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Existing federal statutes also prohibit discrimination based on the classifications enumerated in
this ballot measure in various manners. For example, the Religious Freedom Restoration Act of
1993 prohibits the federal government from substantially burdening the exercise of religion.
(42 U.S.C. §§ 2000bb et seq.) With respect to employment, Title VII of the Civil Rights Act of
1964 (42 U.S.C. §§ 2000e et seq.), the Equal Pay Act of 1963 (29 U.S.C. § 206(d)), the Age
Discrimination in Employment Act of 1967 (29 U.S.C. §§ 621-634), section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. § 791) and Titles I and V of the Americans with Disabilities
Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibit discrimination in employment based on race,
color, religion, sex (including sexual orientation, gender identity, and pregnancy), age (40 years or
older), disability, ancestry, or national origin. Title IX of the Education Amendments of 1972
(20 U.S.C. §§ 1681 et seq.) prohibits discrimination on the basis of sex in educational programs
and activities that receive federal funding. Title VIII of the Civil Rights Act of 1968 (42 U.S.C.
§§ 3601-3609), known as the Fair Housing Act, prohibits housing discrimination based on race,
color, national origin, religion, sex (including gender, gender identity, sexual orientation, and
sexual harassment), familial status, or disability. Title II of the Civil Rights Act of 1964 (42 U.S.C.
§§ 2000a et seq.) prohibits discrimination on the basis of race, color, religion, or national origin in
places of public accommodation. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et
seq.) prohibits discrimination on the basis of race, color, or national origin in programs or activities
that receive federal funding. These laws are a nonexhaustive listing of the federal laws that prohibit
discrimination based on certain classifications.
The Nevada Constitution also prohibits discrimination based on the classifications enumerated in
this ballot measure in various manners. For example, Section 4 of Article 1 of the
Nevada Constitution guarantees the free exercise of religion. In addition, the Nevada Supreme
Court has interpreted the requirement in Section 21 of Article 4 of the Nevada Constitution that
“all laws shall be general and of uniform application throughout the State” to be coextensive with
the guarantees of the Equal Protection Clause of the Fourteenth Amendment to the
U.S. Constitution. (Laakonen v. District Court, 91 Nev. 506, 508 (1975)) Furthermore, the U.S.
Supreme Court has held that states are free to provide additional constitutional protections beyond
those provided by the U.S. Constitution. (California v. Ramos, 463 U.S. 992, 1014 (1983))
Existing Nevada statutory law also prohibits discrimination based on the classifications
enumerated in this ballot measure in various manners. For example, these statutory prohibitions
against discrimination apply to juvenile rights, eligibility for certain grants, housing assistance,
college admission standards, gaming regulations, employment practices, eligibility for
apprenticeships, and places of public accommodation. (See, for example, Nevada Revised Statutes
(NRS) 62B.510, 217.420, 274.140, 281.370, 284.150, 288.270, 319.060, 338.125, 396.530,
463.151, 463.4076, 610.020, 610.150, 613.330, and 651.070.) These laws are a nonexhaustive
listing of Nevada statutory laws that prohibit discrimination based on certain classifications.
This ballot measure proposes to amend the Nevada Constitution by adding a specific guarantee
that equality of rights under the law shall not be denied or abridged by this State or any of its cities,
counties, or other political subdivisions based on race, color, creed, sex, sexual orientation, gender
identity or expression, age, disability, ancestry, or national origin.