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Gay marriage battlegrounds: 7 states to watch

In the states, the battle over gay marriage is gathering steam. Federal judges have preempted local efforts toward legal gay marriage in some states, while activists in other states are gearing up for ballot measures. One state may be moving toward a stronger defense of traditional marriage. Here's the state-by-state rundown.

6. Nevada

Cathleen Allison/AP/File
Nevada Assemblyman James Healey (D) speaks on the Assembly floor at the Legislative Building, in Carson City, Nev., on May 23, 2013. The Assembly voted 27-14 in favor of repealing the language in the state constitution that defines marriage as between a man and a woman. The final step would be for voters to cast ballots on the matter.

(Updated Feb. 13, 2014) On May 23, 2013, the Nevada Assembly voted in favor of a measure that begins the multiyear process of repealing Nevada's anti-gay-marriage constitutional amendment. The measure had already passed in the Nevada Senate in April.

Under Nevada law, two legislatures must approve the measure, so the earliest gay marriage can get on the ballot is November 2016.

But the issue is also moving on the legal front. On Feb. 10, 2014, Nevada Gov. Brian Sandoval (R) and state Attorney General Catherine Cortez Masto (D) said they would no longer defend the state’s gay marriage ban in a case pending in federal court. The case challenges Nevada’s ban on the grounds that it violates the 14th Amendment’s guarantee of equal protection. 

Attorney General Masto filed a motion Feb. 10 with the Ninth Circuit Court of Appeals saying that Nevada’s legal arguments defending the ban were no longer viable after the court’s ruling that potential jurors cannot be rejected during jury selection just because of sexual orientation.  

"After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable," Masto said in a statement.

In February 2013, a poll from the Retail Association of Nevada found that 54 percent of Nevadans support removing the Protection of Marriage provision from the Nevada constitution, which bans same-sex marriage. 

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Mark Sappenfield
Editor

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