Nevada’s attorney general and governor said Monday that they won’t defend the state’s gay marriage ban when it goes before a federal appeals court, saying that a recent court decision makes the state’s arguments supporting its constitutional amendment “no longer defensible.” [...]This was a speedy turnaround; Nevada had just filed a brief in defense of the anti-equality law in January.
“After thoughtful review and analysis, the state has determined that its arguments grounded upon equal protection and due process are no longer sustainable,” Masto said in a statement. [...]
Gov. Brian Sandoval, a Republican seeking re-election this year, said he agreed with the Democratic attorney general’s action.
A bit oddly, the proximate reason the state cites for reversing course is a new 9th Circuit ruling that decided prospective jury members cannot be removed from a trial solely because of their sexual orientation—yes, apparently we just got around to deciding that recently—which was seen as an irreparable blow to Nevada's previously filed pro-discrimination arguments. Nonetheless, the state will no longer argue on behalf of the marriage ban. Good news.