Showing posts with label Nevada Domestic Partnerships. Show all posts
Showing posts with label Nevada Domestic Partnerships. Show all posts
Wednesday, June 16, 2010
Prop H8: Another California Story (That May Affect Nevada)
These past few weeks and months, there's been so much happening in Nevada that it was sometimes quite difficult for me to turn my eyes elsewhere to see what's happening "in the outside world". But now that I'm actually here in California this month, I figured now would be a good chance to discuss the wrap-up of the Prop H8 federal trial... Especially with closing arguments today.
Courage Campaign, Progress Now Nevada's sister organization in California, has been covering the Prop H8 trial like crazy. The above video is a "retold scene" directly from the trial transcript.
So why am I talking about California (again) today? Well, this doesn't just affect marriage equality in California. This will have an impact on LGBTQ equality throughout the nation. The verdict, along with the subsequent appellate court rulings, will set a precedent for federal challenges on other marriage bans, including Question 2 here in Nevada.
Think about it. If the courts uphold Prop H8 and consider discrimination "constitutional", we probably won't see any challenge of Question 2 any time soon. However if the courts decide to overturn Prop H8, even if it's a narrowly tailored ruling stating that the Yes on H8 campaign's target of LGBTQ families was unconstitutional, this opens the door for us to make a move on Question 2. And especially if Judge Walker issues a broad ruling specifically declaring the entire concept of banning marriage equality unconstitutional, then Question 2 also is immediately struck down along with all the other state marriage bans.
So why does all this marriage talk really matter? As I explained last year, domestic partnership (DP) is needed progress but it's still not marriage. There are still many state and federal benefits and responsibilities given to married couples but denied to registered domestic partners. DPs were needed to provide some type of legal recognition and equal treatment under the law, but they are not full equality and we shouldn't ultimately settle for less than full equality.
So this is why I'm keeping an eye on Prop H8. Hopefully, we'll eventually see justice come from the courts. And regardless of what happens in the courts for the next few months, we need to keep organizing and keep winning hearts and minds until we build majority support for full state and federal equality.
Monday, December 28, 2009
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.
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.
Wednesday, November 4, 2009
Victory in Washington (So Far) & Hope for Nevada
Well, at least not all the news from last night was bad. Washington looks to be expanding domestic partner rights. If this holds up (and so far the returns and the locations of the remaining uncounted ballots are pointing this way), Washington will be the very first state to approve of relationship recognition rights by popular vote.
So far, so good. Washington is on the right path... And here's why it's so important and why we should care about it.
First, the opposition made this about "gay marriage" even though people were actually voting on DPs. They called themselves "Protect Marriage Washington" and warned about how approving R-71 would "put Washington on the path to let teh gayz merry!" Ironically, this proxy war over marriage equality will encourage pro-equality activists to one day go for full civil marriage equality in Washington.
Secondly if the anti-equality forces couldn't muster an off-year election in Washington, what makes them think they can pull a win in Nevada next year with Harry Reid, Rory Reid, and a number of other high-profile races on the ballot? Nevada Democrats have now proven to have a superior turn-out machine than the Republicans, so I doubt voters in a regular general election will be in the appetite to hate on LGBT families just for the sake of hating on them.
And finally, this is truly historic. Again, R-71 in Washington is the first time EVER that voters in any state approved legal relationship recognition. And again, if they can't win in an off-year election like this it gives me hope that 2010 and 2012 won't be so scary for us after all.
And really, I need hope now. The Maine results still scare me. I guess they were just too religious right there... And Obama (again) was hurting us there. Whatever went wrong, hopefully one day it will be made right in Maine.
But at least today, Washington is making baby steps toward equality... And we can breathe a little more easily about Nevada coming along as well.
In Washington Gov. Chris Gregoire signed a bill in May granting same sex domestic partners all the rights of married couples. That same month conservative interests announced they would attempt to overturn the new law and enough signatures were collected enough to place R-71 on the November ballot.
Gay rights supporters were not ready to declare victory Tuesday night.
