Nevada: 2 Constitutional Amendments, 1 “Protect Girls' Sports,” 1 Pro-Abortion

Article 1 Section 24 of the Nevada Constitution is hereby amended to read as follows:

Sec. 1. Equality of Rights:

Except as otherwise set forth subsection 2, 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.

2. The State and its political subdivisions shall designate athletic participation in all athletic competitions, including team sports, as one of the following based on biological sex at birth: (a) for males, men, or boys; (b) for females, women, or girls; or (c) coeducational or mixed-sex. This subsection applies to all recipients of State funds who operate, sponsor, or facilitate athletic programs or activities. An athletic team or sport designated for biological females, women, or girls shall not be open to biological males. A female may participate in a sport or on a team designated for males if no corresponding team for females is available.

3. As used in subsection 2 of this Act:

(a) “Sex”, “biological male”, “biological female”, or “biological sex” refers to an individual’s biological status as either male or female based on the individual’s birth certificate issued at the time of birth. For the purposes of this Section, “sex” is not synonymous with gender identity or gender expression; and

(b) “Female”, “woman”, and “girl” refer to an individual of the human female sex. The term “sex” is not a synonym for and does not include the concept of “gender identity.”

4. If any part of this Act be declared invalid, or the application thereof to any person, thing, or circumstance is held invalid, then such validity shall not affect the remaining provisions or application of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable. This subsection shall be construed broadly to preserve and effectuate the declared purpose of this Act.

5. This Act shall become effective upon passage and approval by the voters and upon completion of the canvass of votes by the Supreme Court.

2. Pro-Abortion Constitutional Amendment

• Prohibiting parental notification and consent (which just recently became enforceable).
• Placing the health and safety of woman at risk (given the subjective nature of determining a “compelling state interest,” which is the only way “the right established by this section” can be “burdened” state and local governments will most likely be unable to enforce common-sense regulations). More specifically, this will likely lead to:
  • A lack of regulation for abortion clinics.
  • Permitting unqualified healthcare practitioners to provide abortions (while abortions are to be “performed or administered by a qualified health care practitioner,” “qualified” is not defined; hence, ironically, the language could include practitioners that lack proper abortion training, e.g. a chiropractor).
  • Making it easier for sex-traffickers and abusers to cover up their crimes (While currently Nevada abortion law lacks effective coercion detection measures, there are at least some protections, such as informed consent. This would make future legislation on the same nearly impossible, ensuring Nevada’s current status as a “magnet” for sex traffickers, predators, and abusers continues.)
• Possibly permitting infanticide (by neglect).
  • The language states, “All individuals shall have a fundamental right to abortion performed or administered by a qualified health care practitioner until fetal viability,” where “fetal viability” is subjectively defined as “in the professional judgment of the patient's treating health care practitioner, there is a significant likelihood of the fetus' sustained survival outside the uterus without the application of extraordinary medical measures.” Given “extraordinary medical measures” are not defined, requiring life-saving equipment to be available for any infants aborted around the point of “viability” would more than likely be considered a “burden” on abortion access.
  • In other words: though a 22-week old baby can survive outside the womb, this law would let that baby die. The same could be true for latter term abortions, depending on what a judge determines to be a “burden.”
• Requiring taxpayer funded abortion (while Nevada taxpayers currently fund abortion via Medicaid, a future legislature would more than likely be unable to change this, given the proposed constitutional “right” to abortion would be considered “fundamental”).

• Submitted as an (citizens) initiated constitutional amendment in 2023; approved by voters (64.36%) in the 2024 general election.
• Voters will have a second chance to vote on the language on Nov. 3, 2026.
• It will become law after a simple majority vote.