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Nevada Question 2, Definition of Marriage Initiative (2002)
| Nevada Question 2 | |
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| Election date |
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| Topic Family-related policy and LGBTQ issues |
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| Status |
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| Type Initiated constitutional amendment |
Origin |
Nevada Question 2 was on the ballot as an initiated constitutional amendment in Nevada on November 5, 2002. This was the second vote on proposed amendment, the first being in 2000. The amendment took effect with the second approval by voters.
A "yes" vote supported amending the constitution to provide that only marriage between a male and female person shall be recognized and given effect. |
A "no" vote opposed amending the constitution to provide that only marriage between a male and female person shall be recognized and given effect. |
Election results
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Nevada Question 2 |
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| Result | Votes | Percentage | ||
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337,197 | 67.20% | ||
| No | 164,573 | 32.80% | ||
Overview
What was this amendment designed to do?
This measure was designed to amend the constitution to provide that only marriage between a male and female person shall be recognized and given effect in the state.
Aftermath
Ninth Circuit Court
On October 7, 2014, the Ninth Circuit Court of Appeals struck down the same-sex marriage bans in Idaho and Nevada in a unanimous ruling by a three-judge panel. In its decision, the court said:[1]
| “ | Idaho and Nevada's marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states...These harms are not inflicted on opposite-sex couples. | ” |
U.S. Supreme Court
- See also: Obergefell v. Hodges
On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.[3]
Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.[4]
Nevada Question 2 (2020)
On November 3, 2020, Nevada voters approved Question 2, repealing Question 2 decided by voters in 2000 and 2002. Question 2 (2020) instead defined marriage as between couples regardless of gender. It also stated that religious organizations and clergypersons have the right to refuse to solemnize a marriage. The amendment had no practical effect on which couples could receive marriage licenses due to the U.S. Supreme Court's ruling in Obergefell v. Hodges (2015), which rendered laws defining marriage as between one man and one woman unconstitutional.[5]
Text of measure
Ballot title
The ballot title for Question 2 was as follows:
| “ | Shall the Nevada Constitution be amended to provide that: "Only a marriage between a male and female person shall be recognized and given effect in this state?" | ” |
Full Text
The full text of this measure is available here.
Background
Related measures
The following are measures that banned or attempted to ban same-sex marriages. Note that a number of them have been overturned.
Between 1998 and 2012, voters in 30 states approved ballot measures that defined marriage as between one male and one female or otherwise prohibited same-sex marriage. The U.S. Supreme Court invalidated bans on same-sex marriage in the case Obergefell v. Hodges in 2015.
- 1998: Alaska
- 2000: Nebraska
- 2002: Nevada
- 2004: Arkansas
- 2004: Georgia
- 2004: Kentucky
- 2004: Louisiana
- 2004: Michigan
- 2004: Mississippi
- 2004: Missouri
- 2004: Montana
- 2004: North Dakota
- 2004: Ohio
- 2004: Oklahoma
- 2004: Oregon
- 2004: Utah
- 2005: Kansas
- 2005: Texas
- 2006: Alabama
- 2006: Colorado
- 2006: Idaho
- 2006: South Carolina
- 2006: South Dakota
- 2006: Tennessee
- 2006: Virginia
- 2006: Wisconsin
- 2008: Arizona
- 2008: California
- 2008: Florida
- 2012: North Carolina
See also
External links
Footnotes
- ↑ USA Today, "More gay marriage band fall in Idaho and Nevada," October 8, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ NPR, "Supreme Court Declares Same-Sex Marriage Legal In All 50 States," June 26, 2015
- ↑ Supreme Court of the United States, "Obergefell v. Hodges," June 26, 2015
- ↑ Nevada Legislature, "Assembly Joint Resolution No. 2," accessed May 3, 2017
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State of Nevada Carson City (capital) |
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