LGBTQ rights in Nevada
{{Short description|none}}
{{Infobox LGBT rights
| location_header = Nevada
| image = Map of USA NV.svg
| legal_status = Legal since 1993, age of consent equal since 2013
| gender_identity_expression = State does not require surgery to change gender on birth certificate
| recognition_of_relationships = Domestic partnerships legal since 2009;
Same-sex marriage since 2014
| recognition_of_relationships_restrictions =
| adoption = Same-sex couples allowed to adopt
| discrimination_protections = Sexual orientation and gender identity or expression (see below)
}}
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nevada enjoy the same rights as non-LGBTQ people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt children. Since 2022 the Nevada Constitution explicitly includes both sexual orientation and gender identity - discrimination laws since 1999 included sexual orientation for employment and expanded thereafter to housing and accommodation (plus added gender identity). In addition, conversion therapy on minors is outlawed in the state.
Nevada is frequently referred to as one of the most LGBTQ-friendly states in the Mountain West. The LGBT think tank Movement Advancement Project ranks Nevada first in the region for LGBT rights legislation. 2017 polling from the Public Religion Research Institute showed that 70% of Nevada residents supported same-sex marriage. In November 2020, Nevada made history in becoming the first U.S. state by 62% of voters to enshrine the right to same-sex marriage in the Nevada Constitution.[https://silverstateelection.nv.gov/ballot-questions/ Silver State Election Results]{{Cite news|last=Browning|first=Bil|date=November 4, 2020|title=Nevada voters turn same-sex marriage ban into legal protections for gay couples|url=https://www.lgbtqnation.com/2020/11/nevada-voters-turn-sex-marriage-ban-legal-protections-gay-couples/|access-date=November 6, 2020|website=LGBTQ Nation}} In November 2022, Nevada again made history in becoming the first U.S. state by 58% of voters to formally add the words "sexual orientation and gender identity or expression" to the state-based Nevada Constitution.{{cite web | url=https://www.nevadacurrent.com/2022/11/10/with-question-1-nevada-passes-most-inclusive-states-equal-rights-amendment-in-nation/ | title=With Question 1, Nevada passes most inclusive states equal rights amendment in nation | date=10 November 2022 }}
History
Among the Native Americans, perceptions towards gender and sexuality were very different from those of the Western world. The Northern Paiute people, for instance, recognize individuals assigned male at birth but who act, behave and live as women, known as tüdayapi. Such individuals are known as tüwasawuts among the Southern Paiute.
Nevada adopted a criminal code in 1861 establishing a sentence of five years' to life imprisonment for sodomy. In 1912, the Supreme Court of Nevada held that fellatio constituted a criminal offense. As was the case for such laws around the United States, Nevada's sodomy law criminalized both heterosexual and homosexual oral sex and anal intercourse. It did not, however, criminalize lesbian acts. In 1951, the minimum penalty of sodomy was reduced to one year imprisonment, but the maximum penalty of life imprisonment was retained. This was changed again in 1967 when it was reduced to one to six years. Furthermore, under a 1961 sex offender registration law, those convicted of sodomy had to register with the local sheriff or chief of police and report any change in address. Over the years, the courts convicted multiple people of sodomy, almost consistently upheld by higher courts, and a challenge to the sodomy law on the grounds of vagueness and unconstitutionality was rejected in 1969. In 1973, 1976 and 1978, the Nevada Supreme Court ruled that cunnilingus, masturbation in front of a witness and licking a penis were violations of the sodomy statute.{{cite web |url=https://www.glapn.org/sodomylaws/sensibilities/nevada.htm |title=The History of Sodomy Laws in the United States: Nevada |date=August 10, 2004 |website=GLAPN |access-date=October 2, 2021}}
In 1977, the Nevada Legislature amended the state's sodomy law, redefining the act as "anal intercourse, cunnilingus or fellatio between consenting adults of the same sex", thus legalizing heterosexual activity but also making sexual activity between women illegal for the first time in Nevada's history. The penalty of one to six years' imprisonment remained.
