LGBTQ rights in Mississippi

Last updated

LGBTQ rights in Mississippi
Map of USA MS.svg
Mississippi (USA)
Status Legal since 2003
Gender identity Altering sex on identity documents does not require sex reassignment surgery
Discrimination protections Employment protections for sexual orientation and gender identity ( Bostock v. Clayton County )
Family rights
Recognition of relationships Same-sex marriage since 2015
Adoption Joint and stepchild adoption legal

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.

Contents

A Deep Southern Bible Belt state, Mississippi is known for being among the most socially conservative states in the country. A 2017 opinion poll showed that Mississippi, alongside Alabama, was one of only two states in the country where opposition to same-sex marriage outnumbered support. Additionally, the state has passed various religious freedom laws designed to protect religious beliefs, though these laws have been criticized for "giving religious people a license to discriminate" against LGBTQ people and have provoked both domestic and international backlash. Mississippi was the last state to allow same-sex couples to adopt after a federal judge ruled in May 2016 that the adoption ban unconstitutional. Recent opinion polls have reported a trend in support for some LGBTQ rights, with a majority of Mississippi residents now favoring an anti-discrimination law covering sexual orientation and gender identity. [1]

Legality of same-sex sexual activity

Mississippi enacted its first criminal provision dealing with sodomy in 1839, which was defined via the common law. The law provided punishment of up to ten years' imprisonment for anal sex (both homosexual and heterosexual). It also applied to private consensual activity. In 1937, in the first sodomy court case in the state, the Supreme Court of Mississippi held, in State v. Hill, that cunnilingus was not a "crime against nature" and thus not criminal. In 1942, the Mississippi Legislature authorized a recodification of state law with that power given to the Attorney General. The Attorney General changed the heading over the sodomy law from "crime against nature" to "unnatural intercourse". Due to this change, the Mississippi Supreme Court ruled in 1955 in State v. Davis that cases of fellatio (oral sex) could also be prosecuted. [2]

The sodomy law was upheld twice as constitutional by the Mississippi Supreme Court, first in State v. Mays in 1976 and then in 1994 in Miller v. State. In 1995, the state passed a "sex offender registration law" requiring those convicted under the sodomy law to register their address with the sheriff and notify any change in address. Additionally, under a 1987 law, employers were permitted to ask the State Attorney General if a potential employee had committed a sex offense, including consensual sodomy. [2]

Same-sex sexual activity has been legal in Mississippi since 2003, when the United States Supreme Court struck down all state sodomy laws in the case of Lawrence v. Texas . [3]

In July 2023, it was revealed recently that Mississippi taxpayers had to pay attorney fees of $400,000 (because of ongoing litigations and liabilities continuously through the state and federal courts for 20 years since 2003 to 2023). [4]

Recognition of same-sex relationships

On August 24, 1996, Governor Kirk Fordice issued an executive order banning same-sex marriage in the state. [5] A statute banning same-sex marriage took effect on February 12, 1997. [6] On November 4, 2004, voters approved a constitutional amendment that defined marriage as the union of one man and one woman. [7]

On November 25, 2014, Carlton W. Reeves, district judge of the U.S. District Court for the Southern District of Mississippi, ruled Mississippi's ban on same-sex marriage unconstitutional, but stayed enforcement of his ruling until December 9. [8] On December 4, the Fifth Circuit Court of Appeals issued a stay pending appeal. [9]

On June 29, 2015, following the ruling of the U.S. Supreme Court on June 26 in Obergefell v. Hodges , Attorney General Jim Hood informed the state's circuit clerks that they could issue marriage licenses to same-sex couples and that refusal to do so might invite lawsuits on the part of those denied licenses. [10]

Adoption and parenting

Mississippi has been required to recognize adoption rights for same-sex couples since a federal court ruling in March 2016 struck down a statutory ban on same-sex couples adopting children jointly. The following details the history of this process.

