Gender identity hate crime bill clears Senate panel
March 8, 2013 - 1:59 am
CARSON CITY — After a brief hearing Thursday, a Senate committee voted unanimously to add offenses committed against people based on their gender identity to the list of hate crimes that can be punished with increased criminal offenses.
Members of the Senate Judiciary Committee approved Sen. Pat Spearman’s Senate Bill 139, a step that will move the bill to the Senate floor for a vote as early as Monday.
Besides offenses against people based on their gender identity, arson and other offenses in the FBI’s list of hate crimes also were placed in the bill.
The bill would allow victims to file lawsuits against the offenders and seek general and punitive damages.
Gender identity means a person may prefer to identify as a male or a female when the person was born as a member of the opposite sex.
Spearman, D-North Las Vegas, the Legislature’s only openly lesbian member, praised senators for their votes and quoted from Dr. Martin Luther King, Jr.: “The moral arc of the universe bends toward justice.”
Two Republican members of the committee said they have been getting email from people who contend the bill would grant special rights for a group of people.
“That is absolutely wrong,” Sen. Greg Brower, R-Reno, said. “It is not creating special privileges.”
Brower said crimes against people based on their gender identity are prosecuted like any other crimes, and then judges after conviction decide whether the cases merit enhanced offenses.
Sen. Mark Hutchison, R-Las Vegas, agreed, saying that people from “my religion’” have been persecuted and noting that crimes against people because of their religion can bring longer sentences. He is a member of the Church of Jesus Christ of Latter-day Saints.
In Nevada in the 19th century, Mormons at one point were not allowed to vote.
Under current law, people who commit offenses against others based on their race, color, religion and sexual orientation can have their sentences increased by one to 20 years.
Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.