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Senate OKs two of three transgender rights bills
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CARSON CITY -- The state Senate on Monday approved two of three bills aimed at protecting the rights of transgender people in Nevada.
Senate Bills 368 and 331, which would outlaw transgender discrimination in housing and public accommodations, were approved on votes of 13-8 and 11-10. Senate Bill 180, which would make it a hate crime to attack someone based on gender identity or expression, failed 10-11, with Sen. John Lee, D-North Las Vegas, joining 10 Republicans in opposition.
"I view this bill as not being about creating special rights," said Senate Majority Leader Steven Horsford, D-Las Vegas, during the debate on the three bills. "It is about explicitly extending equal protection of law to those who are often the target of discrimination."
The Senate postponed a decision on Senate Bill 140, which would prohibit using cellphones and other handheld electronic devices while driving.
After questions on the floor bill sponsor Sen. Shirley Breeden, D-Henderson, asked for more time to clarify how the bill would affect the use of global positioning systems and other devices.
SB140 and other nonbudget bills have until today for "first house" passage, meaning the bills need to be out of the chamber in which they originated or they are considered dead.
Activists in favor of the transgender bills said although they were disappointed in the failure of SB180, which had support from Republican Gov. Brian Sandoval, they were happy the Senate pressed forward with the other measures.
"It is a big, big victory for the community," said Jan Gilbert, a lobbyist for the Progressive Leadership Alliance of Nevada.
The bills now go to the Assembly, which recently voted 29-13 in favor of Assembly Bill 211, which would outlaw employment discrimination against transgender people.
The Assembly also voted on a number of bills in advance of the looming deadline:
■ Voted 41-1 for a bill that strips mining companies from using the power of eminent domain to acquire private property to use to develop mines. Only Assemblyman John Ellison, R-Elko, voted against Senate Bill 86. The bill already has been approved by the Senate and now goes to the governor for his signature or veto.
■ Approved AB59, which allows $500 fines to be levied by the attorney general's office against public officials who willfully violate the open meeting law. The public bodies also must announce at their next meeting that they have been found to have violated the open meeting law. Members voted 32-10. All the no votes were cast by Republicans, although Minority Leader Pete Goicoechea, R-Eureka, and Assemblyman Mark Sherwood, R-Henderson, voted for the bill.
■ Approved AB433, which prevents local governments from taking adverse actions against employees who run for public office. Members voted 26-16 along party lines.
■ Killed AB299, which would have created a lower cost auto insurance program for low income people. The bill received a 26-16 vote for approval, but needs a two-thirds majority to pass. Assembly Majority Leader Marcus Conklin, D-Las Vegas, who voted with the Republicans, called for the Assembly to reconsider it today.
■ Unanimously approved AB6, which allows victims of sexual trafficking to petition judges to have their criminal offense vacated. During a hearing, Assemblyman John Hambrick, R-Las Vegas, said young boys and girls often are treated like slaves by pimps and forced to have sex 12 to 15 times a night with strangers. Once they are free of the traffickers, Hambrick said, they often cannot get straight jobs because of their criminal records. This bill will allow them to start their lives anew, Hambrick said Monday.
■ Unanimously backed AB37, which allows state offices to be open at times other than 8 a.m. to 5 p.m. Monday through Friday. The offices might be open on Saturdays and other hours, as is the case in some Department of Motor Vehicles offices, as long as they remain open at least 40 hours per week.
■ Approved AB346, introduced by Assemblyman James Ohrenschall, D-Las Vegas, which would give governments 12 months from the time they approve a resolution to build a project to begin formal eminent domain proceedings or face legal action from property owners.
Contact reporter Benjamin Spillman at bspillmanm@reviewjournal.com or 702-477-3861. Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.
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@HDSTMF - It's because there are so many white, straight, male, conservative, educated taxpayers that groups like this need laws in order to protect them from whatever second-class citizen treatment you feel entitled to inflict on those who are different than you. The day you are outnumbered by gay, transgendered or (GASP!) Latino groups is when you'll need a law...because payback is a B.