"We are hopeful, but we are not stupid. We know better than to think we've got this in the can," said said Jody Lane of the National Gay and Lesbian Task Force. "They may be recounting 'til January, for God's sake."
Before the first batch of results came in at 8:15 p.m., supporters laughed as a clip of Stephen Colbert jokingly endorsing Washington's domestic partnership law played on a projector at the Pravda Studios party.
With a bigger crowd by 9:05 p.m., they were still having fun -- but no one was celebrating. "We are really very guardedly optimistic, remembering that a very very large percentage of King County ballots have not been counted," campaign manager Josh Friedes told the crowd.
So far, so good. Washington is on the right path... And here's why it's so important and why we should care about it.
First, the opposition made this about "gay marriage" even though people were actually voting on DPs. They called themselves "Protect Marriage Washington" and warned about how approving R-71 would "put Washington on the path to let teh gayz merry!" Ironically, this proxy war over marriage equality will encourage pro-equality activists to one day go for full civil marriage equality in Washington.
Secondly if the anti-equality forces couldn't muster an off-year election in Washington, what makes them think they can pull a win in Nevada next year with Harry Reid, Rory Reid, and a number of other high-profile races on the ballot? Nevada Democrats have now proven to have a superior turn-out machine than the Republicans, so I doubt voters in a regular general election will be in the appetite to hate on LGBT families just for the sake of hating on them.
And finally, this is truly historic. Again, R-71 in Washington is the first time EVER that voters in any state approved legal relationship recognition. And again, if they can't win in an off-year election like this it gives me hope that 2010 and 2012 won't be so scary for us after all.
And really, I need hope now. The Maine results still scare me. I guess they were just too religious right there... And Obama (again) was hurting us there. Whatever went wrong, hopefully one day it will be made right in Maine.
But at least today, Washington is making baby steps toward equality... And we can breathe a little more easily about Nevada coming along as well.
Wednesday, October 28, 2009
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.
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.
Tuesday, October 27, 2009
Maine (& Nevada): Why Marriage Matters
OK, so the Yes on H8/Yes on 1 anti-equality forces are now saying they "don't oppose civil rights". Uh-huh. So they just want "equality by another name"?
Not really. After all, why did these same religious right forces fight SB 283 here in Nevada that isn't even marriage?
And by the way, Maine Domestic Partnerships are not even comprehensive like ours in Nevada. They're very limited to only a few medical decisions and property rights. Is this type of third-class (since it isn't even second-class) citizenship what Yes on 1 calls "equality"?
OK, so let's assume some of these Yes on 1 folks are serious about "changing" Maine's domestic partnership law to look more like Nevada's. I did my homework on SB 283, the domestic partner law that's now being practiced here in The Silver State. I did my homework and I know what's in the bill and what isn't. Let me give you the gist of SB 283.
When it comes to federal law, marriage is marriage is marriage. And even if DOMA is repealed soon and same-sex marriages will be recognized by the federal government, comprehensive DPs and civil unions will still not be recognized by the feds and treated as "marriages". So all of us in Nevada will still be left in the cold and so will Mainers if Question 1 passes.
And even worse, comprehensive DPs and civil unions are not even treated equally when it comes to state law. That was the experience in Vermont until marriage equality was legalized there. That's what New Jersey is dealing with in regards to their civil unions. That's what California, Oregon, and Nevada are now facing with DPs. No matter how well intentioned the "separate but equal laws" are, separate is simply never equal.
Marriage equality is important because it gives LGBT families the same equal rights and responsibilities under the law as straight families. And even more so, civil marriage equality gives our families the same respect and dignity they deserve.
And again, I doubt the anti-equality folks will even allow DPs. After all, Richard Ziser is attacking us here in Nevada once again. DPs are under attack in Washington state this year. This is just another excuse for the anti-equality religious right to make LGBT families in Maine and elsewhere suffer. Don't believe them.
Not really. After all, why did these same religious right forces fight SB 283 here in Nevada that isn't even marriage?
And by the way, Maine Domestic Partnerships are not even comprehensive like ours in Nevada. They're very limited to only a few medical decisions and property rights. Is this type of third-class (since it isn't even second-class) citizenship what Yes on 1 calls "equality"?
