Why "No Comment"?

Today, our big "H/T of the Day Award" goes to the one & only Gleaner himself, Hugh Jackson. What else are we supposed to add to this?

http://t.co/uPW6EQlry6 @beckyharrisnv campaign slogan: pic.twitter.com/e2MZvtKhYA

— Hugh Jackson (@JHughJackson) October 20, 2014

Well of course, we can always add this:



And now, ProgressNow Nevada Action and Progressive Kick are adding this. Becky Harris (R) has been trying her best to hide from the voters since June, along with her running mates Patricia Farley (R) and Michael Roberson (R). They're all running for State Senate (and in Roberson's case, running for reelection), yet none of them has spoken to anyone in the press since August and all of them have have been severely limiting public exposure since June. Why?

Perhaps ProgressNow is onto something. Who is Becky Harris? While we've been doing plenty of sleuthing ourselves to uncover her radical G-O-TEA allegiances, ProgressNow has uncovered even more damning evidence. She testified not only against marriage equality, but also domestic partnerships (??!!), at the Nevada Legislature in 2001. She even endorsed "conversion therapy", the horrifically dangerous practice of attempting to "pray the gay away" from LGBTQ people. So why are we now supposed to believe Becky Harris won't (again) pursue what she's already gone to Carson City to advocate?

But wait, there's more. Last week, we told you about Becky Harris' internship at the Utah Legislature during the early 1990s. Back then, she took part in crafting anti-choice legislation. Now we know she took part in creating the infamous Utah law that would have threatened 15 year prison sentences for doctors performing abortions... If the US Supreme Court hadn't overturned that and other severe state level abortion restrictions in 1992. But now that the religious right wrong is waging another War on Women, we're again at risk of seeing women's reproductive rights taken away. How do we know Becky Harris won't join in (again)?

And of course, we all remember Becky Harris' now infamous August interview with Steve Sebelius. Funny enough, this was her very last media appearance before "The Blackout". Perhaps that's because Becky Harris let it slip that she's vehemently against even modest legislation to close Nevada's background check loopholes that allow dangerous criminals to get their hands on very dangerous weapons. According to Harris, it's more important to argue over the definition of "transfer" than to keep dangerous firearms away from the next Jerad Miller and Christopher Dorner.

All this helps explain why Becky Harris' spokespeople (and their boss, Michael Roberson) are making "No Comment". They don't want you to know her real record. They don't want you to know what she really wants to do in Carson City. So Roberson is keeping Harris in hiding in hopes they can trick the voters of Senate District 9 into electing her.

Perhaps Roberson's operatives think they can enjoy some "political trick-or-treat-ing" here, but voters deserve better. They deserve to know what Becky Harris is actually running on. And they deserve far more than "No Comment".

Back to the (DC) Beltway He Goes

Last week, they debated on Vegas PBS. They finally faced each other after weeks of attack ads and press release missives. But of course, all Adam Laxalt (R) had to offer were even more sorry "political issues".



During the Vegas PBS debate, Laxalt threw another temper tantrum over the atrocious evaluation he received from his own law firm. He even tried (again) to turn it into an attack on the character of Ross Miller (D), his opponent for Attorney General. Never mind that Laxalt himself has been loading up on Koch dark money, he's still trying to make this and "Gift-gate" trending topics.

Oh, and since he isn't satisfied by just the Koch funded ads, Laxalt's own campaign has been taking to the airwaves to lie about that "train wreck" evaluation.



He just doesn't know when to quit. Where's Kenny Rogers when we need him?

Look, we get it. Adam Laxalt doesn't want to explain why he still wants to fight against marriage equality and other LGBTQ civil rights. He doesn't want to revisit his "most flawed" take on the Affordable Care Act. He doesn't want to admit to not knowing where Yucca Mountain is. And still doesn't want to say how much (or little) he really knows about open meetings laws.

But ultimately, this is what we expect of someone aspiring to be our state's top law enforcement officer. He needs to answer critical policy questions. He needs to know the actual legal issues our state is facing. He can't just blithely dismiss everything he doesn't want to talk about as "political issues" beneath him.

Perhaps Laxalt should return to the cozy confines of Planet Neocon in the DC Beltway. He may have a "famous Nevada last name", but he clearly has no clue how to do the job for our state.

The Latest (@NVGOP) "Culture War" FAIL

Love is in the air. And cash is coming into the wallets. Now that Nevada finally has full legal marriage equality, Nevada businesses are benefiting from all that love in the air. After all, Las Vegas is "The Wedding Capital of the World"!



Of course, this is of no surprise to faithful readers here who've known for some time how lucrative marriage equality will be for The Silver State. However, it's still somehow a surprise for those who don't listen to us.

Case in point: Adam Laxalt (R). While he's still begging for "gifts", he continues to oppose civil rights for LGBTQ Nevadans. He's even tried attacking his general election opponent, Ross Miller (D), over Laxalt's own "political issues".



Another case in point: Barbara Cegavske (R). She repeatedly voted against LGBTQ civil rights (including marriage equality & domestic partnership) while serving in the Nevada Legislature. She proudly introduced a Koch backed "License to Discriminate" bill in the Legislature last year. And even now, she's still promoting a voter suppression agenda that threatens to disenfranchise thousands of transgender Nevadans if enacted.

Oh, and let's not forget these other fine cosponsors of that "License to Discriminate" bill: Cresent Hardy (R) & Mark Hutchison (R). Hardy can never have enough "segregation laws", yet Hutchison has barely uttered a peep on his "religious freedom" agenda since Thursday.

And then, we have US Senator Dean Heller (R) & Rep. Joe Heck (R). Since Thursday, they've been saying this (footage below).



Don't Republicans always say they're the "pro-business party"? So why aren't they happy about all this new business coming to Nevada?

