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FACT BRIEF

Is Nevada the first state to include enumerated protections for sexual orientation and gender identity in its constitution?

By Todd Butterworth
View this fact brief on The Nevada Independent
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YES

In passing ballot Question 1 during the 2022 election, Nevada became the 21st state granting equality based on a person’s sex in its state constitution, but the first state to give such protections based on sexual orientation, gender identity or gender expression. Six additional states provide limited gender equality protections, according to the Brennan Center.

Congress passed a federal version of the equal rights amendment in 1972, but the required number of states did not ratify it in the allotted time frame. Nevada ratified it in 2017, mainly as a symbolic gesture.

The Nevada Legislature then passed a separate, expansive equal rights amendment to the state constitution in 2019 and 2021, sending it to a vote of the people in 2022. Question 1 was approved by 58% of voters, giving Nevada the nation’s most comprehensive list of constitutionally-protected groups. 

See a full discussion of this at The Nevada Independent
This fact brief is responsive to conversations such as this one.
Sources
Ballotpedia Nevada Question 1, Equality of Rights Amendment (2022)
Brennan Center for Justice The Equal Rights Amendment Explained
Brennan Center for Justice State-Level Equal Rights Amendments
ABOUT THE CONTRIBUTOR
The Nevada Independent
The Nevada Independent is a nonpartisan, nonprofit news and opinion website founded in 2017 by veteran political journalist and commentator Jon Ralston. The site and its supporting channels are focused on ethical, unbiased and transparent journalism. In general, we aim to gather and disseminate important public information and increase civic engagement. We are supported by corporate donations, memberships, event ticket sales and sponsorships and foundation grants. We disclose all our members and donors. Donors have no influence over our content, ever. The Nevada Independent is the dba for Nevada News Bureau, Inc., a 501(c)3 nonprofit founded in 2010 by Elizabeth Thompson, who now serves as one of The Nevada Independent's managing directors and its Editor.
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