Legality of same-sex sexual activity
Nevada decriminalized sodomy in 1993, ten years before the U.S. Supreme Court in Lawrence v. Texas struck down laws that criminalized private consensual sexual activity. Senator Lori Lipman Brown introduced Senate Bill 466 on May 13, 1993 to decriminalize what the statutes called "infamous crime against nature". At hearings, two doctors linked repealing the sodomy laws with a public health measure to combat the stigma and spread of HIV. Other supporters included Reno Rabbi Myra Soifer, former senators Helen Foley and Jean Ford, gay rights advocate Lee Plotkin, and progressive activist Bob Fulkerson. Opponents included Janine Hansen of the Nevada Eagle Forum and Independent American Party of Nevada and Lynn Chapman who said that repealing the sodomy laws would increase the spread of HIV/AIDS and would "open the floodgate ... in legalizing, condoning and recognizing homosexuality to be on an equal footing with heterosexuality" and lead to "such things as homosexual marriage and adoption of children."{{Citation |title = Minutes of the Senate Committee on Judiciary |volume = 67th Session |date = May 24, 1993 |url = http://leg.state.nv.us/Session/67th1993/93minutes/S_JD_524.html}} In the course of the legislative process, the words "infamous crime against nature" were replaced by "anal intercourse, cunnilingus or fellatio in public".{{Citation |title = Journal of the Nevada Senate |volume = 67th Session |date = May 26, 1993 |pages = 897–9}} Other amendments, including one to require sex education in schools to provide "factual information regarding the dangers of such activities" of "a homosexual lifestyle or the infamous crime against nature" were defeated.{{Citation |title = Journal of the Nevada Assembly|volume = 2 |date = June 14, 1993 |pages = 1145–47}}{{Citation |title = Journal of the Nevada Assembly|volume = 2 |date = June 14, 1993 |pages = 1147–1151}} Democratic Governor Bob Miller signed the legislation on June 16, 1993 and it went into effect on October 1, 1993. However, the age of consent for same-sex sexual activity was unequal and set 2 years higher at 18. It was finally equalized at 16 in line with heterosexuals 20 years later on October 1, 2013.{{cite web |url=https://www.aclu.org/news/aclu-nevada-applauds-repeal-nevadas-infamous-crimes-against-nature-statute |title=ACLU OF NEVADA APPLAUDS REPEAL OF NEVADA'S "INFAMOUS CRIMES AGAINST NATURE" STATUTE |date=May 20, 2013 |website=ACLU |access-date=October 2, 2021}}{{cite web |url=http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?ID=913 |title=SB388 |date=March 18, 2013 |website=Nevada Legislature |access-date=October 2, 2021}}
Recognition of same-sex relationships
{{Main|Same-sex marriage in Nevada}}
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.{{efn|Amendments to the Constitution of Nevada must be approved twice by voters if initiated by the people, or twice by the Legislature and once by voters if initiated by the Legislature.}}
On May 21, 2009, the Nevada Legislature passed the Nevada Domestic Partnership Act 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.{{cite news|last=Vogel|first=Ed|title=Gibbons vetoes domestic partner bill|url=http://www.lvrj.com/news/46024712.html|accessdate=August 10, 2012|newspaper=Las Vegas Review Journal|date=May 25, 2009}} On May 30 and 31, both the Assembly and Senate overrode his veto.{{cite news|title=Nevada Lawmakers Reject Veto of Domestic Partnership Bill |url=http://www.foxnews.com/politics/2009/05/31/nevada-lawmakers-reject-veto-domestic-partnership/|archive-url=https://web.archive.org/web/20090602201725/http://www.foxnews.com/politics/2009/05/31/nevada-lawmakers-reject-veto-domestic-partnership/|url-status=dead|archive-date=June 2, 2009|accessdate=August 10, 2012|newspaper=Fox News|date=May 31, 2009}} 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.{{cite news|last=Friess|first=Steve|title=Nevada Partnership Bill Now Law|url=https://www.nytimes.com/2009/06/01/us/01nevada.html|accessdate=23 May 2013|newspaper=New York Times|date=June 1, 2009}} Whether other jurisdictions will recognize a Nevada domestic partnership is uncertain, as are some parental rights normally held by married couples.{{cite web|title=Domestic Partnerships in Nevada|url=http://www.aclunv.org/category/issue/lgbt/domestic-partnership-guide|work=LGBT Topics |date=5 March 2010 |publisher=ACLU of Nevada|accessdate=May 23, 2013}} Even in Arizona, the status of domestic partner can be misunderstood and is not always recognized as the equivalent of marriage.{{cite news|last=Vogel|first=Ed|title=Same-sex couple in Henderson upset with hospital's treatment |url=http://www.reviewjournal.com/life/family/same-sex-couple-henderson-upset-hospitals-treatment|accessdate=May 23, 2013 |newspaper=Las Vegas Review-Journal|date=August 19, 2012}}
On April 10, 2012, Lambda Legal filed a lawsuit, Sevcik v. Sandoval, in the 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.{{cite news|last=Geidner|first=Chris|title=Lambda Legal Files Federal Lawsuit Seeking Marriage Equality in Nevada|url=http://www.metroweekly.com/poliglot/2012/04/lambda-legal-files-federal-lawsuit-seeking-marriag.html|accessdate=10 August 2012|newspaper=Metro Weekly|date=10 April 2012|archive-url=https://web.archive.org/web/20121022103151/http://www.metroweekly.com/poliglot/2012/04/lambda-legal-files-federal-lawsuit-seeking-marriag.html|archive-date=22 October 2012|url-status=dead}}{{cite web|title=Court to Hear Lambda Legal's Nevada Marriage Case|url=http://lambdalegal.org/blog/court-to-hear-lambda-legal-nv-marriage-case|publisher=Lambda Legal|accessdate=10 August 2012}} 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.{{cite news|last=Johnson|first=Chris|title=Nev. federal court rules against same-sex marriage|url=http://www.washingtonblade.com/2012/11/29/nev-federal-court-rules-against-same-sex-marriage/|accessdate=November 30, 2012|newspaper=Washington Blade|date=November 29, 2012}} On October 7, 2014, the Ninth Circuit Court of Appeals struck down Question 2, explicitly reversing Judge Robert Jones' district court ruling, thus making same-sex marriages legal.{{cite web |url=http://equalityontrial.com/2014/10/07/breaking-ninth-circuit-strikes-idaho-nevada-sex-marriage-bans/ |title=BREAKING: Ninth Circuit strikes down Idaho, Nevada same-sex marriage bans |last=Thomaston |first=Scottie |date=October 7, 2014 |website=Equality on Trial |access-date=October 2, 2021}}
