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Does Nevada now have the only state constitution protecting same-sex marriage?

Sunday, November 15, 2020
By Emanuela Podda Ankrom
YES

In the November 2020 election, Nevadans voted to amend their state's constitution to recognize marriages of "couples, regardless of gender"— becoming the only state with constitutional protections for same-sex marriage. The Nevada measure also guarantees the right of religious organizations to decline to perform certain marriages. Voters approved the measure with 62% in favor.

Nevada was previously one of 30 states that had adopted constitutional bans against same-sex marriage. A 2015 Supreme Court decision, Obergefell v. Hodges, recognized same-sex marriage and overrode those states' provisions.

Prior to 2015, gay marriage had been effectively legalized in the majority of states via court decisions and legislation—but not by state constitutional amendments.

Nevada's measure ensures same-sex marriage will remain legal there even if the Supreme Court were to reverse the Obergefell ruling.

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