Mississippi has always permitted adoption by an unmarried adult without regard to sexual orientation. Couples of the same gender were not able to adopt jointly as a result of the state passing a law banning adoption and fostering by same-sex couples in 2000. By 2015, Mississippi was the only state that continued to enforce such a ban. [11] [12]

In February 2013, Ronnie Musgrove, who as governor in 2000 had signed the ban, described how his views had changed and that the law "made it harder for an untold number of children to grow up in happy, healthy homes in Mississippi–and that breaks my heart". [13] On August 12, 2015, the Campaign for Southern Equality, the Family Equality Council, and four Mississippi same-sex couples filed a lawsuit challenging that ban in federal court. Their complaint noted that as of 2014 29% of Mississippi households headed by a same-sex-couple included children under the age of 18, the highest percentage in any U.S. state. [12]

On March 31, 2016, U.S. District Judge Daniel Porter Jordan III issued a preliminary injunction striking down Mississippi's ban on adoption rights for same-sex couples, declaring it unconstitutional. A spokeswoman for the state's Attorney General responded to the ruling by stating; "We respect the district court's analysis of the law and will consult with the Department of Human Services on what options to take going forward." Any appeal was considered unlikely to succeed. The ruling made Mississippi the final state in the United States to allow same-sex couples to adopt. [14] [15] [16] The ban was officially declared dead on May 2, 2016 after a deadline passed at midnight for Mississippi officials to appeal the court ruling. One of the plaintiffs, Susan Hrostowski along with her wife, Kathryn Garner, said: "I've been waiting 16 years to be able to adopt my son, so I'm overjoyed about that." [17] [18]

Lesbian couples have access to in vitro fertilization. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married. [19] Surrogacy is neither expressly prohibited nor permitted in Mississippi. However, courts are generally favorable to surrogacy, but may require the couple to be married with at least one partner who is genetically related to the child. Same-sex couples are treated in the same manner as opposite-sex couples in using the gestational or traditional surrogacy process. [20]

Discrimination protections

Map of Mississippi cities that had sexual orientation and/or gender identity anti-employment discrimination ordinances prior to Bostock .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Sexual orientation and gender identity with anti-employment discrimination ordinance Sexual orientation and gender identity solely in public employment Does not protect sexual orientation and gender identity in employment Mississippi counties and cities with sexual orientation and gender identity protection.svg
Map of Mississippi cities that had sexual orientation and/or gender identity anti–employment discrimination ordinances prior to Bostock
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation and gender identity solely in public employment
  Does not protect sexual orientation and gender identity in employment

Mississippi statutes do not address discrimination based on gender identity or sexual orientation. [21]

The state capital of Jackson and the cities of Clarksdale, [22] Holly Springs, [23] and Magnolia have approved ordinances banning discrimination based on sexual orientation and gender identity in public and private employment, housing and public accommodations. [24] [25] In addition, Hattiesburg, Oxford, and Starkville have similar protections but for city employees only. [26] [27] [28]

Bostock v. Clayton County

On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, consolidated with Altitude Express, Inc. v. Zarda , and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission that discrimination in the workplace on the basis of sexual orientation or gender identity is discrimination on the basis of sex, and Title VII therefore protects LGBT employees from discrimination. [29] [30] [31]

Religious freedom

The Mississippi Student Religious Liberties Act of 2013 protects the views of students in any educational institution from being reprimanded for their religious views.

The Mississippi Religious Freedom Restoration Act protects religious people from legal repercussions if they verbally condemn the "lifestyle" or "actions" of LGBT persons.

Passed in 2016, the Religious Liberty Accommodations Act protects the beliefs that "marriage should be the union of one man and one woman, sexual relations are properly reserved to such a marriage, and male and female refer to an individual's biological sex as objectively determined by anatomy and genetics at time of birth". [32] Soon after the bill's passage, many states and cities banned public travel to Mississippi. [33] [34] The bill was due to go into effect on July 1, 2016. On June 30, however, U.S. District Court Judge Carlton W. Reeves issued a preliminary injunction blocking the law. [35] On June 23, 2017, the Fifth Circuit Court of Appeals lifted the injunction as the plaintiffs in the case lacked standing, thus allowing the law to go into effect.