Since July 1, 2017, Nevada's marriage statute has incorporated gender-neutral language, thereby explicitly recognizing same-sex marriage in state law.{{cite web|url=http://mynews4.com/news/local/sandoval-signs-bill-codifying-right-to-same-sex-marriage-in-nevada|title=Sandoval signs bill codifying right to same-sex marriage in Nevada|date=26 May 2017|work=NBC My News 4|archiveurl=https://web.archive.org/web/20170528101819/http://mynews4.com/news/local/sandoval-signs-bill-codifying-right-to-same-sex-marriage-in-nevada|archivedate=28 May 2017}} On November 3, 2020, Nevada voters amended the Nevada Constitution to remove the 2002 language banning same-sex marriage. The measure, known as Question 2, was approved with 62% in favor.{{cite news|url=https://www.nytimes.com/interactive/2020/11/03/us/elections/results-nevada-question-2-allow-same-sex-marriage.html|title=Nevada Question 2 Election Results: Allow Same-Sex Marriage|work=The New York Times|date=3 November 2020 }}{{cite web |url=https://www.reviewjournal.com/news/politics-and-government/nevada/same-sex-marriage-bill-would-alter-nevada-constitution-language/ |title=Same-sex marriage bill would alter Nevada Constitution language |last=Chereb |first=Sandra |website=Las Vegas Review-Journal |date=21 February 2017 |access-date=October 2, 2021}}{{cite web|url=https://www.nnbusinessview.com/news/nevada-assembly-oks-marriage-equality-amendment/|title=Nevada Assembly OKs marriage equality amendment|publisher=Northern Nevada Business View|date=April 1, 2019|access-date=May 29, 2019|archive-date=April 2, 2019|archive-url=https://web.archive.org/web/20190402002840/https://www.nnbusinessview.com/news/nevada-assembly-oks-marriage-equality-amendment/|url-status=dead}}{{Cite web|url=https://www.nevadacurrent.com/blog/ballot-question-on-state-constitutions-same-sex-marriage-ban-coming-in-2020/|title=Ballot question on state constitution's same-sex marriage ban coming in 2020|last=Lyle|first=Michael|website=Nevada Current|language=en-US|access-date=2019-05-24}}{{Cite web|url=https://legiscan.com/NV/bill/AJR2A/2019|title=Nevada AJR2A {{!}} 2019 {{!}} 80th Legislature|website=LegiScan|language=en|access-date=2019-05-24}}
In December 2020, the Nevada Supreme Court concluded that the state must retroactively recognize same-sex marriages performed in other jurisdictions before the Sevcik decision in 2014.{{cite web|url=https://www.lgbtqnation.com/2021/01/nevada-retroactively-recognizes-sex-marriages-lesbian-divorce-case/|title=Nevada retroactively recognizes same-sex marriages in lesbian divorce case|work=LGBTQ Nation|date=January 7, 2021|last=Bollinger|first=Alex}}{{cite web|url=https://www.gaycitynews.com/nevada-supreme-court-retroactively-recognizes-pre-obergefell-marriages/|title=Nevada Supreme Court Retroactively Recognizes Pre-Obergefell Marriages|work=GayCityNews.com|date=January 6, 2021|last=Leonard|first=Arthur}}{{cite web|url=https://www.artleonardobservations.com/nevada-supreme-court-holds-obergefell-requires-retroactive-recognition-of-out-of-state-same-sex-marriages-but-not-civil-unions-for-community-property-purposes/|title=Nevada Supreme Court Holds Obergefell Requires Retroactive Recognition of Out-of-State Same-Sex Marriages (but Not Civil Unions) for Community Property Purposes|work=Art Leonard Observations|date=December 31, 2020}}
=Federal income tax=
The Internal Revenue Service ruled in 2013, based on the Supreme Court DOMA ruling, that same-sex individuals who have been married in any state where same-sex marriage is legal may file their federal returns as married filing jointly regardless of state of residency.
Discrimination protections and anti-bullying laws
During the 1999 legislative session, the Nevada Legislature added prohibition of discrimination based on a person's actual or perceived sexual orientation in public and private employment and public accommodations to state law. In the 2011 legislative session, Governor Brian Sandoval approved and signed into law three bills; A.B. 211, S.B. 331, and S.B. 368 which prohibit discrimination in areas of employment, housing and public accommodation on the basis of "gender identity or expression". S.B. 331 prohibits discrimination on the basis of sex in public accommodations, and S.B. 368 prohibits housing discrimination on the basis of sexual orientation. All three laws took effect on October 1, 2011.{{cite web|last=Vogelreview |first=Ed |url=http://www.lvrj.com/news/sandoval-signs-transgender-job-discrimination-bill-122529078.html |title=Sandoval signs transgender job discrimination bill |publisher=Lvrj.com |date=2011-05-24 |accessdate=2013-12-05}}{{cite web|last=Ryan |first=Cy |url=http://www.lasvegassun.com/news/2011/jun/02/bill-targeting-strip-arena-among-27-signed-governo/ |title=Bill targeting Strip arena among 27 signed by governor, 4 vetoed |publisher=Lasvegassun.com |date=2011-06-02 |accessdate=2013-12-05}}
In January 2014, the Ninth Circuit Court of Appeals ruled that it is illegal to discriminate against LGBTQ people in jury selections, holding that such dismissals "deprive individuals of the opportunity to participate in perfecting democracy and guarding our ideals of justice on account of a characteristic that has nothing to do with their fitness to serve".{{cite web|url=http://sfappeal.com/2014/01/court-in-sf-gay-people-cant-be-excluded-from-juries-just-because-theyre-gay/|title=Court in SF: Gay People Can't Be Excluded From Juries Just Because They're Gay|work=The San Francisco Appeal|date=January 21, 2014}}
In May 2015, an anti-bullying bill, SB 504, passed the Nevada Legislature.{{cite web |url=http://lasvegassun.com/news/2015/may/13/legislature-approves-anti-bullying-bill-backed-gov/ |title=Legislature approves anti-bullying bill backed by Sandoval |last=Snyder |first=Riley |date=May 13, 2015 |website=Las Vegas Sun |access-date=October 2, 2021}} Governor Brian Sandoval signed the bill into law days later.{{cite web |url=http://www.reviewjournal.com/news/nevada-legislature/nevada-gov-brian-sandoval-signs-anti-bullying-legislation |title=Nevada Gov. Brian Sandoval signs anti-bullying legislation |last=Chereb |first=Sandra |date=May 20, 2015 |website=Las Vegas Review-Journal |access-date=October 2, 2021}} The bill went into full effect on July 1, 2015.{{cite web |url=http://openstates.org/nv/bills/78/SB504/ |title=SB 504 |date=May 20, 2015 |website=Open: States |access-date=October 2, 2021}}{{cite web |url=http://openstates.org/nv/bills/78/AB112/ |title=AB 112 |date=May 25, 2015 |website=Open}} It explicitly includes "actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person" as protected grounds. The law directs the Department of Education to prescribe policies for schools to address bullying and cyberbullying, procedures for reporting and investigating, requirements for parent notification and provisions to train teachers and staff to properly address bullying.
