LGBTQ rights in Kentucky | |
---|---|
Status | Legal since 1992 ( Kentucky v. Wasson ) |
Gender identity | Transgender individuals may alter their birth certificate after sex-reassignment surgery |
Discrimination protections | Sexual orientation and gender identity protections (see below) |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 |
Restrictions | Kentucky Constitutional Amendment 1 limits marriage to one man and one woman (not enforceable), and prohibits non-marriage same-sex unions. |
Adoption | Single homosexuals may adopt |
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges . The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Like some Southern states in the U.S., Kentucky has generally been viewed as socially conservative; however, recent polls indicate that a slim majority (51 percent) of Kentuckians support same-sex marriage, and support has been increasing over time. [1] In 2010, Lexington elected its first openly gay mayor, Jim Gray, who went on to become the first openly LGBT Senate candidate from Kentucky in 2016. [2] Several cities in the state prohibit discrimination in employment, housing, and accommodations based on sexual orientation and gender identity. The Louisville-based Fairness Campaign, founded in 1991, is the state's oldest and largest LGBT advocacy organization in operation. [3] In 2008, a Fairness Coalition [4] was formed to collectively advance LGBT anti-discrimination protections in the commonwealth; its members are the American Civil Liberties Union of Kentucky, [5] Fairness Campaign, Kentucky Commission on Human Rights, and Lexington Fairness. [6]
In 1992, the Kentucky Supreme Court ruled the section of Kentucky's sodomy statute criminalizing consensual sodomy violated the Kentucky state constitution. In overturning the consensual sodomy statute (KRS 510.100) in the Kentucky v. Wasson case, the Kentucky Supreme Court decriminalized consensual sodomy. The statute remains on the books but remains unenforceable. In Lawrence v. Texas , the 2003 U.S. Supreme Court ruling overturning the remaining state sodomy laws, the U.S. Supreme Court further affirmed that such statutes violate the U.S. Constitution.
The former Kentucky statute criminalized consensual sexual relations between people of the same sex, even if conducted in private. Specifically, the law criminalized genital-oral (oral sex), genital-anal (anal sex), and anal-oral (rimming) sex – but only between partners of the same sex. Such sexual activities between mixed-sex (male-female) couples were legal. Such conduct was a misdemeanor punishable by up to 12 months in jail and a fine of up to $500. Solicitation of same was also a misdemeanor, punishable by up to 90 days in jail and a fine of up to $250.
Historically, Kentucky's sodomy statutes had changed over time. The 1860 sodomy statute criminalized anal penetration by a penis and applied to both male-female couples and male-male couples. Because the law focused exclusively on penile-anal penetration, consensual sex between women was technically legal in Kentucky until 1974. In fact, in 1909 the Kentucky Supreme Court issued a ruling in Commonwealth v. Poindexter involving two African-American men arrested for consensual oral sex. In this decision the court upheld that the then current sodomy law did not criminalize oral sex but only anal sex.
In 1974, Kentucky revised its statutes as part of a penal code reform advocated by the American Law Institute. While the American Law Institute urged states to decriminalize consensual sodomy and other victimless crimes, the Kentucky legislature chose to decriminalize anal sex involving male-female couples but to broaden the new statute to criminalize anal-genital, oral-genital, and oral-anal sexual contact involving same-sex couples (both male-male and female-female couples). [7] Thus, the 1974 revised statute decriminalized consensual anal sex for mixed-sex couples but expanded criminalization of sexual acts to include both male and female same-sex couples. Kentucky also reduced consensual sodomy from a felony to a misdemeanor in 1974. [8] It was this final remaining consensual sodomy statute, which criminalized only same-sex behavior, which was ruled unconstitutional by the Kentucky Supreme Court in Kentucky v. Wasson in 1992. [9]
On November 9, 1973, the Kentucky Court of Appeals ruled in Jones v. Hallahan that two women were properly denied a marriage license based on dictionary definitions of marriage, despite the fact that state statutes do not restrict marriage to a female-male couple. Its decision said that "in substance, the relationship proposed ... is not a marriage." [10]
Kentucky voters adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a woman and prohibited the recognition of same-sex relationships under any other name. [11] Similar restrictions have appeared in the state statutes since July 1998 as well. [12]