Wait, is this more "Republican rebranding"? Might this be the new rallying cry for "libertarian populism"? Or are we just witnessing another G-O-TEA attempt to obscure another of its "Culture War" losses? (Our money is on the latter.)

Bye, Felicia.

It doesn't get any better than this. When a few vocal curmudgeons howled in protest over this Reno Gazette Journal cover, RGJ editor Brian Duggan responded with this:

Dear people complaining about today's front page: I chose that photo to run on the cover and I'd do it again. Kthxbye pic.twitter.com/dWGttCFNoO

Overall, that was quite the good read. But because we're awfully shady b-tchez, we thought of the perfect response.



Look, hunties. We get it. Not everyone is happy about marriage equality coming to Nevada. But come on, grrl. Just because they want a temper tantrum doesn't mean they have the right to spoil the party for all the rest of us.

News flash: They're not the only people in the world. Hell, they're not even the majority any more. Who do they think they are? Beyonce? Oh, hellz to the no!



Now that the usual H8 filled suspects no longer have a law suit to fight, they have to find something else to fill their time with. So now, they're trolling.

This isn't the first time they trolled. They've just become far more pathetic in doing so over the past five years.

And all we have to say about it is...



#ByeFelicia

Love Is All We Need.

Yesterday was a very special day at the Clark County Clerk's Office. For the first time ever, marriage licenses were being issued to all couples requesting licenses. Finally, Las Vegas was truly living up to its reputation as "The Marriage Capital of the World".



The crowd was huge at the Clark County Clerk's Office last night. The crowd wasn't as huge, however, at the Washoe County Clerk's Office. Nonetheless, the fortunate couples in Reno were greeted by flowers, cheers, and the marriage licenses they've been waiting so long for.



Finally, finally, marriage equality is now the law of the land here in Nevada. Kristy Best & Wednesday Smith were the very first same-sex couple to obtain a marriage license in Nevada, as the Carson City Clerk's Office decided not to wait any longer for the formal injunction order that Clark & Washoe were still waiting for. But once that injunction order was issued (preventing any further enforcement of Nevada's marriage ban), Theodore Small & Antioco Carillo became the first Clark County same-sex couple to obtain a marriage license. Shortly after, Karen Vibe & Karen Goody became the first Washoe County same-sex couple to obtain a marriage license.

Shortly after, State Senator Kelvin Atkinson (D-North Las Vegas) tied the knot with Sherwood Howard. Later in the evening, RuPaul's Drag Race Season 5 Quarterfinalist Coco Montrese (aka Martin Cooper) became the first "Diva of Las Vegas" to obtain a marriage license. And the fun didn't even stop there. All through the night, Las Vegas wedding chapels stayed open to help newly licensed couples "put a ring on it".



Yep, this really happened. And why not? This was a night some fourteen years in the making.

In 2000, Question 2 was placed on the ballot by the usual H8 filled suspects with the intent of ensuring these joyous moments would never occur. In 2002, they succeeded when Question 2 passed Round 2 on the ballot. And for the next decade, the usual H8 filled suspects had immense political juice in this state.

But when US Senate Majority Leader Harry Reid (D) made his big announcement in May 2012, something changed. While Senator Reid had already been quietly evolving on this matter, his public proclamation radically changed the political dynamics of the marriage fight in this state. And of course, the Sevcik v. Sandoval law suit forever changed the legal dynamics in this state.



Back in 2010, Rep. Dina Titus (D-Paradise) reminisced on the dark days of 2002. And she summed up quite nicely why the Question 2 marriage ban would be struck down four years later. Why stop love? Why would someone even want to try stopping loving couples from enjoying their lives together? Just take a closer look at the couples featured above. Do you want to stop them?

Love is love is love. And now, love can no longer be stopped here in Nevada. Now, love (along with $60 for the license fee) is all one needs to be married here in Nevada. And yes, this is most definitely something to celebrate.

Happy Marriage Equality Day, Nevada!

It's here! It's finally here! It's finally happening.

Washoe and Clark Counties are now good to go. Carson City was actually first to the marriage equality party, as the County Clerk there decided not to wait for Judge Mahan's order. But once that injunction order hit the Twitter wires, everyone else quickly hopped on board the Equality Express.

Here's the official Freedom Nevada statement on today's joyous news.

“Today is a day for the history books. The freedom to marry has come to Nevada, and soon across our great state, loving same-sex couples will at long last share in the respect and dignity only marriage can provide,” said [State Director Ward] Curtin.



“From this day forward, marriage equality will strengthen our families, strengthen our communities and make Nevada a better place to live and work.”



“We are forever grateful for the incredible legal team at Lambda Legal and the brave plaintiff couples who put their families front and center in this historic fight. Without their heroic efforts, today’s victory would not have been possible.”

And here's Lt. Governor candidate Lucy Flores (D) on tonight's most pleasant (not really a) surprise.

“My sincere congratulations to my good friends Kelvin and Woody,” Assemblywoman Flores said in her official statement. “This is a great day for the LGBTQ community in Nevada. Allowing people to marry who they love is fundamentally the right thing to do. Very soon all Nevadans will be able to experience the legal rights that come with full marriage.”



“It is unfortunate that my opponent does not support equal rights,” she continued – referring to Sen. Mark Hutchison, the Republican nominee for Lieutenant Governor.

Here's what Rep. Dina Titus (D-Paradise) tweeted:

#MarriageEquality finally! Congratulations to the couples getting married! #Nevada is on the right side of history! #NVproud #LGBT

Oh, and according to KSNV/News 3's Reed Cowan, State Senator Kelvin Atkinson (D-North Las Vegas) is now married! Congrats to Kelvin & Woody!

Consider this an open thread. We may update later if more major news breaks. Otherwise, we'll have a clean summary of the big break tomorrow morning.

Happy Marriage Equality Day, Nevada!

