Domestic Partnership Law in Nevada
By Trevor J. Hatfield, Esq., of John Peter Lee, Ltd. (www.johnpeterlee.com)
On June 1, 2009, the Nevada Assembly voted 28 to 14 to override Governor Jim Gibbons' veto of the bill establishing a domestic partnership law in Nevada. The vote in the assembly, combined with the State Senate's 14 to 7 override of Governor Gibbons' veto, means the bill becomes effective October 1, 2009.
Under Senate Bill 283, the bill to grant same-sex couples the same rights as married couples, which resembles California's domestic partnership law and which will take effect on October 1, 2009, essentially provides the exact rights, responsibilities, obligations, entitlements, and benefits of a marriage without calling the relationship a marriage. Instead, it is called a "domestic partnership".
The Domestic Partnership Responsibilities Act 2009 will provide rights for domestic partners, whether of the same sex or opposite sex, upon a couple signing the registry at the Secretary of State's office, and then paying a fee for a domestic partnership contract. Some examples of rights that are included will be the right to access certain information including the right to make and enforce healthcare decisions, visitation in hospitals, and anatomical donations. The partner may have inheritance rights and rights to administer the estate of a deceased partner when the domestic partner dies without a will. Other legal rights and responsibilities will apply to a domestic partner such as the rights to pursue a wrongful death action, the rights to sue on behalf of damages to the domestic partnership community, and the right to order an autopsy, among others. The law certainly treats domestic partners as if they were in a marriage, applying dissolution (divorce) laws and laws regarding property transfers, benefits, rights to wages when a domestic partner is injured and to unpaid wages upon the death of a domestic partner. A domestic partner is also entitled to the rights of unemployment and disability insurance benefits, workers compensation coverage, and insurance rights, including the rights under group policies, policy rights after the death of a domestic partner, conversion rights and continuing coverage rights. Employers of domestic partners are not required to offer healthcare or other benefits to domestic partner couples, but may do so if they so desire. (Source: Nevada Legislature's Web site, http://www.leg.state.nv.us/75th2009/Reports/history.cfm?ID=764)
Same-sex marriages were banned in Nevada in 2002 by the passing of Question 2 proposed in a referendum to the voters, and providing an Amendment to the Constitution of Nevada. The Amendment passed with almost 67% of vote. (Source: "Official 2002 General Election Results," Nevada Legislature's Web site, http://sos.state.nv.us/elections/results/2002General/ElectionSummary.asp) In 2009, a billed sponsored by State Senator David Parks was passed, but vetoed by the Governor, as he had promised. While in Nevada, there is a Constitutional Amendment that specifies that a marriage be between only a man and a woman, by the passage of Senate Bill 283, same-sex couples now enjoy essentially the same rights as married couples. In a poll conducted by the Las Vegas Review Journal, 38% polled favor it, while 50% oppose it, and 12% are undecided. Support tends to fall upon political party affiliation with self-identified Democrats supporting the domestic partner legislation 46% to 36%. Similarly, Independents showed 47% support and 42% opposition, and Republicans expressing much stronger opposition, 71% comparatively to only 23% of Republicans supporting the bill. (Source: "Poll finds half oppose law allowing civil unions," Ed Vogel, Las Vegas Review-Journal, May 19, 2009.)
