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May. 31, 2009
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Senate rejects domestic partnership veto

14-7 override follows emotional debate, sends bill to Assembly

By ED VOGEL and MOLLY BALL
LAS VEGAS REVIEW-JOURNAL
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State Sen. David Parks, left, and state Senate Majority Leader Steven Horsford, both D-Las Vegas, confer Saturday in the Senate Chambers in Carson City. The state Senate overrode Gov. Jim Gibbons' veto of Parks' bill that provides domestic partnerships to same- and opposite-sex couples.
Photo by Brad Horn/Special to the Review-Journal

CARSON CITY -- After an emotional debate that brought tears to the eyes of some lawmakers, state senators voted 14-7 Saturday evening to override Gov. Jim Gibbons' veto of the domestic partnership bill.

The bill, which goes to the Assembly for a final vote today, would allow same- and opposite sex couples to secure domestic partner contracts that essentially give them the same rights and responsibilities as heterosexual married couples.

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    • The vote on Senate Bill 283 came following a dramatic speech by state Sen. Dennis Nolan, R-Las Vegas, who said he had received many vulgar and even threatening calls from people who demanded that he vote against the bill.

    Those kinds of calls do not mesh with "the Christian beliefs I was brought up with," Nolan said.

    He added that the bill does not at all undermine the 2002 voter-approved constitutional amendment that defines marriage as between a man and a woman.

    "We have an obligation to ensure equal rights to all our citizens," Nolan said. "I believe in my heart that I am doing the right thing,"

    Nolan and state Sen. Dean Rhoads, R-Tuscarora, who both voted against the bill when it was passed April 21 on a 12-9 Senate vote, then joined the 12 original supporters to override Gibbons' veto by the required two-thirds margin.

    Rhoads said he got many e-mails from straight couples who would be helped by the bill and also was influenced by resort industry support of the measure.

    "I think they made a good point," Rhoads said. "It isn't marriage; it's a domestic relationship. That's what swung my vote that way."

    Harrah's Entertainment lobbied for the bill, contending that Las Vegas could lose the business of gays and lesbians if Gibbons' veto was not rejected.

    The bill today goes back to the Assembly, which originally approved the bill 26-14. Two members were absent when the first vote was taken.

    Two-thirds of the Assembly, 28 members, must vote to override Gibbons' veto or the bill dies.

    Activists hope Assemblywoman Marilyn Kirkpatrick, D-North Las Vegas, and one other lawmaker who initially voted against the bill will vote to override the veto, giving the bill the votes needed to become law.

    During the first tally in the Assembly, Kirkpatrick voted against the bill.

    Some supporters had hoped for a Saturday night vote in the Assembly. But Assemblyman James Ohrenschall became ill earlier in the day and was briefly hospitalized.

    Ohrenschall, D-Las Vegas, supported SB283 in the first Assembly vote. He is expected to return to the Legislature today.

    In asking senators to override the veto, state Sen. David Parks, D-Las Vegas, noted that legislative lawyers, the attorney general's office and numerous legal scholars opined that his bill does not conflict with the constitutional amendment making a marriage between a man and a woman.

    Parks, the only openly gay member of the Legislature, said domestic partnerships are civil contracts that ensure couples can make important financial and medical decisions for each other.

    Securing private contracts to take care of these matters can be expensive and "there is no guarantee the contracts will stand up," Parks said.

    He said the bill would be of particular help to senior citizens.

    "Our state is a haven for opposite-gender senior citizens who have retired here," Parks said. "Many of these folks have lost their previous spouses and often meet a second individual with whom to spend the balance of their lives but who do not wish to remarry."

    Gibbons had vetoed the bill on the grounds that it was unconstitutional because it infringed on the 2002 voter-approved constitutional amendment.

    State Sen. Maurice Washington, R-Sparks, a minister, blasted the bill, saying it thwarts the wishes of voters and is "against my character."

    "We are saying to our citizens their votes do not matter," Washington said. "The bill is a slap in the face against the people of this great state."

    Gary Peck, executive state director of the American Civil Liberties Union, hailed the vote.

    "We are thrilled that the Senate had the vision to do the right thing to help ensure that every Nevadan has a better chance to live their lives responsibly and with the dignity we all deserve," Peck said. "We are optimistic that the Assembly will follow suit, and will thereby give everyone who cares about fairness and equality a chance to celebrate a great day in our state's history."

    The Progressive Leadership Alliance of Nevada also praised the vote.

    "This was a resounding rejection of the governor's intolerance and it is wonderful to finally have something to celebrate," said Jan Gilbert, a PLAN lobbyist.

    Gay and lesbian organizations also saluted the state Senate override.

    "Today, we are one step closer to legally recognizing committed couples in Nevada who currently cannot get married or choose not to get married, but want the opportunity to recognize their relationships under state Law and the protections that will provide them," said Tod Story, a Gay and Lesbian Community Center board member in Las Vegas.

