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Nevada Governor Files Motion to Dismiss Sevcik Case

Nevada Governor Brian Sandoval, a Republican, files a motion in district court seeking to dismiss the Sevcik case.  In his brief, Gov. Sandoval argues that there is “no substantial federal question presented by plaintiffs’ complaint,” citing the 1972 Supreme Court ruling in Baker v. Nelson.  In that case, the Court dismissed a challenge filed by two gay men in Minnesota seeking to obtain a marriage license, and because of Supreme Court precedent at that time, the summary dismissal stands as a precedent for future cases.

Gov. Sandoval argues that it is solely up to the states to decide question of marital law and that the Baker decision means the Nevada district court lacks jurisdiction to hear the Sevcik case, since it presents the same constitutional question as Baker.  For that reason, his brief argues, the district court should decline to hear any arguments of the Sevcik case on the merits.

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