Nevada: Carson City withdraws opposition to marriage equality appeal in Ninth Circuit

Carson City is withdrawing its opposition to the marriage equality lawsuit currently being appealed in the Ninth Circuit of Appeals due to the recent ruling on "heightened scrutiny" for gays and lesbians.

From Carson City District Attorney Neil A. Rombardo:

Carson City filed its brief on January 21, 2014. That same day, the Ninth Circuit issued a decision in the SmithKline case. In that case, the Ninth Circuit ruled that sexual orientation receives "heightened scrutiny" under the Equal Protection Clause of the 14th Amendment of the United States Constitution.

"The SmithKline decision holds Carson City to a higher standard then originally believed. As a result, I advised Carson City that it is no longer obligated to defend this case, and I recommended the withdrawal of Carson City's brief," said District Attorney Neil A. Rombardo in a released statement.

Carson City filed a notice of pertinent authorities today referencing the SmithKline case, and it will file the appropriate paperwork to withdrawal its opposition brief and file a notice of non-opposition to appellants' opening brief.

(via KTVN.com)