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Same-Sex Marriage

Nevada Ballot Measure - Question 2

Election: Nov. 3, 2020 (General)

Outcome: Passed

Categories:

Marriage
Sexual Orientation and Gender Identity

Summary


This ballot measure would remove an existing provision in the Nevada Constitution which provides that only a marriage between a male person and a female person may be recognized and given effect in Nevada. Based on a 2015 United States Supreme Court decision, this state constitutional provision is currently preempted by federal constitutional law and is therefore unenforceable.

In addition, based on the 2015 U.S. Supreme Court decision, each State must: (1) issue marriage licenses to same-sex couples on the same terms and conditions as opposite-sex couples; and (2) recognize same-sex marriages validly performed in another state. This ballot measure would amend the Nevada Constitution to require that the State of Nevada and its political subdivisions must recognize marriages of and issue marriage licenses to couples regardless of gender, and that all legally valid marriages must be treated equally under the law.

Finally, based on a 2018 U.S. Supreme Court decision, a member of the clergy who objects to same-sex marriages on moral and religious grounds cannot be compelled to perform same-sex marriages. This ballot measure would amend the Nevada Constitution to provide that religious organizations and members of the clergy have the right to refuse to perform a marriage, and that no person has the right to make any claim against a religious organization or member of the clergy for refusing to perform a marriage.

A "Yes" vote would amend the Nevada Constitution to: (1) remove the currently preempted and therefore unenforceable provision stating that only a marriage between a male person and a female person may be recognized and given effect in Nevada; (2) require that the State of Nevada and its political subdivisions must recognize marriages of and issue marriage 2 licenses to couples regardless of gender, and that all legally valid marriages must be treated equally under the law; and (3) provide that religious organizations and members of the clergy have the right to refuse to perform a marriage, and that no person has the right to make a claim against a religious organization or member of the clergy for refusing to perform a marriage.

A "No" vote would keep the currently preempted and therefore unenforceable provision in the Nevada Constitution stating that only a marriage between a male person and a female person may be recognized and given effect in this State and would not add a provision in the Nevada Constitution providing that religious organizations and members of the clergy have the right to refuse to perform a marriage, and that no person has the right to make a claim against a religious organization or member of the clergy for refusing to perform a marriage.

Measure Text


Shall the Nevada Constitution be amended to: (1) remove an existing provision recognizing marriage as only between a male person and a female person and require the State of Nevada and its political subdivisions to recognize marriages of and issue marriage licenses to couples, regardless of gender; (2) require all legally valid marriages to be treated equally under the law; and (3) establish a right for religious organizations and clergy members to refuse to perform a marriage and provide that no person is entitled to make any claim against them for exercising that right?

Resources


Official Summary

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