Recognition of same-sex unions in Nevada
Encyclopedia
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. 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.
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.
The bill passed the Senate Commerce and Labor Committee on April 9, and it advanced to the Senate
floor, where it passed on April 21 with twelve votes in favor, nine opposed. On May 15, the Nevada Assembly
also passed the legislation 26–14. However, the bill was vetoed by the Governor on May 26. 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. The Assembly did the same on Sunday, May 31, overriding the Governor's veto 28-14. The law has been in effect since October 1, 2009.
Some rights included in the Act
There are also a number of differences between marriage and domestic partnership due to the effects of the federal Defense of Marriage Act
.
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.
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.
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.
Nevada
Nevada is a state in the western, mountain west, and southwestern regions of the United States. With an area of and a population of about 2.7 million, it is the 7th-largest and 35th-most populous state. Over two-thirds of Nevada's people live in the Las Vegas metropolitan area, which contains its...
was banned in 2002 through Question 2
Nevada Question 2 (2002)
Question 2 of 2002 is a ballot measure that amended the Nevada Constitution by adding a definition of marriage that prevented same-sex marriages from being conducted or recognized in Nevada...
, an amendment to the Constitution of Nevada
Constitution of Nevada
The Constitution of the State of Nevada is the organic law of the state of Nevada, and the basis for Nevada's statehood as one of the United States.-History:The Nevada Constitution was created in 1864 at a convention on July 4 in Carson City...
, which passed with almost 67 percent of the vote. In 2009, the Nevada Legislature
Nevada Legislature
The Nevada Legislature is the state legislature of the U.S. state of Nevada. The Legislature is a bicameral body, consisting of the lower house Nevada Assembly, with 42 members, and the upper house Nevada Senate, with 21 members. All 63 members of the Legislature are elected from an equal amount of...
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. 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.
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, was sponsored by openly gay DemocraticDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
Senator David Parks of Las Vegas
Las Vegas, Nevada
Las Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
. On March 15, 2009, Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
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.
The bill passed the Senate Commerce and Labor Committee on April 9, and it advanced to the Senate
Nevada Senate
The Nevada Senate is the upper house of the Nevada Legislature, the state legislature of U.S. state of Nevada. The Senate consists of 21 members from 19 districts, two of which are multimember. Each senator represented approximately 94,700 people as of the 2000 census, although 2006 Census Bureau...
floor, where it passed on April 21 with twelve votes in favor, nine opposed. On May 15, the Nevada Assembly
Nevada Assembly
The Nevada Assembly is the lower house of the Nevada Legislature, the state legislature of the U.S. state of Nevada. The body consists of 42 members, elected to two-year terms from single-member districts. Each Assembly district contained approximately 47,400 people as of the 2000 census, although...
also passed the legislation 26–14. However, the bill was vetoed by the Governor on May 26. 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. The Assembly did the same on Sunday, May 31, overriding the Governor's veto 28-14. The law has been in effect since October 1, 2009.
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 rightsInheritanceInheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
and administration of the estateAdministration of an estate on deathIn English law, Administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used....
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 actionWrongful death claimWrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute...
based on the death of the other partner - Testimonial privilegesSpousal privilegeIn the law of the United States, the spousal privilege comprises two separate privileges, the marital confidences privilege and the spousal testimonial privilege....
- Community propertyCommunity propertyCommunity property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
rules apply - Dissolution laws apply (with only a few exceptions)
- Domestic partners may sue on behalf of the community
- Domestic violenceDomestic violenceDomestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
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.
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.
- Parties wishing to enter into a domestic partnership must be at least 18 years old. Parties wishing to be married in Nevada can be married at 16 with the consent of at least one parent.
- Public agencies and public employers who provide health insurance for married partners of employees need not provide those same benefits to domestic partners.
There are also a number of differences between marriage and domestic partnership due to the effects of the federal Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
.
Opinion polling
In May 2009 the Las Vegas Review-JournalLas Vegas Review-Journal
The Las Vegas Review-Journal is published in Las Vegas, Nevada, United States. It is the largest circulating daily newspaper in Nevada, and one of two daily newspapers in Las Vegas . It is the flagship publication of Stephens Media LLC...
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.
An April 2011 Public Policy Polling
Public Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
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.
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.