OK, so let's assume some of these Yes on 1 folks are serious about "changing" Maine's domestic partnership law to look more like Nevada's. I did my homework on SB 283, the domestic partner law that's now being practiced here in The Silver State. I did my homework and I know what's in the bill and what isn't. Let me give you the gist of SB 283.
[State Senator and SB 283 author] 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. [...]
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.
When it comes to federal law, marriage is marriage is marriage. And even if DOMA is repealed soon and same-sex marriages will be recognized by the federal government, comprehensive DPs and civil unions will still not be recognized by the feds and treated as "marriages". So all of us in Nevada will still be left in the cold and so will Mainers if Question 1 passes.
And even worse, comprehensive DPs and civil unions are not even treated equally when it comes to state law. That was the experience in Vermont until marriage equality was legalized there. That's what New Jersey is dealing with in regards to their civil unions. That's what California, Oregon, and Nevada are now facing with DPs. No matter how well intentioned the "separate but equal laws" are, separate is simply never equal.
Marriage equality is important because it gives LGBT families the same equal rights and responsibilities under the law as straight families. And even more so, civil marriage equality gives our families the same respect and dignity they deserve.
And again, I doubt the anti-equality folks will even allow DPs. After all, Richard Ziser is attacking us here in Nevada once again. DPs are under attack in Washington state this year. This is just another excuse for the anti-equality religious right to make LGBT families in Maine and elsewhere suffer. Don't believe them.
Wednesday, October 7, 2009
R-71 This Year... And SB 283 Next Year?
Remember when I warned you last week that serial anti-equality campaigner Richard Ziser is threatening Nevada LGBT families again, this time considering a ballot initiative to strip away our hard fought domestic partner rights won with SB 283? Well, the threat is real. We now know.
However, there's a way we can stop it before it really starts. We can help our friends and family in Washington state Approve Referendum 71 so that we send a message to the forces of bigotry out West that we won't allow any more of their H8!
Equal Rights Washington recently released this video explaining the importance of domestic partnerships.
A similar video can easily be made here in Nevada regarding our families and the unnecessary burdens they've had to carry until just last week. Yes, yes, I already know that they're not marriage and that we still have work to do to win full equality for our families and our community. But that's just it... We need to move FORWARD, NOT BACKWARD!
Just like us in Nevada, LGBT families in Washington also won comprehensive domestic partnerships this year. They were also supposed to start seeing all the new rights and responsibilities in place this fall, just like Nevada. However, R-71 qualified for the ballot and LGBT families there are now under attack.
This is why we need to help R-71 win approval. If "liberal Washington" voters reject domestic partnerships, think of how this would embolden Richard Ziser and his bigoted allies in starting yet another campaign to strip many thousands of Nevada families of their fundamental civil rights. Think of how it would pose a challenge to repeal the Prop H8 marriage ban in California next year. Think of how it would threaten the limited domestic partner benefits just passed in Colorado this year. Think of how it could hurt efforts to expand legal protections for LGBT families in Arizona and New Mexico.
Make no doubt about it. What happens in Washington will very much happen throughout The West. That's why we need to ensure that R-71 is approved!
If R-71 is approved, Washington LGBT families and seniors will finally have the legal protections they deserve. And Nevada LGBT families and unmarried couples need not worry about losing theirs. And California equality activists can get back to repealing Prop H8. And we can see more progress happen in more Western states.
Aren't you sick and tired of losing these elections and seeing our community constantly being bloodied up and kicked to the ground? I am, and I don't want this to ever happen again! I lived through Prop H8 in California last year, so I'd rather not see a repeat of that pain and suffering for my friends and family here in Nevada. We need to move the ball forward on LGBT equality in The West, so let's start doing that by stopping the radical right in Washington!
Sure, the opposition's ads are lame. However, we can't underestimate their power. This is an off-year election, so they're counting on this and a horrfyingly radical right anti-environment, anti-education, anti-social safety net initiative to turn out the homophobic teabagger base. We can't afford to sit idly by and do nothing. No, we need to make sure progressive voters turn out to Approve R-71!
