Nevada LGBT Laws

Consensual sex between same sex couples is lawful at age eighteen (18) years [L1.3], whereas consensual sex between opposite sex couples is lawful at age sixteen (16) years [L1.1].

Nevada Revised Statutes (NRS) 129.010 Age of Majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age [L1.3].

NRS 201.195 Solicitation of minor to engage in acts constituting crime against nature; penalties [L1.2].

1. A person who incites, entices or solicits a minor to engage in acts which constitute the infamous crime against nature:

(a) If the minor actually engaged in such acts as a result and:

(1) The minor was less than 14 years of age, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served.

(2) The minor was 14 years of age or older, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.

(b) If the minor did not engage in such acts:

(1) For the first offense, is guilty of a gross misdemeanor.

(2) For any subsequent offense, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served.

2. As used in this section, the “infamous crime against nature” means anal intercourse, cunnilingus or fellatio between natural persons of the same sex. Any sexual penetration, however slight, is sufficient to complete the infamous crime against nature.

Title 15 – Crimes and Punishments. Chapter 200 – Crimes Against the Person [L1.1]

Sexual Assault and Seduction

Nevada Revised Statutes 200.364 Definitions

5. “Statutory sexual seduction” means:

(a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or

(b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

6. “Victim” means a person who is a victim of a sexual offense or an offense involving a pupil.

NRS 200.368 Statutory sexual seduction: Penalties. Except under circumstances where a greater penalty is provided in NRS 201.540, a person who commits statutory sexual seduction shall be punished:

1. If the person is 21 years of age or older, for a category C felony as provided in NRS 193.130.

2. If the person is under the age of 21 years, for a gross misdemeanor.

On 02 April 2013, the American Civil Liberties Union of Nevada and the National ACLU Lesbian, Gay, Bisexual, Transgender and AIDS Project, filed a lawsuit challenging Nevada’s discriminatory “infamous crime against nature” statute carrying a possible five-year prison sentence [C2.2], [R2.1].

On 03 October 2013, in a unanimous decision, the Nevada Supreme Court ruled that a child can have two mothers and that a co-parenting agreement made by two women before the birth of their child conceived through anonymous donor insemination, with one woman providing the egg and the other being the gestational mother, can be enforceable [C1.2], [R1.1].

On 22 June 2017, the Nevada Supreme Court awarded paternity rights and joint custody to 53-year-old Robert Boynes who in 2012, with his then-boyfriend Ken Nguyen, adopted a son from Catholic Charities of Southern Nevada that did not permit joint adoptions by same-sex couples. Nguyen’s name was the only name listed on the birth certificate. The ruling marks the first time in state history that the high court applied the adoption statute in a case involving parenting rights of same-sex couples [C1.2], [R1.1].

On 18 August 2009, Secretary of State Ross Miller announced that couples who register between August 24 and September 24 will be recognized as legal domestic partners beginning October 1 [R1.4].

In May 2009, the legislature voted to override the gubernatorial veto of a bill that establishes domestic partnerships for same-sex and opposite-sex couples. The law, which grants domestic partners many of the same legal rights and responsibilities as married couples, will take effect on 01 October [R1.3].

In May 2009, Governor Jim Gibbons pledged to veto a bill passed by the legislature that would give same-sex domestic partners many of the same rights as married heterosexual couples [R1.2].

In June 2003, Nevada legislators unanimously passed a law that extended hospital visitation rights to partners of gays and other unmarried people [R1.1].

Under the law, any Nevada adult can designate who can visit them in a medical facility regardless of legal family status. The law also permits individuals to decide who can take possession and decide the fate of their remains, putting the designee ahead of any blood relatives [R1.1].

On 24 May 2011, the Governor signed AB 211 into law. With effect from 01 October businesses with more than 15 employees cannot discriminate against people based on their gender identity or expression and people cannot be refused work or fired simply because they are transgender [R1.3].

On 18 April 2011, the state Assembly voted 29–13 for Assembly Bill 211, which would prevent discriminating against people based on their gender identity or expression. The bill now goes to the Senate [R1.2].

