Inclusive Equal Rights Amendment overdue in Nevada

Nevada has an Equal Rights Amendment (ERA) on the ballot this November to add to the state constitution inclusive language about equality. This ERA initiative is much more expansive and inclusive than other versions across the nation, as it expressly includes LGBTQ+ Nevadans. If the majority of Nevadans vote yes on Question 1, Nevada’s constitution will read: “Equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.”

This is huge. It means that equality for all Nevadans is on the ballot.

The inclusive language is important in many ways. For starters, LGBTQ+ Nevadans have been fighting for equality for decades. With this inclusive language, LGBTQ+ Nevadans can see themselves reflected in their state’s constitution as valued citizens who are guaranteed the same rights and protections as others. Moreover, this clear and inclusive language means that special interpretation of the law isn’t needed to prove or justify their protection. By adding this language, LGBTQ+ equality can’t be politically undermined. The rights the ERA will add are permanent.

In 2017, state Sen. Pat Spearman, who is a proud lesbian legislator, played an instrumental role in making Nevada the 36th state to ratify the ERA after several attempts in 2015 and 2016. In the book “Ordinary Equality” by Kate Kelly, Spearman is quoted as saying, “I am a woman. I am African American. And I am a member of the LGBTQ community. The discussion of equality is one I’ve been in all of my life.” Spearman helped make Nevada a pioneering state for equality.

The need for the federal ERA back in 1923 was an effort to give women equal rights under the law so that they would not be seen as second-class citizens. But universal suffrage had not yet been achieved and many women of color were left behind by mainstream suffrage leaders. Debates ensued as to whether or not Black women, and other women of color, were included in the fight for the ERA, since they still could not vote. This eventually led to the perception that the ERA was a white woman’s issue, even when it was resurrected in the 1970s, as well as recently.

In fact, the ERA is an issue for people of all races and genders, and in Nevada it is an innovatively inclusive issue that LGBTQ+ Nevadans and our allies can support by voting yes on Question 1 — a vote that can make those who fought for LGBTQ+ equality in the 1970s, 1980s and 1990s very proud.

The history of the fight for LGBTQ+ equality spans more than 40 years. In 1999, Nevada passed an employment nondiscrimination act, and again in 2009, that added gender identity and gender expression. Over the years, Nevada has passed dozens of pieces of legislation in the areas of HIV, child welfare and juvenile justice, education, and hate crimes, just to name a few. In 2020, more than 60% of Nevadans voted on a ballot measure to remove discriminatory language from the constitution to include marriage for all — regardless of gender.

For this year’s ERA ballot measure, according to polling conducted by the Nevada Independent and OH Predictive Insights in 2022, more than 70% of Nevadans support the ERA, which includes nearly 60% of Republican voters. This shows we are about everyone in our community and protecting the rights of all Nevadans.

The preamble to Nevada’s constitution says, “We the people of the State of Nevada Grateful to Almighty God for our freedom in order to secure its blessings, insure domestic tranquility, and form a more perfect Government …”

A more perfect government is what we are all trying to achieve — and that includes LGBTQ+ Nevadans.

André Wade is state director of Silver State Equality.