Nevada legal brief defends state’s same-sex marriage ban

CARSON CITY — Gov. Brian Sandoval has joined with a Nevada group in seeking to preserve the state’s constitutional definition of marriage as being between a man and a woman.

In a brief filed in a federal court challenge to the law, Sandoval said Nevada’s marriage law is constitutional “because it serves the legitimate purpose of preserving traditional marriage.”

Sandoval’s brief comes after the Coalition for the Protection of Marriage, which successfully put the marriage definition into the state Constitution in 2002, filed its brief with the 9th U.S. Circuit Court of Appeals on Tuesday.

Sandoval’s brief, filed by Attorney General Catherine Cortez Masto through Solicitor General Wayne Howle, said Nevada’s definition of marriage is legitimate, whether measured under equal protection or due process standards.

“The interest of the state in defining marriage in this manner is motivated by the state’s desire to protect and perpetuate traditional marriage,” the brief said. It also said the state definition of marriage is not motivated by animus against any group.

Sandoval is named in the case because he is governor. The brief is technically the state’s response to the legal challenge.

In a statement, Sandoval said, “My personal belief is that marriage is between a man and a woman. But as governor, I believe the people of Nevada should have the freedom to decide should this issue come before them for a vote. The courts will now make the decision and I will respect the decision of the court.”

That did not stop Rep. Dina Titus, D-Nev., from criticizing Sandoval on the issue.

“The fight for marriage equality is not about special rights for a few, but equal rights for all,” she said in a statement. “This is the wrong message to send to the thousands of Nevadans who want their loving relationships recognized the same as those of their straight friends and neighbors.”

The federal challenge to Nevada’s gay marriage ban was initiated by the Lambda Legal Defense and Education Fund on behalf of eight same-sex couples.

The case, Sevcik v. Sandoval, was filed in U.S. District Court on April 10, 2012, by Lambda Legal. In November 2012 Judge Robert C. Jones upheld Nevada’s prohibition of same-sex marriage, finding that it does not violate the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

Lambda Legal then appealed to the 9th Circuit.

Once Lambda Legal responds to the briefs filed by the marriage protection coalition and Sandoval, the 9th Circuit will determine whether to hold oral arguments in the case.

Two of the plaintiffs in the Nevada case are Carson City residents Beverly Sevcik and Mary Baranovich who met decades ago. They exchanged rings in 1971 but the appeal filed by Lambda Legal said they were turned away by the Carson City Marriage Bureau when they applied for a marriage license. They have registered as domestic partners under a law passed by the Legislature in 2009.

The Nevada Legislature in 2013 passed a resolution that would allow gay marriage if voters approved. The measure will have to pass the Legislature a second time in 2015 before it can go to voters in 2016.

Contact Capital Bureau reporter Sean Whaley at swhaley@reviewjournal.com or 775-687-3900. Follow him on Twitter @seanw801.