In 1999, Nevada state law prohibited discrimination on the basis of sexual orientation in public and private employment [R1.1].

In September 2002, the 9th Circuit full Court of Appeals ruled 7–4 that discrimination suffered by Medina Rene, even if motivated by sexual orientation bias, constituted gender stereotyping and is therefore illegal under Title VII of the 1964 Civil Rights Act [C2.4], [R2.2].

Five judges in the majority said that regardless of motivating factors a person was protected by the anti-harassment guidelines set forward in Title VII; two said the particular case fell under the purview of gender stereotyping, which was ruled unconstitutional by the Supreme Court in the landmark 1989 case Price Waterhouse v. Hopkins [C2.3] [R2.2].

Previously

On 29 March 2000, a three-judge panel of the 9th U.S. Circuit Court of Appeals held in a 2–1 decision that a gay man in Nevada could not pursue a sexual discrimination claim against an employer because federal civil rights law does not protect individuals from discrimination based on their sexual orientation under Title VII of the 1964 Civil Rights Act [R2.1].

On 14 May 2019, Senate Bill 97 was signed into law by the Governor. The Bill bans people from using a person’s sexual orientation or gender identity as a defense for committing a violent crime against them [R1.6].

On 11 April 2017, Governor Brian Sandoval was reported to have signed Assembly Bill 99 into law mandating foster care facilities and juvenile courts treat transgender children as their identifying gender. It also establishes training for state employees and foster parents on working with foster kids who are lesbian, gay, bisexual or questioning their sexuality [R1.5].

On 24 May 2011, the Governor signed AB 211 into law. With effect from 01 October businesses with more than 15 employees cannot discriminate against people based on their gender identity or expression and people cannot be refused work or fired simply because they are transgender [R1.4].

Previously:

On 17 May 2011, AB211 passed and if signed by the Governor Brian Sandova, will prohibit discriminatory employment practices based upon gender identity or expression [R1.3].

In September 2010, Democrat Paul Aizley said he’ll revive a 2009 effort to protect transgender residents from employment discrimination based on “gender identity” or “gender expression” during the 2011 legislative session which begins in March [R1.2].

On 23 September 2015, it was reported that the Elko County School District board unanimously denied the request of f2m transgender Michelle Gonzalez, to use the restrooms and locker room with which he identifies. The ACLU has taken up the issue [R1.1].

On 14 May 2019, Senate Bill 97 was signed into law by the Governor. The Bill bans people from using a person’s sexual orientation or gender identity as a defense for committing a violent crime against them [R1.5].

On 21 May 2013, Governor Brian Sandoval signed Senate Bill 139 into law. The new law adds a person’s “gender identity or expression” to the list of motivating factors interpreted as a hate crime. Defendants face up to an additional 20 years in prison for the motivation [R1.4].

On 14 May 2013, the Assembly passed SB 139 that would add “gender identity or expression” to the list of motivations deemed to be hate crimes on a 30-11 vote, with only Republicans opposed. The bill already cleared the Senate and now heads to Republican Gov. Brian Sandoval [R1.3].

On 21 March 2013, the Senate passed Bill SB139 in a 20–1 vote. The Bill now goes to the Assembly. If passed into law it would add “gender identity or expression” to the State hate crime statute. “gender identity or expression” is defined as “the gender-related identity, appearance, expression or behavior of a person, regardless of a person’s assigned sex at birth” [R1.2].

In 1989, hate crimes based on sexual orientation became considered an aggravating circumstance [R1.1].

On 17 May 2017, Governor Brian Sandoval (R) reportedly signed legislation making it unlawful for licensed therapists in Nevada to attempt to convince children that identify as being gay to be heterosexual, a practice commonly referred to as ”conversion therapy”. The Act is effective immediately for regulatory and preparatory purposes and on 01 January 2018 for all other purposes [L1.3], [R1.2].

