Nevada Lawmakers Look To Ban ‘Gay Panic’ Defense

Lawmakers in Nevada are considering legislation that would prohibit the use of so-called ‘gay panic’ and ‘trans panic’ defenses in courts across the Silver state.

The bill, SB 97, would ban legal defenses that argue an alleged criminal’s violent actions were justified or provoked by the knowledge of a victim’s sexual orientation or gender identity. The defense tactic asks juries to blame the victim’s sexual orientation or gender identity for the defendant’s alleged violent crimes.

The Nevada Current reports that the legislation has the support of the Human Rights Campaign, the Transgender Allies Group, PLAN Votes, Nevada Coalition to End Domestic and Sexual Violence, as well as other LGBTQ organizations.

Only three states – California, Illinois and Rhode Island – have laws in place today that specifically prohibit the use of the defense.

Additionally, there is similar legislation currently working its way through six states – New Jersey, Washington State, New York, Georgia, Minnesota, and Pennsylvania – as well as Washington, D.C.

Supporters of the bill say these defenses are based on “pseudo-science” that plays on irrational fears based on homophobia and transphobia against LGBTQ people in the criminal justice system. When successful, these defenses send a message that violence against LGBT people is somehow understandable or acceptable.

While the tactic is rarely utilized, it has been used with success in several hate crimes in almost half of all U.S. states.

One of the most famous cases that used a ‘gay panic’ defense was that of Matthew Shepard, who was beaten to death and left to die tied to a fence on a cold Wyoming night. The two men charged with his murder attempted to say their ‘gay panic’ excused their actions.

According to the Williams Institute, successful use of the defense can result in murder charges being reduced to manslaughter or other lesser offenses.

In 2013, the American Bar Association overwhelmingly approved a resolution calling for an end to the defense.

(H/t Nevada Current)

Openly Gay Senate Majority Leader Resigns Amid Charges Of Using Campaign Funds For Personal Use

Former Nevada lawmaker Kelvin Atkinson

Nevada’s Democratic Senate Majority Leader Kelvin Atkinson resigned from his legislative seat on Tuesday in an emotional speech telling his colleagues he would plead guilty to charges of using campaign funds for personal use, according to The Nevada Independent.

It was recently discovered that Atkinson had misappropriated hundreds of thousands of dollars in campaign funds for personal use.

Misuse of campaign funds is a state and federal crime which carries a possible prison sentence of 20 years.

“I am embarrassed, I am ashamed and I am truly, truly sorry,” Atkinson said a tear-filled speech from the floor of the Senate. “I pray for your forgiveness.”

“I hope to have the opportunity to prove someday that this is not who I am, just something I did wrong,” said the 49-year-old former lawmaker.

“I have no one to blame but myself,” he added. “I just pray that someday I will have the opportunity to contribute to my community once again in a meaningful way.”

Democratic Gov. Steve Sisolak publicly denounced Atkinson’s deeds in a statement Tuesday morning.

“I am extremely disappointed in the news that Kelvin Atkinson misappropriated campaign funds for his personal use,” the governor said. “This admitted violation of the law goes against the integrity every elected officer in the state of Nevada should uphold.”

“Saddened and disappointed” were the words used by the executive director of the Nevada Senate Democratic Caucus, Cheryl Bruce.

Atkinsons’s deputy, state Sen. Nicole Cannizzaro, is reported to replaced him. She will be Nevada’s first female Senate Majority Leader.

First elected to the Nevada state Assembly in 2002, Atkinson joined the Senate in 2012. He was the Silver state’s first openly gay Senate leader, and only the third African American to hold the position.

Atkinson famously came out during a 2013 debate in the Senate regarding repealing Nevada’s ban on same-sex marriage.

The following year, he and his husband were among the first same-sex couples to be married in Nevada.

As a proud gay Democratic Nevadan, living in Las Vegas for 15 years, I’m disgusted that Atkinson would be so unethical.

There are no excuses for such a blatant disregard for the law and personal integrity.

I am appreciative that Atkinson seems to be taking full responsibility for his actions, but it’s reprehensible that he so flagrantly broke the law.

Everyone has to follow the law, but being a minority and gay means having to work twice as hard to succeed. Any and all episodes like this only set us further back.

(h/t Nevada Independent)

Nevada Elects Dead Pimp To Office Over Live Democrat

Dennis Hof

One more election result from the midterm elections to chat on.

There was lots of talk on cable news last night about how unpredictable elections tend to be in Florida.

But Nevada has its own unusual result that definitely lands in the ‘who would have thought’ category.

And it really explains how determined some folks are to just vote their party whether it pays off or not.

Dennis Hof, who’s a bit of a celebrity in the Silver State as the owner of seven legally-run brothels, won his race in the state Assembly District 36 by 26 points, defeating his Democratic opponent Lesia Romanov 63% to 37%.

Its a deep red district, and his semi-fame (he and one of his brothels is the subject of the HBO series Cathouse) surely helped him out.

The only problem is he died last month after partying hardy on his 72nd birthday.

According to state laws, it was too late to remove his name from the ballot.

District 36 covers all of Nye County and parts of Lincoln and Clark counties. So all three boards of commissioners will have to come together and agree on a replacement for the ‘vacancy.’

Nye County Commission Chairman John Koenig told the Las Vegas Review-Journal the commissioners will “probably put an advertisement in the newspaper, and solicit names for a short period of time.”

So Florida may have its surprises, but as Eric Herzik, political science chair at the University of Nevada/Reno said, “We voted for a dead man.”

(h/t Las Vegas Review Journal)

Nevada: 12 Members Of Adam Laxalt’s Family Pen Op-Ed Opposing His Candidacy For Governor

In a devastating op-ed posted in the Reno Gazette, 12 Nevadans express their opposition to Republican candidate for governor, Adam Laxalt. Those 12 people happen to all be members of the Laxalt family.
Republican gubernatorial candidate Adam Laxalt

In a devastating op-ed posted in the Reno Gazette, 12 Nevadans express their opposition to Republican candidate for governor, Adam Laxalt.

Those 12 people happen to all be members of the Laxalt family.

Here’s an excerpt from the Reno Gazette:

First, for those of us who were actually raised in Nevada, it’s difficult to hear him continue to falsely claim that he was raised in Nevada or has any true connections to Nevadans.

The simple fact is that while he may have been born in Reno, he left as an infant and was raised on the East Coast, 3,000 miles away, in Washington, D.C., and moved here only in 2013, only one year later launching his political career. Aside from the occasional short visit, Adam never knew the state or its people. Perhaps if he had, he would stand for Nevada’s values rather than for those of his out-of-state donors.

If he responds to this column at all, it will probably be to say that he hardly knows the people writing this column. And in many ways that would be true. We never had a chance to get to know him, really — he spent his life in Washington, D.C., while we lived in Northern Nevada and grew up in public schools and on public lands. He moved to Nevada in 2013 so that he could lean on the reputation of a family that he hardly knew while tapping into support by donors who had no interest in our state or its people.

It’s worth saying that this column isn’t about politics. We would be proud to have a Laxalt running for office on Nov. 6, regardless of whether they were Republican or Democrat or independent, so long as we believed that they would be good for Nevada.

We’re writing because we care about Nevada and because we know the truth about this candidate. We think that you should, too.

The op-ed is signed Gabriel Urza, Kevin Nomura, Amy Nomura Solaro, Alexandra Urza, Kevan Danielle Laxalt, Michelle Terese Laxalt, Peter Laxalt, Michelle Janet Laxalt, Dr. Kevin Marie Laxalt, Dr. Kristin Laxalt, Monique Laxalt and Meggan Laxalt Mackey.

The Laxalt family points out even though Adam is currently the Attorney General of Nevada, his tenure as a practicing lawyer was considered “a train wreck” by his own law firm members.

The op-ed also says that Laxalt had worked to undermine current two-term governor of Nevada, Republican Brian Sandoval. Sandoval has notably refused to endorse Laxalt in this year’s race.

Podcast: Talking With Nevada State Senator Pat Spearman

Nevada state Sen. Pat Spearman

Today I’m talking with Nevada state Sen. Pat Spearman who is running for the Democratic nomination in Nevada’s District 4 for Congress.

The word “qualified” doesn’t even begin to cover the senator’s resume.

In her multi-faceted career, she’s earned a Bachelor of Arts degree in political science, a Doctor of Business Administration degree, and a Masters degree in Divinity.

A 29 year veteran of the U.S. Army where she achieved the rank of Lt. Colonel, she was elected to the Nevada state Senate in two landslide victories.

Spearman is smart, smart, smart.

She’s the only LGBTQ candidate running in Nevada this election cycle.

Hit the play button as we talk about what’s at stake this campaign season.

HRC Endorses Nelson Araujo For Nevada Secretary Of State

Nevada Assemblyman Nelson Araujo

The Human Rights Campaign has endorsed Assemblyman Nelson Araujo (D-Las Vegas) for Nevada Secretary of State. This endorsement is the organization’s first ever for a secretary of state race.

If elected, Araujo would become the first LGBTQ person elected to statewide office.

“Millions of Americans–including LGBTQ people of color and transgender Americans–are more vulnerable to discrimination at the ballot box than ever before,” said HRC Nevada State Manager Briana Escamilla. “Nevadans can trust they have a proven champion of fairness and justice in Nelson Araujo and HRC is proud to endorse his candidacy for Secretary of State. We look forward to Assemblyman Araujo making history in November as the first openly LGBTQ person elected to statewide office in the Silver State.”