Marriage Equality: Where We Now Stand

So where do we now stand in the ongoing Sevcik v. Sandoval legal psychodrama? Here's the latest:

- The Ninth Circuit judges just reinstated their mandate to end Nevada's marriage ban.

- As we reported earlier, the usual (H8 filled) suspects dropped their petition to the US Supreme Court for a stay on the Ninth's ruling in favor of marriage equality. While the SCOTUS drama continues in Idaho, it's officially over here in Nevada.

- Now, all eyes turn to Las Vegas Federal District Judge James Mahan. Since the case is now in his court, it's up to him to issue an injunction barring any further enforcement of the Question 2 marriage ban.

- Once Judge Mahan issues this injunction that everyone in The Silver State is now eagerly awaiting, Clark County will begin issuing marriage licenses an hour later. Other Nevada county clerks will likely soon follow.

- But in the mean time, Lambda Legal's Tara Borelli is wondering why we're even waiting: “Finally, the confusion has ended and the Ninth Circuit’s decision is final and fully in effect. While the trial court will enter an order in the case finalizing relief, nothing prevents marriages from beginning immediately for same-sex couples in Nevada.” And technically, she's correct. Our hunch is that after yesterday's Supreme clusterf-ck, county clerks are exercising extreme caution (perhaps, too extreme).

- And finally, expect more legal movement in the coming days in Alaska, Arizona, & Montana. These are the remaining states covered by the Ninth Circuit that don't yet have marriage equality (other than Idaho, which is appealing Tuesday's ruling).

So here's where we stand now. As soon as we find an announcement stating when marriages will begin in Nevada, we'll post an update.

What's Next?

Apparently, we're not done checking up on our original homeland. And sadly, we have to discuss another heartbreaking Orange County story here.

In June, Zoraida Reyes was found dead in the parking lot of a Diary Queen in Anaheim. She was a fierce activist who advocated tirelessly for immigrant and trans* civil rights. When she passed away, the local DREAMer and transgender communities were shocked by this horrifying loss.



But now, they're a little closer to justice. On Tuesday, Anaheim Police arrested Randy Lee Parkerson for suspicion of murder. Anaheim Police are not investigating the Zoraida Reyes case as a hate crime, even though local trans* activists suspect Reyes' transgender identity was a "huge factor" in her death.

Southern California LGBTQ community advocates are also asking questions in the death of Aniya Parker in the East Hollywood neighborhood of Los Angeles. LA Police initially described Parker's death as the result of a "robbery gone bad", but video surveillance shows the assailants shooting Parker after she ran away from them, then leaving her purse behind.



The untimely deaths of Zoraida Reyes and Aniya Parker in Southern California serve as sorrowful reminders of the dangers so many LGBTQ Americans still face in this nation. And they serve as reminders to LGBTQ civil rights activists that we still haven't reached the end of the long road to equality just yet.

Now, we're finally a bit closer here in Nevada. Just moments ago, Jon Ralston posted the document showing the usual H8 filled suspects withdrawing their respective petitions to the US Supreme Court and the Ninth Circuit for an emergency stay in Sevcik v. Sandoval. They can still try requesting an en banc hearing in the Ninth or an appeal to the US Supreme Court. But as we've explained before, Perry v. Brown will ultimately be cited in their dismissal due to lack of standing.

So now, finally, after this very long wait, marriage equality is coming to Nevada. And already, we can hear folks asking, "What's next?" "What do those people want?" "Can't they leave all us 'normal people' alone now?"

As long as injustice persists, the beautiful struggle for equality continues. As the old saying goes, "No Justice, No Peace." Hate crimes are still happening, and perpetrators are still claiming "panic defense". People are still being fired, and perpetrators are still claiming "freedom". People still face wrongful discrimination on a number of matters daily, and perpetrators are still claiming "segreation laws".

While we've come a long way here in Nevada, there is still more progress needed here. And yes, there's still far more progress needed nationally. Today, we can't help but feel relieved that the Nevada case is finally coming to an end as marriage equality is fast on the move nationally. However, this doesn't mean the LGBTQ civil rights movement is now finished.

So what's next? Justice. And equality. For everyone. As long as people like Zoraida Reyes and Aniya Parker are losing their lives because of who they are, we should all know what's next for the LGBTQ civil rights movement.

On Long Waits & Enduring Hope

(The past 48 hours have been frustrating as hell. We just can't candycoat the sh-tshow that the Sevcik case has become. For the time being, marriage equality remains on hold in Nevada due to yesterday's epic courtroom confusion. Stay tuned here for further marriage updates.

In the mean time, let's take another trip to the Nevada Progressive archives to calm our nerves. Here, this might help us feel better: a classic from August 2010 on dealing with delays and confronting the bigotry that threatens to hold us down.)


This week has been a doozy for me. I was up. I was down. I was right. I was wrong. I was elated with joy. I was horrified and filled with fear.

And in the end, I just have to keep on chugging and do what needs to be done to move forward and achieve the full equality we so badly need and fully deserve.

I still have painful memories from 2008.

The yard signs that were stolen from my front yard. The homophobic insults coming from my own family. The belligerent Yes on H8 paid canvassers trying to bully my dad into taking away my civil rights. The "urine yellow" Yes on H8 signs being sprinkled all over my neighborhood by the anti-equality churches. These are my memories from the campaign.

The married couples wondering if their marriages were still "legally valid". The couples that waited too long and missed the chance to get a "limited edition marriage". The kids who were bullied in school before and after the election. These are still memories I have from the first days after Prop H8 passed.

Beating myself up constantly about why I didn't do more to stop this oncoming tragedy. This is the guilt I still have over my failure to do enough to stop Prop H8 from passing.

I still remember the drive home with my dad on the day after the election. (We were actually here in Nevada to help Obama win.) As soon as I heard on the radio that Prop 8 passed in California, I broke into tears... And cried all the way home. For the next two weeks, I was deeply depressed.