On 19 August 2012, it was reported that Brittney Leon and Terri-Ann Simonelli were reportedly incorrectly told at the Las Vegas Spring Valley Hospital admissions that even though they had a legal domestic partnership, they would need a medical power of attorney for one gay partner to make decisions in the event of a crisis [R1.1].

As at September 2001, Nevada law stated that it is unlawful to knowingly and willingly engage in conduct that is intended or likely to transmit HIV to another person. The disease does not have to be actually transmitted. The crime is punishable by two to 10 years in prison [R1.2].

In March 2010, the Nevada Taxicab Authority, the state agency charged with monitoring cabs on the roadways, reportedly promulgated a policy that lists gay people among high risks for transmitting disease to agency employees and the public, along with drug users and prostitutes [R1.1].

On 16 June 1993, Governor Bob Miller signed Senate Bill 466 that decriminalized “Infamous Crime Against Nature” in a person’s private residence effectively removing the sodomy law [R1.1]

On 26 May 2017, Governor Brian Sandoval signed Assembly Bill AB229 into law reflecting the US Supreme Court’s 2015 decision and authorizing the marriage of two people, regardless of gender. The Bill also gives same-sex couples the same parental rights as couples consisting of a man and a woman [R1.8].

On 09 March 2017, the Assembly approved 27-14 a resolution to amend the Nevada Constitution to recognize same-sex marriages. The measure now goes to the Senate and if approved must then be passed by the 2019 Legislature and ratified by the voters [R1.7].

On 05 November 2002, voters approved an anti-gay marriage measure on the ballot that amended the Nevada Constitution to say that “only marriages between a male and female should be recognized and given effect in this state” [R1.6].

On 23 May 2013, the Assembly approved a pro-equality constitutional amendment by a vote of 27-14. Both houses will vote on it again in the 2015 legislative session, and if they approve it in exactly the same form, it will go before voters in 2016 [R1.5].

On 22 April 2013, the Senate voted 12-9 approving Senate Joint Resolution 13 (SJR13) to repeal the statewide constitutional amendment that currently bars same-sex couples from marrying. The Assembly would have to vote on the measure. It would then have to be approved by both houses again in 2015, and then voters would make the final decision in 2016 by ballot [R1.4].

On 19 April 2013, the Senate voted 11–10 to amend Senate Joint Resolution 13 (SJR13) by adding a statement that “Religious organizations and clergy have the right to refuse to solemnize a marriage and no person has the right to make any claim against a religious organization or clergy for such a refusal” [R1.3].

On 11 April 2013, the Senate Legislative Operations and Elections Committee passed Senate Joint Resolution 13 repealing the state’s heterosexual-only defintion of marriage along a party-line of 3–2. The bill now heads to the Senate floor for a full vote.

Because SJR13 would amend the state constitution, the legislature must pass the bill in two consecutive legislative sessions, without gubernatorial approval. If the legislation passes both chambers in 2012 and during the next session in 2015, then the amendment will be put before voters in 2016. At that point, the amendment just needs a simple majority of support from Nevada voters to become law [R1.2].

As at October 2002, Nevada law provided that same-sex couples could not be married in the state. However, under then current rules, the state was forced to recognize the same-sex marriage of a couple that moved from a state where such a union is lawful [R1.1].

On 09 January 2015. the three-judge panel of the US Court of Appeals for the Ninth Circuit for the Ninth Circuit voted to deny the petitions for rehearing en banc the Susan Latta, et al., v. C. L Otter, et al. (Idaho) and the Beverely Sevcik, et al., v. Brian Sandoval (Nevada) same-sex marriage cases, suggesting that lower courts are still bound by the Supreme Court’s one-line decision in 1972 in the case of Baker v. Nelson that essentially confirmed that the Constitution commits questions of marriage policy to the citizens of each state [C2.17], [R2.16].

On 07 October 2014, the US Court of Appeals for the Ninth Circuit struck down same-sex marriage bans in Idaho and Nevada, finding that the laws at issue violate the Equal Protection Clause of the Fourteenth Amendment [C2.15], [R2.14].

