same-sex marriage has been legally recognized in the Nevada US state since October 9, 2014, when a federal district court judge issued an order against Nevada's enforcement of his ban on same-sex marriage, acting on the orders of the Ninth Circuit Court of Appeals. A three-judge panel unanimously from the Ninth Circuit had decided two days earlier that the state ban on same-sex marriage was unconstitutional. The same-sex marriage was previously banned by the amendments to the Nevada Constitution adopted in 2002.
Nevada has recognized same-sex unions since October 1, 2009, through a domestic partnership, after the State legislature enacted a law that ruled out Governor Jim Gibbons's verdict. The state maintains a domestic partnership registry that allows same-sex couples to enjoy the same rights as married couples. This allows couples of the opposite sex to forge domestic partnerships as well.
Video Same-sex marriage in Nevada
History
Constitutional amendments
Nevada voters approve Question 2, an amendment to the Nevada Constitution which prohibits same-sex marriage, by 69.6% in 2000 and 67.1% in 2002.
In 2013, a year before the Ninth Circuit Court of Appeals attacked the Nevada ban on same-sex marriages (see below), the state legislature began work on legislation to lift constitutional restrictions and replace in place the gender-neutral definition of marriage. The Senate approved the law on April 22 with a 12-9 vote. and the Assembly passed a resolution on May 23 with a 27-14 vote. It will require approval by the Legislature 2015 and by voters in the 2016 election will take effect. However, since the Republicans took Legislative control after the 2014 election, no second vote was held.
On February 1, 2017, after the Democratic Party took over the Legislature after the 2016 election, the same bill was introduced, to bring the Constitution in line with the fact that same sex marriage is legal. If approved in 2017 and 2019, it will be placed at the 2020 vote to be approved by voters. The resolution passed the Assembly on March 9, 2017, in a 27-14 vote and passed the Senate on 1 May 2017, in a 19-2 vote. The Senate changed it to include religious exceptions. The bill returned to the Assembly for approval of the Senate amendment, which the Assembly did on May 2, 2017.
Legal charges
On April 10, 2012, Lambda Legal filed a lawsuit in US District Court for the District of Nevada. In the case of Sevcik v. Sandoval , he argues that "There is nothing legitimate... there is an interest to exclude same-sex couples from historic and highly regarded marriage institutions, especially where countries have provided lesbians and gay men access almost all rights and substantive husband-wife responsibilities through a registered domestic partnership. "This case raises the same protection claim but does not assert the fundamental right to marry.
On November 29, 2012, Judge Robert C. Jones decided against the plaintiff, saying that "the maintenance of a traditional civil marriage institution as between a man and a woman is a legitimate state interest". The decision was submitted to the Ninth Circuit Court of Appeals.
In February 2014, the state lifted Nevada's brief ban on same-sex marriage. Governor Brian Sandoval stated: "It has become clear that this case can no longer be retained in court". On October 7, 2014, the Ninth Circuit Court of Appeal reversed the federal district court's decision in Nevada and returned it to the district court, ordering it to issue an order to ban the adoption of Nevada amendments that prohibit same-sex marriage. The court stated that the Nevada ban on same-sex marriage is a violation of the Fourteenth Amendment of same-sex couples for the same protection. The Court also imposed a high degree of scrutiny in concluding that Nevada's ban was discrimination on the basis of sexual orientation. On October 9th, Judge James C. Mahan issued an order and same-sex couples began to get marriage certificates.
Statute
Between 1975 and 2017, Nevada marriage legislation (NRS 122,020) states that "a man and a woman... can join in marriage".
On 21 February 2017, a bill to legislate a gender-neutral marriage law was introduced in the Assembly. This passed the Assembly on 17 April, in the 28-10 election and passed the Senate on May 17, in 20-1 votes. The bill was signed by the Governor on 26 May and entered into force on 1 July 2017. The definition of marriage under current Nevada law is as follows:
Unless otherwise stated in this section, two persons, regardless of gender, are at least 18 years old, no closer than cousins ​​to cousins ​​or cousins ​​of half blood, and have no life partner, can join in marriage.
Maps Same-sex marriage in Nevada
Domestic partnership
Senate Bill 283 , legislation that creates domestic partnerships in which unmarried couples - same-sex couples and different-sex couples-will have most of the rights of a married couple sponsored by Democratic Senator David Parks are openly gay from Las Vegas. To withdraw support, he modified his original draft so that the law freed both private and public companies from the necessity of providing health benefits to their employees' domestic partners. This passed the Senate on 21 April 2009, at 12-9 votes. The Nevada Assembly passed legislation 26-14 on 15 May. Both the Legislative Assembly has passed the bill with two-thirds of the votes required to rule out the governor's veto. On May 25, Republican Governor Jim Gibbons vetoed the law. In his veto message he wrote: "I believe that because voters have decided that marriage rights should only apply to married couples, only voters should determine whether these rights should apply equally to domestic spouses."
On May 30, the Senate ruled out the governor's veto with a 14-7 vote. The Assembly overruled the next day's veto with a 28-14 vote. The law came into effect on October 1, 2009. It allows couples of the opposite sex to establish domestic partnerships as well.
Domestic Partnership Act provides many state rights, responsibilities, obligations, rights and benefits of marriage under the name "domestic partnership". They differ from marriage for failing to qualify as marriage for federal purposes and in the lack of a requirement that businesses and governments provide health benefits to their employer's domestic counterparts if they do so for couples of married employees. On June 26, 2013, the US Supreme Court ruled in the United States v. Windsor, challenged the Defense of Marriage Act (DOMA) and declared Section 3 of the DOMA unconstitutional, arguing that it violated the protection of the United States Constitution's Fifth Amendment Clause, as well as the guarantee of protection the same from the Fourteenth Amendment. Because of the decision, federal government allowances are extended to same-sex couples and their children in countries where same sex marriages are legal. Domestic Partnership Act fails to qualify for domestic partnership as a marriage only for the purpose of obliging corporations and governments to provide the health benefits mentioned above because of the regulations.
Nevada's domestic partnership differs from marriage because couples who form domestic partnerships must share a common home. The domestic couple must be at least 18 years of age, the same age to marry. While a person who wants to get married can do so at the age of 16 with the consent of one parent, no comparable exemption is given for someone wishing to enter into a domestic partnership before the age of 18.
Some of the rights provided by Nevada's domestic partnership are:
- Visit to hospital, health care decision making, and access rights information
- Inheritance rights, including the right to manage an abandoned domestic partner plantation, and business succession rights
- Cyber ​​grave-related rights, residual disposition, anatomical contributions, and autopsy booking
- Living domestic partners can bring false deaths based on the death of another couple
- Community ownership, domestic violence, and privileges of testimonials apply
- The dissolution law applies (with only a few exceptions)
- Domestic partners may sue on behalf of the community
- Transferring certain properties between partners is not taxed
- The benefits of state veterans apply
- The designated and elected domestic partner as an official is subject to the same laws and regulations that apply to spouses of officials
- Employment benefits, including sick leave to care for domestic partners; wages and allowances when a domestic partner is injured, and unpaid wages at the death of a domestic partner; unemployment and disability insurance benefits; employee compensation scope
- Insurance rights, including rights under group policy, policy rights after death of domestic partner, conversion rights, and rights of ongoing coverage
- Rights related to adoption, child custody and child support
Margin statistics
On January 20, 2017, the Clark County Marriage License Bureau issued its 10,000th same-sex marriage license.
Public opinion
See also
- LGBT Rights in Nevada
- same-sex marriage in the United States
Note
References
Source of the article : Wikipedia
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