Local non-discrimination resolutions

The following cities have passed resolutions supporting the LGBT community:

Starkville passed a similar resolution in January 2014. On January 6, 2015, however, the Starkville City Council voted 5–2 to repeal the equality resolution. [46] [47] On January 8, 2015, Mayor Parker Wiseman vetoed the measure, [48] but on January 21, 2015 the City Council voted 5–2 to override Wiseman's veto and repeal the equality resolution. [49]

Transgender rights

Healthcare

On February 28, 2023, Governor Tate Reeves signed a bill to ban gender affirming healthcare for any trans person under 18 years old, [50] which both houses of the state legislature had passed earlier that month. [51] Its authors call it the “Regulate Experiment Adolescent Procedures" (REAP) Act. [52] Utah and South Dakota had already passed similar bills within the preceding month, making Mississippi the third state to do so.

Identity documents

Generally, transgender people in Mississippi are allowed to change the gender marker on their identity documents.

The Real You Act of 2022

On January 17, 2022, state senator Chad McMahan introduced a bill to prevent some people from changing their name and gender. If the bill passed, it would have:

  • No incarcerated person convicted of a state or federal crime would be permitted to petition for a name change unless the request came from the district attorney, county sheriff, or state Department of Corrections commissioner or chaplain.
  • No minor would be allowed to petition for a gender change without three written letters from a physician, psychiatrist, and chancery clerk. [53]

The bill was referred a judiciary committee and died on the Senate calendar in February 2022, [53] though the prohibition on inmate name changes passed via separate legislation. [54]

Birth certificate

The Mississippi Vital Records will issue an amended birth certificate with a new name and gender marker "upon receipt of a certified court order, a medical statement that attests to the reassignment, and the required fee." However, the amended birth certificate will display both the current and former information. [55]

Driver's license

Since November 1, 2021, to update a driver's license, applicants must fill out a "Gender Designation Form" and have it signed by a professional such as a physician or psychotherapist. Previously, the Department of Public Safety required a court order or an amended birth certificate. [55] [56] [57]

Sports ban

In February and March 2021, the Mississippi Legislature passed a bill (known as SB 2536) by a vote of 34–9 in the Senate and 81–28 in the House to ban transgender individuals from participating in athletic sports or Olympic events which correlate with their gender identity. According to the bill, any athlete whose sex someone disputes will have to provide a signed statement from a physician attesting to their genitalia, DNA, and hormone levels. [58] [59] [60] [61] [62] [63] Governor Tate Reeves signed the bill into law on March 11, with it expected to go into force on July 1. [64] [65] [66]

College bathrooms and dorms

On May 13, 2024, Governor Tate Reeves signed a law that requires people to use public school bathrooms according to their own sex as "determined solely by a birth." The law took effect immediately. The Mississippi Legislature had passed the bill earlier that month [67] [68] [69]

Hate crime law

State law does not address hate crimes based on gender identity or sexual orientation. [70] However, federal law has covered both categories since 2009, when the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Barack Obama. Hate crimes committed on the basis of the victim's sexual orientation or gender identity can thus be prosecuted in federal court.

Freedom of expression

In 2018, the city of Starkville banned an LGBT pride parade from taking place. Following backlash and legal action, the city allowed the event to happen. It was held on March 24, 2018 and was the largest parade in the city's history, with about 3,000 people in attendance. [71]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 2003 under Lawrence v. Texas )
Equal age of consent Yes check.svg
Anti-discrimination laws in employment Yes check.svg (Since 2020 under Bostock v. Clayton County )
Anti-discrimination laws in housing and public accommodations X mark.svg / Yes check.svg (In some cities)
Same-sex marriages Yes check.svg (Since 2015 under Obergefell v. Hodges )
Stepchild and joint adoption by same-sex couples Yes check.svg (Since 2016)
Lesbian, gay and bisexual people allowed to serve openly in the military Yes check.svg (Since 2011)
Transgender people allowed to serve openly in the military Yes check.svg (Since 2021) [72]
Intersex people allowed to serve openly in the military X mark.svg (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military) [73]
Right to change legal gender Yes check.svg
Access to IVF for lesbian couples Yes check.svg
Gay and trans panic defense banned X mark.svg
Conversion therapy banned on minors X mark.svg
Third gender option X mark.svg
Commercial surrogacy for gay male couples Yes check.svg
MSMs allowed to donate blood Yes check.svg / X mark.svg (Since 2020; 3-month deferral period) [74]

See also

Related Research Articles

<span class="mw-page-title-main">LGBTQ rights in Wyoming</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Louisiana</span>

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. New Orleans, the state's largest city, is regarded as a hotspot for the LGBTQ community.