Kentucky has extended hospital visitation rights to same-sex couples through a designated visitor statute. [13]
Two lawsuits filed in federal court in (Bourke v. Beshear) 2013 and (Love v. Beshear) 2014 have challenged Kentucky's denial of marriage licenses to same-sex couples (Love case) as well as the state's refusal to recognize same-sex marriages established in other jurisdictions (Bourke case). The plaintiffs in the Bourke case won recognition of their marriages on February 12, 2014, and on February 14, 2014, the Love case was filed in order for couples to be allowed to marry in Kentucky. The Love was ruled on in July 2014 in the U.S. District Court in Louisville Kentucky. On appeal, the Sixth Circuit Court of Appeals heard oral arguments on August 6, 2014. The Sixth Circuit overturned the rules in favor of the same-sex couples from Kentucky, Ohio, Tennessee and Michigan. The cases were appealed to the U.S. Supreme Court under the Obergefell case name. On June 26, 2015, the Supreme Court ruled that all states in the U.S. were required to recognize the marriages of, and provide marriage licenses to same-sex couples. [14]
In September 2023, a same-sex couple won $100,000 awards in damages by a court jury because Kentucky county clerk Kim Davis denied a marriage license to the couple eight years earlier. [15]
Kentucky permits adoption by individuals or married couples only. In February 2009 Senate Bill 68 (SB 68) [16] was introduced to the Kentucky Senate by Senator Gary Tapp (R-Waddy). If passed, SB 68 would have barred any unmarried cohabiting couples from fostering or adopting children in Kentucky. Many Kentucky fairness supporters, along with foster and adoption agencies, rallied against the bill. The Senate Judiciary Committee passed SB 68 in a hastily called, unadvertised meeting upon Senate adjournment March 5, 2009, [17] but it died when the legislative session ended without the full Senate putting SB 68 to a vote. This was the first time a piece of anti-LGBT legislation had passed a Kentucky Senate Committee without also passing the full chamber. [18] On January 5, 2010, House Bill 195 (HB 195) was introduced to the Kentucky House by Representative Tom Burch (D-Louisville). [19] If passed, HB 195 would have redefined stepparent to include any non-relative adult person who the court finds as sharing parental responsibility for the child. The House Health and Welfare Committee held an informational hearing on HB 195 on March 11, 2010—the first-ever hearing of a pro-LGBT piece of legislation in the Kentucky General Assembly. HB 195 did not receive a vote but further informational hearings were requested. [20]
Public employment discrimination against state workers based on sexual orientation or gender identity is illegal under an executive order by Governor Steve Beshear (Democrat) in June 2008. Such discrimination was originally banned by an executive order by Governor Paul Patton (Democrat) under an executive order issued by him in 2003. When Republican Governor Ernie Fletcher took office, however, he removed these protections in 2006. Thus, Beshear's order reinstates such protections. [21]
In February 2013, Berea Mayor Steve Connelly banned discrimination on the basis of actual or perceived sexual orientation via executive order. The order applies only to the town's 130 public employees. [22]
Nineteen Kentucky cities have local non-discrimination ordinances—or Fairness Ordinances—covering sexual orientation and gender identity: Lexington-Fayette County (1999), Louisville Metro (1999), Covington (2003), Frankfort (2013), Morehead (2013), Vicco (2013), Danville (2014), Midway (2015), Paducah (2018), Maysville (2018), Bellevue (2019), Dayton (2019), Georgetown (2019), Henderson (2019), Highland Heights (2019), Versailles (2019), Cold Spring (2020), Fort Thomas (2020), and Newport (2020). Henderson originally adopted a non-discrimination ordinance in 1999, but a subsequent group of city commissioners removed the protections in 2001. A similar ordinance was passed into law there in 2019. [23]
Some of Kentucky's largest employers also ban sexual orientation discrimination through company policies and include such employers as Lexmark, the University of Kentucky, the University of Louisville, Toyota, Ford Motor Company, General Electric, PNC Financial Services, Yum! Brands and United Parcel Service. [24]
In January 2013 Vicco, Kentucky, a town with a population of 334 as of the 2010 census with a gay mayor, Johnny Cummings, passed a town ordinance prohibiting "discrimination in employment, housing, and public accommodations based upon a person's actual or perceived sexual orientation and gender identity". Vicco joined Covington, which enacted a similar ordinance in 2003, and Lexington and Louisville, which did so in 1999. [25] [26] Vicco, KY was said to be the smallest town in the United States to pass such an ordinance. [27]
