LGBT Rights in Nevada - Recognition of Same-sex Relationships

Recognition of Same-sex Relationships

Nevada voters approved Question 2, an amendment to the Constitution of Nevada that banned same-sex marriage, by 69.6% in 2000 and 67.1% in 2002.

On May 21, 2009, the state legislature passed the Domestic Partnership Responsibilities Act 2009 to grant both opposite-sex and same-sex couples many of the responsibilities, obligations, rights, entitlements and benefits of marriage under the designation domestic partnership rather than marriage. Governor Jim Gibbons vetoed the legislation, saying he did not personally oppose rights for domestic partners but felt he needed to respect the voters' wishes on the question. On May 30 and 31, both the Assembly and Senate overrode his veto. The law went into effect on October 1, 2009. It exempted both private and public employers from having to provide medical coverage for the domestic partners of their employees even if they did so for their employees' married spouses. Whether other jurisdictions will recognize a Nevada domestic partnership is uncertain, as are some parental rights normally held by married couples. Even within Arizona, the status of domestic partner can be misunderstood and is not always recognized as the equivalent of marriage.

On April 10, 2012, Lambda Legal filed a lawsuit, Sevcik v. Sandoval, in U.S. District Court for the District of Nevada on behalf of eight same-sex couples, claiming that Nevada's categorization of same-sex domestic partnerships consigns same-sex couples to "a lesser, second-class status" and constitutes a violation of the U.S. Constitution's guarantee of equal protection. Chief Judge Robert Jones ruled on November 29 that Nevada's denial of marriage rights to same-sex couples does not violate the Equal Protection Clause. Lambda Legal said it would appeal the decision.

In 2013, the state legislature began work on legislation that repeals the constitutional ban and substitutes a gender-neutral definition of marriage. The Senate approved the legislation on April 22 on a 12–9 vote. The Assembly approved it on May 23 by a vote of 27-14. The 2015 Nevada Legislature must vote on exactly the same resolution again - for it to be passed on to voters in November 2016.