<span class="mw-page-title-main">LGBTQ rights in New Jersey</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.

<span class="mw-page-title-main">LGBTQ rights in Florida</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in the U.S. state of Florida have federal protections, but many face legal difficulties on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since January 6, 2015. Discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations is outlawed following the U.S. Supreme Court's ruling in Bostock v. Clayton County. In addition, several cities and counties, comprising about 55 percent of Florida's population, have enacted anti-discrimination ordinances. These include Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Tallahassee and West Palm Beach, among others. Conversion therapy is also banned in a number of cities in the state, mainly in the Miami metropolitan area, but has been struck down by the 11th Circuit Court of Appeals. In September 2023, Lake Worth Beach, Florida became an official "LGBT sanctuary city" to protect and defend LGBT rights.

<span class="mw-page-title-main">LGBTQ rights in Connecticut</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Wisconsin</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Oregon</span>

Lesbian, gay, bisexual, and transgender, and queer (LGBTQ) people in the U.S. state of Oregon have the same legal rights as non-LGBTQ people. Oregon became one of the first U.S. jurisdictions to decriminalize sodomy in 1972, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.

<span class="mw-page-title-main">LGBTQ rights in Pennsylvania</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.

<span class="mw-page-title-main">LGBTQ rights in North Carolina</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Arkansas</span>

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 in Arkansas was decriminalized in 2001 and legally codified in 2005. 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.

<span class="mw-page-title-main">LGBTQ rights in Arizona</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBTQ people from unfair discrimination in employment, housing and public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Indiana</span>

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.

<span class="mw-page-title-main">LGBTQ rights in North Dakota</span>

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.

<span class="mw-page-title-main">LGBTQ rights in South Dakota</span>

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.

<span class="mw-page-title-main">LGBTQ rights in South Carolina</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Carolina may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.

<span class="mw-page-title-main">LGBTQ rights in Nebraska</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.

<span class="mw-page-title-main">LGBTQ rights in Idaho</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Kansas</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Alaska</span>

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.

<span class="mw-page-title-main">LGBTQ rights in Oklahoma</span>

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.

