and lauded the former Republican candidate for making the Democrat “his slave,” according to BuzzFeed.

“Crack that whip Romney,” Heck wrote last year in another message. Yet another post skewered Obama, indicating all he could do was “spear chucking and rock skipping. The sports they do in his home country.”

Homophobic messages also populated his Twitter account.

“There are gays everywhere. Maybe that’s gods way of thinning out the population because f—-ts can’t have babies,” he posted in a retweeted message.

Congressman Heck released a statement saying “that type of language has never been permitted in our home,” of the messages posted on Twitter by the youngest of his three children.

“My son also apologizes for his insensitive behavior. My wife and I have addressed this family matter directly with him and he has learned from it,” the boy’s father, 51, added.

Joey’s tweets were made public shortly after news broke of homophobic, racist and anti-Semitic social media postings from Tanner Flake, the teenage son of Republican Sen. Jeff Flake.

The Arizona Republican similarly said that he was disappointed in his son and offered assurances that his son had apologized.

(via NY Daily News)