May 27, 2012
By David McGrath Schwartz
When a federal judge struck down California’s constitutional ban on same-sex marriages in 2010, then-Gov. Arnold Schwarzenegger and then-Attorney General Jerry Brown took an unusual step: They declined to defend their state’s constitution. Specifically, Brown, now the governor to the west, said Proposition 8, which added language to the California constitution that defined marriage as between a man and a woman, violated the federal constitution. Similarly, in 2011, more than a year before he declared his personal support for gay marriage, President Barack Obama decided not to defend the federal Defense of Marriage Act, saying that he believed the law passed by Congress was unconstitutional. But a challenge to Nevada’s constitutional prohibition on same-sex marriages poses a potential flashpoint for Republican Gov. Brian Sandoval and Democratic Attorney General Catherine Cortez Masto.
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