References

  1. ↑ "PRRI – American Values Atlas". ava.prri.org. Archived from the original on November 16, 2018. Retrieved June 29, 2018.
  2. 1 2 "The History of Sodomy Laws in the United States - Mississippi". www.glapn.org. Archived from the original on January 18, 2020. Retrieved January 22, 2020.
  3. ↑ "Mississippi Sodomy Law". Hrc.org. Archived from the original on July 14, 2014. Retrieved December 5, 2013.
  4. ↑ "Mississippi to pay more than $400K in attorneys' fees over unconstitutional sodomy law". July 28, 2023.
  5. ↑ "Mississippi Governor Bans Same-Sex Marriage". New York Times. August 24, 1996. Archived from the original on November 29, 2014. Retrieved November 26, 2014.
  6. ↑ "SB2053 - History of Actions/Background". billstatus.ls.state.ms.us. Archived from the original on March 5, 2016. Retrieved November 26, 2014.
  7. ↑ Roberts, Joel (November 2, 2004). "11 States Ban Same-Sex Marriage". CBS News. Associated Press. Archived from the original on December 29, 2011. Retrieved November 26, 2014.
  8. ↑ Geidner, Chris (November 25, 2014). "Mississippi's Same-Sex Marriage Ban Is Unconstitutional, Federal Judge Rules". BuzzFeed News. Archived from the original on November 26, 2014. Retrieved November 25, 2014.
  9. ↑ "Order and Opinion: Stay pending appeal granted". Scribd.com. Fifth Circuit Court of Appeals. Archived from the original on December 7, 2014. Retrieved December 4, 2014.
  10. ↑ Royals, Kate (June 29, 2015). "AG gives clerks OK for same-sex marriage licenses". The Clarion-Ledger. Retrieved June 29, 2015.
  11. ↑ "Mississippi Adoption Law". Human Rights Campaign. Archived from the original on March 11, 2012. Retrieved May 15, 2011.
  12. 1 2 Lewin, Tamar (August 12, 2015). "Mississippi Ban on Adoptions by Same-Sex Couples Is Challenged". New York Times. Archived from the original on August 12, 2015. Retrieved August 12, 2015.
  13. ↑ Musgrove, Ronnie (March 20, 2013). "Portman's Conversion Should Be a Lesson". Huffington Post. Archived from the original on August 12, 2015. Retrieved August 12, 2015.
  14. ↑ "Judge blocks Mississippi ban on adoption by same-sex couples". The Boston Globe. March 31, 2016. Archived from the original on April 8, 2016. Retrieved April 3, 2016.
  15. ↑ "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Slate. March 31, 2016. Archived from the original on July 17, 2018. Retrieved April 3, 2016.
  16. ↑ "Federal judge tosses same-sex adoption ban". Mississippi Today. March 31, 2016. Archived from the original on April 14, 2016. Retrieved April 3, 2016.
  17. ↑ Holden, Dominic (May 2, 2016). "Mississippi's Gay Adoption Ban Dead After State Fails To Appeal Ruling". BuzzFeed News. Archived from the original on May 5, 2016. Retrieved May 9, 2016.
  18. ↑ Prakash, Nidhi (May 3, 2016). "Same-sex adoption is finally legal in all 50 states". Fusion. Archived from the original on May 6, 2016. Retrieved May 9, 2016.
  19. ↑ "Mississippi's equality profile". Movement Advancement Project. Archived from the original on January 18, 2020. Retrieved January 22, 2020.
  20. ↑ "What You Need to Know About Surrogacy in Mississippi". American Surrogacy.
  21. ↑ "Mississippi Non-Discrimination Law". Human Rights Campaign. May 15, 2011. Archived from the original on April 25, 2012.
  22. ↑ Kenneth Johnson (August 20, 2018). "Clarksdale is third Mississippi city to pass LGBTQ-Inclusive Ordinance". Georgia Voice. Archived from the original on August 25, 2018. Retrieved August 30, 2018.
  23. ↑ "Mississippi's Equality Profile". Movement Advancement Project. Archived from the original on January 18, 2020. Retrieved January 22, 2020.
  24. ↑ Wolfe, Anna (June 15, 2016). "Jackson council adds LGBT protections to law". The Clarion-Ledger . Archived from the original on May 27, 2024. Retrieved June 15, 2016.
  25. ↑ "Second Mississippi city passes major LGBTQ-inclusive non-discrimination ordinance". Archived from the original on April 3, 2017. Retrieved April 7, 2017.
  26. ↑ "HATTIESBURG, MISSISSIPPI 2018 MUNICIPAL EQUALITY INDEX SCORECARD" (PDF).
