“Homosexual persons may marry in Nevada, but like heterosexual persons, they may not marry members of the same sex. That is, a homosexual man may marry anyone a heterosexual man may marry, and a homosexual woman may marry anyone a heterosexual woman may marry. Although the State appears to have drawn no distinction at all at first glance, and although the distinction drawn by the State could be characterized as gender-based, the Court finds that for the purposes of an equal protection challenge, the distinction is definitely sexual-orientation based.
“Homosexuals have not historically been denied the right to vote, the right to serve on juries, or the right to own property. It simply cannot be seriously maintained, in light of these and other recent democratic victories, that homosexuals do not have the ability to protect themselves from discrimination through democratic processes such that extraordinary protection from majoritarian processes is appropriate.” – United States District Court Judge Robert Jones, from his Thursday ruling that upheld Nevada’s ban on same-sex marriage.