MAPS OF STATE LAWS & POLICIES

STATEWIDE EMPLOYMENT LAWS & POLICIES

The Federal Equal Employment Opportunity Commission is currently accepting complaints of sexual orientation and gender identity discrimination in employment based on Title VII’s prohibition against sex discrimination.

• States that prohibit discrimination based on sexual orientation and gender identity
• States that prohibit discrimination based on sexual orientation only
• States that prohibit discrimination against public employees based on sexual orientation and gender identity
• States that prohibit discrimination against public employees based on sexual orientation only

*State courts, commissions, agencies, or attorney general have interpreted the existing law to include some protection against discrimination against transgender individuals in Florida and New York.

*North Carolina's executive order enumerates sexual orientation and gender identity. However, this order has a bathroom carve out for transgender employees making the executive order not fully-inclusive.

GENDER MARKER CHANGE ON IDENTIFICATION DOCUMENTS

• States with laws and policies that facilitate gender marker change on driver's licenses
• States with laws and policies that facilitate gender marker change on birth certificates
• States with laws and policies that facilitate gender marker change on both birth certificates and driver's licenses

TRANSGENDER HEALTHCARE

• States with bans on insurance exclusions for transgender healthcare
• States with transgender-inclusive health benefits for state employees
• States that have both bans on insurance exclusions for transgender healthcare and provide transgender inclusive health benefits for state employees

STATEWIDE HOUSING LAWS & POLICIES

• States that prohibit housing discrimination based on sexual orientation and gender identity
• States that prohibit housing discrimination based on sexual orientation only

Federal Requirements: The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state.

STATEWIDE PUBLIC ACCOMMODATIONS LAWS & POLICIES

Public accommodations refers to both governmental entities and private businesses that provide services to the general public such as restaurants, movie theaters, libraries and shops. It does not encompass private clubs that have a membership or dues process:

• States that prohibit discrimination based on sexual orientation and gender identity
• States that prohibit discrimination based on sexual orientation only

MARRIAGE EQUALITY AND OTHER RELATIONSHIP RECOGNITION LAWS

• States that issue marriage licenses to same-sex couples
• States in which same-sex couples legally married prior to a court stay
• Historical Category: States that provided comprehensive civil unions or domestic partnerships prior to issuing marriage licenses to same-sex couples
• Historical Category: States that provided limited statewide spousal rights prior to issuing marriage licenses to same-sex couples

*States that, in addition to marriage equality, provide either civil unions or domestic partnerships to same-sex couples within the state (9 states and D.C.): California (domestic partnerships), Colorado (civil unions), District of Columbia (domestic partnerships), Hawaii (civil unions), Illinois (civil unions) Maine (limited domestic partnerships), Nevada (domestic partnerships), New Jersey (civil unions), Oregon (domestic partnerships), Washington (limited domestic partnerships) and Wisconsin (domestic partnerships).

STATE HATE CRIMES

All but five states (Arkansas, Georgia, Indiana, South Carolina and Wyoming) have laws addressing the scourge of hate crimes, but there is variation in the list of protected classes. The laws that address hate or bias crimes against LGBT people are as follows.

• States that have a law that addresses hate or bias crimes based on sexual orientation and gender identity
• States that have a law that addresses hate or bias crimes based on sexual orientation only

*Laws lacking LGBT inclusion: States that have a law that addresses hate or bias crimes based, but do not address sexual orientation or gender identity (15 states): Alabama, Alaska, Idaho, Michigan, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Utah (no categories listed), Virginia and West Virginia.

**Data Collection Only: Indiana (sexual orientation), Michigan (sexual orientation) and Rhode Island (gender identity).

STATEWIDE SCHOOL ANTI-BULLYING LAWS & POLICIES

Many states explicitly address harassment and/or bullying of elementary and high school students, though not all are LGBT inclusive. These protections can be in the form of statutory law, regulation or ethical codes of conduct for teachers. The states that explicitly address these issues for LGBT students are as follows.

• States with laws that address harassment and/or bullying of students based on sexual orientation and gender identity
• States with anti-bullying laws that prevent school districts from specifically protecting LGBT students
• States with laws that restrict the inclusion of LGBT topics in schools

* Regulations and Ethical Codes of Conduct: States with school regulation or ethical code for teachers that addresses harassment and/or bullying of students based on sexual orientation (3 states): New Mexico (regulation), Pennsylvania (regulation) and Utah (code of ethics). States with school regulation or ethical code for teachers that addresses discrimination, harassment and/or bullying of students based on both sexual
orientation and gender identity (2 states): Hawaii (regulation) and West Virginia (regulation).

** Policies/No Categories: States that prohibit bullying in schools but list no categories of protection (25 states): Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin and Wyoming.

Please note that the quality of anti-bullying laws varies drastically from state to state. This map is only a reflection of the existence of such laws and policies.

STATEWIDE SCHOOL NON-DISCRIMINATION LAWS & POLICIES

Increasingly, states are explicitly addressing discrimination against LGBT elementary and high school students. These protections can be in the form of statutory law, regulation or ethical codes of conduct for teachers. The states that explicitly
address discrimination against LGBT students are as follows.

• States with law that addresses discrimination against students based on sexual orientation and gender identity
• States with law that addresses discrimination against students based on sexual orientation only