  27. ↑ "OXFORD, MISSISSIPPI 2018 MUNICIPAL EQUALITY INDEX SCORECARD" (PDF).
  28. ↑ "STARKVILLE, MISSISSIPPI 2018 MUNICIPAL EQUALITY INDEX SCORECARD" (PDF).
  29. ↑ Biskupic, Joan (June 16, 2020). "Two conservative justices joined decision expanding LGBTQ rights". CNN. Archived from the original on June 19, 2020. Retrieved June 19, 2020.
  30. ↑ "US Supreme Court backs protection for LGBT workers". BBC News. June 15, 2020. Archived from the original on June 17, 2020. Retrieved June 19, 2020.
  31. ↑ Liptak, Adam (June 15, 2020). "Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules". The New York Times. Archived from the original on June 17, 2020. Retrieved June 19, 2020.
  32. ↑ "H.B. 1523" (PDF). Archived (PDF) from the original on April 9, 2016. Retrieved April 7, 2017.
  33. ↑ "California will no longer pay for state workers to travel to anti-LGBT states". ThinkProgress . September 28, 2016. Archived from the original on August 29, 2019. Retrieved August 29, 2019.
  34. ↑ Harrie, Dan (April 12, 2016). "Salt Lake City Mayor Jackie Biskupski bans city travel to states that have passed anti-LGBT laws". The Salt Lake Tribune. Archived from the original on March 22, 2017. Retrieved April 7, 2017.
  35. ↑ Judge blocks HB 1523 from starting July 1 Archived July 2, 2016, at the Wayback Machine , Cassie Archebelle, WADM, July 1, 2016
  36. ↑ "Hattiesburg follows Starkville in passing diversity resolution". Yall Politics. February 19, 2014. Archived from the original on July 14, 2014. Retrieved June 29, 2014.
  37. ↑ Lowrey, Erin (March 4, 2014). "Oxford, MS unanimously passes Pro-LGBT resolution - WDAM.COM - TV 7 - News, Weather and Sports". Wdam.Com. Archived from the original on July 14, 2014. Retrieved June 29, 2014.
  38. ↑ "Magnolia, MS Passes Pro-LGBT Resolution | Human Rights Campaign". Hrc.org. April 22, 2014. Archived from the original on July 15, 2014. Retrieved June 29, 2014.
  39. ↑ "Fifth Mississippi City Council Passes Pro-LGBT Resolution | Human Rights Campaign". Hrc.org. April 30, 2014. Archived from the original on July 14, 2014. Retrieved June 29, 2014.
  40. ↑ Showers, Al. "Bay St. Louis passes measure supporting LGBT community". WJHL.com. Archived from the original on July 14, 2014. Retrieved June 29, 2014.
  41. ↑ Waveland joins other Miss. cities with LGBT resolution
  42. ↑ Ferretti, Haley (June 3, 2014). "Jackson Passes Pro-LGBT Resolution | Jackson Free Press | Jackson, MS". Jackson Free Press. Archived from the original on June 9, 2014. Retrieved June 29, 2014.
  43. ↑ McAdams, Carolyn (April 26, 2016). "City Connections for April 26, 2016". City of Greenwood - Mayor's Office.
  44. ↑ City of Greenwood - Mayor's Office. "5(b)1.pdf". www.greenwoodms.com. Archived from the original on December 28, 2016. Retrieved February 4, 2020.
  45. ↑ "Rosedale, Mississippi City Council Passes LGBTQ-Inclusive Nondiscrimination Ordinance". Human Rights Campaign . June 21, 2021. Archived from the original on June 25, 2021. Retrieved January 3, 2022.
  46. ↑ Johnson, Renee (January 22, 2014). "Starkville passes equality resolution supporting LGBT residents, others". www.wlox.com. Archived from the original on August 29, 2019. Retrieved August 29, 2019.
  47. ↑ "Mississippi town rescinds health coverage for unmarried domestic partners". www.lgbtqnation.com. Associated Press. January 8, 2015. Archived from the original on August 29, 2019. Retrieved August 29, 2019.
  48. ↑ "Starkville mayor vetoes board's repeal of equality resolution". Archived from the original on January 16, 2015. Retrieved January 16, 2015.
  49. ↑ "Starkville, Mississippi Officials Override Mayor's Veto, Repeal Historic Gay-Rights Initiatives". January 21, 2015. Archived from the original on August 29, 2019. Retrieved August 29, 2019.
  50. ↑ Yurcaba, Jo (February 28, 2023). "Mississippi governor signs bill banning transgender health care for minors". NBC News. Retrieved February 28, 2023.
