Tag: Nevada

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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)

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NV: Marriage equality takes step forward – passes in state Assembly 27-14

Nevada took another step forward today in repealing it’s constitutional ban on marriage equality and making the freedom to marry possible for thousands of Nevadans.

The bill to repeal the ban passed in the state Assembly by a vote of 27-14.  Only one Republican legislator voted for the bill.

The state Senate had passed the bill, SJR13, earlier this year by a vote of 12-9.

SJR13 will have to be approved by the 2015 Legislature, and then voters in 2016 to take effect.

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Nevada: Bill to repeal marriage equality ban passes in state Senate

A bill repealing the state constitutional ban on same-sex marriage passed the Nevada Senate Monday by a vote of 12-9.

Senate Joint Resolution 13 repeals the constitutional amendment enacted by voters in 2002.

From Buzzfeed:

Sen. Kelvin Atkinson declared on the floor during the debate, “I am a black, gay male.” Because he was speaking about his sexual orientation publicly for the first time Monday night, he said he had heard negative comments about the marriage amendment repeal from others prior to the vote. But, he said, “People should mind their business and allow people to do what they want to do.”

Sen. Patricia Spearman (D), openly gay freshmen senator was the first to speak, saying “This is a vote to let the people vote for equality.”

Sen. David Parks (D) who is also openly gay, urged the passage saying the daily lives of heterosexuals would go on, but the passage of SJR13 would dramatically change the way he and his friends live.

Along the lines of equality, Sen. Aaron Ford (D) stood up to say his heart was pounding, and he compared this issue to the debate over interracial marriage.

“I…urge you to support the notion of equality,” he said. “That which denied me, and people who look like me, the opportunity to marry whomever we wanted to based on some arbitrary definition of what it’s suppose to be about.”

Sen. Ford is one of a few black members of the Nevada Legislature.

Sen. Justin Jones (D), said he couldn’t look a gay family member in the eye if he voted against SJR13’s passage.

One argument from the opposition – the voters have already decided to ban gay marriage eleven years ago. But many spoke saying, public support of the ban is wavering.

“This country is changing. Nevada is changing. And we must change with Nevada,” Sen.Ruben Kihuen said.

Senator Ben Kieckhfer was the lone Republican to vote in favor of passing the resolution.

SJR 13 is now on its way to the Assembly. If passed by lawmakers this year and in 2015, it would go to voters in 2016 who will ultimately make the final decision.

(source)

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Nevada: Marriage equality bill moves to full state Senate

Good news coming out of Carson City.  A “religious exemptions” amendment to SJR13, which would repeal the same-sex marriage ban in Nevada and make marriage equality legal, has passed.  The amendment was added to make the resolution more acceptable to some lawmakers.

From the Nevada Appeal:

The amendment offered by Sen. Pat Spearman, a lesbian minister, states: “Religious organizations and 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 clergy for such a refusal.”

The amendment was approved on an 11-10 party-line vote with Democrats in favor. Senate Joint Resolution 13 now goes to the Senate floor for a vote early next week.

Nevada is one of 29 states with a constitutional provision prohibiting same-sex marriage. But as in many other states, Nevadans’ sentiments on the issue are evolving and shifting.

In a letter last month to the Senate Committee on Operations and Elections, MGM Resorts expressed support for repealing Nevada’s gay marriage ban.

And this week a group of high-profile business leaders added their voice to the debate.

“To be competitive, a state must create an equitable, fair and respectful environment for all of its citizens,” said the letter signed by an array of sate business leaders, including Elaine Wynn, Billy Vassiliadis, Monte Miller and Sig Rogich. “For this reason — among others — it is vitally important that Nevada lawmakers enact marriage equality soon.”

It concluded, “The Nevada Legislature should act now. It’s the pro-jobs, pro-growth thing to do. It’s the right thing for Nevada.”

Read more at the Nevada Appeal