Again, think of the families in Las Vegas, Reno, Elko, Pahrump, and all throughout Nevada who now depend on SB 283 for basic legal protection. Let's not put them in danger. Approve 71 in Washington now to stop any more attacks in The West.
However, there's a way we can stop it before it really starts. We can help our friends and family in Washington state Approve Referendum 71 so that we send a message to the forces of bigotry out West that we won't allow any more of their H8!
Equal Rights Washington recently released this video explaining the importance of domestic partnerships.
A similar video can easily be made here in Nevada regarding our families and the unnecessary burdens they've had to carry until just last week. Yes, yes, I already know that they're not marriage and that we still have work to do to win full equality for our families and our community. But that's just it... We need to move FORWARD, NOT BACKWARD!
Just like us in Nevada, LGBT families in Washington also won comprehensive domestic partnerships this year. They were also supposed to start seeing all the new rights and responsibilities in place this fall, just like Nevada. However, R-71 qualified for the ballot and LGBT families there are now under attack.
This is why we need to help R-71 win approval. If "liberal Washington" voters reject domestic partnerships, think of how this would embolden Richard Ziser and his bigoted allies in starting yet another campaign to strip many thousands of Nevada families of their fundamental civil rights. Think of how it would pose a challenge to repeal the Prop H8 marriage ban in California next year. Think of how it would threaten the limited domestic partner benefits just passed in Colorado this year. Think of how it could hurt efforts to expand legal protections for LGBT families in Arizona and New Mexico.
Make no doubt about it. What happens in Washington will very much happen throughout The West. That's why we need to ensure that R-71 is approved!
If R-71 is approved, Washington LGBT families and seniors will finally have the legal protections they deserve. And Nevada LGBT families and unmarried couples need not worry about losing theirs. And California equality activists can get back to repealing Prop H8. And we can see more progress happen in more Western states.
Aren't you sick and tired of losing these elections and seeing our community constantly being bloodied up and kicked to the ground? I am, and I don't want this to ever happen again! I lived through Prop H8 in California last year, so I'd rather not see a repeat of that pain and suffering for my friends and family here in Nevada. We need to move the ball forward on LGBT equality in The West, so let's start doing that by stopping the radical right in Washington!
Sure, the opposition's ads are lame. However, we can't underestimate their power. This is an off-year election, so they're counting on this and a horrfyingly radical right anti-environment, anti-education, anti-social safety net initiative to turn out the homophobic teabagger base. We can't afford to sit idly by and do nothing. No, we need to make sure progressive voters turn out to Approve R-71!
Again, think of the families in Las Vegas, Reno, Elko, Pahrump, and all throughout Nevada who now depend on SB 283 for basic legal protection. Let's not put them in danger. Approve 71 in Washington now to stop any more attacks in The West.
Thursday, October 1, 2009
SB 283: Richard Ziser Rears His Ugly, Bigoted Head... AGAIN!
Buried in today's R-J story of SB 283 becoming law today is Richard Ziser whining, moaning, screaming, and complaining that LGBT families are given ANY legal protection in this state.
Ridiculous. Today should be a day of celebration in our community, but hateful people like Ziser always try to poop on our parade by threatening to roll back even the slightest of achievements for our community.
Give me a f*cking break! If Ziser really wants a rematch, I'm sure we're ready to beat him this time. In fact, I know we will.
It's just sad that just as LGBT families in Nevada start to receive something close to equal treatment under the law, the homophobic anti-equality extremists are always out to get us. Well, they won't succeed this time!
Richard Ziser, who led the drive in Nevada to define marriage in the state constitution as being between a man and a woman, said no decision has been made by his Coalition for Protection of Marriage organization to challenge the domestic partnership law.
Lawyers told him it would be easier to overturn the law through a public referendum rather by going to court. But public referendums require petition gathering, which is very costly, Ziser added.
Tod Story, a board member of the Gay and Lesbian Community Center in Las Vegas, said passage of the domestic partnership law shows Nevada remains a "live and let live state."