On 30 June 2014, it was reported that the Ninth Circuit Court of Appeals set 08 September 2014 for hearing the challenges to same-sex marriage bans in Hawaii, Idaho and Nevada [C2.13], [R2.12].

On 08 September 2014, the Ninth Circuit Court of Appeaals will hear the appeal in Sevcik v. Sandoval [C2.11].

On 23 May 2014, the Ninth Circuit Court of Appeals set the Sevcik v. Sandoval case down for argument in September 2014 [C2.10].

On 18 October 2013, Lambda Legal filed its opening brief with the Ninth Circuit Court of Appeals in a case on behalf of eight same-gender couples challenging the amendment to Nevada’s constitution and other state laws banning marriage for gay and lesbian couples [R2.9].

On 05 December 2012, the Idaho-based Coalition for the Protection of Marriage asked the nation’s highest court to reach down and bypass an expected appeal by the Lambda Legal Defense and Education Fund to the 9th U.S. Circuit Court of Appeals in San Francisco [R2.8].

On 29 November 2012, Federal Judge Robert C Jones ruled in Sevcik v. Sandoval that limiting marriage to one man and one woman is a “legitimate state interest” because otherwise, “a meaningful percentage of heterosexual persons” might not want to get married, adding that laws classifying people based on sexual orientation should not be subjected to heightened scrutiny [C2.7], [R2.6].

On 18 September 2012, US District Chief Judge Robert Jones vacated oral argument in Sevcik v. Sandoval set for 26 November 2012. The court will issue a written order on the pleadings [C2.5], [R2.4].

On 10 August 2012, US District Chief Judge Robert Jones set 26 November 2012 as the date of hearing in Sevcik v. Sandoval [R2.3].

On 10 April 2012, the first direct claim (Sevcik v. Sandoval) in a federal court seeking state marriage equality was filed in the Nevada US District Court alleging the 2002 constitutional amendment prohibiting same-sex marriage violates the Equal Protection Clause of the US Constitution [C2.2], [R2.1].

On 11 April 2017, Governor Brian Sandoval was reported to have signed Assembly Bill 99 into law mandating foster care facilities and juvenile courts treat transgender children as their identifying gender. It also establishes training for state employees and foster parents on working with foster kids who are lesbian, gay, bisexual or questioning their sexuality [R1.3].

On 31 July 2014, deputy administrator of Division of Child and Family Services Jill Marano announced that the DCFS had revised its regulations for prospective foster parents, removing a requirement that stated foster parents are to be free of certain communicable diseases including HIV and substituting “each foster parent must be in sufficiently good physical and mental health, and be physically and emotionally capable, to provide the necessary care to children” [R1.2].

In November 2008, Nevada reportedly had policies prohibiting sexual orientation discrimination in the adoption process [R1.1].

On 22 June 2017, the Nevada Supreme Court awarded paternity rights and joint custody to 53-year-old Robert Boynes who in 2012, with his then-boyfriend Ken Nguyen, adopted a son from Catholic Charities of Southern Nevada that did not permit joint adoptions by same-sex couples. Nguyen’s name was the only name listed on the birth certificate. The ruling marks the first time in state history that the high court applied the adoption statute in a case involving parenting rights of same-sex couples [C1.4], [R1.3].

On 03 October 2013, in a unanimous decision, the Nevada Supreme Court ruled that a child can have two mothers and that a co-parenting agreement made by two women before the birth of their child conceived through anonymous donor insemination, with one woman providing the egg and the other being the gestational mother, can be enforceable [C2.2], [R2.1].

On 13 May 2015, the Assembly members voted 36-6 to approve SB 504. The measure, which includes protections based on sexual orientation and gender identity, now heads to Governor Sandoval’s desk for final approval [R1.1].

In August 2002, a gay student who sued high school administrators for failing to stop anti-gay harassment signed a settlement agreement that ended the lawsuit and offered broad new protections that will impact gay and lesbian students nationwide [C2.2] [R2.1].

The agreement is the first in the country to recognize the constitutional right of gay and lesbian youth to be open about their sexual orientation in schools and to be protected from discrimination and harassment by other students.