In May 2017, the Nevada Legislature passed a bill adding sexual orientation and gender identity or expression throughout the rest of Nevada's statutes, alongside race, disability, creed, sex, religion, marital status, domestic partnership status, age, etc. The law went into effect on July 1, 2017.{{cite web |url=https://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?BillName=SB188 |title=SB 188 |date=May 18, 2017 |website=Nevada Legislature |access-date=October 2, 2021}}
In 2019, the Nevada Legislature passed SJR8A to add sexual orientation and gender identity to the equal protection clause of the Nevada Constitution.{{cite web|url=https://lasvegassun.com/news/2019/jun/08/nevada-lawmakers-will-let-voters-decide-on-amendin/|title=Nevada lawmakers will let voters decide on amending constitution over same-sex marriage|work=Las Vegas Sun|date=June 8, 2019}} As a constitutional amendment, the legislation required approval in the 2021 legislative session, which happened in March 2021. The measure Question 1 formally appeared on the ballot within November 2022, and was given 58% approval from voters - making Nevada the first US state in history to approve adding the words "sexual orientation and gender identity or expression" to its state-based Constitution.{{cite web | url=https://www.nevadacurrent.com/2022/11/10/with-question-1-nevada-passes-most-inclusive-states-equal-rights-amendment-in-nation/ | title=With Question 1, Nevada passes most inclusive states equal rights amendment in nation | date=10 November 2022 }}{{cite web|url=https://www.kolotv.com/2021/03/26/equal-rights-amendment-to-appear-on-2022-nevada-ballot/|title=Equal Rights Amendment to appear on 2022 Nevada Ballot|work=kolotv.com|date=March 26, 2021|last=Russell|first=Terri}}{{cite web|url=https://legiscan.com/NV/bill/SJR8A/2021|title=NV SJR8A|work=LegiScan}}
Hate crime law
Nevada law provides additional penalties for the commission of a crime because of certain actual or perceived characteristics of the victim. In 2001, Nevada amended its hate crime law to include sexual orientation, without addressing gender identity or expression.{{cite web |url=https://williamsinstitute.law.ucla.edu/wp-content/uploads/Nevada.pdf |title=Nevada - Sexual Orientation and Gender Identity Law and Documentation of Discrimination |date=September 2009 |publisher=The Williams Institute |access-date=October 2, 2021 |archive-url=https://web.archive.org/web/20181006154840/https://williamsinstitute.law.ucla.edu/wp-content/uploads/Nevada.pdf |archive-date=October 6, 2018}} In 2011, Senator David Parks introduced S.B. 180 to add "gender identity or expression" to Nevada's hate crime law. One Democrat, John Lee, voted with the Republicans and the bill failed.{{cite web |url=https://legiscan.com/NV/bill/SB180/2011 |title=NV SB180 - 2011 - 76th Legislature |date=March 25, 2011 |website=LegiScan |access-date=October 2, 2021}} In 2013, S.B. 139, which would add "gender identity or expression" to Nevada's hate crime law, was introduced by a bipartisan group and passed the Senate on a vote of 20–1. Senator Joe Hardy, the only vote against the legislation, later said that he should have voted in favor after talking with Senator Pat Spearman, the legislature's first out person of color, a pastor and military veteran.{{cite news|last=Ryan |first=Cy |title=Nevada Senate votes to cover transgender people under hate crimes statute |url=http://www.lasvegassun.com/news/2013/mar/21/nevada-senate-votes-cover-transgender-people-under/|accessdate=May 23, 2013|newspaper=Las Vegas Sun|date=March 21, 2013}} The legislation passed the Assembly on a vote of 30–11 on May 14.{{cite news|url=http://www.lgbtqnation.com/2013/05/nevada-assembly-passes-transgender-hate-crimes-bill/ |title=Nevada Assembly passes transgender hate crimes bill – LGBTQ Nation |publisher=Lgbtqnation.com |date=2011-04-12 |accessdate=2013-11-02}} Governor Brian Sandoval signed the legislation on May 21, 2013,{{cite news|last=Whaley|first=Sean |title=Sandoval signs transgender hate crime bill |url=http://www.reviewjournal.com/news/nevada-legislature/sandoval-signs-transgender-hate-crime-bill|accessdate=May 22, 2013 |newspaper=Las Vegas Review-Journal|date=May 21, 2013}} and the new law took effect on October 1, 2013.{{cite web|url=http://www.leg.state.nv.us/Session/77th2013/Reports/history.cfm?ID=370 |title=SB139 |publisher=Leg.state.nv.us |date= |accessdate=2013-11-02}}
In May 2023, Governor Joe Lombardo vetoed a bill (SB171) that passed the Nevada Legislature - to explicitly ban individuals with criminal records “convicted of hate crimes, intimidation, harassment and/or similar acts” from purchasing and possessing firearms, explosives, weapons and/or guns.[https://legiscan.com/NV/bill/SB171/2023 Nevada Senate Bill 171] legiscan.com
In January 2025, a hate crime reporting hotline was established within Nevada.[https://www.8newsnow.com/news/local-news/nevada-attorney-general-announces-hate-crime-reporting-hotline/]
Adoption and parenting
Same-sex relationships have not been a legal barrier to adoption or parenting in the state, though only since 2017 has state law reflected that same-sex couples have the same parental rights as heterosexual couples.
