Recognition of same-sex unions in Nevada
Same-sex marriage in Nevada was banned in 2002 through Question 2, an amendment to the Constitution of Nevada, which passed with almost 67 percent of the vote. In 2009, the Nevada Legislature passed a bill to create legal recognition of same-sex unions in Nevada. This bill would create a domestic partnership registry that enables same-sex couples to enjoy the same rights as married couples. It would also allow opposite-sex couples to obtain the benefits of marriage without a marriage license.[1] The bill was vetoed, as promised, by Governor Jim Gibbons, but that veto was overridden by the legislature on May 31, 2009. The law took effect on October 1, 2009.
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[edit] Domestic partnership
Senate Bill 283, the bill to grant same-sex couples most of the same rights as married couples, which resembles California's domestic partnership law,[2] was sponsored by openly gay Democratic Senator David Parks of Las Vegas. On March 15, 2009, Republican Governor Jim Gibbons announced that he would veto the legislation if it reached his desk, saying, "I just don't believe in" domestic partnerships. He believes domestic partnerships and marriage are virtually identical, and he asserted that because Nevadans voted in 2002 to ban same-sex marriage, they likewise would oppose the domestic partnership bill.[2]
The bill passed the Senate Commerce and Labor Committee on April 9, and it advanced to the Senate floor,[3] where it passed on April 21 with twelve votes in favor, nine opposed.[4][5] On May 15, the Nevada Assembly also passed the legislation 26–14.[6] However, the bill was vetoed by the Governor on May 26.[7] A vote of two thirds in each house of the legislature is required to override the governor's promised veto. Neither the Senate nor Assembly passed the bill with a veto-proof majority.
On Saturday, May 30, the Senate managed to override the Governor's veto, in a 14-7 vote.[8] The Assembly did the same on Sunday, May 31, overriding the Governor's veto 28-14.[9] The law has been in effect since October 1, 2009.[9]
[edit] About the domestic partnership
The Domestic Partnership Responsibilities Act 2009 will provide the exact state-level rights, responsibilities, obligations, entitlements and benefits of marriage - without calling it a marriage - instead it is called a Domestic Partnership. However, many employers state that due to the vagueness of the Act they do not have to provide any benefits to registered partners.
Some rights included in the Act
- Hospital visitation, health care decision–making, and information–access rights
- Inheritance rights and administration of the estate when the domestic partner dies without a will
- Rights regarding cemetery plots, disposition of remains, anatomical donations, and ordering of autopsies
- A surviving domestic partner may bring a wrongful death action based on the death of the other partner
- Testimonial privileges
- Community property rules apply
- Dissolution laws apply (with only a few exceptions)
- Domestic partners may sue on behalf of the community
- Domestic violence statutes apply
- Certain property transfers between partners are not taxed
- State veterans benefits apply
- Appointed and elected officials’ domestic partners are subject to the same laws and regulations that apply to officials’ spouses
- The right to use sick leave to care for a domestic partner
- The right to wages and benefits when a domestic partner is injured, and to unpaid wages upon the death of a domestic partner
- The right to unemployment and disability insurance benefits
- The right to workers’ compensation coverage
- Insurance rights, including rights under group policies, policy rights after the death of a domestic partner, conversion rights and continuing coverage rights
- Rights related to adoption, child custody and child support
- Business succession rights.
[edit] Differences from marriage
Some differences between Nevada domestic partnerships and marriage persist. These differences include:
- Parties wishing to enter into a domestic partnership must share a common residence, parties wishing to be married need not.[10]
- Parties wishing to enter into a domestic partnership must be at least 18 years old.[10] Parties wishing to be married in Nevada can be married at 16 with the consent of at least one parent.[11]
- Public agencies and public employers who provide health insurance for married partners of employees need not provide those same benefits to domestic partners.[10]
There are also a number of differences between marriage and domestic partnership due to the effects of the federal Defense of Marriage Act.[10]
[edit] Opinion polling
In May 2009 the Las Vegas Review-Journal polled Nevadans for their opinion on the domestic partnership bill and found that 38 percent favored it, while 50 percent opposed it and 12 percent were undecided. Self-identified Democrats supported the domestic partner legislation 46 percent to 36 percent. Similarly, independents showed 47 percent support and 42 percent opposition. Republicans expressed much stronger opposition, 71 percent; only 23 percent of Republicans supported the bill.[12]
An April 2011 Public Policy Polling survey found that 74% of Nevada voters supported legal recognition of same-sex couples, with 33% supporting same-sex marriage and 41% supporting civil unions, while 25% opposed all legal recognition and 2% were not sure.[13]
An August 2011 Public Policy Polling survey found that 45% of Nevada voters supported legalizing same-sex marriage, with 44% thinking it should be illegal, and 11% were not sure. In a separate question, 77% of Nevada voters supported legal recognition of same-sex couples, with 39% supporting same-sex marriage and 38% supporting civil unions, while 22% opposed all legal recognition and 2% were not sure.[14]
[edit] See also
[edit] References
- ^ Senate Bill No. 283
- ^ a b Nevada Governor says he will veto domestic partner bill
- ^ Bill for same-sex couples passes
- ^ Nevada Senate passes domestic partnership bill
- ^ Nevada Senate passes partner bill
- ^ Domestic partner bill endorsed
- ^ Domestic Partner Bill Vetoed, KXNT Las Vegas, 26 May 2009
- ^ Senate overrides governor’s veto of domestic partners bill
- ^ a b House overrides governor's veto of domestic partners bill
- ^ a b c d Domestic Partnerships in Nevada
- ^ Nevada Marriage Age Requirements Laws
- ^ Showdown expected in Nevada over partner bill
- ^ Sandoval still trounces Reid in re-do
- ^ NV supports prostitution, gay marriage, but not online poker
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