In March 2013, both houses of the Kentucky legislature passed the Religious Freedom Act which requires the state to show "clear and convincing evidence" for any statutes or policies that infringe on an individual's "sincerely held religious beliefs". [lower-alpha 1] The bill was supported by the Kentucky Family Foundation and the Kentucky Catholic Conference. More than 50 civil rights, public health, religious and other community groups urged Governor Steve Beshear to veto the legislation, including the Kentucky League of Cities, the Kentucky Association of Counties, the Kentucky ACLU and the mayors of Louisville and Covington. Opponents argued its wording was vague and could be used to override local non-discrimination ordinances. Supporters, including the bill's sponsor, Representative Bob Damron, argued it was needed to protect religious believers from state encroachment, citing the case of several Kentucky Amish who were arrested for refusing to put reflectors on their buggies when traveling government-maintained roads. Beshear vetoed the bill and the legislature overrode his veto by votes of 79–15 in the House and 32–6 in the Senate. [29]
In March 2017 Kentucky Governor Matt Bevin signed into effect Senate Bill 17 (abbreviated as SB 17). This premise of this piece of legislation is to allow greater freedom of religion in public schools. Some of the main points of this law include allowing student religious organizations to use school facilities during non instructional hours, allowing students to display religious messages on clothing and allowing instructors to teach about religious holidays with the use of the Bible or other religious scriptures.
Controversy about this law stems from its implication that student religious organizations in public schools can discriminate against other students, for example, on the basis of their religious identity or sexual orientation. This conclusion is primarily drawn from the clause, "no recognized religious or political student organization is discriminated against in the ordering of its internal affairs."
Many advocates for LGBTQ-rights claim that this law is anti-LGBTQ, and that religious freedom is just a guise to limit the rights of LGBTQ students. Furthermore, there is also concern surrounding the fact that this law pertains to public schools, which receive federal funding and are therefore under many of its rules and limitations when comes to public education.
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBTQ people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she was transgender and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God’s commands because a person’s sex is an immutable God-given fit." [30] With this decision, discrimination in the workplace based on gender identity is now banned in Kentucky.
In August 2020, a district court judge appointed by Trump allowed a photographer within Kentucky to refuse taking pictures of a same-sex marriage - due to an individual's held religious affiliation and beliefs. [31] [32]
In his ruling, the judge wrote that “Christian” photographer Chelsey Walker cannot be compelled to take photos of same-sex weddings, even though she offers her photography as a public business, because her photos are “art” and art is a form of “speech.” Therefore, no government can force people to make any speech against their will. The judge said that requiring her to take photos of gay weddings would also go against Walker's religious beliefs.
Kentucky statutes cover hate crimes based on sexual orientation but not gender identity. [33]
On March 15, 2012, the Kentucky State Police assisted the FBI in arresting David Jenkins, Anthony Jenkins, Mable Jenkins, and Alexis Jenkins of Partridge for the beating of Kevin Pennington during a late-night attack in April 2011 at Kingdom Come State Park, [34] [35] near Cumberland. The push came from the gay rights group Kentucky Equality Federation, whose president, Jordan Palmer, began lobbying the U.S. Attorney for the Eastern District of Kentucky in August 2011 to prosecute after stating he had no confidence in the Harlan County Commonwealth's Attorney to act. [36] [37] "I think the case's notoriety may have derived in large part from the Kentucky Equality Federation efforts," said Harvey, the U.S. Attorney for the Eastern District of Kentucky. [38] Mable Jenkins and Alexis Jenkins pleaded guilty. [38]
Kentucky permits post-operative transgender people to amend their sex on their birth certificates. [39] A letter from the doctor stating that gender affirming surgery has been performed can be sent directly to the Department of Vital Statistics in Frankfort, prior to this, a Court Order was required for the gender change for a Kentucky born person.
