Nevada to vote on scrapping man-woman definition of marriage in state Constitution – The Christian Post

By Ryan Foley, Christian Post Reporter Follow | Tuesday, September 29, 2020 A wedding cake at a reception for same-sex couples is seen at The Abbey in West Hollywood, California, July 1, 2013. | REUTERS / Lucy Nicholson

Voters in Nevada will decide in November whether to change the text of the state Constitution to remove language defining marriage as a union between only one man and one woman.

Nevada is one of the about 30 states that passed a constitutional amendment to ban same-sex marriage before such rules were struck down by the 2015 Supreme Court decision, Obergefell v. Hodges, which established a right to same-sex marriage nationwide. 

However, the text of the amendment remains in the Nevada Constitution even though it is unenforceable.

In 2017, former Assemblyman Nelson Araujo and state Sen. David Parks, both Democrats, introduced Joint Resolution 2, which would “amend Section 21 of Article 1 of the Nevada Constitution” to reflect the fact that the Obergefell decision made it unenforceable. 

Last year, the Nevada legislature voted so that the question will appear on the ballot as Question 2 this fall.

If Question 2 passes, the text of Section 21 of Article 1 of the Nevada Constitution will be revised to read “The State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender.”

The language offers a caveat that “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.” 

The proposal stresses that “all legally valid marriages must be treated equally under the law.”

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