Nevada's New Domestic Partnership Law

By ED VOGEL
LAS VEGAS REVIEW-JOURNAL CAPITAL BUREAU

Las Vegans Earl Shelton and Richard Kuta are not considered married, but they will have virtually all the rights of married couples as a result of Nevada's new domestic partnership law taking effect today.

"We feel sheer and utter joy about the law," said Shelton, publisher of QVegas, an information magazine for Southern Nevada gays and lesbians.

"Passing it was another footstep in the right direction."

About 700 same- and opposite-sex couples are scheduled to receive certificates today recognizing them as legal domestic partners. Shelton and Kuta will be among them.

Gay and lesbian couples look at today as historic in their quest to secure civil rights. Seven years ago, such a day might not have seemed possible after two-thirds of Nevadans approved the Protection of Marriage constitutional amendment that defines marriage as between a man and a woman.

"This is one of those situations that I never thought would happen," said Sen. David Parks, D-Las Vegas, the only openly gay member of the Legislature. "Our society has moved forward."

With passage of Parks' bill, Nevada became one of 12 states that permit gay and lesbian couples to secure domestic partnerships. Iowa, Massachusetts, Connecticut and Vermont allow same-sex couples to marry. New Hampshire will permit same-sex marriages starting Jan. 1.

Language in the enabling bill, Senate Bill 283, specifies that gay and lesbian couples in Nevada are not considered married, but enjoy other rights married couples have.

Those rights include the ability to make health care decisions for each other, hold community property and not be required to testify against a partner in court cases.

The law also states that companies that offer health care benefits to their employees may provide benefits to their domestic partners, though that is not required.

The Nevada domestic partner statute does not affect federal laws. That means a person cannot claim a partner as a spouse to file a joint income tax return or secure Social Security benefits of a deceased partner.

Secretary of State Ross Miller and Parks will be on hand at the state Capitol this morning and at the Sawyer Building in Las Vegas in the afternoon to hand out domestic partner certificates.

Most couples, however, are having them sent to their residences. The couples who will receive the initial certificates are those who pre-registered for domestic partnership between Aug. 24 and Sept. 24.

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."

George Flint, the owner of a wedding chapel in Reno and legislative lobbyist for the industry, said his and other chapels will offer commitment ceremonies for same-sex couples.

"This is really a good thing for Nevada," Flint said. "When we have a commitment ceremony, they will first sign a statement that it is nothing more than a blessing, not a marriage. But it makes them feel good."

Flint expects as time goes on more opposite-sex couples will file for domestic partnerships.

Parks added domestic partnerships also will help older people, especially women, who live in the same home and may not even have a romantic relationship. Through domestic partnerships, they could make medical decisions for each other.

Miller said the 700 couples who so far have sought the certificate exceeded his expectations. It is about twice the number as in Wisconsin, a state with a domestic partner law and with a much larger population than Nevada.

"We really didn't know how many to expect," he added.

Nationally there are about 150,000 same-sex couples who reported last year that they were in a relationship akin to that of married couples, according to a recent U.S. Census Bureau study. Las Vegas lawyer Jim Shaw conducted about 12 seminars with gay and lesbian groups about the new law. He found people were eager to learn about it. The biggest questions were whether other states would recognize Nevada domestic partners and whether Nevada would recognize their civil unions, according to Shaw.

"There are a lot of uncertainties," he said. "There is no yes or no answer."

The domestic partnership law says Nevada won't recognize same-sex marriages from other states but will recognize unions similar to our domestic partnerships. For Nevada to recognize another state's domestic union, the law says, the couple needs to secure a domestic partnership in Nevada.

Reno employment lawyer Anthony Hall also expects litigation will eventually be filed regarding same-sex couples who are denied Federal Family Leave Act benefits. This federal law grants spouses up to 12 weeks of unpaid leave to care for sick husbands or wives.

Although Nevada law does not give federal rights to domestic partners, the Family Leave Act itself states the leave will be granted by states to spouses according to how they define a husband or wife.

Hall said this could mean a case can be made that Nevada's domestic partners should receive family leave benefits.

"It is a big open question in employment law," Hall said.


Source: Las Vegas Review Journal

Attention all Lesbian Married Couples from California

Here Come the Brides will be an important first-of-its kind book documenting the historical evolution of gay/lesbian marriage and the stories of lesbian relationships with edited oral histories and photos.

They are looking to interview lesbian couples who were married during the short period of time it was legal in California. The interviews will last about 2-3 hours and will be conducted at the convenience of the couple. They want to hear your story!

They are especially interested in finding couples of color or mixed couples, as well as couples who do not live in the Bay Area--but all welcome to contact Nona Caspers at nonacaspers@ gmail.com or call 415-431-0155.

Nona Caspers is an Associate Professor at San Francisco State University and the author of Heavier than Air and Little Book of Days. Her writing has been honored with a NEA Fellowship and other awards.