Am I sub-human? Are gay couples just inferior to straight couples? How could this happen here? Is this all my fault? These were the questions swirling around my head.

This week, I finally felt some closure. Prop 8 was overturned in federal court... And while marriage equality is still on hold in California, it was nice to see a glimpse of that "liberty and justice for all" I've heard about in this country.

I know we've all been frustrated by what may seem sometimes like a stunning lack of progress on attaining even the most basic of human rights for LGBTQ Americans. I know I have been. But this week, my hope was renewed. For once, the politics of hate and fear and bigotry was trumped by the possibility of a better America, an America that isn't ashamed to treat all her citizens equally.

Yes, I was feeling so great on Wednesday...

Then reality slapped me in the face yet again.

You see, last year I moved to Nevada. Yes, my dears, Nevada. I live smack dab in the middle of Henderson, which feels like the heart of that mythical "Middle America" I heard about when I was safe in the confines of "Left Coast California".

And believe it or not, this crazy lady is actually running for US Senate here.

Among her positions, outlined in answers to 36 yes-or-no questions, [Sharron] Angle would oppose making sexual orientation a protected minority in civil rights laws. In a section on school prayer, she affirms that students and teachers should be able to talk openly about religion in schools, including the right to "publicly acknowledge the Creator." [...]

In the questionnaire, submitted to the Washington-based Government is not God political committee, Angle said she would vote in Congress to prohibit abortion "in all cases," and considers a fetus a person under the Constitution.

The Washington-based group's website says it supports candidates who oppose abortion rights and "stand firmly against the unbiblical welfare state that is destroying the spiritual and economic greatness of our nation."

And if you think that's all, think again. Sharron Angle is supported by "Christian Reconstructionist" religious right extremists who want to impose THE DEATH PENALTY on "homosexual sodomites".

An organization calling itself Vision to America sent out a recent fundraising appeal sponsored by U.S. Senator Jim DeMint (R-SC) on behalf of Nevada Republican senatorial candidate Sharron Angle. "I have put together a plan to invest hundreds of thousands of dollars into the Nevada Senate race — along with several others like it — to achieve conservative victory. This plan includes running statewide television and radio ads, sending direct mail to targeted voters, and operating phone banks — all geared toward defeating Harry Reid in November."

What is American Vision, and why do they love Sharron Angle? American Vision has a goal: "The goal is to return America to its Biblical foundations “from Genesis to Revelation” (a postmillennial reading of Revelation, which holds that the Second Coming will occur after an era of Christian dominance). American Vision is a non-profit, tax exempt, educational organization. Like many of these groups, DeMar also has a companion organization that can raise money and promote candidates for elected office: Vision to America." [link ...]

The Bible is clear on moral issues that are culture-killers: homosexuality, homosexual marriage, and abortion," says DeMar, who is closely allied with D. James Kennedy of Coral Ridge Ministries, where he frequently speaks.

While DeMar insists that homosexuals wouldn't be rounded up and systematically executed under a "reconstructed" government, he does believe that the occasional execution of "sodomites" would serve society well, because "the law that requires the death penalty for homosexual acts effectively drives the perversion of homosexuality underground, back into the closet."

Another "long-term goal," he writes elsewhere, should be "the execution of abortionists and parents who hire them." [...]

In 1993, American Vision helped county commissioners in Cobb County, Ga., pass an anti-gay resolution so strongly worded that it sparked a national controversy. Cobb County Commissioner Gordon Wysong spoke at American Vision's annual fundraising banquet the following year, saying of gay people, "We should blame them for every social failure in America." [link]

Frightening enough, right? Wait, it gets worse. Sharron Angle herself openly advocated the complete denial of even the most basic civil rights to LGBTQ Nevadans when she helped found the openly xenophobic Independent American Party of Nevada in the early 1990s. Yep, that's right. She thinks we SHOULD be discriminated against at work, when shopping, when on the bus, when applying for disability benefits, when searching for a place to live, whenever, wherever.

Oh, and Sharron Angle won't even take money from companies that treat their LGBTQ employees fairly and equally. Yep, she's that serious about her homophobia!

So how can someone like this even be taken seriously? How can someone like this earn votes in her run for the United States Senate? What happened here?

It's still saddening to see bigotry used as a "wedge issue" in political campaigns. It broke my heart with Prop 8 in California two years ago, and now it just infuriates me to see Sharron Angle flaunt in my face her hatred of me and my extended queer family.

It just goes to show how much progress we still need to make in this country. It's great to see federal judges like the Honorable Vaughn Walker rule in our favor and rightly decide that we are citizens deserving of equal rights... And then it's terrifying to see Senate candidates like Sharron Angle vow to oppose any and all remedies to wrongful discrimination. Of course, it's safe to say she doesn't agree with Judge Walker's Prop 8 ruling.

OK, I guess I should mention the elephant... No, make that donkey in the room.

Now don't get me wrong, I'm not making excuses. And I'm not saying it's wrong for GetEQUAL or any other LGBTQ advocacy group to demand full equality. As a gay person myself, I'm 110% there with you! I'm just saying that Harry Reid is NOT the enemy, but rather a friend who I know wants to do the right thing. Sometimes we need to give him the extra push and "make him do it", as both he and Nancy Pelosi said on Saturday at Netroots Nation. But in the end, it's important to keep building these relationships, holding leaders like Reid and Pelosi accountable when necessary, but also remembering that these are our friends and we don't have to fight against them.

Yes, Harry Reid is my Senator. And yes, I know he's not perfect. But whenever I feel frustrated about why DOMA is still on the books or why ENDA hasn't been passed yet, I remember what's at stake here. I remember the batshit crazy tea-nut queen running against him, and I remember I have no choice but to make sure the tea-nut queen gets nowhere near the US Senate.

Sometimes, change isn't fast. Most often, change isn't easy. But in the end, Dr. Martin Luther King, Jr. was right. Change happens. "The arc of history is long, but it bends toward justice."

