Bill seeks to prohibit discrimination based on person’s sexual orientation

Eric Leake

Wednesday, June 8, 2005 | 11:07 a.m.

Sexual orientation is now among those personal characteristics the state says should not deny a person a table at a restaurant or service at a store.

The Legislature in special session Tuesday approved Assembly Bill 5 to revise provisions related to the Nevada Equal Rights Commission.

Prominent among the changes by the bill is the inclusion and definition of sexual orientation.

The bill says the public policy of the state is to foster people's right to public accommodation without discrimination on the basis of sexual orientation or other characteristics, such as race or gender.

Gary Peck, executive director of the American Civil Liberties Union of Nevada, called the legislation a "strong statement" of public policy.

"It's an important first step toward prohibiting discrimination based on sexual orientation in public accommodation," Peck said.

Public accommodation includes service at restaurants, hotels, theaters, schools, stores and similar businesses.

The legislation does not make such discrimination illegal, but does give the commission grounds to investigate a complaint.

The state Senate approved the bill unanimously. It passed the Assembly with seven votes against it.

Among those opposed to the bill was Assemblyman Joe Hardy, R-Boulder City, who spoke Tuesday night after his return home.

"I don't have problems with the concept of the whole bill in general," Hardy said. "I don't think we needed to put in the definition of what sexual orientation means."

Sexual orientation is defined in the bill as "having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality."

Hardy said the language could excite rather than soothe what can be a sensitive issue. He would prefer for sexual orientation to not be an issue, in either discrimination or legislation.

Peck said the next step for supporters of the legislation will be to work in the next session to make state law consistent with the revised public policy.

"We're taking this fight one step at a time," he said.

Peck said residents and visitors often complain to the ACLU of discrimination based on sexual orientation when they visit local establishments.

"People come up to them and say, 'You're not welcome here. We don't want your kind here,' " Peck said, of homosexual couples who may be holding hands or otherwise demonstrative.

He said people were shocked to learn they had no recourse with the state to such discrimination.

Nevada already prohibits employment discrimination based upon sexual orientation but has no law or public policy on such housing discrimination.

Bobbie Gang is a lobbyist with the Nevada Women's Lobby, which supported the legislation.

She said people of various sexual orientations are among the last to be explicitly protected by legislation from discrimination.

"This is one of the last elements that has been neglected for too long," Gang said, adding that the bill is important to both residents and visitors to the state.

She said she is pleased with the bill's unanimous vote in the Senate and wishes it had enjoyed even wider support.

"It's really a shame that people can't accept all kinds of people and open their doors," Gang said.