Lesbian couples are allowed to access assisted reproduction services, such as in vitro fertilisation.{{cite web |url=https://fertileweb.com/same-sex-couples/ |title=Same Sex Couples |website=Overlake Reproductive Health |date=14 February 2013 |access-date=October 2, 2021}} State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, irrespective of the marital status of the parents.{{cite web|url=http://www.lgbtmap.org/equality_maps/profile_state/NV|title=Nevada's equality profile|work=Movement Advancement Project}} In addition, Nevada permits and recognizes gestational surrogacy arrangements. The state treats same-sex couples and different-sex couples equally under the same terms and conditions. Traditional surrogacy contracts are illegal regardless of sex or sexual orientation.{{cite web |url=https://www.shouselaw.com/nevada/family/surrogacy-in-nevada |title=Nevada Laws on "Surrogacy / Gestational Agreements" |website=Las Vegas Defense Group |access-date=October 2, 2021}}
In June 2021, a bill (AB115) passed the Nevada Legislature and the Governor of Nevada signed it into law effective immediately - to legally recognise more than two parents on birth certificates by a court order, allowing for example a surrogate and both intended parents to be listed or a couple and an ex-partner (regardless of marital status). Similar laws were implemented within California in 2013.{{cite web|url=https://www.nevadacurrent.com/blog/legislation-would-allow-children-to-have-more-than-two-legal-parents/|title=Legislation would allow children to have more than two legal parents|work=Nevada Current|date=February 26, 2021|last=Gentry|first=Dana}}{{cite web |url=https://www.lgbtqnation.com/2021/02/3-members-gay-throuple-childrens-birth-certificates/ |title=All 3 Members of a Gay Throuple are on their Children's Birth Certificates |last=Bollinger |first=Alex |date=February 17, 2021 |website=LGBTQ Nation |access-date=October 2, 2021}}{{cite web |url=https://legiscan.com/NV/bill/AB115/2021 |title=NV AB115 - 2021 - 81st Legislature |date=June 14, 2021 |website=LegiScan |access-date=October 2, 2021}}
Gay panic defense
In May 2019, the Nevada Legislature passed a bill, by a vote of 36–3 in the Assembly and 19–2 in the Senate, to repeal the gay panic defense. On May 14, Governor Steve Sisolak signed the bill into law, and it went into effect on October 1, 2019.{{cite web|url=https://www.leg.state.nv.us/App/NELIS/REL/80th2019/Bill/6080/Overview|title=SB97|work=leg.state.nv.us|date=}} Nevada joined several other states in doing so, including California and Illinois.{{cite web|url=https://legiscan.com/NV/bill/SB97/2019|title=NV SB97|work=Legiscan}}{{cite web|url=https://www.gaystarnews.com/article/nevada-bans-gay-panic-defense/|title=Nevada moves towards banning 'gay panic' defense|work=Gay Star News|date=17 April 2019|last=Glauert|first=Rik|access-date=9 May 2019|archive-date=20 May 2019|archive-url=https://web.archive.org/web/20190520204143/https://www.gaystarnews.com/article/nevada-bans-gay-panic-defense/|url-status=dead}}
Conversion therapy
{{See also|List of U.S. jurisdictions banning conversion therapy}}
In April 2017, the Nevada Senate passed a bill to ban conversion therapy on minors, by a vote of 15 to 5.{{cite web |url=http://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?ID=481 |title=SB201 |date=February 22, 2017 |website=Nevada Legislature |access-date=October 2, 2021}}{{cite web |url=http://www.ktvn.com/story/35068634/lgbt-bills-pass-nevada-state-senate-assembly |title=LGBT Bills Pass Nevada State Senate, Assembly |last=Stockwell |first=Kellene |date=April 4, 2017 |website=2 News |access-date=October 2, 2021}} The bill was voted on by the Nevada Assembly on May 9, where it passed 31–8 with some amendments.{{cite web |url=https://www.reviewjournal.com/news/2017-legislature/conversion-therapy-bill-could-soon-head-to-nevada-governor/ |title=Conversion therapy bill could soon head to Nevada governor |last=Whaley |first=Sean |date=May 9, 2017 |website=Las Vegas Review-Journal |access-date=October 2, 2021}} The Nevada Senate concurred to the amended version on the same day. The bill was signed by Governor Brian Sandoval on May 17,{{cite web |url=https://www.reviewjournal.com/news/2017-legislature/sandovals-signature-makes-nevada-8th-state-to-ban-conversion-therapy/ |title=Sandoval's signature makes Nevada 8th state to ban conversion therapy |last=Chereb |first=Sandra |date=May 17, 2017 |website=Las Vegas Review Journal |access-date=October 2, 2021}}{{cite web |url=https://lasvegassun.com/news/2017/may/17/governor-signs-ban-on-conversion-therapy-for-minor/ |title=Governor signs ban on conversion therapy for minors |last=Gonzalez |first=Yvonne |date=May 17, 2017 |website=Las Vegas Sun |access-date=October 2, 2021}} and went into effect on January 1, 2018.
