QUESTION NO. 2

Amendment to the Nevada Constitution

An Initiative relating to the definition of marriage

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?"

Yes 

No  

EXPLANATION

The proposed amendment, if passed, would create a new section to Article 1 of the Nevada Constitution providing that, "Only a marriage between a male and female person shall be recognized and given effect in this state."

ARGUMENTS FOR PASSAGE

Proponents argue that passage will ensure that Nevada law upholds the definition of marriage as being only between a man and a woman. While a Nevada statute provides that marriage may only be between a male and a female, current law provides that a legal marriage that took place outside Nevada is generally given effect under the "Full Faith and Credit Clause" of the United States Constitution. Proponents argue that if same gender marriages ever become legal in another state, under the Full Faith and Credit Clause Nevada could be required to recognize such marriages entered into legally in another state.

Proponents argue that this constitutional amendment is needed to define Nevada’s public policy on marriage being only between a male and a female.

A "Yes" vote means that the Nevada Constitution should be amended to provide that only marriages between a male and a female should be recognized and given effect in this state.

ARGUMENTS AGAINST PASSAGE

Opponents argue that the proposed amendment singles out one group of Nevadans for different treatment in our Constitution. By singling out same gender couples, opponents argue that discrimination occurs because the rights and privileges of marriage are denied to couples of the same gender. They argue that same gender couples are entitled to the same constitutional protections, legal rights and benefits as other couples. In addition, opponents argue that the proposed amendment is contrary to Nevada’s public policy that supports equality and civil rights for all Nevadans.

Opponents argue that a constitutional change is redundant and unnecessary because the definition of marriage as being only between a male and a female is already contained in Nevada Revised Statutes 122.020(1) and federal law.

FISCAL NOTE

Financial Impact- None that can be determined.

FULL TEXT OF THE MEASURE

The People of the State of Nevada do enact as follows:

RESOLVED, That a new section designated Section 21 be added to Article 1 of the Constitution of the State of Nevada to read as follows: