Revising Nevada's Constitution: Key Changes To Consider

The Nevada Constitution is the highest law within the state of Nevada, USA, and defines the structure, power, and limits of the state government and the basic rights and responsibilities of Nevada citizens. The current Nevada Constitution was adopted in 1864 and has been amended over 112 times. The last amendment was approved by voters in November 2024. The Nevada Constitution has 19 articles, including Declaration of Rights, Right of Suffrage, Distribution of Powers, Legislative Department, Executive Department, Judicial Department, Impeachment and Removal from Office, Municipal and Other Corporations, Finance and State Debt, Taxation, and Education. Given the frequency of amendments, it is worth exploring what revisions Nevadans would make to their constitution.

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Ratification of the constitution

The Nevada Constitution is the highest law within the state of Nevada and defines the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. It is subordinate to the Constitution of the United States. The current Nevada Constitution was adopted in 1864 and has been amended over 112 times.

Nevada's entry into full statehood in the United States was expedited. Union sympathizers rushed to send the entire state constitution by telegraph to the United States Congress before the 1864 presidential election. The constitution was sent on October 26-27, 1864, and it took two days to transmit the 16,543 words at a cost of $4,303.27. It was the longest telegraph transmission ever made at the time.

The Nevada Constitution was created at a constitutional convention on July 4, 1864, in Carson City, Nevada. The convention adjourned on July 28, and the constitution took effect on October 31, when President Abraham Lincoln declared Nevada to be a state. On March 21, 1864, Congress passed an enabling act signed by President Lincoln, authorizing the Territory of Nevada to be admitted as a state pending a ratified constitution. The people of Nevada approved the current Constitution on September 14, 1864.

The Nevada Constitution has 19 articles and has been amended numerous times since its ratification. The process of amending the Nevada Constitution is outlined in Article 19, which specifies that a majority of all members of both houses must pass the proposed amendment. The proposed amendment must then pass the next consecutive biennial session and be sent to the people for a vote. If the majority of registered votes pass the amendment, the constitution is amended. Nevada's constitution has been amended more frequently than some states, with an average of one to four amendments per year.

In addition to the legislative process, Nevada allows for citizen-initiated amendments, which must be approved by a majority of voters in two consecutive elections. This makes Nevada unique in its amendment process, as citizen-initiated amendments in most other states only require approval by a majority of voters in a single election.

Amendments to the constitution

The Nevada Constitution is the highest law within the state of Nevada, USA, and acts as a framework for governance, outlining the powers, structure, and limitations of the state government, as well as the rights and responsibilities of its citizens.

Nevada's constitution has been amended over 112 times since its adoption in 1864, with voters approving two amendments as recently as November 2024. The process of amending the constitution is outlined in Section 1 of Article 19, which states that a majority of all members of both houses must pass the proposed amendment. Following this, the proposed amendment must then pass the next consecutive biennial session. If it passes this stage, it is then sent to the people for a vote, and if a majority of registered voters pass the amendment, the constitution is amended.

An example of a recent amendment is Section 21 of Article 1, which was amended to recognise same-sex marriages and issue marriage licenses to couples regardless of gender. This amendment also protects the right of religious organisations and clergy to refuse to solemnise a marriage without legal repercussions.

Another example is Article 2, Section 10, which limits initiative, referendum, primary, and general election contributions to $5,000 each. Additionally, an equal rights amendment, approved by 58% of voters in the November 2022 general election, includes sexual orientation and gender identity/expression, making Nevada the only US state with this in its foundational document.

Nevada's constitution also includes provisions for continuity of state and local government operations in emergencies resulting from disasters or enemy attacks. In such cases, the legislature has the power to ensure immediate and temporary succession to the duties and powers of public offices, including changes to quorum requirements and the relocation of the seat of government.

Marriage equality

In 2020, Nevada became the first state to ask voters to repeal a constitutional amendment prohibiting same-sex marriage. This was known as Question 2, or the Marriage Regardless of Gender Amendment. The amendment was approved with 62% of the vote, and it served to amend Section 21 of Article 1 of the Nevada Constitution.

