Attorneys for the ACLU are suing Clark County and the state of Nevada in hopes of overturning a religious test for nongovernmental officials desiring to perform marriage ceremonies.
"This is an action to address the unconstitutional policy and practice of the state of Nevada and Clark County to violate the constitutional rights of those wishing to solemnize marriages, and those wishing to get married in a place of their own choosing, solemnized by a person without religious affiliation," the lawsuit says.
"Plaintiffs allege that Nevada’s marriage solemnization provisions violate the Establishment Clause of the First Amendment to the United States Constitution, the Equal Protection clause of the 14th Amendment to the United States Constitution, the Religious Test clause of the United States Constitution, and ... the Nevada Constitution," the suit says.
State laws allow a person to obtain a certificate of permission to solemnize marriages based on the fact that he or she has a religious affiliation, the suit says. "Similarly-situated persons without such religious affiliation are specifically prohibited from obtaining such certificate. This requirement violates both the United States Constitution and the Nevada Constitution," the suit alleges.
http://www.lasvegassun.com/news/2011/mar/28/aclu-sues-county-state-over-religious-test-conduct/