Measure on the ballot in the 2020 Nevada General Election in Nevada.
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Get StartedIn 2015 the U.S. Supreme Court held that the right to marry is guaranteed by the 14th Amendment to the U.S. Constitution and that same-gender couples may not be deprived of that right. This measure would enshrine that right in Nevada's constitution and remove existing language recognizing marriages only between a man and a woman. The amendment would also establish that religious organizations and clergy members have the right to refuse to perform a marriage.
A "yes" vote on this amendment is a vote in favor of a state constitutional amendment that recognizes marriage as between couples regardless of gender and establishes the rights of religious organizations and members of the clergy to refuse to perform marriages on the basis of gender or other factors.
A "no" vote is a vote against amending the state Constitution to recognize marriage as between couples regardless of gender and establishing the rights of religious organizations and members of the clergy to refuse to perform marriages on the basis of gender or other factors.
"One can support equal rights for all and still hold that marriage is between a man and a woman.", in opposition to State Question No. 2 (Learn more)
“This is not just a measure that will rectify language,” said former Assemblyman Nelson Araujo. “It will also be a huge sign to every Nevadan, to every LGBTQ person, that no matter how many times we get hit, no matter how many times people try to beat us down, we will make sure we are protecting our communities.”, in support of State Question No. 2 (Learn more)
Section 21 of Article 1 of the Nevada Constitution provides that only a marriage between a male and a female person may be recognized and given effect in this State. The United States Supreme Court, however, held in 2015 that the right to marry is guaranteed by the Fourteenth Amendment to the United States Constitution and that same-sex couples may not be deprived of that right. See Obergefell v. Hodges, 135 S. Ct. 2584 (2015). Under the Supremacy Clause of the United States Constitution, federal constitutional law supersedes state constitutional law in most cases. (U.S. Const. Art. VI, cl. 2) As a result, Section 21 of Article 1 of the Nevada Constitution is not enforceable. This resolution amends Section 21 of Article 1 of the Nevada Constitution to require the State of Nevada and its political subdivisions to recognize all marriages regardless of gender. In addition, this resolution establishes the rights of religious organizations and members of the clergy to refuse to perform marriages on the basis of gender or other factors, and specifically provides that a person does not have a right to make a claim against a religious organization or member of the clergy for refusing to perform a marriage. This resolution further provides that all legally valid marriages must be treated equally under the law. RESOLVED BY THE ASSEMBLY AND SENATE OF THE STATE OF NEVADA, JOINTLY, That Section 21 of Article 1 of the Nevada Constitution be amended to read as follows: Sec. 21. [Limitation on recognition] Recognition of marriage. [Only a marriage between a male and female person shall be recognized and given effect in this state.] 1. The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender. 2. Religious organizations and members of the 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 member of the clergy for such a refusal. 3. All legally valid marriages must be treated equally under the law. *Note: Words in [brackets] indicate proposed deletion of existing text.
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