Prior to this, Nevada was one of 30 states with a constitutional provision prohibiting same-sex marriage. The ban was enshrined in the state constitution by voters in the 2000 and 2002 general elections, with 69% and 67% of the vote, respectively. The language of the constitution stated that marriage was limited to those "between a male and female person".

The Nevada Legislature began work on legislation to repeal the ban in 2013, and the Senate approved such legislation on April 21, 2009, with the Nevada Assembly passing the resolution on May 15, 2009. However, Governor Jim Gibbons vetoed the legislation.

The 2020 amendment to the constitution states that the "State of Nevada and its political subdivisions shall recognize marriages and issue marriage licenses to couples regardless of gender". It also includes a religious exemption, allowing religious organizations and members of the clergy to refuse to solemnize a marriage without legal repercussions.

The amendment was supported by various politicians, including Representative Lucy Flores, Senator Michael Roberson, and Senator Justin Jones, who welcomed the decision as a victory for equality and a step towards ensuring that "Nevada is a welcoming place for anyone looking to make a life here".

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Religious freedom

The Constitution of the State of Nevada is the highest law within the state, defining the structure, power, and limits of the state government, as well as the basic rights and responsibilities of Nevada citizens. It has been amended over 112 times since its adoption in 1864.

Regarding religious freedom, the Nevada Constitution already provides for "perfect toleration of religious sentiment" and guarantees that "no inhabitant of the state shall ever be molested, in person or property, on account of his or her religious sentiments". The document also states that "slavery is prohibited" and that there is "freedom of religious worship".

Article 1, Section 4 of the Nevada Constitution specifically addresses religious liberty, providing for the "free exercise and enjoyment of religious profession and worship without discrimination or preference". It states:

> "The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief, but the liberty of conscience, hereby secured, shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the State, or subversive of the rights or equal rights of others..."

In addition to these provisions, the Nevada Constitution has been revised to include an Equality of Rights Amendment, approved by voters in 2022, which adds a new section to Article 1. This amendment prohibits the state from denying or abridging rights based on "race, colour, creed, sex, sexual orientation, gender identity, or marital status". This amendment has been hailed as a significant step towards consistent and reliable protection against discriminatory practices by the government.

Despite these strong protections, some organisations have argued that certain amendments could open the door to "government-mandated discrimination" and hurt religious organisations. For example, Alliance Defending Freedom has expressed concerns that amendments related to abortion and gender identity could lead to taxpayers funding abortions and impact faith-based colleges and universities.

Overall, the Nevada Constitution provides robust protections for religious freedom and liberty of conscience, and Nevadans have the power to propose and vote on amendments to further strengthen these rights if desired.

State governance

The Nevada Constitution is comprised of 19 articles, including:

• Article 1: Declaration of Rights, which includes inalienable rights, the purpose of government, and the rights of the accused in criminal prosecutions.
• Article 2: Right of Suffrage
• Article 3: Distribution of Powers
• Article 4: Legislative Department
• Article 5: Executive Department
• Article 6: Judicial Department
• Article 7: Impeachment and Removal from Office
• Article 8: Municipal and Other Corporations
• Article 9: Finance and State Debt
• Article 10: Taxation
• Article 11: Education

The process of amending the Nevada Constitution is outlined in Article 19, which specifies that a majority of all members of both houses must pass a proposed amendment, which must then pass the next consecutive biennial session. The proposed amendment is then sent to the people for a vote, and if passed by a majority of registered votes, the constitution is amended. This process is similar to other states, where amendments are generally ratified by a simple majority of voters.

Nevada, however, has an additional requirement for citizen-initiated amendments, which must be approved by a majority of voters in two consecutive elections. This makes the process of amending the Nevada Constitution more rigorous than in some other states, where citizen-initiated amendments are considered at a faster pace.

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