What's next, passing a law to mandate teaching "politically correct" lessons about Trannies? Don't laugh. Some homosexual legislator in Caliornia (where else?) has introduced a bill REQUIRING children to be indoctrinated with Positive Lessons concerning homosexuals. I am NOT making this up!
Sigh. One less minority group that I can bully.
I write to thank the Democratic leadership in the Senate, in particular Majority Leader Horsford, the primary sponsors of SB331 and SB368, Sens. Leslie and Parks, and the two Republicans who voted to end discrimination against citizens of Nevada, Minority Leader McGinness and Sen. Kieckhefer, for their support of justice and dignity for transgender Nevadans.
I also would submit to those who are posting that there are laws making discrimination against transgender persons illegal that 60% of persons in the US live in areas in which there are no statutory protections for transgender persons (even in areas of basic human rights such as employment, housing, and public accommodations), and that case law rulings have been decided almost unanimously to exclude transgender persons from protection in otherwise settled areas of law such as sex discrimination.
There are many places to find such information easily and authoritatively online. Just google "transgender legal protections." Or check out the ACLU (for those libertarians among you), or the National Gay and Lesbian Task Force (if you like a little g&l with your legalese), or the Sylvia Rivera Law Project (if honest history is important to you).
Any way you slice it, these laws are basic protections for persons who experience more than their fair share of harm and who have endured without any legal protections ever anywhere in our great state of Nevada.
Really, thank you for waisting my tax money on useless laws that will do nothing in reality. This law is unfair. I have to wait in line to use the can like everyone else but because they are confused because daddy loved them a little too much they can use what ever can they want? That is really all the laws did. You can't prove that I didn't rent you my house because you discust me, and are an abomination. That is all folks, thanks for reading my rant.
@JoeC, if you think 60% of the general population has suffered violent physical attacks, then you are so far divorced from reality that there's no helping you. You're inventing a bizarre mistruth and trying to use it to justify your own refusal to recognize the violence against TG people. TG men and women are the object of far greater violence than the general population.
@ Sharron.Angle,, I don’t believe anyone should be physically attacked, especially those more vulnerable but if we really did an accurate study on all people. I don’t believe anyone escapes being attacked for one reason or another no matter your race, gender etc. If we did a general study including every race, religion, ethnicity, gender; I think we would find the 60% of our population has suffered a violent attack for one reason or another, unfortunately common, even for white men and a percentage of attacks on whites racially motivated. The hate laws or extra protection really does zero in stopping discrimination but it will make many more lawyers richer. I personally believe we need a more targeted law that helps prevent gangs from intimidating other youth into the gang lifestyle. Along with stiffer penalties for being a gang member and certainly targeting prison gangs more harshly. If one thing permeates more hate intimidation and intolerance, it would be gangs and this would include hatred along racial lines and anything different like transgender. We have a world full of different opinions and ideologies and not one law can transform the hate inside a persons mind into anything different. I actually think hate laws hurt the very issue they try to protect.
I'm an American born white adult straight male conservative patriot christian educated taxpayer with no criminal record. I DEMAND a special law protecting me from discrimination from stupid pandering liberal politicians.
I want to thank the Nevada State Senate for doing the right thing and voting to end discrimination in Nevada. Particularly important were Sen. Lee's vote on SB331 (public accommodations) and Sens. McGinness and Kieckhefer on SB368 (housing). We all win when we come together in support of dignity and justice for all.
For those who don't know, discrimination against transgender Americans in basic civil rights (employment, public accommodations, housing) remains legal in over 60% of our nation. There are no federal protections in statute, and almost all case law is opposed to the inclusion of transgender persons. And the consequences of discrimination are often brutal, even deadly (google "Remembering Our Dead" by Gwen Smith).
Any of this information is easily available from reputable sources online. Among other places, check out ACLU (for you civil libertarians) or the National Gay and Lesbian Task Force (if you prefer a gl perspective) or the Sylvia Rivera Law Project (when a clear understanding of history matters).