Carson City Set to Withdraw Opposition on Marriage Equality Issu - KTVN Channel 2 - Reno Tahoe News Weather, Video -

Carson City Set to Withdraw Opposition on Marriage Equality Issue

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From Carson City District Attorney Neil A. Rombardo:

As part of the lawsuit to decide marriage equality in Nevada, the plaintiffs filed suit against the State, Carson City, Clark County, and Washoe County. Clark and Washoe counties refused to defend the lawsuit. The State and Carson City prevailed at the Nevada Federal District Court level.  As a result, the plaintiffs appealed to the Ninth Circuit Court of Appeals.

Carson City filed its brief on January 21, 2014. That same day, the Ninth Circuit issued a decision in the SmithKline case.  In that case, the Ninth Circuit ruled that sexual orientation receives "heightened scrutiny" under the Equal Protection Clause of the 14th Amendment of the United States Constitution. "The SmithKline decision holds Carson City to a higher standard then originally believed. As a result, I advised Carson City that it is no longer obligated to defend this case, and I recommended the withdrawal of Carson City's brief," said District Attorney Neil A. Rombardo in a released statement.  Carson City filed a notice of pertinent authorities today referencing the SmithKline case, and it will file the appropriate paperwork to withdrawal its opposition brief and file a notice of non-opposition to appellants' opening brief.

From Carson City District Attorney Neil A. Rombardo

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