Gender Markers in the State of Nevada

There have been some amazing revelations regarding Gender Markers in the State of Nevada.

Previously, you needed a Court Order to change your Gender Marker on your birth certificate.  That provision of the Nevada Administrative Code was repealed on November 2, 2016. 

Nevada’s Bureau of Vital Statistics will now change your Gender Marker on your birth certificates without a Court Order pursuant to NAC 440.030 and NAC 440.035.  First, you will need a self-proclaiming notarized affidavit requesting the Gender Marker change. 

Second, you will need a supplemental affidavit completed by an individual that has personal knowledge and can attest that the person of record has assumed, identifies with and intends to maintain the gender identity that corresponds with the change requested.  This affidavit must also be notarized. This personal knowledge can be gained through firsthand experience or observation.  There are a wide variety of ways to gain personal knowledge; my office can provide you a complete list.

Finally, although a Court Order is no longer needed, I strongly recommend that you obtain a Court Order.  There are a number of States that will not give Full-Faith and Credit to a birth certificate but will recognize Court Orders.*  I can help you obtain this Court Order.  If you cannot afford to obtain a Court Order, I recommend that you contact Nevada Legal Services or the Legal Aid Center of Southern Nevada.  If you qualify, we can get you the Court Order.

For additional information or answers to your questions, please contact my office for a consultation.  Mention this blog and your consultation will be gratis (no charge).

* This depends on the State that issued your birth certificate.  I can help you determine if the State that issued your birth certificate will recognize an Order from a Nevada Court.

Gender Identity and your Gender Marker

Does your gender identity match your documentation? Have you gone through or thought about transitioning genders, but don't know how to navigate the legality of it all?

The answers to these questions just raise more questions. Why is there a gender marker on your birth certificate in the first place? Why does the government need to identify who you are, when they do not even know you? We are not identified by our genitalia! We are identified by the person that we are! Our birth certificates, driver’s license, or passport do not define us. 

I have asked a number of my colleagues these very same questions, which has sparked some very interesting conversations. At the end of the day, not one of them could come up with a reason for a gender marker to be placed on a birth certificate or on a social security account, driver’s license, or passport. 

Sure parents’ might want to know whether to paint the bed nursery blue or pink. And your doctor’s may need to know your gender for health reasons. But the government does not - these gender markers throw up so many obstacles for people later in life.  With that said, unfortunately, we live in a country where we have to have documentation that requires us to chose male or female, but, until that binary requirement changes, I can help. 

Jeremy L. Wallace

If you would like to learn more, go to www.JeremyLWallace.com, http://www.hrc.org, or the http://www.nclrights.org. You will be amazed. 

I have been successful in the Courts obtaining both name changes and gender marker changes for the Transgender Community. You can change your birth certificate (in most States), driver’s license, social security information, and passport to reflect who you truly are. Call my office and schedule a free consultation – I will be your biggest advocate.  If you would like to learn more, contact my office at 702-478-8877.

Transgender 101: The Symposium

Presented by the LGBT Section of the Nevada State Bar
Hosting National & Local Speakers

September 15, 2017 from 9 am to 3 pm at Gay and Lesbian Center of Southern Nevada
401 S. Maryland Parkway, Las Vegas, NV 89101

SCHEDULE

9:00   am - 12:00 pm - The Scenic Route to Manhood, Jeremy Wallace
12:00 pm - 12:30 pm - Lunch (provided)
12:30 pm - 1:15   pm - Transgender Students in Public Schools (CLE)
1:15   pm - 2:00   pm - Getting to the Best Interests with a Transgender Child (CLE)
2:00   pm - 3:00   pm - Name, Gender Marker Changes, and Transgender Legislation (CLE)

All are welcome! Great for attorneys, teachers, parents, counselors and more!
COST: $150, for those who want CLE Credits

Students and Public FREE!

Lunch will be provided!

Sponsored by:
The LGBT Section of the NV State Bar
Claggett & Sykes Law Firm
Shook & Stone

Surratt Law Group
James M. Davis Law Office
Family Law Section
Nevada Legal Services

For registration inquiries, or sponsorship, contact LGBTSection@outlook.com

Las Vegas Veterans Day Freebies

A Thank You To Our Veterans!

There are many places around Las Vegas that will be honoring out Vets in their own special way. Here is a list of businesses who would like to "Thank You" for your service to our Country!

National Parks; Free Entrance for all visitors on Veterans Day.

RTC: With your military i.d. you can get 1/2 off year round. On Veterans Day, you ride for free, with your military i.d.

Sammys WoodFire Pizza and Grill, Sammy's Restaurant and Bar; Two free tapas selections with valid military i.d.

High Roller; Free admission to active military personnel with military i.d.

Planet Hollywood Resort and Casino; 25% off of the following vendors products with military i.d. Spice Market Buffet, Gordo Ramsay BurGR, Starbucks, Extra Lounge, Heart Bar and Ringer Wings and Pizza and Sliders.

Red Robin; Veterans and Active Duty alike can enjoy a free Tavern Double burger with bottomless fries. 

