Last year, a federal judge upheld Nevada's state constitutional ban on same-sex marriage because Nevada has "a 'legitimate state interest' in maintaining the traditional institution of marriage. The question 'is not the wisdom of providing for or recognizing same-sex marriage as a matter of policy,' he wrote. Instead, [U.S. District Judge Robert] Jones said it was a constitutional question about Nevada’s right not to recognize marriages from other states 'if those laws do not conform to Nevada’s one-man-one-woman civil marriage institution,'" the Associated Press reported. On Friday, the ruling was appealed to the Ninth Circuit. Nevada bans same-sex matrimony but authorizes domestic partnerships.
The district court decision was made before the U.S. Supreme Court struck down the federal Defense of Marriage Act.