Best of 2009 #7: "SB 283: What We Have & What We're Still Being Denied"

Probably one of the biggest Nevada stories of 2009 was SB 283 becoming law. Sure, it's not marriage... But it's something so new for Nevada. For once, we've become somewhat of a leader on LGBTQ equality. On May 31, 2009, "Luv-Guv" Gibbons' veto was overrode and Nevada became the first Mountain West state to recognize LGBTQ relationships and offer "marriage-like rights".



OK, so those "marriage-like rights" still don't ensure health care benefits for everyone and they still do nothing at the federal level. That's the problem, but hopefully one day this will change and these "marriage-like rights" will actually become full civil marriage equality.

But in the mean time, let's reflect on SB 283 with this piece I wrote here back in August.

....

(Also at the Stonewall Blog)

As we've been talking about for some time, SB 283 will officially become law on October 1. This will bring about some major changes in the law, mostly helping us. However, there are some things that we need to remember. Secretary of State Ross Miller hasn't yet updated the Nevada SoS site to include a domestic partnership page (as California's SoS does)

First off, David Parks wasn't joking when he said that this is NOT marriage. While SB 283 provides for domestic partnerships (DPs) that are supposed to treat "domestic partnered" couples just like married spouses, let's remember that this theory doesn't always work out in practice. So while we celebrate the first major advance in civil rights in Nevada in decades, let's keep working toward the final goal of true civil marriage equality.

Probably the most significant reminder of the challenges LGBT families face in this state is the section of SB 283 considering workplace health care benefits. Simply put, employers are NOT required under Nevada law to provide health care benefits to domestic partners of employees as they do to other employees' married spouses. Fortunately it is at least optional, so you'll continue to receive DP benefits at work if your employer already provides them. And if your employer doesn't yet provide DP benefits, you can still try to convince them to do so. Just don't expect the State of Nevada to make them do so... At least until we can improve the DP law.

Nonetheless, SB 283 will change Nevada law for the better for our families. One major example of this will be in family law. Specifically, child custody laws will be improved to make it easier for gay & lesbian couples looking to have children to do so. And considering the current headaches LGBT families with children have, this is quite a welcome development.

And in many other matters, our families will receive more legal protections. Hospital visitation (should the partner become ill) will be easier. Community property laws will apply to domestic partners. State tax benefits currently afforded to married spouses will also be extended to domestic partners.

But again, we must stress that DPs under SB 283 are not marriage and will not be treated by the federal government as such. Even if you and your partner file for a DP this fall, you will still not be able to file a joint federal tax return. You won't be able to receive any spousal benefits from the military or the VA. You won't be able to sponsor your partner for US citizenship or permanent residency if he/she is a foreign national. Unfortunately, DOMA still applies here as it does across the nation. This is why it's crucial that not only Nevada law change to give our families full equality, but that federal law change as well.

I hope this helps answer some of the questions you may have about SB 283 and its imminent implementation. I'll keep the Stonewall site updated with any new information from the Secretary of State, as well as new legal opinions on what will and will not be covered by SB 283.

Washington: It Ain't Over 'Til the Fat Cat Plays Piano... Oh Wait, She IS!

Hehe, it's over! ;-)



And remember: Don't be tardy for the party!





No really, it's over. Stick a fork in it. The good guys won. Hooray for Washington!

Washington: It's Crunch Time to Protect Domestic Partnerships!

Remember that other election happening next Tuesday? You know, the one in Washington? The one where domestic partnerships are up for a popular vote?

Yes, you heard me right. Domestic partnerships are now at risk in Washington. There's only one week left until Election Day, and the time is now to get working to protect Washington's LGBT families!





These are some of the ads now on the air in Washington thanks to our support. And fortunately, they're up just at the right time. The KING 5 poll shows Referendum 71 narrowly ahead 50-43, even though the University of Washington poll shows a stronger 56-39 lead for Approve 71. And even if the actual numbers are more like UW's, we can't just rest on those laurels in an unpredictable low turnout election. And especially if the numbers are more like KING's, then this may be a close election where every vote counts!

Think about it. For many thousands of senior couples and LGBT families, their basic rights and responsibilities are on the line. Their lives will be made far more difficult if R-71 is rejected and domestic partner rights are stripped away. All families deserve equal protection under the law, and Washington families will get something closer to equal protection if R-71 is approved.

Don't these families deserve protection?



Obviously, the anti-equality forces don't. Focus on the Family and NOM are now dumping money into Washington to deceive voters into rejecting R-71. They whine and scream over all of the usual objections to marriage equality... But in this case, it isn't even marriage equality!

Sound familiar? It should! Here in Nevada, our very own "Luv Guv" Gibbons used these same tired and blatantly false "arguments" to try to block final passage of SB 283, Nevada's domestic partnership law. Fortunately he didn't succeed this year, but perpetual homophobe campaigner Richard Ziser is already planning to try again next year. Believe me, what happens in Washington this year will have a profound impact on what happens in Nevada next year and in other states considering similar DP/civil union legislation.

This is why I must ask you one more time to remember all the families in Washington at risk. Please donate what you can to approve R-71 and/or volunteer to call for equality. Our action will really make the difference.

These are the last days for Washingtonians to mail in their ballots. Again, turnout will be critical in determining the fate of domestic partnerships. Let's get R-71 approved in Washington so that families there are protected and all of us in Nevada and elsewhere need not worry about any more radical religious right attacks on our families.

H8 and CaliforniWashingMaine

It's happening...



All over again!



