Nevada Legislature Passes Transgender Rights Bill(s)

The Nevada Legislature has completed work on Assembly Bill 211, a bill to prohibit employment discrimination based on gender identity or gender expression, passing it by votes of 29-13 in the Assembly and 11-10 in the Senate to reach Republican Governor Brian Sandoval's desk.

Additionally, the Nevada Senate had previously passed bills to prohibit discrimination in public accommodations (Senate Bill 331) and housing (Senate Bill 368) on the basis of gender identity or expression. These bills are still pending in the Assembly.

The Senate killed Senate Bill 180, which would have added gender identity or gender expression to the state's hate crimes law, even though the Federal Hate Crimes Law already has provisions which include sexual orientation, gender identity and gender expression.

The National Gay and Lesbian task Force sent out a statement praising the Nevada's legislature's positive legislative actions to protect transgender individuals:

"This is a wonderful victory for the people of Nevada. We commend lawmakers for ensuring that all Nevadans, regardless of gender identity or expression, are protected from discrimination in employment. The startling statistics and personal stories found in our national survey on transgender discrimination show just how critically necessary these protections are. No one should fear being jobless, homeless and going hungry because of discrimination. Without legal protections, transgender people are made particularly vulnerable to bias and abuse. This law will literally save lives. We thank the Progressive Leadership Alliance of Nevada for its hard work leading to this victory and we're proud to be a partner in this effort. We look forward to the governor's signature on this important measure."

The Hawaii Legislature passed and Democratic Governor Neil Abercrombie signed into law a measure prohibiting employment discrimination on the basis of gender identity of gender expression earlier this year.

Delaware Legislature Passes Civil Unions Bill!

Following the passage of the State Senate last Friday by a vote of  13-6, the State House today passed the bill by a vote of 26-15.

The Washington Blade has the story:

"Today, we celebrate a victory for all Delaware families who will have the tools to protect themselves in good times and in bad,” said HRC President Joe Solmonese. “We look forward to Governor Markell signing this bill into law and thank Senator Sokola and Representative George for their leadership on this bill, and Equality Delaware for their tireless dedication.”

The bill, SB 30, cleared a key hurdle on Wednesday when the House Administration Committee voted 4-1 to approve it and send it to the House floor, with House Republican leader Gregory Lavelle voting for it.

[...]

The bill creates “the recognized legal relationship of civil unions” for same-sex couples and provides them with “all of the same rights, benefits, protections and responsibilities as married persons under Delaware law.”

The bill states that it is not the intention of the legislature “to revise the definition or eligibility requirements of marriage under Delaware law or to require any religious institution to perform solemnizations of civil unions.”

Similar to civil unions bills approved in other states, the Delaware bill would not provide same-sex couples with any federal rights or benefits associated with marriage. The Defense of Marriage Act, which Congress passed and President Bill Clinton signed in 1996, bars same-sex couples from receiving federal marriage-related rights or benefits.

Lisa Goodman, president of the board of Equality Delaware, a state LGBT group coordinating lobbying efforts for the bill, said the group and other LGBT organizations and advocates determined they didn’t have the political support in the state to pass a same-sex marriage bill.

Goodman, an attorney in private practice, said the civil unions law would provide same-sex couples and their families, including children, with crucial legal protections that they don’t currently have.

Delaware becomes the eighth state to offer comprehensive statewide protections for same-sex couples, following: Illinois, Hawaii, New Jersey, Nevada, California, Oregon, and Washington. 5 states and the District of Columbia allow same-sex couples to get married (Iowa, Massachusetts, Vermont, Connecticut and New Hampshire).

Hawaii Governor Signs Civil Unions Bill Into Law

On Wednesday February 23 Hawaii Governor Neil Abercrombie signed Senate Bill 232 into law, making Hawaii the seventh state to legalize civil unions. The Democratic governor fulfilled a campaign promise and reversed a decision made by Republican Governor Linda Lingle one year ago. When Hawaii's civil unions law goes into effect on January 1, 2012 it will allow opposite-sex and same-sex couples access to all the rights, responsibilities and benefits of marriage that the state of Hawaii can provide them while not calling such unions marriages.

The Honolulu Star-Advertiser reported:

"E Komo Mai: It means all are welcome," Abercrombie said in remarks before signing the bill into law. "This signing today of this measure says to all of the world that they are welcome. That everyone is a brother or sister here in paradise." 

"The legalization of civil unions in Hawaii represents in my mind equal rights for all people," he said.

The other states that have civil unions (or comprehensive domestic partnership statutes) which provide all the state rights, responsibilities and benefits of marriage through a "separate but equal" legal status are:  California, Oregon, Washington, Nevada, New Jersey and Illinois. Only the last two of these states actually call their laws "civil unions." The laws in these states are open to opposite-sex and same-sex couples. Three other states, New Hampshire, Vermont and Connecticut previously had civil unions laws on the books which were superseded by the enactment of marriage equality in those states. The states with comprehensive domestic partnership laws generally limit eligibility to opposite-sex couples where one partner is above 62 and all adult same-sex couples.