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Supreme Court opinion adds new importance to Nevada same-sex marriage ballot question

Scott McCann, Jeremy Gilson
Posted at 12:16 PM, Oct 05, 2020
and last updated 2020-10-05 15:41:27-04

LAS VEGAS (KTNV) — An opinion released by two conservative Supreme Court justices on Monday adds new weight to a ballot measure that Nevadans will see when they cast their vote in the 2020 election.


Justices Clarence Thomas and Samuel Alito released a four-page opinion against the landmark Obergefell v. Hodges decision, which legalized same-sex marriage across the U.S. five years ago.

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The opinion states the case has “created a problem that only it can fix,” suggesting there’s a possibility the justices could move to overturn the 2015 decision.

Thomas and Alito were among the four justices who voted against legalizing same-sex marriage, arguing that it should have been left to the states to the decide.

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The opinion comes weeks after the death of liberal justice Ruth Bader Gisnburg. President Donald Trump and his fellow Republicans are working hard to appoint Judge Amy Coney Barrett to that seat, which would give conservatives a 6-3 majority.


Nevadans will vote on whether to repeal a same-sex marriage ban from the state’s constitution when they cast their ballots in the 2020 election.

Like most states, it isn't easy to amend Nevada's Constitution.

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Changes can either come from a citizen-driven ballot initiative, which would need to be approved by voters twice, or from the Legislature.

Any proposal from lawmakers to amend the Constitution must be approved by the Legislature two sessions in a row, and then approved by voters on the ballot.