Nevada News Service
getting a boost now that marriage equality has come to Utah.
Allen Lichtenstein, general counsel at the ACLU of Nevada, says the
court ruling last month striking down the same-sex marriage ban in
Utah could set a legal precedent for the Silver State and elsewhere.
“If you read the Utah case and the rationale that the court used to
reach its decision, I think the arguments apply in Utah and Nevada and
everywhere else,” he maintains.
Lichtenstein says the failed rationale used by the State of Utah
involved arguing states rights. He says that means the state claims it
has the right to determine a certain issue without federal government
Lichtenstein points out some states made similar arguments during
slavery and the civil rights movement.
He says preserving a same-sex marriage ban requires a state to prove
that gay people getting married has, or will, harm society.
He says years of history prove that marriage equality has not caused
any damage in states where it’s legal.
“No state interest was harmed,” Lichtenstein maintains. “Nothing bad
happened. Lightning didn’t strike. Earthquakes, whatever was supposed
to happen, nothing happened.”
There is currently a court challenge to Nevada’s same-sex marriage
ban. The state Legislature also has approved a potential ballot
initiative that could legalize same-sex marriage.
The State of Utah is expected to challenge the marriage equality
ruling in the U.S. Supreme Court early in the New Year.