Las Vegas Sun

March 29, 2024

5-MINUTE EXPERT:

Guide to gay marriage in Nevada

1007TheCenter01

Steve Marcus

People celebrate at the Gay and Lesbian Community Center of Southern Nevada Tuesday, Oct. 7, 2014. Tommy Holman, back left and his husband, Rik, and Mercy Leonard, front left, and her wife, Gwen, cheered as it was announced that Clark County will begin issuing marriage licenses to same-sex couples. People gathered to celebrate a ruling by the 9th U.S. Circuit Court of Appeals that overturned Nevada’s prohibition of gay marriage.

WHERE CAN'T GAYS MARRY?

With gay marriage now legal in a majority of U.S. states plus Washington, D.C., it's now easier to list the places where it's not legal. Here they are:

• Gay marriage is banned in Alabama, Georgia, Kansas, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Tennessee

• Gay marriage is under court review in Arkansas, Florida, Kentucky, Louisiana, Michigan and Texas

ECONOMIC IMPACT ELSEWHERE

• $259 million: within the first year of legalization in New York City

• $111 million: Within the first four years of legalization in Massachusetts

• $61.9 million: Estimated within first three years in Arizona

IN CLARK COUNTY

• 302: Number of same-sex marriages officiated in Clark County as of Oct. 23

• 2,300: Estimated number of gay marriages Nevada could see in the first year of legalization, according to a report from the Williams Institute.

• 7,140: Number of Nevada residents in same-sex relationships, according to the 2010 U.S. Census

Las Vegas now can truly call itself the wedding capital of the world.

After days of legal flip-flopping, the 9th Circuit Court of Appeals on Oct. 9 declared that its ruling allowing same-sex marriage in Nevada was “in full force and effect,” allowing couples across the state to wed whomever they choose.

How did this come about?

The wheels began turning Oct. 6, when the U.S. Supreme Court let stand rulings that allow same-sex marriage in five states: Indiana, Wisconsin, Utah, Oklahoma and Virginia. The next day, the 9th Circuit Court of Appeals ruled that same-sex marriage bans in Nevada and Idaho were illegal.

Though the Clark County Clerk’s office was set to begin issuing marriage licenses at 2 p.m. Oct. 8, Supreme Court Justice Anthony Kennedy stayed the marriage ruling in Nevada and Idaho at the request of Idaho officials. But Kennedy lifted the stay in Nevada later that day.

The Coalition for the Protection of Marriage, which fought to keep gay marriage illegal in Nevada, pushed for a stay of the ban Oct. 9 but withdrew its petition, allowing Nevada to issue its first same-sex marriage licenses that day.

What will this bring to Nevada?

• $23 million to $52 million: Expected boost to the state and local economy in the first three years of legalization (up to $34 million in the first year). The estimates don’t include revenue from out-of-state couples who might travel to Nevada to wed.

• $1.8 million to $4.2 million: Local and state tax dollars from increased revenue.

• 193-449: Number of jobs expected to be created within the first few years.

How the state ruling works in conjunction with the federal stance

Same-sex marriage is legally recognized by the federal government in all federal legal matters, such as bankruptcy, survivor benefits and prison visitation. That means:

• Federal benefits extend to married same-sex couples in states where same-sex marriage isn’t legal, though those benefits apply only where the federal government has jurisdiction.

• For example, a same-sex couple married in Nevada would have prison visitation rights in Mississippi, even though same-sex marriage remains illegal there.

What do I have to do if I'm gay and want to marry my partner?

The same as anyone: Appear together before a clerk at a Clark County Marriage Bureau location and get a marriage license. Be sure not to forget IDs.

• Employers must recognize same-sex marriages just as they do straight marriages when it comes to benefits. Private employers in Nevada hadn’t previously been required to extend benefits to domestic partners, although many did, including some of the state’s largest employers, such as NV Energy, Caesars Entertainment, MGM Resorts and Wynn Resorts.

The ruling won’t change much for public employees in domestic partnerships in Nevada. Since 2013, they have been entitled to the same rights, protections and benefits as straight married couples.

• Tax regulations apply the same to same-sex married couples as to straight married couples, meaning same-sex spouses must file either individually as “married filing separately” or together as “married filing jointly.”

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