Outback; Free Beverage and Bloomin Onion with military i.d. at participating restaurants.

IHOP; From 7am to 7pm free Red, White and Blue pancakes to veterans and active duty alike.

Terrible's Car Wash; Free car wash and free car care inspection with military i.d.

Fabulous Freddy's; Free Ultra Exterior car wash to veterans and active duty alike with military i.d.

Pizza Forte; Customers who buy discounted products can leave a "thank you" note for a veteran. When veterans arrive they can redeem one of the notes for a complimentary slice or a whole pizza.

Applebees; Free "Thank You" meal to Veterans and active duty alike, while supplies last.

And last but not least...

Buffalo Wild Wings; Veterans and Active duty alike will get a free small order of traditional or boneless wings and a side of fries. Military i.d. required.

The world says "Thank You" for your brave and tireless effort of keeping America free!

You Will Lose Your Drivers License if You Don't Go To School

Your tired, your sick, you just don't feel like it. Those are all the excuses you hear as a parent with a high school student. Even more so here in Las Vegas as there is so much to do.

Well a law has been passed here in Nevada (SB 269) that if your teen has too many unexcused absences he/she will lose their license for a month. On the second offense it will be two months. On the third offense, the rights to the actual license will be revoked and you will have to repeat the course again and issued a new license. If they do not have a license, and have too many unexcused absences, DMV will NOT allow him/her to get his/hers license until the situation is resolved.

If this happens to your child, they will have to print out a form on the DMV website and get it signed by the school BEFORE the license will be reinstated. The law is designed to make sure kids are in class at least 90% of the time.

An actual Truant Officer will confiscate the students license on the spot and then mail it to the DMV.

There has been a struggle on how to enforce this law, the only common denominator is the said license. Assistant Superintendent Tammy Malich has been quoted as saying "Some parents in the district are disengaged" along with "Parents will drop their kids off, but these students won't attend" If you are 18 and are still in the "loss of license" restriction, you will remain so until the remaining time is up.

Malich has also commented " I am a parent and I don't necessarily need a statute that needs to tell me how to parent, as a parent. If you live in my house and I pay your bills, I don't need a statue. You won't drive to school, and not because of Senate Bill 269" 

She continues with “We're looking forward to any initiative that encourages kids to attend school, because if they are not in school, it makes it very difficult for them to pass classes and then graduate,” Malich said.

James M Davis Law Office specialize in Family and Surrogate law. If you need counsel on any family law related issues, please feel free to contact me at anytime at...

(702) 478-8877 

6725 S Eastern Ave, Las Vegas, NV 89119

Robbery and Beat Down Happens at Las Vegas ATM

COURTESY OF METRO POLICE

Picture of assailant caught on surveillance cameras.

On Eastern and Walnut on September 30 at 7:30 am, two armed gunman robbed a person at a Las Vegas ATM. Two suspects approached the victim and forced said victim to get money from the ATM at gun point. After the cash was turned over to the robbers, they then proceeded to inflict body harm, going as far as shooting the victim as well.

Pictures of the assailants have been released and Metro is hoping that someone will come forward and identify the two suspects. Metro believes the ran into a near by neighborhood. As they were caught on surveillance cameras, we know that both are hispanic males, with short dark hair believed to 19-23 years old. One of the assailants was wearing light blue, short sleeved shirt the other was wearing a black t-shirt. 

If you have any information or know who these robbers are please call Metro's Downtown Area Command at702-828-4113 or Crime Stoppers at 702-385-5555. You can also send an Anonymous tip tocrimestopperofnv.com or text to CRIMENV and your tip to 274637.

Unlicensed Medical Clinic Under Investigation by the FBI

This Clark County Detention Center photo of Oct. 2, 2015, shows Rick Van Thiel, 52, of Las Vegas. Van Thiel, a convicted felon in Nevada and California, ...

Las Vegas is a target for all kinds of illegal activity. But an unlicensed doctor  is not the norm. Rick Van Thiel or 'Dr. Rick' as his unfortunate patients would call him, is in custody awaiting a hearing that will be held on October 20, 2015.

The FBI, Southern Nevada Health District and Las Vegas police are actively seeking residents who received a gamut of medical services from "Dr.Rick". From abortions to hormone injections and even dental procedures. All three of these agencies called the so called office of "Dr.Rick" which to no surprise, was a Las Vegas residence.

Neighbors were evacuated by investigators as they had to call in a bomb squad at the suspects address of 4928 East Monroe Avenue. On that same day of September 30 a warranted search of the house was executed.

Apparently the patients found "Dr Rick" through websites like CraigsList with a posted ad. Also other sites called 49days.me and itsonlynatural.me. 

Don't ever go to a residential home for medical services. I know most of you would think that should be just common sense, but this did happen, so there is still a need for education and awareness. Low cost medical services are available, but if they practice those services out of their home, you should be aware, ask for credentials, ask a lot of questions and if you are still not sure, call the Southern Nevada Health District, they will be able to guide you in the right direction. All doctors must be licensed, call  Nevada State Medical Association at 702-798-6711 before you have any medical procedures done, it may save your life!

James M Davis Law Office