He and his longtime partner will receive their domestic partnership certificate today.
"What same sex couples are trying to accomplish is equal rights," Story said. "We want to have the opportunity to have our relationships recognized by law and to be treated equally."
Ridiculous. Today should be a day of celebration in our community, but hateful people like Ziser always try to poop on our parade by threatening to roll back even the slightest of achievements for our community.
Give me a f*cking break! If Ziser really wants a rematch, I'm sure we're ready to beat him this time. In fact, I know we will.
It's just sad that just as LGBT families in Nevada start to receive something close to equal treatment under the law, the homophobic anti-equality extremists are always out to get us. Well, they won't succeed this time!
SB 283: Today's The Day
History and Herstory are being made today in Nevada. Finally, FINALLY, LGBT families won't be at so much of a disadvantage any longer. The state moves just a little closer toward full equality.
And fortunately, The Sun has also uploaded a video of the Banegas-Dearborn family and their thoughts on SB 283 becoming law.
I must admit that their story from "Equality Days" really put a smile on my face.
Maybe if even such conservative Republicans as Goedhart can ultimately do the right thing, maybe there's continued hope for us. Hopefully as the "weddings" start today, we'll see positive coverage of families living their dreams and not so much media hype of "freak shows".
And hopefully today is just the start of real progress for our LGBT community in Nevada as our families finally start to get some of the respect they deserve.
They’ve been together for more than nine years. Most of their time revolves around the kids: dropping off, picking up, going to games and recitals, meeting with teachers, reminding about chores and nursing colds. In the evenings, their family has dinner together and yet they still find time for just the two of them, to laugh and tease and flirt and say, “I love you.”
And today, Carline Banegas and Jodie Dearborn will be one of nearly 700 couples receiving Nevada’s first domestic partnership certificates.
In the eyes of the law, their family will be almost normal.
And fortunately, The Sun has also uploaded a video of the Banegas-Dearborn family and their thoughts on SB 283 becoming law.
I must admit that their story from "Equality Days" really put a smile on my face.
Last spring Nevada’s Legislature debated a bill introduced by state Sen. David Parks, D-Las Vegas. It wouldn’t overturn Nevada’s ban and make us one of the four states with same-sex marriage. It wouldn’t provide federal recognition for same-sex couples. But it would make Nevada the 10th state with either domestic partnerships or civil unions. It would be a legal piece of paper for couples to show doctors and bosses.
Carline and Jodie consider themselves active in the gay community, but they don’t think of themselves as activists. As Carline says, “I’m a lesbian but that’s not the only hat I wear. I’m a mom, I’m active at my kids’ school.”
They also were among the couples who traveled to Carson City in April to lobby legislators to pass the bill.
With some apprehension, they knocked on a lot of doors. Carline went into the office of Ed Goedhart, a staunch anti-tax Republican assemblyman from Amargosa. He was wearing a cowboy hat.
Carline remembers, “I went in there with my attitude, like, ‘We’ve been together almost 10 years and I’m no different than you are.’ And he’s like, ‘I know, you’re right.’
“He totally made me feel like a fool.”
A month later, after Gov. Jim Gibbons vetoed domestic partnerships, Goedhart was the only Republican in the Assembly who voted to override the veto. His was the decisive 28th vote, providing a needed two-thirds majority in the lower chamber.
Maybe if even such conservative Republicans as Goedhart can ultimately do the right thing, maybe there's continued hope for us. Hopefully as the "weddings" start today, we'll see positive coverage of families living their dreams and not so much media hype of "freak shows".
And hopefully today is just the start of real progress for our LGBT community in Nevada as our families finally start to get some of the respect they deserve.
Thursday, September 24, 2009
One Week Away from Progress
Today's the deadline. When today ends, pre-registration ends. And from there, it's the final week until SB 283 becomes law.
Nevada is moving forward, and here's what to expect in only one week.
A while back, I wrote about what the new domestic partner law means for LGBT families (and unmarried straight couples) in Nevada. And yes, there are plenty of positive changes on the way. Adoption will be made easier. Family medical decisions will be made easier. State tax benefits and community property laws will now apply to domestic partners.