“The Human Rights Campaign has been an incredible force in the fight for equality in America. As a member of the LGBTQ community who has been working diligently to advance pro-LGBTQ policies in Nevada, this endorsement is personal. As Secretary of State, I will do all I can to ensure that we develop a more diverse, inclusive Nevada that works for everyone,” said Araujo.

Araujo has been a member of the Nevada State Assembly for two terms, serving as Assistant Majority Floor Leader in the most recent legislative session. Throughout his time in the State Legislature, he has consistently led the fight on LGBTQ equality, and was instrumental in last year’s push for a statewide ban on so-called “conversion therapy” for minors. He was also political co-chair of the HRC Las Vegas steering committee from 2011 to 2014. If elected, Araujo would be the first Latinx Secretary of State in Nevada and the first openly LGBTQ person elected to statewide office in Nevada.

He will be facing incumbent Secretary of State Barbara Cegavske, who is seeking a second term. During her time as a state legislator prior to becoming Secretary of State, Cegavske opposed marriage equality and was the lead sponsor of a bill that would have allowed discrimination against LGBTQ people in housing and public accommodations.

Folks love a local success story.

Araujo is a native Nevadan born and raised in Las Vegas. He received both his bachelor’s degree in communication studies and a master’s degree in public administration from the University of Nevada, Las Vegas.

In the 2017 session, all seven of the priority bills Nelson authored were passed by a Democratic legislature with bipartisan support and signed into law by a Republican governor.

So this is a guy who works well with others to get things done.

Click here for more info on Araujo.

Trump Takes A Swipe At Sen. Heller: “He Wants To Remain A Senator, Right?”

Sen. Dean Heller of Nevada (L) next to President Trump

President Trump held a lunch with Republican Senators today where he said they should skip the planned August recess and remain in Washington until they pass a health care reform bill.

Just curious – will Trump stay in Washington as opposed to jetting off to one of his golf courses?

At the lunch, Trump took some not-so-veiled swipes at GOP senators who weren’t on board the recent GOP health care bill. He took direct aim at Nevada Sen. Dean Heller who was seated right next to him.

Via the Daily Beast:

“The other night I was surprised when I heard a couple of my friends—my friends, they really were and are. They might not be very much longer, but that’s okay. I think I have to get them back,” he said to laughter in the room, at one point turning to Heller to say, “[You were] the one we were worried about. You weren’t there. You’re going to be.”

And then Trump added: “He wants to remain a senator, doesn’t he?” The president continued, as Heller’s smile turned uncomfortable: “I think the people of your state—which I know very well—I think they’re going to appreciate it whenever you do.”

Trust and believe that it was no accident that Heller is seated right next to the president.

Heller, currently in his first term, is considered the most vulnerable Republican senator up for re-election next year as Hillary Clinton won Nevada handily in last year’s presidential election.

Watch Trump needle Heller below.

Las Vegas: Transgender Woman Denied Entrance To Ladies Restroom At New York-New York Hotel

Katie Charm (via Instagram)

A transgender woman from San Francisco, visiting Las Vegas this past week, was blocked from using a women’s bathroom at New York-New York Hotel.

While attending a performance of the Cirque du Soleil production Zumanity, which ironically celebrates diversity, Katie Charm used the women’s restroom before the show began.

But later, when she returned to use the same restroom during the performance,  New York-New York staff blocked her from entering the restroom again.

Unicorn Booty interviewed Charm and shares her story:

“They formed a literal barrier in the hallway blocking me from using it,” she tells us. “The first manager was unbelievable. He was like, ‘Well, look at you, look at what you’re wearing.’ I was wearing a woman’s baby doll tee and shorts, by the way. I was like, ‘I’m a trans woman! I have boobs even.’ I asked to speak to his manager.”

“I asked for a refund and the manager was like,’Why in the world would we give you a refund?’ I had to leave because I became too emotional. We missed the end of the show.”

Charm explains the fear and self-doubt she has had to overcome since transitioning.

“I don’t know if you understand how scary it is for a newly transitioning person to use a women’s room,” she explains. “So afraid at any second to be called out and harassed for not belonging. So scared of those macho assholes waiting outside to hurt you for daring to use the bathroom next to their wife.”

“The titanic mountains of self-doubt you have to overcome just to feel OK being there. Months and months of fighting thoughts, “Do I really belong here? Am I a bad person for just wanting to pee in peace. The crippling self-doubt versus the absolute terror of going to the men’s room. After a few months of transition, you begin smelling like a girl, and people give you scary looks in the men’s room. It was a nightmare for all [the beginning] of 2017. It was a nightmare I finally felt like I had conquered.”