  51. ↑ Wagster Pettus, Emily (February 21, 2023). "Mississippi Senate passes limit on gender-affirming health care". PBS NewsHour. Retrieved February 21, 2023.
  52. ↑ Mitchell, Justin (February 24, 2023). "What is the REAP Act? New bill targets gender affirming care for trans kids in Mississippi". Biloxi Sun Herald. Retrieved February 25, 2023.
  53. 1 2 "Mississippi SB2356 | 2022 | Regular Session". LegiScan. Retrieved January 18, 2022.
  54. ↑ "Mississippi SB2263 | 2022 | Regular Session". LegiScan. Retrieved May 7, 2024.
  55. 1 2 "Mississippi". National Center for Transgender Equality. Retrieved January 18, 2022.
  56. ↑ "'They took it back.' MS reverses course on policy easing gender changes on licenses". Sun Herald. November 4, 2021.
  57. ↑ "Mississippi Revises Way to Change Gender on Driver's License". U.S. News & World Report. November 2, 2021. Archived from the original on December 22, 2021. Retrieved December 22, 2021.
  58. ↑ Ronan, Wyatt (March 3, 2021). "Breaking: First Anti-Trans Bill of 2021 Heads to Mississippi Governor's Desk". Human Rights Campaign. Archived from the original on March 4, 2021. Retrieved March 4, 2021.
  59. ↑ Cole, Devan (March 4, 2021). "Mississippi moves one step closer to banning transgender athletes from women's sports". CNN. Archived from the original on March 4, 2021. Retrieved March 4, 2021.
  60. ↑ Bollinger, Alex (February 15, 2021). "Mississippi's senate passess bill attacking trans people in school sports". LGBTQ Nation. Archived from the original on February 16, 2021. Retrieved February 17, 2021.
  61. ↑ Holcombe, Madeline (February 13, 2021). "Mississippi Senate votes to ban transgender athletes from women's sports". CNN. Archived from the original on February 14, 2021. Retrieved February 13, 2021.
  62. ↑ Ronan, Wyatt (February 12, 2021). "Mississippi Senate Passes Discriminatory Anti-Transgender Sports Ban Bill". Human Rights Campaign. Archived from the original on February 12, 2021. Retrieved February 13, 2021.
  63. ↑ Wagster, Emily (February 13, 2021). "Republican-controlled Senate in Mississippi votes to ban transgender athletes on female teams". Fox10 Phoenix. Archived from the original on February 14, 2021. Retrieved February 14, 2021.
  64. ↑ Wagster Pettus, Emily (March 11, 2021). "Mississippi gov signs bill limiting transgender athletes". ABC News. Archived from the original on March 11, 2021. Retrieved March 11, 2021.
  65. ↑ Tracy, Matt (March 11, 2021). "Mississippi Governor Signs Bill Banning Trans Athletes". GayCityNews.com. Archived from the original on March 12, 2021. Retrieved March 12, 2021.
  66. ↑ "Senate Bill 2536". billstatus.ls.state.ms.us. Archived from the original on March 12, 2021. Retrieved March 13, 2021.
  67. ↑ Lavietes, Matt (May 13, 2024). "Mississippi enacts transgender bathroom ban in public schools". NBC News. Retrieved May 13, 2024.
  68. ↑ McLaughlin, Grant (May 3, 2024). "MS Legislature passes transgender bathroom restriction bill". The Clarion-Ledger. Retrieved May 13, 2024.
  69. ↑ Padgett, Donald (May 4, 2024). "Mississippi GOP pass anti-trans bathroom bill at last-minute". Advocate. Retrieved May 13, 2024.
  70. ↑ "Mississippi Hate Crimes Law". Human Rights Campaign. Archived from the original on March 11, 2012. Retrieved May 15, 2011.
  71. ↑ Phillips, Ryan (March 24, 2018). "Starkville Pride event largest parade in city history". Archived from the original on November 1, 2018. Retrieved June 14, 2019.
  72. ↑ Baldor, Lolita; Miller, Zeke (January 25, 2021). "Biden reverses Trump ban on transgender people in military". Associated Press. Archived from the original on January 29, 2021. Retrieved January 26, 2021.
  73. ↑ "Medical Conditions That Can Keep You From Joining the Military". Military.com. May 10, 2021. Archived from the original on January 30, 2019. Retrieved January 26, 2021.
  74. ↑ McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News. Archived from the original on January 26, 2021. Retrieved January 7, 2021.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.