Transgender rights
{{see|Transgender rights in the United States}}
Since 2016, the Nevada Vital Records will issue a new birth certificate with a corrected gender marked upon receipt of two affidavits reflecting an individual's preferred gender.{{cite web|url=https://transequality.org/documents/state/nevada|title=Nevada Birth Certificate Laws|work=National Center for Transgender Equality|date=}} Sex reassignment surgery is not required to change gender on birth certificates.{{cite web |url=https://www.reviewjournal.com/local/local-nevada/state-eases-process-to-change-gender-classification-on-birth-certificate/ |title=State eases process to change gender classification on birth certificate |last=Usufzy |first=Pashtana |date=November 19, 2016 |website=Las Vegas Review-Journal |access-date=October 2, 2021}} Similar changes to driver's licenses and state IDs are also permitted. In May 2017, legislation unanimously passed the Nevada Legislature to abolish the 1988 requirement for transgender people to publish their names in newspapers before they can undergo legal changes of sex on government documents.{{cite web |url=http://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?ID=263 |title=SB110 |date=February 8, 2017 |website=Nevada Legislature |access-date=October 2, 2021}}
On June 22, 2017, Governor Brian Sandoval vetoed a bill that would have required insurance companies in Nevada to cover all sex reassignment surgery costs, among other things.{{cite web |url=http://www.recordcourier.com/news/governor-signs-law-that-prevents-transgender-health-discrimination/ |title=Governor vetoes law that prevents transgender health discrimination |date=June 22, 2017 |website=The Record-Courier |access-date=October 2, 2021 |archive-url=https://web.archive.org/web/20170624133407/http://www.recordcourier.com/news/governor-signs-law-that-prevents-transgender-health-discrimination/ |archive-date=June 24, 2017}}{{cite web |url=http://www.leg.state.nv.us/Session/79th2017/Reports/history.cfm?ID=905 |title=AB408 |date=May 19, 2017 |website=Nevada Legislature |access-date=October 2, 2021}} In March 2018, the state's Medicaid agency announced it would cover costs related to sex reassignment surgeries for transgender individuals. In addition, under state law, health insurance providers are banned from discriminating against transgender patients.{{cite web|url=https://www.modernhealthcare.com/article/20180301/NEWS/180309990/nevada-becomes-third-state-in-trump-era-to-cover-sex-reassignment-under-medicaid|title=Nevada becomes third state in Trump era to cover sex reassignment under Medicaid|work=Modern Healthcare|date=March 1, 2018|last=Dickson|first=Virgil}}
The Department of Motor Vehicles and the Office of Vital Records provide a "third gender" designation (known as "X") on driver's licenses, birth certificates and state ID cards.{{cite web|url=https://www.nbcnews.com/feature/nbc-out/gender-x-nevada-allow-nonbinary-people-self-identify-ids-n997051|title=Gender 'X': Nevada to allow nonbinary people to self-identify on IDs|website=NBC News|date=April 22, 2019}} No medical documentation is required.
