Question 2 removes ableist language from Nevada Constitution

By Jeniffer Solis

Nevada Current

Nevada voters will decide whether to remove outdated language used to describe people with disabilities from the state constitution and replace them with more modern terms. 

Question 2 on the 2024 ballot this November would remove the words “insane,” “deaf” and “dumb” from Section 1 of Article 13 of the Nevada Constitution, and replace them with more inclusive person-first language, including “persons with a significant mental illness, persons who are blind or visually impaired or persons who are deaf or hard of hearing.”

The measure would also replace the term “institutions” with “entities,” distancing itself from the term “institutionalized” when describing social programs that help people with intellectual or developmental disabilities.

In order for the Nevada State Legislature to place a constitutional amendment on the ballot for voters to approve, it needs to pass in two consecutive sessions. 

The measure was first introduced by then-Assemblywoman Robin Titus (R-Wellington) during the 2021 Legislative Session as AJR1, where it received unanimous bipartisan support from the assembly and senate. It was passed unanimously by both houses again during the 2023 legislative session.

Titus, now a state senator, said the idea to change the language surrounding disabilities in the Nevada Constitution was introduced by a middle school special education teacher who teaches American Sign Language in an after-school program.

“We know that words matter, and when you stigmatize individuals with such a term, it may lead to negative results in the long run,” said Titus in remarks to the Assembly Committee on Health and Human Services in 2021. “Research has shown that stigmatizing persons with a significant mental illness may create barriers for them. They may face discrimination and prejudice when renting homes, applying for jobs, or accessing mental health services.”

When the Nevada Constitution was originally written 160 years ago, different terms were used to describe people with disabilities. That language has remained unchanged in state law, leading to repeated use by lawyers, judges, social workers, and others who reference the law in their work.

A similar measure on North Dakota’s 2024 ballot would update names such as “state hospital for the insane” with language like “for the care of individuals with mental illness.”

There is no formal opposition to either state’s ballot measures, or political action committees registered in support, or opposition to the ballot question. The financial impact of the measure could not be determined, according to the Legislative Counsel Bureau.