Carson City ends opposition in gay marriage suit

CARSON CITY — Carson City is withdrawing its opposition to a lawsuit challenging Nevada’s gay marriage ban, citing a recent ruling from a federal appeals court.

Last week’s ruling by the 9th U.S. Circuit Court of Appeals in SmithKline Beecham Corp. V. Abbott Laboratories saying it is unconstitutional to exclude jurors because of their sexual orientation made Carson City’s objections no longer warranted, District Attorney Neil Rombardo said Tuesday.

“That SmithKline case was game changer, and it changed the analysis in our circuit,” Rombardo said.

Rombardo had filed a brief Jan. 21 on behalf of Carson City Clerk-Recorder Alan Glover urging the court to uphold U.S. District Judge Robert Jones’ decision in favor of Nevada’s constitutional amendment approved by voters in 2002 defining marriage as between one man and one woman.

Jones upheld the state’s prohibition on same-sex marriage in 2012, rejecting arguments raised by eight same-sex couples that the amendment is unconstitutional. The couples, represented by Lambda Legal Defense and Education Fund, appealed.

The lead plaintiffs in the case, Beverly Sevcik and Mary Baranovich of Carson City, have been together for decades and raised three children.

Seventeen states now allow gay marriage, and Nevada’s fight comes as federal courts in other states have struck down similar measures, most recently in Utah and Oklahoma.

Rombardo said Carson City’s initial concern was not that gay marriage should be banned, but rather that legal standards could have invited challenges to other state marriage laws, specifically prohibitions against polygamy.

“I did not oppose equal rights marriage,” Rombardo said. “I do oppose polygamy. I do not think they are one and the same.”

Bin cases involving alleged discrimination, Rombardo said.