Charm shared with Unicorn Booty that she has been taking hormones for seven months, and says, “I know I don’t pass, that I’m a thousand miles from ever ‘passing,’ even though I’ve been on hormones seven months now. But just because I’m an ugly woman doesn’t mean I should be subject to ID search to use the bathroom. I shouldn’t need to ‘pass’ or be pretty to be treated as a valid female.”

Charm added that she felt she was “confronted” in at least 50% of the restrooms she used in Las Vegas.

It’s important to note that in 2011, the Nevada legislature passed, and Gov. Sandoval signed into law, SB 331 which outlawed discrimination based on gender identity and expression regarding public accommodations.

According to reports, those who denied Charm entrance to the bathroom were New York-New York employees, not Cirque du Soleil employees.

MGM Resorts posted this statement on Katie’s Instagram:

MGM Resorts International strives to create a safe and inclusive environment for our LGBTQ guests. Under our policy, guests who are transgender may use the restroom of the gender they associate with. If you were not allowed access to the restroom of your choice, we would very much like an opportunity to address this matter with you directly. Inclusion is a bedrock value of MGM Resorts and we welcome the opportunity to make this right.

I’m not aware of any other public statement by MGM Resorts on the incident.

I would like to know whether the employees were addressed regarding how they mishandled the incident considering the company’s policy is to allow trans people to use the bathroom that matches their gender identity.

Unicorn Booty reports that since the incident MGM Resorts have issued an apology to Charm and offered her a refund.

Cirque du Soleil issued this statement:

We regret the incident experienced by one of our audience members on July 11 at New York-New York. Diversity and equality for every individual are foundational values of Cirque du Soleil, and our show Zumanity specifically celebrates diversity and love in all forms.

Legal Recreational Pot Sales Begin In Nevada

Nevada became the fifth state to begin legal sales of recreational marijuana today.

People began buying pot early Saturday, just months after voters approved legalization in November. It’s the fastest turnaround from the ballot box to retail sales in the nation.

Those 21 and older with a valid ID can buy up to an ounce of pot. The millions of tourists who visit Las Vegas and other Nevada cities every year are expected to make nearly two of every three pot purchases.

People can only use marijuana in a private home. It remains illegal to light up in public places, including casinos, bars, convention centers, restaurants, parks and concert halls.

Edible marijuana products, such as brownies and gummies, will be on sale as well, and they are expected to be extremely popular with tourists because they offer a more discrete way of consuming marijuana.

That being said, tourists can’t take it back home as it’s illegal to cross state lines with marijuana. And it’s illegal to mail it through the U.S. Postal Service.

Much like alcohol, you can carry it around or drive with it in your car, but driving stoned is still very much against the law. Not even passengers can smoke or consume marijuana in a vehicle under Nevada law.

A marijuana DUI could land you a fine of up to $1,000, a suspended license and even jail time.

Nevada joins Colorado, Oregon, Washington and Alaska as the only U.S. states to regulate and tax legal marijuana.

Nevada: Sen. Dean Heller Says “No” To Senate GOP Trumpcare Bill

Sen. Dean Heller of Nevada

Republican Senator Dean Heller of Nevada (my state) announced today he will not be voting for the newly unveiled Senate version of Trumpcare.

Heller is considered the most vulnerable Republican senator up for reelection in 2018 being from a very purple state that went for Hillary Clinton in the 2016 presidential race.

Via Politico:

“This bill that’s currently in front of the United States Senate is not the answer. It’s simply not the answer,” said Heller, the most vulnerable Senate Republican in the 2018 midterm election. “It’s going to be very difficult to get me to a yes.”

Heller is now the fifth Republican to go public with a threat to vote against the bill, which is the culmination of seven years of GOP campaign promises. Senate Majority Leader Mitch McConnell can lose only two of his 52 members for the bill to pass when he holds a vote in a week.

On Thursday, four conservatives — Sens. Rand Paul, Ted Cruz, Mike Lee and Ron Johnson — said they aren’t ready to support the draft bill because it preserves too many of Obamacare’s regulations but said they’re open to negotiations.

Heller did leave the door open to supporting the bill if changes are made.

“Both Republicans and Democrats can agree the [Affordable Care Act] does need some fixes,” the Nevada Republican said.

Heller said he is opposed to the rollback of the Medicaid expansion because it hurts Nevada.

“This is all about Medicaid expansion. … You have to protect Medicaid expansion states,” Heller said, adding that he wouldn’t support rolling back Medicaid unless payment rates for a state like Nevada are boosted.

Trust and believe I was one of the phone calls his office received over the past couple of days.

Heller becomes the fifth Senate Republican to say they won’t be supporting the GOP Healthcare bill. Republicans only have a two vote majority, so with five saying “no,” this bill has to be amended. The problem is the moves to get moderate Repubs on board will push far-right GOPs away, and vice-versa.

The answer to healthcare is for Republicans to work WITH Democrats to address fixes in Obamacare. Period.