In May 2023, the Governor of Nevada (who happens to be a former Sheriff) approved a bill that recently passed the Nevada Legislature which explicitly legally protects and shields transgender and/or intersex individuals as inmates within state-based Correctional facilities. Similar laws are implemented in California, Connecticut and Massachusetts.{{cite news| title=Lombardo signs law outlining rights for trans inmates in Nevada |work=Las Vegas Sun | date=2 June 2023 | url=https://lasvegassun.com/news/2023/jun/02/lombardo-signs-law-outlining-rights-for-trans-inma// | access-date=15 November 2023}}[https://legiscan.com/NV/bill/SB153/2023 Nevada Senate Bill 153] legiscan.com In the same month, the Nevada Legislature passed an "extensive and broadbased omnibus bill" (SB302) to - (1) protect and defend gender-affirming healthcare services within Nevada; (2) reform healthcare itself within Nevada; (3) protect and defend abortion within Nevada and (4) mandate compulsory sexual reassignment surgery coverage within Medicaid (state-based insurance) within Nevada. The Governor of Nevada vetoed the bill.[https://legiscan.com/NV/bill/SB302/2023 Nevada Senate Bill 302] legiscan.com
A bill requiring health insurers including Medicaid to cover all medically necessary gender-affirming treatments and prohibiting insurance companies from discriminating against transgender people on the basis of their gender identity was passed by the Nevada Legislature in June 2023.[https://legiscan.com/NV/bill/SB163/2023 Nevada Senate Bill 163] legiscan.com The bill was subsequently signed into law by the governor - effective from January 1, 2024.{{cite web|url=https://abcnews.go.com/US/wireStory/nevada-gop-governor-signs-transgender-health-bills-vetoing-100055416|title=Nevada GOP governor signs transgender health bills while vetoing another, bucking party trends|work=ABC News|date=June 14, 2023|last=Stern|first=Gabe}}
In June 2023, the Governor of Nevada signed a "compahensive budget bill" (despite going against his own party the GOP) for insurers of insurance companies mandating sexual reassignment surgery purposes - so state funding could be secured for a proposed stadium within Las Vegas. The Governor of Nevada has no "item line veto power".{{cite web | last=Sprayregen | first=Molly | title=GOP gov. defies party & signs bill mandating insurers cover gender-affirming care | website=LGBTQ Nation | date=14 June 2023 | url=https://www.lgbtqnation.com/2023/06/gop-gov-defies-party-signs-bill-mandating-insurers-cover-gender-affirming-care/ | access-date=15 November 2023}}
HIV laws
In May 2019, the Nevada Legislature passed a bill to establish a HIV taskforce in Nevada and other related HIV legal reforms. The legislation passed the Assembly by 37 votes to 3, and the Senate by 21 votes to 0. The Governor of Nevada signed the bill into law and it went into effect immediately.{{cite web|url=https://legiscan.com/NV/bill/SB284/2019|title=Nevada Senate Bill 284|work=LegiScan|date=}} In May 2021, the Nevada Legislature passed a bill (SB275) to repeal archaic bias HIV crimes from the Nevada Penal Code - that date back to 1983 during the HIV pandemic. The Governor of Nevada signed the bill into law effective immediately.{{cite web |url=https://thehill.com/changing-america/respect/equality/555996-among-national-flood-of-anti-trans-bills-nevada-lawmakers |title=Among National Flood of Anti-Trans Bills, Nevada Lawmakers Pass LGBTQ+ Affirming Legislation |last=Srikanth |first=Anagha |date=May 28, 2021 |website=Changing America |access-date=October 2, 2021}}{{cite web |url=https://legiscan.com/NV/bill/SB275/2021 |title=NV SB 275 - 2021 - 81st Legislature |date=June 11, 2021 |website=LegiScan |access-date=October 2, 2021}}{{cite web |url=https://silverstateequality.org/news/sb275-passes-leg/ |title=Nevada Legislature Passes Bill to Modernize State's HIV Laws |date=May 26, 2021 |website=Silver State Equality |access-date=October 2, 2021}}
COVID data collection
In August 2020, Nevada became the fourth jurisdiction in the US (after California, New York and Pennsylvania) to include sexual orientation and gender identity in its COVID-19 investigation module. Data collection will allow health officials to cross-reference different indicators to identify what groups are most at-risk of contracting the virus. Julia Peek, a deputy administrator at the State Public Health Department, said, "If I wanted to know how many people reported they were homeless, and also reported that they were transgender, you could make those two variables match", adding that the data will help officials make more informed decisions concerning direct resources and locate testing sites.{{cite web|url=https://apnews.com/5634b5b0e2005e02345546060d50cc9f|title=Nevada begins tracking pandemic's effect on LGBTQ community|work=Associated Press|date=August 6, 2020|location=Carson City|last=Metz|first=Sam}}
LGBT education curriculum bill
In May 2021, the Nevada Legislature passed a bill to implement LGBT education curriculum (e.g. LGBT history) within Nevada public schools. The Governor of Nevada signed the bill into law and goes into effect on July 1, 2022.{{cite web |url=https://www.gaytimes.co.uk/culture/nevada-will-start-teaching-lgbtq-history-in-school-curriculum/ |title=Nevada Will Start Teaching LGBTQ+ History in School Curriculum |last=Raza-Sheikh |first=Zoya |website=Gay Times |date=10 June 2021 |access-date=October 2, 2021}} Both California and Oregon next door have similar laws.