That's what gives me hope... Hope that Prop 8 will soon be another sad footnote in our history, one that we will have overcome. It's what gives me hope that one day soon (oh, it should be soon!), Harry Reid and Barack Obama will be able to herd those cats often referred to as "US Senators" and deliver on basic freedom from discrimination in the workplace. It's what gives me hope that homophobic, transphobic extremists like Sharron Angle won't be able to win elections on pure, primal hate.

So I guess the hope is still alive. It's been a long walk to freedom and equality, but I guess we'll soon make it all the way up there.

Hurry Up... & Wait.

We started the morning thinking it was about to happen. That was after we spent much of yesterday thinking we had to wait a little longer. But then, we were thrown another delay. And suddenly, we had to wait again.

But now, the wait may finally be coming to an end. Just hours after US Supreme Court Justice Anthony Kennedy issued a temporary stay on yesterday's Ninth Circuit Federal Court of Appeals ruling bringing marriage equality to Nevada and Idaho, Justice Kennedy recalled his own stay.

So what now? In Justice Kennedy's revised order, a temporary stay has been issued for Idaho. There, Governor Butch Otter (R) & Attorney General Lawrence Wasden (R) are requesting an en banc (or full court) hearing in the Ninth. The temporary stay will last until Thursday, when both sides have a deadline to respond to Otter's request for an en banc hearing and an extended stay of the Ninth's panel ruling.

The full Ninth Circuit is also asking for responses from both sides in Nevada by 5:00 PM Thursday, as the usual (H8 filled) suspects have requested a stay for Nevada. However, neither Governor Brian Sandoval (R) nor Attorney General Catherine Cortez Masto (D) is appealing the case. And considering the precedent the Supreme Court set in Perry v. Brown (the California Prop 8 case), it doesn't seem likely the Court will even grant the usual suspects standing to further appeal Sevcik v. Sandoval.

So what now? Officially, Nevada is about to receive legal marriage equality. But technically, Washoe County, Clark County, and other county clerks are turning away couples seeking licenses until Nevada federal district Judge James Mahan and/or the full Ninth Circuit clarifies next legal steps.

Today has felt like an infuriating game of "hurry up & wait". We can only imagine how the couples seeking marriage licenses must feel right now. Stay tuned here at Nevada Progressive as we continue attempting to wrap our heads around the legal ping-pong game this Sevcik case is rapidly devolving into.

The "Issue(s)" With Adam Laxalt

Wait, so "Gift-gate" is no longer a trending meme? Well, you heard it here first (as you, our faithful readers, usually do).

All of a sudden, Adam Laxalt (R) is searching for a new "political issue" to run on. So now, he's actually taking to the airwaves to outright lie about Ross Miller (D), his oppoent in the Attorney General race.

Believe it or not, Adam Laxalt is now claiming Ross Miller leaked the scathing legal evaluations from Laxalt's law firm. The trouble with Laxalt's claim is that there's no truth to it. Jon Ralston actually made the documents public, someone at Lewis & Roca leaked the documents to him, and Ross Miller's campaign had nothing to do with that.



It's funny that Laxalt wants to talk about those documents again. After all, those documents revealed to everyone exactly why Adam Laxalt (R) is woefully unprepared to serve as Nevada's top "legal eagle". So why does he want to remind us of the (lack of) qualifications he has for the office he's running for?

And why again is Adam Laxalt (again) refusing to run on his own "political issues"? Considering what's making headlines today, why won't Laxalt talk about his ongoing crusade against marriage equality and the overall Constitutional rights of LGBTQ Nevadans?



Doesn't he want to further explain his "most flawed case against Obamacare? And why wouldn't he want to impress us with his depth of knowledge on the state's open meeting laws?

Poor (little rich guy) Adam Laxalt. He just can't get over his many "political issues". But sadly for him, a whole lot of Nevadans are so over his campaign.

Dammit, Justice (Kennedy) Delayed Again.

Of course, it can't be easy. It can't be simple. It must be confusing.

When we woke up this morning, marriage equality was set to become the law of the land here in Nevada today. Because the State of Nevada already promised not to appeal the case, the legal fight was supposed to end today.

But then, this happened. And mass confusion on Twitter soon followed. Some legal experts seem to think US Supreme Court Justice Anthony Kennedy's temporary stay in Idaho also applies to Nevada because both cases were consolidated by the Ninth Circuit Federal Court of Appeals, but SCOTUSBlog's Lyle Denniston is reporting Justice Kennedy's stay only applies to Idaho (as that state is appealing The Ninth's ruling).

For now, it looks like Nevada officials are once again erring on the side of caution. Moments ago, the Clark County Clerk's Office recanted its proclamation from last night and will not issue marriage licenses today. And since the Washoe County Clerk's Office had already stated its plans to wait this out, that doesn't seem to be changing any time soon.

So what happened? Short answer: Idaho. Longer answer: Idaho Governor Butch Otter (R) is appealing the ruling, and the state's lawyers requested a temporary stay from Justice Kennedy. So Kennedy granted the stay.

But because Idaho and Nevada cases are consolidated, we must wait even longer to find out where we actually stand. Will the Supremes "decouple" the cases? Will they decide to take up both cases? Or will both cases be subsequently dismissed (like all the other ones were on Monday)?

Stay tuned. This isn't over yet.

What We Have... & What We Will No Longer Be Denied

(So we're still waiting for the federal district court to issue an injunction barring any further enforcement of the Question 2 marriage ban. Once that happens, marriage equality will finally be a reality here in Nevada. However that day may come sooner than originally thought, as Ninth Circuit Judge Steven Reinhardt ordered a prompt issuance demanding the lower court issue that injunction ASAP. And Clark County will begin issuing marriage licenses at 2:00 PM today!

