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Nevada’s state Assembly taking action on pro-LGBT bills

ENDA Marriage equality Marriage Equality Trials Right-wing Sevcik v Sandoval

By Scottie Thomaston

Nevada legislature
Nevada legislature

The state of Nevada is moving forward on pro-LGBT legislation. This week the state Assembly added gender identity and expression to its existing hate crimes legislation. The state’s Republican governor Brian Sandoval is expected to sign the bill:

Similar legislation passed in the state assembly during the last legislative session in 2011, only failing in the Senate. During that session, the legislature passed transgender inclusive non-discrimination legislation in housing, public accommodations and employment. Republican Governor Brian Sandoval signed all three pieces of legislation during the first year of his first term and is expected to sign this bill as well.

The bill passed overwhelmingly, with only one senator voting no last month, and a large number of House members voting for it this week:

The Assembly passed the measure on a 30-11 vote with only Republicans opposed. The bill already cleared the Senate and now heads to Republican Gov. Brian Sandoval.

“This does afford victims special rights,” said Assemblyman Andrew Martin, D-Las Vegas, who is openly gay. “This is a statement of what our society is, and that we will not tolerate the systematic targeting of individuals who are historically disadvantaged groups.”

Sandoval spokeswoman Mary-Sarah Kinner told The Associated Press Tuesday that the governor supports the legislation.

The bill, SB139, would add “gender identity or expression” to the list of motivations deemed to be hate crimes under state law. Supporters outlined in graphic detail several instances of the violent nature of crimes motivated by hate, saying the added protection would help deter more violent crimes.

As EqualityOnTrial recently reported, the state is also moving forward on marriage equality, albeit at a much slower pace. A constitutional amendment to replace the anti-gay marriage amendment would eventually be placed on the ballot in 2016, after it passes this legislative session and then gets through the Assembly again in 2015. With three weeks left in the session, the bill should pass quickly.

Activists in the state have been pursuing marriage equality there for years. The state’s domestic partnership law treats same-sex couples almost exactly the same as opposite-sex married couples, but same-sex couples are denied the title of marriage. That regime is seen as irrational, and it’s being challenged in federal court by Lambda Legal in Sevcik v. Sandoval, who believes the exclusion of same-sex couples from marriage denies them equal protection of the laws. That case is on hold, though, pending the Supreme Court decisions in Hollingsworth v. Perry and United States v. Windsor. The district court had ruled against the plaintiffs, same-sex couples, and the case is on appeal to the Ninth Circuit Court of Appeals. But the Coalition for the Protection of Marriage, the proponents of the ballot initiative that amended the state constitution to ban same-sex marriage, petitioned the Supreme Court to review the case before judgment at the appeals court. The plaintiffs oppose review at this stage. The Court hasn’t taken action on their petition and no other action is expected until the Court’s other rulings. The Sevcik case is expected to be heard on a parallel track with Hawaii’s marriage equality case, Jackson v. Abercrombie. The Ninth Circuit, which struck down Prop 8, seems like a more favorable court, so they may be inclined to strike down Nevada’s ban as well when it reaches them.

A recent poll showed majority support for the amendment to overturn the marriage equality far ahead of the 2016 election. Whether the courts strike the ban or voters invalidate it in 2016, things are progressing in Nevada.

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