Silver State Equality: Know Your Rights DOcument

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KNOW YOUR RIGHTS for LGBTQ+ Nevadans

1. General Nondiscrimination 1

PROTECTED CATEGORIES

Nevada law (and its constitution since 2022) explicitly prohibits discrimination based on sexual orientation , gender identity, and gender expression

These protections apply in:

∫ Employment

∫ Housing

∫ Public accommodations (stores, restaurants, hotels, etc.)

∫ Education

∫ State services and programs

∫ Credit and lending

2. Employment 2

∫ You cannot be fired, denied a job, harassed, or passed over for promotion because of gender identity or expression.

∫ Employers must provide equal workplace conditions and benefits to transgender and gender-diverse employees.

3. Housing 3

∫ Landlords, property managers, and lenders cannot discriminate against you in renting, buying, or financing a home based on gender identity or expression.

∫ This includes refusal to rent, unfair lease terms, or harassment by housing providers.

4. Healthcare 4

NON-DISCRIMINATION IN CARE

Health districts and providers must serve patients without discrimination based on gender identity/expression.

INSURANCE COVERAGE

Since Jan 2024, certain private insurers and Medicaid in Nevada must cover medically necessary gender-affirming care (puberty blockers, hormones, surgeries, mental health care).

PARENTAL CONSENT FOR MINORS

Minors can access gender-affirming care with parent/ guardian consent, but do not require parental consent to receive HIV prevention treatments like PrEP and PEP.

5. Education (K–12)

ANTI-BULLYING / ANTI-DISCRIMINATION

Public schools must protect students from harassment or discrimination for being transgender or gender-diverse.

INCLUSIVE CURRICULUM 5

Nevada requires LGBTQ+ history and contributions to be included in school lessons on a rolling basis of implementation.

GENDER DIVERSITY PLANS 6

Schools must create individualized support plans for transgender or gender-diverse students— covering pronouns, names, bathrooms, and facilities—with input from the student and family.

SPORTS ( AS OF 2025 ) 7

The Nevada Interscholastic Activities Association now requires a medical form verifying “sex” (not gender identity) for participation in school sports.

6. Child Custody & Welfare

CUSTODY DECISIONS 8

Nevada law requires judges to consider the best interest of the child. Courts cannot automatically discriminate against a parent or child because of gender identity or expression.

CHILD WELFARE SYSTEM 9

State foster care and child welfare agencies must provide safe, affirming, and nondiscriminatory care for LGBTQ+ youth.

7. Identification & Legal Recognition

NAME CHANGES 10

Transgender and non-binary people can legally change their name through the courts; parents can petition on behalf of a minor.

DRIVER’S LICENSES & STATE IDS 11

Nevada offers an “X” marker in addition to “M” or “F” on IDs

BIRTH CERTIFICATES 12

Nevada allows updates to gender markers on birth certificates.

8. Marriage & Family

MARRIAGE EQUALITY 13

Same-sex marriage has been legal since 2014. Nevada removed discriminatory language on marriage from its constitution in 2021 13

DOMESTIC PARTNERSHIPS 15

Available since 2009, with nearly all the rights of marriage.

9. Prisons & Criminal Justice

PRISON PROTECTIONS 16

Nevada law requires the Department of Corrections (prisons) to implement some protections for transgender and gender-nonconforming people, including considering gender identity in housing placements and ensuring access to appropriate medical care. This does not apply to local jails.

HATE CRIME PROTECTIONS 17

Bias-motivated crimes against transgender people carry enhanced penalties.

Reporting Discrimination

File a Complaint with the Nevada Equal Rights Commission (NERC)

∫ Website: https://mynerccomplaint.nv.gov/landing/

∫ Phone: (702) 486-7161 (Las Vegas) / (775) 823-6690 (Reno)

Federal Option: Equal Employment Opportunity Commission (EEOC)

∫ Website: https://www.eeoc.gov/filing-charge-discrimination

∫ Note: It’s uncertain how the federal government will respond to LGBTQ+ reports/complaints of discrimination. Proceed with caution.

Report to the Nevada Division of Insurance if an insurer denies coverage for gender-affirming care or other necessary treatments.