Here at Nevada Progressive, we've been waiting just over 5 years for this joyous occasion. To celebrate, we took to our archives and pulled out this gem from 2009. Oh, yes. That's right. We're going all the way back to the beginning of SB 283, and of this blog.

This not only explains what we've had for the past 5 years, but also why a few brave people decided to sue for full equality. And now, we're here. Hallelujah, the wait is finally over!)



Probably one of the biggest Nevada stories of 2009 was SB 283 becoming law. Sure, it's not marriage... But it's something so new for Nevada. For once, we've become somewhat of a leader on LGBTQ equality. On May 31, 2009, "Luv-Guv" Gibbons' veto was overrode and Nevada became the first Mountain West state to recognize LGBTQ relationships and offer "marriage-like rights".



OK, so those "marriage-like rights" still don't ensure health care benefits for everyone and they still do nothing at the federal level. That's the problem, but hopefully one day this will change and these "marriage-like rights" will actually become full civil marriage equality. But in the mean time, let's reflect on SB 283 with this piece I wrote here back in August.

.... As we've been talking about for some time, SB 283 will officially become law on October 1. This will bring about some major changes in the law, mostly helping us. However, there are some things that we need to remember. Secretary of State Ross Miller hasn't yet updated the Nevada SoS site to include a domestic partnership page (as California's SoS does).

First off, David Parks wasn't joking when he said that this is NOT marriage. While SB 283 provides for domestic partnerships (DPs) that are supposed to treat "domestic partnered" couples just like married spouses, let's remember that this theory doesn't always work out in practice. So while we celebrate the first major advance in civil rights in Nevada in decades, let's keep working toward the final goal of true civil marriage equality. Probably the most significant reminder of the challenges LGBT families face in this state is the section of SB 283 considering workplace health care benefits. Simply put, employers are NOT required under Nevada law to provide health care benefits to domestic partners of employees as they do to other employees' married spouses.

Fortunately it is at least optional, so you'll continue to receive DP benefits at work if your employer already provides them. And if your employer doesn't yet provide DP benefits, you can still try to convince them to do so. Just don't expect the State of Nevada to make them do so... At least until we can improve the DP law.

Nonetheless, SB 283 will change Nevada law for the better for our families. One major example of this will be in family law. Specifically, child custody laws will be improved to make it easier for gay & lesbian couples looking to have children to do so. And considering the current headaches LGBT families with children have, this is quite a welcome development. And in many other matters, our families will receive more legal protections. Hospital visitation (should the partner become ill) will be easier. Community property laws will apply to domestic partners. State tax benefits currently afforded to married spouses will also be extended to domestic partners.

But again, we must stress that DPs under SB 283 are not marriage and will not be treated by the federal government as such. Even if you and your partner file for a DP this fall, you will still not be able to file a joint federal tax return. You won't be able to receive any spousal benefits from the military or the VA. You won't be able to sponsor your partner for US citizenship or permanent residency if he/she is a foreign national. Unfortunately, DOMA still applies here as it does across the nation. This is why it's crucial that not only Nevada law change to give our families full equality, but that federal law change as well.


I hope this helps answer some of the questions you may have about SB 283 and its imminent implementation. I'll keep the Stonewall site updated with any new information from the Secretary of State, as well as new legal opinions on what will and will not be covered by SB 283.

Marriage Equality... Is Finally Coming to Nevada!

Boom goes the dynamite. Just like this, it's over.

We hold that the Idaho and Nevada laws at issue violate the Equal Protection Clause of the Fourteenth Amendment because they deny lesbians and gays who wish to marry persons of the same sex a right they afford to individuals who wish to marry persons of the opposite sex, and do not satisfy the heightened scrutiny standard we adopted in SmithKline.

Judge Stephen Reinhardt wrote the majority opinion. Judges Marsha Berzon and Ronald Gould agreed, so the panel was unanimous in rendering this decision. The full Ninth Circuit opinion is now up. And like that, marriage equality is coming to Nevada! Oh, and it's coming to Idaho, too!

Actually, this is no suprise. Back in September, the Ninth Circuit judges were highly skeptical of the H8ers' whines and screams. H8ers are going to hate... But the Ninth Circuit panel wanted none of it.

Now keep in mind that this decision will not be appealed by the State of Nevada. And since the US Supreme Court just turned down seven cases appealing lower court pro-marriage rulings, it's probably a good idea for our world famous wedding chapels to prepare for the onslaught of wedding requests that's about to begin any day now.

Moments ago, Reps. Dina Titus (D-Paradise) & Steven Horsford (D-North Las Vegas) tweeted their congratulations. We're still awaiting word from Cresent Hardy (R-"Segregation Laws"), Adam Laxalt (R-"Political Issues"), & Barbara Cegavske (R-License to Discriminate). And we have a feeling we'll see far more reactions from elected officials across the state as the news sets in.

"It's Over."

It always feels so good to be validated. But how are we supposed to feel when Wisconsin Governor Scott Walker (R) validates us? Well, this is why we're feeling quite awkward this morning.

But hey, he said it: "It's over." And he's correct about this.

Yesterday, the US Supreme Court green-lighted marriage equality in Wisconsin, Virginia, Indiana, Oklahoma, and Utah by denying petitions for appeal in their respective marriage cases. And because the Court let these appellate court rulings stand, marriages may soon begin in even more states. Already, Colorado Attorney General John Suther (R) stood down and ordered all 64 Colorado county clerks to begin issuing marriage licenses as soon as possible, so marriages are now even happening there.

Just a year ago, marriage equality in Utah was unimaginable. But now, it's reality.





And eventually, it will be reality here in Nevada. Just don't tell Nevada Republican luminaries Adam Laxalt & Cresent Hardy. For them, "segregation laws" always make great "political issues". And yes, they still have plenty of company in the Nevada Republican Party.