Simply put, our lives and our legal paperwork will be made much easier thanks to the new domestic partnership law. So why am I not totally jubilant about this? I actually am happy to see progress, but I know this still isn't full equality.
For one, there's only an "opt-in" policy for employers to provide health insurance benefits to domestic partners. They're allowed, but not required. So while those fortunate enough to work for private companies like Wells Fargo or government agencies like the City of Las Vegas that already provide benefits need not worry, for everyone else there's no guarantee that their employer will start providing benefits when SB 283 officially becomes law.
And of course, we have the feds and DOMA to deal with. Of course, the good news on the horizon is that the Respect for Marriage Act has been introduced in the House. However Rep. Jerry Nadler (D-NY), who coauthored the bill, has said that his bill does not address civil unions and domestic partnerships. So even if Nadler and friends are successful in repealing DOMA, Nevada's Domestic Partnerships still won't be eligible for any federal marriage benefits.
So what do we do? For now, we celebrate our progress. We make sure our allies are reelected next year so we can expand on this progress.
And in the mean time, we can also help the Approve R-71 campaign in Washington. Our neighbors way up to the north instituted similar comprehensive domestic partnerships, but they're now under attack from the radical right. The poll numbers for likely voters are close, so we need to help our friends up north turn out as many progressive allies as possible next month (when early voting starts) to preserve the domestic partnership law.
Hopefully one day in our lifetime, we'll see full civil marriage equality in Nevada and nationwide. We need to keep fighting for full equality on all levels for everyone in our community. But in the mean time, we can celebrate our progress so far and keep a watchful eye to make sure the far right doesn't set us backward as we keep making progress.
Nevada is moving forward, and here's what to expect in only one week.
A while back, I wrote about what the new domestic partner law means for LGBT families (and unmarried straight couples) in Nevada. And yes, there are plenty of positive changes on the way. Adoption will be made easier. Family medical decisions will be made easier. State tax benefits and community property laws will now apply to domestic partners.
Simply put, our lives and our legal paperwork will be made much easier thanks to the new domestic partnership law. So why am I not totally jubilant about this? I actually am happy to see progress, but I know this still isn't full equality.
For one, there's only an "opt-in" policy for employers to provide health insurance benefits to domestic partners. They're allowed, but not required. So while those fortunate enough to work for private companies like Wells Fargo or government agencies like the City of Las Vegas that already provide benefits need not worry, for everyone else there's no guarantee that their employer will start providing benefits when SB 283 officially becomes law.
And of course, we have the feds and DOMA to deal with. Of course, the good news on the horizon is that the Respect for Marriage Act has been introduced in the House. However Rep. Jerry Nadler (D-NY), who coauthored the bill, has said that his bill does not address civil unions and domestic partnerships. So even if Nadler and friends are successful in repealing DOMA, Nevada's Domestic Partnerships still won't be eligible for any federal marriage benefits.
So what do we do? For now, we celebrate our progress. We make sure our allies are reelected next year so we can expand on this progress.
And in the mean time, we can also help the Approve R-71 campaign in Washington. Our neighbors way up to the north instituted similar comprehensive domestic partnerships, but they're now under attack from the radical right. The poll numbers for likely voters are close, so we need to help our friends up north turn out as many progressive allies as possible next month (when early voting starts) to preserve the domestic partnership law.
Hopefully one day in our lifetime, we'll see full civil marriage equality in Nevada and nationwide. We need to keep fighting for full equality on all levels for everyone in our community. But in the mean time, we can celebrate our progress so far and keep a watchful eye to make sure the far right doesn't set us backward as we keep making progress.
Tuesday, September 15, 2009
SB 283: SoS Ross Miller in Town to Explain New DP Law
[Nevada Secretary of State Ross] Miller is allowing couples to pre-file until Sept. 24 so they can receive their certificates on Oct. 1. Miller said his office has received about 350 filings.
“We’re already past Wisconsin, and we’re expecting a very high volume of filings in the first week,” Miller said. “To accommodate the high volume, we wanted to allow for a month of pre-filing so we would be able to process those registration forms.”
