Nevada’s gay, lesbian and transgender communities face unique challenges in all realms of the law, especially hate crimes, harassment, false allegations, child custody, and entering into – or dissolving – domestic partnerships.
Below, our experienced and compassionate Las Vegas LGBT lawyers provide an overview of how we protect and fight for the rights of our homosexual, bisexual, transgender and queer clientele in Nevada. Click on a topic to go directly to that section.
- 1. Discrimination
- 2. Personal Injury
- 3. Family Law
- 4. Immigration
- 5. Criminal Defense
- Additional Reading
- Additional Resources
1. Discrimination
LGBT people routinely face discrimination at work, school, and even at home. The law entitles everyone to access to employment, education, and housing regardless of their sexual orientation or gender identity.
Employment Discrimination
Under Title VII of the Civil Rights Act of 1964, businesses that employ 15 or more people are not allowed to
- disqualify you,
- fire you, or
- otherwise discriminate against you
as an employee or job applicant because of your sex (unless gender is crucial to the job).
Even though Title VII does not explicitly protect sexual orientation or gender identity, the Equal Employment Opportunity Commission (EEOC) believes that gender discrimination comprises sexual orientation and gender identity discrimination.
Therefore, if you have been unfairly discriminated against in the workplace, you may be able to file a complaint with the EEOC.1
Education Discrimination
Any school that receives federal funding (which includes many Las Vegas private schools) may not discriminate against a student based on gender.
Although Title IX of the Education Amendments of 1972 does not mention sexual orientation or gender identity, trans and gay discrimination victims can and do bring lawsuits against schools for not preventing or addressing
- prejudice,
- harassment, and
- bullying.
Housing
The Nevada Equal Rights Commission explicitly prohibits home sellers and landlords from discriminating against buyers and tenants based on gender identity or sexual orientation. As a discrimination victim, you can file a complaint and possibly sue on other grounds.
2. Personal Injury
Homosexual and transgender people are at an elevated risk of harassment, assault, rape, and other hate crimes. Our Las Vegas personal injury attorneys assist in filing lawsuits against all the responsible parties in an effort to recover the largest money damages possible in your cases, including
Harassment
Harassment takes many forms, including
- taunting,
- phone calls, and
- cyber-bullying.
You may be able to sue not only the harasser but anyone who knew of the harassment and failed in their duties to stop it, such as a school, employer or even internet provider.
Assault and Sexual Assault
As an assault or rape victim, you should always file a police report in an effort to get your attackers behind bars, but you can also sue in civil court for money damages.
It may be possible to recover not only from the assaulter or rapist but also from any parties who aided and abetted or “cheered on” the crime. In some cases, a court may find that security guards or even the police are liable for neglecting their legal duties to keep the premises safe.
Hate Crimes
Any criminal offense–not just harassment or assault–qualifies as a hate crime in Nevada if it is committed because of your perceived gender identity or sexual orientation. In addition to filing a police report, you are encouraged to seek an attorney in order to sue the perpetrators as well as any accessories to the crime or other responsible parties.2
3. Family Law
Opposite-sex married couples with children no longer comprise the majority of American families. As an LGBT person, you can now marry whom you love and become parents the same as heterosexual couples.
Marriage
Gay and lesbian marriage is lawful throughout the United States, including Nevada. Your financial and property rights and obligations are much different than if you and your partner are merely cohabitants, so you may want to consider a prenuptial/spousal agreement.3
Domestic Partnerships
Even though same-sex marriage is now lawful, Nevada still recognizes the rights of both homosexual and heterosexual couples to enter into domestic partnerships, which are very similar to marriage. Note that Nevada does not recognize “civil unions” for same- or opposite-sex couples.
Name Changes
If you are getting married, divorced, changing genders, or merely pursuing a fresh identity, you may want to change your first and/or last names. Learn about changing legal names in Nevada.
Children
Although gay marriage is lawful, judges may still hold primeval views regarding the fitness of gay parents in divorce, adoption, child custody, guardianship, and surrogacy proceedings. Many gay couples resort to international adoption if they have trouble with domestic adoption agencies.
Miscellaneous
Other services LGBTQ+ people can benefit from include:
- partnership agreements,
- power of attorney for financial and/or medical decisions,
- pour over wills,
- living trusts, and/or
- reviews of life insurance and retirement plans.
4. Immigration
In much of the world, being gay or transgender is grounds for imprisonment, torture, and capital punishment. Coming to America can make the difference between life and death.
Asylum
If you are a gay or trans foreigner who makes it to America, you may be able to stay indefinitely if you can show it is too dangerous to live in your home country. Learn more about asylum laws.
Humanitarian Parole
Any foreigner who is facing a compelling emergency abroad may be able to travel temporarily to the U.S. for safety. Learn more about humanitarian parole laws.
Spousal Visas
If you are a U.S. citizen or permanent resident, you may be able to immigrate your foreigner spouse to America permanently. Learn more about how to get a spousal visa.
5. Criminal Defense
Nevada courts are glutted with cases where good people are wrongfully accused of crimes in Nevada. Some of these false allegations stem from prejudiced police officer who unlawfully entrap LGBTQ+ victims.
Domestic Violence
Many straight and gay couples fall prey to arguments that culminate with
- innocent accidents,
- lawful acts of self-defense, or
- of one person falsely accusing the other of hitting them.
Battery domestic violence penalties can be extremely harsh, so you should never attempt to fight these charges without a lawyer.
Solicitation
Las Vegas Metro Police routinely go undercover in bars and clubs to pretend to solicit prostitution from unsuspecting johns. These charges could be detrimental to your employment prospects, but an attorney may be able to get the charge reduced or dismissed.
Indecent Exposure
Many arrests for allegedly exposing one’s privates occur at Las Vegas’s infamous swim parties and nightclubs. Often surveillance video can prove the cops wrong or else show there is insufficient evidence to support an indecent exposure conviction.
Additional Reading
For more in-depth information, refer to the following scholarly articles:
- Creating Criminals: The Injuries Inflicted by “Unenforced” Sodomy Laws – Harvard Civil Rights-Civil Liberties Law Review.
- Lesbian, Gay, Bisexual, and Queer People’s Perceptions of the Criminal Justice System: Implications for Social Services – Journal of Gay & Lesbian Social Services.
- Out Yet Unseen: A Racial Critique of Gay and Lesbian Legal Theory and Political Discourse – Connecticut Law Review.
- The Complex Uses of Sexual Orientation in Criminal Court – American University Journal of Gender Social Policy & Law.
- The Homosexual as a Crime Victim – Contemporary Masters in Criminology.
Additional Resources
- The Center: A community organization serving the LGBTQ+ community of Nevada.
- Gay Las Vegas: This resource page that provides links and brief descriptions for a variety of LGBTQ+ organizations in Southern Nevada.
- Trauma Intervention Program of Northern Nevada (TIP): This organization utilizes citizen volunteers to provide emotional first aid to survivors of tragedy.
- Nevada Victims of Crime Program (VOCP): This program is dedicated to providing financial assistance to victims of violent crimes in Nevada.