Oh, and don't tell the religious wrong. They're still condemning the US Supreme Court for striking down (back in 2003!) state laws that pushed police officers into people's bedrooms. And of course, they're condemning yesterday's Supreme (in)action as "unconstitutional". Clearly, they're still in need of "basic plumbing lessons" on Constitutional law... Along with a general reality check.



Apparently, they haven't received Scott Walker's memo yet. It's over. Yes, truly, it's over.

Well, OK, it's not completely over yet. It won't be until we have marriage equality nationwide. But in terms of the political "optics" (that certain media pundits love to talk about), it's over. Sorry, H8ers.

Justice... Just Fashionally Late

Finally, we must wait no more... At least when it comes to the US Supreme Court. The nation's highest court had several marriage equality cases awaiting action. And now, we know the Supreme Court has denied petitions (for appeal) in all those cases.

So what does this mean? In short, marriage equality is now the law of the land in at least 5 more states: Virginia, Indiana, Wisconsin, Oklahoma, and Utah. By denying petitions of appeal, lower court rulings in favor of marriage will stand. This also means SCOTUS stays on those rulings expire today, and this is why marriages will likely begin today in Virginia and Wisconsin.

But wait, there's more. The Supreme Court essentially upheld these federal appellate court rulings de facto by dismissing the appeals. This will require lower federal courts within these appellate court circuits (4th, 7th, & 10th) to abide by these appellate court rulings. And this most likely opens the door to marriage bans being struck down quite soon in North Carolina, West Virginia, South Carolina (all 4th Circuit), Kansas, Wyoming, and Colorado (all 10th Circuit). (Maryland, Illinois, and New Mexico already have marriage equality.)

But wait, what about us? Well, that's the downside of today's ruling. Because the 9th Circuit hasn't yet issued a ruling on Sevcik v. Sandoval, we'll have to wait a little longer here in Nevada.

But then again, we may not have to wait that much longer. If the 9th overturns Nevada's marriage ban (as most legal observers expect), the Supreme Court may not decide to place a stay on that ruling should opponents appeal. After all, the Court just dismissed all these cases.

Nevada's LGBTQ families have been waiting 12 years for this. And sadly, they will have to wait just a little longer for justice to finally arrive. But now, we can feel more confident about justice arriving to The Silver State. Just pardon her for arriving fashionably late.

Still Waiting

We've been waiting all week for this. And now, we have our answer. And yes, it involves another week of waiting.

Earlier today, the US Supreme Court announced a slew of cases it will be taking up next session. None of those cases are marriage equality cases.

However, the nation's highest court may announce next week more cases it will be taking up in the next session. Might Justices be waiting for decisions from the Ninth Circuit? (Probably, along with decisions from the Sixth Circuit on Tennessee's, Kentucky's, Ohio's, and Michigan's respective marriage bans.)

One of the cases now at the Supreme Court is Kitchen v. Herbert. This is the suit challenging Utah's marriage ban. If the Court decides to reject this appeal, lower court rulings in favor of marriage equality will stand... And marriages will resume in Utah.

Marriage equality will also come to Virginia, Indiana, Wisconsin, and Oklahoma by the end of the year if the Supreme Court rejects appeals in all those cases. But wait, aren't we missing a state?

Hold on. We haven't been forgotten. Actually, Sevcik v. Sandoval is still in San Francisco at the moment. Even though most legal observers have a good idea as to how the Ninth Circuit will rule on Nevada's marriage ban, we still don't have an actual ruling yet. And since the usual suspects will likely appeal if the judges rule against upholding the 2000/2002 marriage ban, Nevada may be included on the Supreme Court's 2015 docket should the Justices decide to take up some or all of the marriage cases.

But for now, we're still waiting.

Just What Is "Rebranding"?

We're still playing/enduring "the waiting game" here. We're waiting for the Ninth Circuit Federal Court of Appeals to issue a decision in Sevcik v. Sandoval. And we're waiting to see if the US Supreme Court takes any marriage equality cases for next spring's session.



Yet while we've been waiting for the courts, we haven't had to wait for action in the political arena. Across the nation, momentum for LGBTQ civil rights continues. However, that momentum hasn't been across the board or completely across the spectrum.

In various hot Congressional races across the nation, G-O-TEA candidates continue to campaign on an anti-equality platform. And right here in Nevada, top G-O-TEA candidates like NV-04 hopeful Cresent Hardy (R) and Attorney General hopeful Adam Laxalt (R) continue to make "segregation laws" their premier "political issue".

Perhaps they and others see this as a mere "political issue". But for so many of us, it's not some political football. It's real life... And real love.



And in some cases, sadly, it's a matter of life & death.

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Even today, discrimination is still "the norm" in far too many corners of this nation. And certain G-O-TEA politicians want us to believe discrimination is OK... So long as it's "rebranded" as "religious freedom". But no matter what they want to call it, it's still wrongful discrimination.

They even want to prevent many of us from voting. Yes, you read that right. And yes, Secretary of State hopeful Barbara Cegavske (R) is on record supporting the very kind of voter suppression that could disenfranchise thousands of legal Nevada voters if enacted.



While we continue waiting for the courts' respective decisions, we're also waiting for G-O-TEA politicians to get real about their party's "rebranding". News flash: "Rebranding" means nothing if it's just a repackaging of the same old H8.

How It All Started

(Today, we're sifting through the Nevada Progressive archives, all the way back to April 2012. Yes, we've been monitoring the Sevcik v. Sandoval law suit since its infancy. And now, we await both a decision from the Ninth Circuit Federal Court of Appeals and a possible intervention from the US Supreme Court. So today, let's go all the way back to the beginning of this groundbreaking civil rights law suit.)

Last night, the lead plaintiffs in the case that's destined to shake up Nevada's marriage law went to Ralston to make their case.

(Start at 9:00.)