∫ Website: https://doi.nv.gov/Consumers/File-A-Complaint/

∫ File a Complaint with the Office for Civil Rights (OCR), U.S. Department of Health & Human Services

∫ Website: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf

∫ Note: It’s uncertain how the federal government will respond to LGBTQ+ reports/complaints of discrimination. Proceed with caution.

1 Nev. Const. art.I, § 24.

2 https://detr.nv.gov/Content/Media/NERC/T_Gender_Identity_Epression_Discrimination.pdf.

3 Nev. Rev. Stat. § 118 (2025), https://www.leg.state.nv.us/division/legal/lawlibrary/nrs/NRS-118.html

4 Nev. Rev. Stat. § 430A.180 (2025), https://www.leg.state. nv.us/nrs/NRS- 430A.html#NRS430ASec180

5 Nev. Assembly Bill 261, 81st Sess. (2021), https://www.leg.state. nv.us/App/NELIS/REL/81st2021/Bill/7727/Text

6 Nev. Admin. Code § 388.880 (2023), https://www.leg.state. nv.us/NAC/NAC-388.html#NAC388Sec880

7 Rocio Hernandez, Nevada Board Moves to Limit Transgender Athletes in School Sports, The Nevada Independent (Apr. 9, 2025), https://thenevadaindependent.com/article/nevada-board-moves-to-limit-transgender-athletes-in-school-sports

8 Nev. Rev. Stat. § 424.445 (2025), https://www.leg.state.nv.us/nrs/NRS-424.html#NRS424Sec0445

9 Nev. Rev. Stat. § 432B.172 (2025), https://www.leg.state. nv.us/nrs/NRS-432B.html#NRS432BSec172

10 Nev. Rev. Stat. § 41.270 (2025), https://www.leg.state.nv.us/NRS/NRS-041.html; Nev. Rev. Stat. § 41.295 (2025), https://www.leg.state.nv.us/NRS/NRS-041.html#NRS41Sec295

11 Nev. Dep’t of Motor Vehicles, Nevada Implements Gender-Neutral IDs: Nonbinary Gender X Is Now an Option (Apr. 22, 2019), https://dmv.nv.gov/news/19001-gender-x-available.htm

12 Nev. Admin. Code § 440.030 (2025), https://www.leg.state. nv.us/nac/nac-440.html#NAC440Sec030

13 Sevcik v. Sandoval, 911 F. Supp. 2d 996 (D. Nev. 2012), aff’d sub nom. Latta v. Otter, 771 F.3d 456 (9th Cir. 2014).

14 Nev. Const. art. I, § 21 (amended Nov. 3, 2020).

15 Nev. Rev. Stat. § 122A.100 (2025), https://www.leg.state. nv.us/NRS/NRS-122A.html#NRS122ASec100

16 Nev. Rev. Stat. § 122A.100 (2025), https://www.leg.state. nv.us/NRS/NRS-122A.html#NRS122ASec100

17 Nev. Rev. Stat. § 193.130 (2025), https://www.leg.state.nv.us/nrs/NRS-193.html#NRS193Sec130

School or Education Discrimination

Start at the School Level:

∫ Report bullying or refusal to respect a student’s gender identity or sexual orientation to the principal or school district office.

∫ Schools are legally required to have policies protecting gender-diverse students.

State Oversight: File a complaint with the Nevada Department of Education if the school fails to act.

∫ Website: https://doe.nv.gov/offices/office-ofcomprehensive-student-services/dispute-resolution Federal Oversight: File a Title IX complaint with the U.S. Department of Education, Office for Civil Rights (OCR)

∫ Website: https://ocrcas.ed.gov/

∫ Note: It’s uncertain how the federal government will respond to LGBTQ+ reports/complaints of discrimination. Proceed with caution.

More Resources

ACLU Know Your Rights page: https://www.aclu.org/know-your-rights#all-kyr

ACLU Enforcement at the Airport page: https://www.aclu.org/know-your-rights/whatdo-when-encountering-law-enforcement-airports-and-other-ports-entry-us LAMBDA LEGAL Know Your Rights page: https://legacy.lambdalegal.org/know-your-rights

GLSEN Know Your Rights page: https://www.glsen.org/activity/know-your-rights

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