Lesbian Couple Celebrates their 70th Anniversary

I found this article in the Miami Herold about a lesbian couple celebrating their 70th anniversary and thought I would share with you:

They've been together for 70 years, but this couple had to keep silent about their relationship for decades.

Yes, couples in their 90s still argue occasionally.

This is how it went recently for Caroline Leto and Venera Magazzu as they sipped lemonade on their couch in Dania Beach:

''We're not going to have a party,'' said Magazzu, 97, insisting they are too old for such things.

''Oh yes we are,'' responded Leto, 96, who noted the two can still polka. ``This is a big one.''

Indeed. A party celebrating 70 years together is a big deal for any pair. But a celebration of this couple's love takes on special meaning, considering they had to keep silent about it for decades.

''You just couldn't tell everyone we were lovers,'' said Leto. ``You tell people we're friends, and some thought we were sisters.''

Leto and Magazzu downplay their pioneering role in the gay and lesbian community. But many of their friends and relatives talk it up anyway, marveling at how their love was able to transcend a lifetime's worth of obstacles.

To mark their Aug. 17 milestone, members of Etz Chaim, a gay and lesbian congregation in Wilton Manors, are planning a party. They hope Leto and Magazzu will attend and show everyone how to do the polka.

''Honestly, I think they are more in love with each other than they were back then,'' said longtime close friend and congregation member Gayle Scott. ``Look at straight couples. You are lucky if you are married after seven years. That is an amazing love story.''

In 1939 Leto and Magazzu met at a party in New York. Caroline thought Venera was stylish. Venera thought Caroline was funny.

After a courtship of about a year, Magazzu, a teacher, and Leto, a telegraph operator, moved into a tiny house in New York. They spent most of their lives there, with only close family members and closer friends knowing about their relationship.

Magazzu, a former Army medic, said she often fought the urge to tell others but feared what ''outsiders'' would think. She believes society back then was more receptive to two women living together than two men -- or at least less inquisitive.

''I think most people had their suspicions, but they didn't really make a big deal about it because it was just two women,'' she said. ``They didn't ask, and we just didn't talk about it.''

Leto's niece, Patricia Dillion, said she grew up believing the two were sisters and referred to them as aunts. One day, at a family party, an apparently tipsy Leto let Dillion in on a secret.

''She mentioned they got married,'' said Dillion. ``I was so happy, but then I got sad thinking that all that time they really couldn't be upfront about it.''

In 1996 the couple registered as domestic partners in New York City.

Years later they moved to Florida, where they got more active in the gay and lesbian community, attending rallies and galas and recounting their story. They lead the life of any Florida retiree couple, going on cruises, playing poker on Tuesday nights with friends. At one point, they adopted a pet monkey named Chi-Chi.

In 2006, as age slowed them down a bit, Magazzu put their story in a self-published book called An Unadulterated Story: Young and Gay at 90.

During a reporter's recent visit, the two quibbled over where they had last seen a copy. Magazzu insisted it was in a bedroom. Leto said she saw it in the trunk of their car.

''OK, so if you know where everything is, then you look for it,'' Magazzu huffed as she turned her head toward the kitchen.

Leto smiled. ``Cute, isn't she?''

By Ihosvani Rodriguez
South Florida Sun-Sentinel

Lesbian couple loses appeal in health club discrimination case

One step forward, two steps back...

Earlier this week a Minnesota appeals court judge upheld a ruling that found it legal for the Rochester Athletic Club to deny a family membership to a lesbian couple because the couple is not married. The case spotlights an instance where Minnesota anti-discrimination laws are ineffective so long as same-sex couples cannot marry.

Amy and Sarah Monson have been partners for seven years and are raising their daughter together. They co-own a business, have joint finances, and had a commitment ceremony in 2002. They have drafted estate plans for themselves and their daughter, and Sarah changed her last name to Monson.

The Rochester Athletic Club had a policy that only married couples could apply for a family membership package. The courts have said that since unmarried heterosexual couples also cannot get the discounted membership the policy does not constitute discrimination based on sexual orientation. But the Monsons contend that since they don’t have the option to marry, they shouldn't be compared with unmarried heterosexual couples who have the option to marry.

After four attempts to resolve the matter with the club, the Monsons filed a lawsuit in 2007, alleging a violation of the Minnesota Human Rights Act, the 1993 law that prohibits discrimination based on sexual orientation and gender identity.

The Minnesota Court of Appeals denied their argument this past Tuesday and upheld a previous Olmstead County judge’s decision.

Judge Kevin Lund, the judge in the original decision, saw the flaws in the system. He called the health club’s policy “anachronistic” and an “unrealistically narrow definition of family” that “fails to recognize the underlying stability and commitment of the Monsons’ relationship,” a relationship that he said functions “as a loving family unit and would otherwise be married or have entered into a permissible legal domestic partnership if allowed by our Legislature.”

The Monsons may appeal the case to the Minnesota Supreme Court.

Source: The Minnesota Independent