    Contact reporter Ed Vogel at evogel @reviewjournal.com or 775-687-3901. Contact reporter Molly Ball at mball @reviewjournal.com or 702-387-2919.

     

     

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    Amanda wrote on June 01, 2009 10:11 AM: Wow....such ignorance. I am a HETEROSEXUAL female and me and my "domestic partner" have been together for 8 years. Just because we CHOOSE to not get married doesn't mean we don't deserve to visit each other in the hospital or have health insurance so crawl out from under the rock you are living and learn the facts. This bill benefits EVERYONE! Whether you're gay, straight, bisexual, or whatever you are BORN AS you deserve to have basic human rights. You probably benefit from it as well so get educated before you run your mouth.


    Chuck Anziulewicz wrote on June 01, 2009 06:08 AM: The enemies of marriage equality keep screaming about how marriage is being "redefined," or even worse, "DESTROYED." Nothing could be further from the truth.

    For Straight (i.e. heterosexual) Americans, NOTHING about marriage is changing. The vast majority of human beings have always been and always will be Straight. They will continue to date, get engaged, marry and build lives and families together as they always have. None of that will change.

    For Gay Americans, the only way that marriage is changing is that what was once off-limits is now starting to be allowed. In Massachusetts, Iowa, Vermont, and eventually the entire country, Gay couples are no longer being relegated to the fringes of society, but are being invited to a place at the table. You can quote Scripture all you want, but from a purely Constitutional standpoint there is simply no justification for denying Gay couples the exact same legal benefits and responsibilities that Straight couples have always taken for granted.

    The issue of children is irrelevant, since one does not need a marriage license to make babies, nor is the desire or ability to make babies a prerequisite for obtaining a marriage license. Ask any couple why they wish to get married, and the answer will more likely be because they wish to make a solemn commitment, in the presence of friends and family members, to one another's support and happiness. Gay couples understand and support this.


    John wrote on May 31, 2009 08:20 PM: Hey jerk feel free to leave

    Jake (Jay) wrote on May 31, 2009 08:15 PM:
    How embarrassed I am to be a Nevada native and resident. The sausage burglars now are forced down our throats. Disgusting !!


    Jake (Jay) wrote on May 31, 2009 08:15 PM: How embarrassed I am to be a Nevada native and resident. The sausage burglars now are forced down our throats. Disgusting !!


    To "I Hate Gays" wrote on May 31, 2009 08:11 PM: Good. You do that. I'll be out there making sure that Dennis Nolan gets reelected and that Chad Christensen doesn't. We'll see who wins. :-)


    TDM wrote on May 31, 2009 08:11 PM: The Gerbil business will be booming in Vegas. I guess this is how the Democrats create jobs.


    Johnathan L. Abbinett wrote on May 31, 2009 08:00 PM: Hey "I hate gays" you are so in the minority - what business is it of yours what sort of legal relationship the neighbors have? NONE!

    Finally, the haters have been put in their place as the bigots and hypocrites that they are - KUDOS!

    I'm planning on doing all I can to make sure whoever voted FOR this bill gets re-elected!

    I'm a straight guy, but have long been an advocate for "domestic partnerships" - and it has nothing to do with religious views or marriage!

    Do you know how many thousands are disabled, have been totally abandoned by their natural families and living unsafely alone?

    Oh, you never thought about that group? Well, that's the point about being open minded and serving ALL Nevadans!

    Now, thousands of Nevadans, many of them straight, will be able to form a "domestic partnership" and have some measure of peace and sense of some security that a caring friend will be the one that can legally provide key information in a critical moment of time to emergency and health care professionals (allergies, medications, health history, etc.) and carry out their last wishes in case of death!

    "Shannon" hit the nail on the head - it's not about what anyone thinks about their neighbors religion or sexuality - it's about ALL of your neighbors having the legal power to be protected equally under the law!

    Hopefully, people like Zeiser will have a miraculous enlightenment when this law becomes effective on 1 October 2009 - or, maybe the day after a Fairy or Angel (maybe even a Fairy Angel) will be able to explain the reality to them!

    As that new guy said, "The ground has shifted beneath their feet - and they don't even know it!"

    Change has come for those of us that are becoming that change!


    I hate gays wrote on May 31, 2009 07:43 PM: Everyone in the senate that voted in favor of this bill I will go out of my way to make sure none of you are re-elected! I don't care what you are Republican or Democrat.


    Tony wrote on May 31, 2009 07:12 PM: Rich Zeiser must be crapping his pants!!!


    Tony wrote on May 31, 2009 07:10 PM: GAYSMACKDOWN, didn't you read the whole article?, the State assembly vote only needs two votes to overide and those two assemblypersons have promised to vote to overide!


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