Sevcik v. Sandoval

Sevcik v. Sandoval
District Court Docket: 2:12-cv-00578
Court of Appeals Docket: 12-17668
Supreme Court Docket: 14A374
CourtU.S. Court of Appeals for the Ninth Circuit
ArguedSeptember 8, 2014
DecidedOctober 7, 2014
Citations911 F. Supp. 2d 996 (D. Nev.), reversed and remanded sub nom. Latta v. Otter, 771 F.3d 456 (9th Cir.)
Case history
Prior actionsDistrict Court (D. Nev.) November 26, 2012: Judgment for defendants, motion to dismiss granted in part.
Subsequent actionsCourt of Appeals (9th Cir.)

October 7, 2014: Mandate issued.

October 22, 2014: Response to petition for rehearing en banc ordered.

January 9, 2015: Petition for rehearing en banc denied.

District Court (D. Nev)

October 9, 2014: Judgment entered for plaintiffs, permanent injunction ordered.
Related actionsSupreme Court October 8, 2014: Stay of mandate ordered in error; amended order vacated this stay.
Holding
The judgment of the district court is reversed and the case remanded with an order to enjoin Nevada from enforcing the state's same-sex marriage ban.
Court membership
Judges sittingStephen Reinhardt,
Ronald M. Gould, and
Marsha Berzon
Case opinions
MajorityReinhardt, joined by Gould, Berzon
Keywords

Sevcik v. Sandoval is the lead case that successfully challenged and repealed Nevada's denial of same-sex marriage, as mandated by the state's constitution and statutory law. The case was filed on behalf of eight same-sex couples who either were denied marriage licenses in Nevada or sought recognition of lawful out-of-state marriages, challenging Nevada's statutory and constitutional marriage ban for violating the Equal Protection Clause of the Fourteenth Amendment. The United States Court of Appeals for the Ninth Circuit reversed the district court’s decision and directed entry of judgment for the plaintiffs, effectively ending enforcement of Nevada’s same-sex marriage ban. The plaintiffs' complaint was initially filed on April 10, 2012, in the U.S. District Court for the District of Nevada on behalf of several couples that were denied marriage licenses. These couples challenged the denial, arguing that it violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.

On November 26, 2012, Chief District Judge Robert Jones ruled against the plaintiff same-sex couples, granting in part a motion to dismiss the complaint against the Nevada government officials named in it. The plaintiffs appealed to the Ninth Circuit Court of Appeals on December 3, 2012.

Oral arguments in Sevcik and two related cases—Jackson v. Abercrombie and Latta v. Otter—were heard in the Ninth Circuit on September 8, 2014. On October 7, the panel reversed the lower court's ruling in Sevcik, remanding the case to the district court with direction to enter a judgment in favor of the plaintiffs, therefore effectively legalizing same-sex marriage in Nevada. After at least one judge on the Court of Appeals asked for a vote on the defendants' petition to have the case reheard by a larger, 11-judge panel. A majority of judges on the Ninth Circuit did not agree, thus making the ruling final on January 9, 2015.