Minors cannot receive gender-affirming care as of July 14, 2023. [40] There is no phaseout period for those already receiving such care. On September 28, 2023, federal appeals judges allowed the ban to remain in effect while legal challenges to overturn it are pending. [41]
In March 2022, the Kentucky General Assembly passed a bill (SB83) to ban transgender individuals from female sports teams. The Governor of Kentucky Andy Beshear vetoed the bill a month later in April 2022, due to "constitutionality and legal vagueness concerns". In the same month, the Kentucky General Assembly overrode the veto, and the law went into effect immediately. [42] [43] [44] [45] [46]
In February 2023, Republican state legislators introduced House Bill 470, which would do the following:
A Mason-Dixon poll found that 71% of Kentuckians opposed the bill, while 21% were in favor, and 8% undecided. [51]
On March 2, 2023, the state House judiciary committee advanced the bill. Within hours, the full House passed the bill, sending it on to the state senate. Protests simultaneously took place both inside and outside the state capitol, with chanting audible while the House passed the bill. [52] [53] On March 17, 2023, the legislature passed a version of an anti-transgender bill that included the ban on gender-affirming care for minors. The Governor of Kentucky vetoed the bill. The Legislature has the power to override the veto with just a formal "simple majority vote" in each house. [54] On March 29, the GOP-led legislature overrode the veto, while protests took place in the gallery. Once the veto was overrode and the bill passed into law, police arrested 19 protesters and charged them with criminal trespassing. [55]
Conversion therapy on minors is illegal in Kentucky since September 18, 2024, when Governor Beshear signed an executive order. [56]
Several cities in Kentucky had previously banned it: the first was Covington in March 2020 (by a vote of 5–0), [57] [58] the second was Louisville in September 2020 (by a vote of 24–1), [59] [60] [61] [62] and the third was Lexington in May 2021 (by a unanimous vote by the Lexington-Fayette Urban County Council). [63] [64]
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nevada enjoy the same rights as non-LGBTQ people. Same-sex marriage has been legal since October 8, 2014, due to the federal Ninth Circuit Court of Appeals ruling in Sevcik v. Sandoval. Same-sex couples may also enter a domestic partnership status that provides many of the same rights and responsibilities as marriage. However, domestic partners lack the same rights to medical coverage as their married counterparts and their parental rights are not as well defined. Same-sex couples are also allowed to adopt, and state law prohibits unfair discrimination on the basis of sexual orientation and gender identity, among other categories, in employment, housing and public accommodations. In addition, conversion therapy on minors is outlawed in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Louisiana may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Louisiana as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized in the state since June 2015 as a result of the Supreme Court's decision in Obergefell v. Hodges.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of West Virginia face legal challenges not faced by non-LGBT persons. Same-sex sexual activity has been legal since 1976, and same-sex marriage has been recognized since October 2014. West Virginia statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal.
Vermont is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, with most progress in jurisprudence having occurred in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples prior to the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
The establishment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maine have the same legal rights as non-LGBTQ people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Hawaii enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wisconsin enjoy most of the same rights as non-LGBTQ people. However, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBTQ residents, or LGBT residents of other states with more liberal laws.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.
Lesbian, gay, bisexual transgender, and queer (LGBTQ) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBTQ people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBTQ people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Alaska have evolved significantly over the years. Since 1980, same-sex sexual conduct has been allowed, and same-sex couples can marry since October 2014. The state offers few legal protections against discrimination on the basis of sexual orientation and gender identity, leaving LGBTQ people vulnerable to discrimination in housing and public accommodations; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, four Alaskan cities, Anchorage, Juneau, Sitka and Ketchikan, representing about 46% of the state population, have passed discrimination protections for housing and public accommodations.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Oklahoma face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Oklahoma as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Both same-sex marriage and adoption by same-sex couples have been permitted since October 2014. State statutes do not prohibit discrimination based on sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal. This practice may still continue, as Oklahoma is an at-will employment state and it is still legal to fire an employee without requiring the employer to disclose any reason.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBTQ residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in Mississippi as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.
The Fairness Campaign is a Louisville, Kentucky-based lobbying and advocacy organization, focusing primarily on preventing discrimination on the basis of sexual orientation and gender identity. The Fairness Campaign is recognized by the IRS as a 501(c)(4) organization. The organization is a member of the Equality Federation.