This pack of lies has now made its way from Massachusetts to California to Maine. Again, it's the same ol' friggin' story. And just like California, the religious right is heavily invested in stripping many thousands of Maine families of their fundamental civil rights.



Real families will be hurt if Question 1 passes in Maine...





Just like real families in California are now suffering because of Prop H8.







Fortunately, groups like Courage Campaign and the Restore Equality 2010 are working to undo the damage of H8 in California. But in the mean time, we can't let the same mistake be made again. That's why it's critical that we do whatever we can to ensure that Maine LGBT families don't suffer the same painful loss that California's families had to endure. Please give whatever you can to No on 1 so they can fight the lies.

And by the way, don't believe the radical right when they say they're only concerned about "traditional marriage". The State of Washington is not even voting on marriage this November, but they are already using many of the same ugly attacks tossed out in Maine and California to strip Washington families of domestic partner rights. Yes, you heard me right, comprehensive domestic partnerships in Washington state are under attack!

Just today, a new poll on Referendum 71 (R-71) has been released by the Approve 71 campaign. While R-71 is ahead 51-44, it's a small margin that leaves no room for error or complacency. If R-71 is rejected, then many thousands of Washington families will lose even the most basic legal protections that even California and Nevada now have with comprehensive domestic partnerships.



Now let me say this again. R-71 is not even about marriage equality, yet the radical right is out to strip many thousands of Washington families of even the most basic civil rights and legal protections. This should be a wake-up call to all of us love warriors for equality that the forces of bigotry won't be satisfied until we're all locked away in the closet again.

This is why it's critical that we get involved!



2009 is an off-year election. Most people typically don't vote in these special election. That's why we progressives must work extra hard to turn out enough votes to defeat Question 1 in Maine and approve R-71 in Washington. Failure to do so could very well set back further pro-equality legislation on the federal level. Failure to do so could very well hurt the California campaign for marriage equality in 2010. Failure to do so could jeopardize even our domestic partnerships in Nevada.

Believe me, our opponents won't give up easily. Even if you think you don't care about Washington and Maine, reconsider. Remember the pain we all felt when Prop H8 passed in California. Imagine feeling it all over again... And then do something to stop this from happening all over again! Please do whatever you can to help defeat Question 1 in Maine and/or approve R-71 in Washington. Let's defeat the same radical right forces behind Prop H8 once and for all so we can move forward in fighting for full equality.

APPROVE R-71: Washington DP Rights Are at Stake

We have some late breaking bad news to report. Up in Washington state, it looks like Referendum-71 will likely qualify for the ballot. This means that the anti-family homophobes will probably force a vote this November on the recently passed bill to expand domestic partner (DP) rights for LGBT families.

Here's a quick crash course on what R-71 is all about:

The Domestic Partnership Law (SB 5688) was passed by the Legislature in 2009 to ensure that all Washington families are treated the same, with the same protections, the same rights and the same obligations as their neighbors. Under this law, registered domestic partners (same-sex couples and opposite-sex couples where at least one partner is over age 62), and married couples, are treated equally under state law throughout Washington.

Key rights and obligations in the law include:

Death benefits for the partners of police and firefighters killed in the line of duty.
Pension benefits for the partners of teachers and other public employees.
Victims' rights, including the right to receive notifications and benefits allowances.
The right to use sick leave to care for a seriously ill partner.
The right to workers' compensation benefits if a partner is killed in the course of employment.
The right to receive unemployment benefits if an employee must leave a job to care for a seriously ill partner.
The right to adopt a partner's child without paying for a home study.
The areas covered by the law include labor and employment law; pensions, survivor and other public employee benefits; family law; insurance rights; higher education; banks, financial institutions and loan agencies; creditors' rights and business licenses.

Opponents of the domestic partnership law are seeking to repeal it. Referendum 71 would ask voters whether the law should be approved or rejected. A vote to "APPROVE" keeps the law so that all families will have these protections in all parts of the state.

Again, please remind your friends and family in Washington that they need to vote "APPROVE" on Referendum 71 in order to protect LGBT families' DPs. And if you'd like to help Washington Families Standing Together, the grassroots campaign working to get R-71 approved and protect LGBT civil rights, please click here.

Remember that we only have two months until Election Day, so time is of the essence. Please do what you can to ensure R-71 is approved!

Don't Forget Washington & Maine!

Fortunately for us Nevadans SB 283 will be implemented on October 1, and domestic partnerships will be up and running then. Unfortunately for Washington (state) and Maine, that's not the case. In Maine, signatures have been submitted for a ballot initiative to overturn the state's new marriage equality law. Signatures have also been submitted and are in the process of being validated in Washington for a referendum on the domestic partnership expansion bill.

So what does this mean? If the respective counts in each state show a failure to collect enough signatures, there will be no special election and the residents of Maine and/or Washington will get better legal protections and relationship recognition this year. But if either or both qualifies, then we must prepare to stand alongside our brothers and sisters this fall so we can help them avoid the pain and suffering that has crippled California since Prop H8 passed. And not only can we turn the tide nationally in successfully defending LGBT civil rights at the ballot box, but we can also set some good precedents that may scare away the radical right should they reconsider a campaign to undo SB 283 here in Nevada.

So if you have friends & family in Seattle or Spokane or anywhere else in Washington, please remind them to approve Referendum 71 (should it make the November 2009 ballot) to implement the domestic partnership expansion. And if you have friends & family in Portland or Bangor or anywhere else in Maine, please remind them to vote NO on 1 (should it make the November 2009 ballot) to support the freedom to marry.