Yet while we see a new round of media buzz on this issue, let's not forget that there's an actual case to be tried in court. As we touched on yesterday, how the federal courts taking up this case interpret the Equal Protection Clause of the 14th Amendment will be key. And while there are similarities to the Prop 8 case in California, there's one key difference that Prop 8 Trial Tracker noted yesterday.

Lamdba Legal’s suit is no doubt in part inspired by the success of the American Foundation for Equal Rights in the Prop 8 case, Perry v. Brown, which led to historic rulings in favor of marriage equality in California both at the district and appellate court levels. Nevada, like California, falls under the jurisdiction of the Ninth Circuit Court of Appeals, so lawyers in the Sevcik case could cite the Prop 8 ruling in the Ninth Circuit as precedent. Additionally, any appeal of the eventual Sevcik ruling would end up at the Ninth Circuit just like Perry did.

Despite these similarities, the legal arguments that Lamdba Legal are pursuing in Sevcik are not quite the same as AFER’s arguments in Perry. The central complaint in the new Nevada case is an equal protection claim that domestic parternships violate the civil rights of gay and lesbian couples. In the Prop 8 case, AFER made the same equal protection claim but also argued for a fundamental right to marriage under the U.S. Constitution. Tara Borelli, a staff attorney with Lamdba, explained to MetroWeekly that the group “certainly believe[s] that the fundamental right to marry includes same-sex couples, but this court doesn’t need to answer that question to rule for the plaintiffs here. We’re convinced that our equal protection claim is so clearly correct that we want to keep the focus on that claim.”

Lambda Legal’s strategy makes the Sevcik case a more conservative one than the Prop 8 case in Perry, and would appear to be a response at least in part to the Ninth Circuit’s ruling in the Prop 8 case, which declined to address the fundamental right question and instead focused more specifically on the circumstances unique to California’s situation.

In explaining Lambda’s complaint, Borelli said, “One of the reasons that we’re suing in the state of Nevada is that this is a particular equal protection problem that this case examines. It’s the kind of problem created where a state excludes same-sex couples from marriage deems them fit for all of the rights and responsibilities of marriage through a lesser, second-class status — in this case, domestic partnership. That shows just how irrational that state’s decision is to shut same-sex couples out of marriage.”

So the Sevcik case here in Nevada will come down to whether domestic partnership actually provides "equal protection under the law", and if we can ever have true equal protection as long as the Question 2 marriage ban remains on the books. Unlike AFER's argument for a broad, nationwide fundamental right to marry that's being made in the Perry case in California, Lambda Legal is making a narrower argument based on the inequality present in Nevada family law and how that can not make federal Constitutional muster. It looks like Lambda Legal is confident that even if some federal judges are hesitant to use one stroke to knock down all the state marriage bans at once, they have to closely examine situations like ours and realize that we're experiencing clear and illegal discrimination.

So where will we go from here? For now, this will be in courtroom of Senior Judge Roger Hunt. And regardless of how Hunt decides, this will likely head next to the Ninth Circuit Court of Appeals. Interestingly enough, The Ninth is the same court that issued a narrow ruling in the Perry case back in February, a narrow ruling centered on the 14th Amendment's Equal Protection Clause. And funny enough, the Sevcik case will be argued on the 14th Amendment's Equal Protection Clause. Coincidence?

And like the California case, don't expect any immediate resolution. This may very well end up on the Supreme Court docket, but perhaps not for another 3-5 years. So buckle up and get ready for a long and bumpy and fascinating and trailblazing ride.

About That AD 30 Race...

Here at Nevada Progressive, we often note what the Nevada Republican Party does wrong. But today, we're feeling quite positive and generous. So we just have to note one thing the Nevada Republican Party is doing right.

So congratulations, Nevada Republicans. Congratulations on allowing Lauren Scott (R) to run for the Assembly in District 30 (Sparks and Spanish Springs in Washoe County). Oh, and congratulations to Washoe County Republicans on allowing Lauren Scott to speak to the media like State Senate Minority Leader Michael Roberson (R-Henderson) originally promised he & his hand-picked Southern Nevada running mates would (before they all broke that promise and went into hiding).

Now with this being said, we still need to correct some statements Lauren Scott made to the Reno Gazette Journal's Ray Hagar about the Nevada Republican Party's relationship with Nevada's LGBTQ communities:

1. Yes, all of a sudden some Nevada Republicans have decided it's "politically expedient" to no longer actively campaign in public on a platform of bigotry and hatred. However, that doesn't mean they've actually changed their policies.

2. Lauren Scott can call it whatever she wants, but she can't deny US Senator Harry Reid's (D) rather quick embrace of LGBTQ civil rights in recent years. We just wonder what she wants to call US Senator Dean Heller's (R), Rep. Mark Amodei's (R), and Rep. Joe Heck's (R) continuing refusal to allow full LGBTQ legal equality.

3. No matter how much the Nevada Republican Party touts its latest round of "rebranding", it can't hide Adam Laxalt's (R) "political issues" and Cresent Hardy's (R) "segregation laws". And no, it can't even hide Mark Hutchison's (R) voting record.

4. Governor Brian Sandoval (R), along with Attorney General Catherine Cortez Masto (D), essentially had to be dragged kicking & screaming out of the Sevcik marriage suit that's now awaiting a decision from the Ninth Circuit Federal Court of Appeals. Yet while Cortez Masto has remained relatively quiet on the subject since dropping the state's legal defense of marriage discrimination, Sandoval has continued to state his support for marriage discrimination despite admitting he has no legal case left for the Question 2 marriage ban.

5. Just how much support has Lauren Scott received from her fellow Republicans? {crickets}

So yes, it's great to see the Nevada Republican Party allowing for an openly trans* candidate for the Legislature. Really, it's a great achievement for them. It's just too bad the vast majority of them still refuse to adopt a platform that respects all LGBTQ Nevadans. And no, omission is not the same as acceptance.

Oops, maybe we're not feeling as positive and generous as we originally thought we were.