Nevada lawmakers override governor’s veto of domestic partnership bill

by Zamna Avila

EDGE Media Network Contributor

Thursday June 4, 2009

In spite of Gov. Jim Gibbons' veto of a bill that would have allowed unmarried couples to enter into domestic partnerships, Nevada became the 17th state to extend some form of legal recognition to gay and lesbian partners after lawmakers successfully overrode his veto earlier this week.

"It's a remarkable achievement that the Nevada Legislature was forward thinking, fair-minded and willing to extend these common sense rights and protections," Tod Story, a spokesman for the Gay and Lesbian Community Center of Southern Nevada in Las Vegas, said.

Gibbons vetoed the bill on May 25, more than a week after the state Assembly voted 26-14 to approve the bill. In a letter to Senate Majority Leader Seven Horsford [D-Las Vegas], the governor cited his reasoning for the veto was Senate Bill 283 would extend "nearly all of the rights, protections, benefits and privileges currently available to married persons" to unmarried couples. Nevada voters approved an amendment to the state Constitution in 2002 that limits marriage to between a man and a woman.

"I believe that because the voters have determined that the rights of marriage should apply only to married couples, only voters should determine whether those rights should apply to domestic partners," Gibbons wrote.

LGBT groups said the governor's veto was not surprising.

"The governor spoke out before it got to the first step," Story said. "It was disappointing that he didn't research the actual bill; that his mind was made up before the bill even got to the initial stage for senate consideration."

The Center sent a letter to the governor requesting a meeting with the governor shortly after he announced he would veto it if it passed. Gibbons initially expressed he would meet with anyone about the issue; he never met with the Center's representatives. Story said a spokesman for the governor said Gibbons thought nobody would change his mind and a meeting would be premature.

"The governor's position was disappointing [in] that his mind was made up without considering all of the facts or hearing from his constituents about the realities of our daily lives," he said.

Daniel Burns, the governor's communications director, said Gibbons did take 20 minutes to speak to a lesbian woman from Reno who works for a well-known company and was not affiliated with any political or lobby group. He did not disclose her name.

"The governor's position was disappointing [in] that his mind was made up without considering all of the facts or hearing from his constituents about the realities of our daily lives."

"She was content that the governor had listened to her viewpoints and treated her with courtesy and respect," Burns said. "As for the Gay and Lesbian Center of Southern Nevada, they should have picked up the phone and scheduled a time to visit with the governor."

The state Senate on Saturday overrode the Gibbon's veto with a 14-7 vote. And the state Assembly followed suit on Sunday by an 28-14 margin.

"The (governor's) reaction to (legislature) overriding the veto is that government is working exactly how it supposed to," said Daniel Burns, a spokesman for Gibbons. "The governor stood up for what he believes in and the legislature stood up for what they believe in."

The bill, which is modeled closely to the California Domestic partnership law that took effect in 2005, affords unmarried couples property and contractual rights, inheritance, healthcare, shared debts, end-of-life decisions and other rights and responsibilities.

The legislation contains clarified no religious entity is required to perform any sort of solemnization ceremony. Marriage remains between one man and one woman and domestic partner contracts will be issued by the Secretary of State and not by county officials.

Marriage is "a battle for another day," Story said. And for now, LGBT groups in Nevada accept that marriage is not an option for gay and lesbian couples and show solidarity for California's struggle to achieve marriage for gays and lesbians.

"We do believe that marriage should apply to consenting, committed adults, regardless of their sexual orientation," Story said.

He added the decision to override Gibbons' veto carries personal significance.

"It was very emotional and we were very ecstatic," Story said as he described his relationship with his partner of 16 years, Michael Ginsburg. "(We're) thrilled to have the rights to secure our property together and plan our future together as a couple in Nevada."

The law takes effect on Oct. 1.