Public opinion
A July 2011 Public Policy Polling survey found that a plurality of voters in the state supported same-sex marriage. 45% of Nevada voters thought that same-sex marriage should be legal, while 44% thought it should be illegal and 11% were not sure. A separate question on the same survey found that 77% of Nevada voters supported the legal recognition of same-sex couples, with 39% supporting same-sex marriage, 38% supporting civil unions but not marriage, 22% favoring no legal recognition and 2% not sure.Public Policy Polling: [http://www.publicpolicypolling.com/pdf/PPP_Release_NV_0805.pdf "NV supports prostitution, gay marriage, but not online poker," August 5, 2011], accessed August 10, 2011
An August 2012 Public Policy Polling survey found that a plurality of voters in the state supported same-sex marriage. 47% of Nevada voters thought that same-sex marriage should be legal, while 42% thought it should be illegal and 11% were not sure. A separate question on the same survey found that 80% of Nevada voters supported the legal recognition of same-sex couples, with 40% supporting same-sex marriage, 40% supporting civil unions but not marriage, 17% favoring no legal recognition and 2% not sure.Public Policy Polling: [http://www.publicpolicypolling.com/pdf/2011/PPP_Release_NV_082812.pdf August 28, 2012], accessed August 30, 2012
A February 2013 poll found majority support for same-sex marriage among Nevada voters. The Retail Association of Nevada poll found that 54% were in favor of it, 43% were opposed, and 3% had no opinion on the matter.{{cite web|title=54% Support Repealing Ban On Marriage Equality In Nevada|url=http://www.gayapolis.com/news/artdisplay-issues.php?artid=21689|archive-url=https://web.archive.org/web/20130702083152/http://www.gayapolis.com/news/artdisplay-issues.php?artid=21689|url-status=usurped|archive-date=July 2, 2013|publisher=Gayapolis News|accessdate=2013-02-26}}
A September 2013 Retail Association of Nevada poll found that 57% of Nevada voters favored same-sex marriage, while 36% were opposed. 6% were unsure.{{cite web|title=Nevada Poll|url=http://www.rannv.org/documents/23/TOPLINEwithHISTORICDATA-NevadaVotersSept2013andFeb2013.pdf|publisher=RAN|accessdate=2014-01-04}}
A 2017 Public Religion Research Institute poll found that 70% of Nevada residents supported same-sex marriage, while 23% were opposed and 7% were unsure.{{cite web|url=http://ava.prri.org/#lgbt/2017/States/lgbt_ssm/m/US-NV|title=PRRI – American Values Atlas|first=Epicenter|last=Consulting|website=ava.prri.org}}
class="wikitable"
|+style="font-size:100%" | Public opinion for LGBTQ anti-discrimination laws in Nevada |
style="text-align:right;"
! style="width:190px;"| Poll source ! style="width:200px;"| Date(s) ! style="width:100px;"| Sample ! style="width:100px;"| Margin of ! style="width:100px;"| % support ! style="width:100px;"| % opposition ! style="width:40px;"| % no opinion |
[http://ava.prri.org/#lgbt/2019/States/lgbtdis/m/US-NV Public Religion Research Institute]
| align=center| [http://ava.prri.org/methodology-2019 January 2-December 30, 2019] | align=center| 463 | align=center| ? | {{party shading/Democratic}} align=center| 69% | align=center| 23% | align=center| 8% |
[http://ava.prri.org/#lgbt/2018/States/lgbtdis/m/US-NV Public Religion Research Institute]
| align=center| [http://ava.prri.org/methodology-2018 January 3-December 30, 2018] | align=center| 472 | align=center| ? | {{party shading/Democratic}} align=center| 68% | align=center| 26% | align=center| 6% |
[http://ava.prri.org/#lgbt/2017/States/lgbtdis/m/US-NV Public Religion Research Institute]
| align=center| [http://ava.prri.org/methodology-2017 April 5-December 23, 2017] | align=center| 832 | align=center| ? | {{party shading/Democratic}} align=center| 73% | align=center| 21% | align=center| 6% |
[http://ava.prri.org/#lgbt/2015/States/lgbtdis/m/US-NV Public Religion Research Institute]
| align=center| [http://ava.prri.org/methodology-2015 April 29, 2015-January 7, 2016] | align=center| 690 | align=center| ? | {{party shading/Democratic}} align=center| 74% | align=center| 21% | align=center| 5% |
Summary table
class="wikitable" |
Same-sex sexual activity legal
| Image:Yes check.svg (Since 1993) |
Equal age of consent (16)
| Image:Yes check.svg (Since 2013) |
Anti-discrimination laws in all areas (including within the Nevada Constitution since 2022 - the first US state to do this){{cite web | url=https://ballotpedia.org/Nevada_Question_1,_Equality_of_Rights_Amendment_(2022) | title=Nevada Question 1, Equality of Rights Amendment (2022) }}
| Image:Yes check.svg (Since 1999 for sexual orientation in employment; since 2011 for both sexual orientation and gender identity or expression in all other areas) |
Same-sex marriages
| Image:Yes check.svg (Since 2014; codified in state statues in 2017 and constitutionally in 2020) |
Recognition of same-sex couples (e.g. domestic partnership)
| Image:Yes check.svg (Since 2009) |
Insurance covering sexual reassignment surgery within state-based healthcare
| Image:Yes check.svg (Since 2024)[https://abcnews.go.com/Health/wireStory/nevada-gop-governor-signs-transgender-health-bills-vetoing-103278155 Nevada GOP Governor signs transgender health bills vetoing] abcnews.go.com {{dead link|date=November 2023}} |
Joint and step-child adoption by same-sex couples recognised
| Image:Yes check.svg (Since 2014) |
Lesbians, gays and bisexuals allowed to serve openly in the military
| Image:Yes check.svg (Since 2011) |
Transgender people allowed to serve openly in the military
| File:Yes check.svg (Since 2021){{cite web|url=https://apnews.com/article/biden-reverse-ban-transgender-military-f0ace4f9866e0ca0df021eba75b3af20|title=Biden reverses Trump ban on transgender people in military|work=Associated Press|date=January 25, 2021|last1=Baldor|first1=Lolita|last2=Miller|first2=Zeke}} |
Intersex people allowed to serve openly in the military
| Image:X mark.svg (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military){{cite web|url=https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html|title=Medical Conditions That Can Keep You From Joining the Military|work=Military.com|date=10 May 2021}} |
Gay and trans panic defense banned
| File:Yes check.svg (Since 2019) |
Conversion therapy banned on minors
| Image:Yes check.svg (Since 2018) |
IVF access for lesbian couples |
Third gender option
| File:Yes check.svg (Since 2019) |
Right to change legal gender |
MSMs allowed to donate blood
| Image:Yes check.svg (Since 2023, on the condition of being monogamous) |
See also
Notes
{{Notelist}}
References
{{Reflist}}
{{LGBT rights in the United States}}
{{Nevada}}
{{DEFAULTSORT:LGBT rights in Nevada}}