So far, it's continued good news on the SB 283 front. Miller was here in Vegas last night for The Center's forum on domestic partnerships (DPs). Notary publics were on hand to notarize DP registration forms. And fortunately, a number of remaining questions on DPs were answered by Miller, State Senator David Parks (D-Las Vegas) (who authored SB 283), and a large cast of lawyers specializing in family law.
Many couples were concerned about past debts affecting their current partners. Kunin explained that a person’s past debt is separate until the partnership is registered with the state.
“From the date of partnership backwards, it’s separate,” [attorney Ishi] Kunin said. “From the date of partnership forward, it’s community or joint.”
Other topics of interest included adoption, prenuptial agreements and medical benefits. The new bill doesn’t mandate that employers give health insurance to an employee’s partner, although some companies have said they’re willing to recognize an employee’s domestic partnership.
In case you still have questions about SB 283, take a look at what I uncovered some weeks ago. And if you need some real legal advice, contact one of these law firms for help.
And btw, speaking of The Center, today is National Center Awareness Day. And considering what The Center has done to make sure SB 283 became law, as well as what they're doing now in holding these town halls to help our community understand how SB 283 helps us, we should tip our hats and thank them for the great work they're doing.
Monday, August 24, 2009
78 Couples Pre-file for Nevada Domestic Partnerships
(Also at Stonewall)
Good news on the SB 283 front today!
Thank goodness for Ross Miller! At least we have some good people in state government who know how to make it work.
Good news on the SB 283 front today!
On the first day of pre-filing, 78 same-sex or heterosexual couples registered as domestic partners with the secretary of state’s office.
The law doesn’t become effective until Oct. 1 but Secretary of State Ross Miller opened the filing early.
Pam duPre, communications officer for Miller, said two couples were at the Las Vegas office at 8 a.m. to register. Earlier in the afternoon before numbers were final, 66 couples had signed up in Las Vegas and six had registered in Carson City, she said.
Names of the couples will not be released until the law goes into effect, she said.
The 2009 Legislature approved the law over the veto of Gov. Jim Gibbons. It extends rights similar to those held by married couples, including community property and debt and the right to seek financial support after a breakup.
A couple pays $50 to register.
Thank goodness for Ross Miller! At least we have some good people in state government who know how to make it work.
Wednesday, August 19, 2009
SB 283: SoS Office Now Accepting DP Pre-Registration!
(Also at the Stonewall site)
Today we have good news on the SB 283 front. Secretary of State Ross Miller has finally put up a domestic partnership (DP) clearinghouse page on his web site! And better yet, forms are now available and pre-registration begins next Monday, August 24.
Of course, this now puts Nevada on the map as the very first Mountain West state to offer DPs and the only Mountain West state so far to offer comprehensive DPs with broad marriage-like protections, rights, and responsibilities. As we talked about before, this is not marriage and we still have work to do to win full civil marriage rights in order for LGBT families to have full and equal protection under the law. Still, this is at least a major step forward for Nevada.
Another step forward is the sane tone of today's R-J story on the new SB 283 developments... I wish I could say the same of many of the commenters there. ;-)
Today we have good news on the SB 283 front. Secretary of State Ross Miller has finally put up a domestic partnership (DP) clearinghouse page on his web site! And better yet, forms are now available and pre-registration begins next Monday, August 24.
Of course, this now puts Nevada on the map as the very first Mountain West state to offer DPs and the only Mountain West state so far to offer comprehensive DPs with broad marriage-like protections, rights, and responsibilities. As we talked about before, this is not marriage and we still have work to do to win full civil marriage rights in order for LGBT families to have full and equal protection under the law. Still, this is at least a major step forward for Nevada.
Another step forward is the sane tone of today's R-J story on the new SB 283 developments... I wish I could say the same of many of the commenters there. ;-)
Tuesday, August 11, 2009
More on SB 283: What We Have & What We're Still Being Denied
(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.
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.
Wednesday, August 5, 2009
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.
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.
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