LGBTQ rights in Nebraska | |
---|---|
Status | Legal since 1978 |
Gender identity | Transgender people allowed to change legal gender following surgery |
Discrimination protections | Protections for sexual orientation and gender identity in employment and housing |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 |
Adoption | Same-sex couples allowed to adopt |
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.
In 2018, Megan Hunt became the first openly LGBT person elected to the Nebraska Legislature. [1] 2019 polling from the Public Religion Research Institute showed that 73% of Nebraska residents supported anti-discrimination legislation protecting LGBTQ people. In a 2014 survey, about half of LGBTQ people in Nebraska had seriously considered suicide at some point in their lives. [2]
Prior to European settlement of Nebraska, there were no known social or legal punishments for engaging in homosexual activity. Among several Native American tribes, customs of "two-spirit" individuals existed, where male-bodied or female-bodied people would dress, act and live as the opposite gender, as well as perform tasks associated with the opposite gender. Such individuals are known as mix'uga in the Omaha-Ponca language, spoken by the Ponca and Omaha peoples. The Native Americans did not share the typical Western views of gender and sexuality.
In 1858, a few years after the creation of the Nebraska Territory, a prohibition on sodomy ("crime against nature"), whether heterosexual or homosexual, was passed into law. Punishment varied between one year to life imprisonment. In the 1910 case of Kinnan v. State, the Nebraska Supreme Court unanimously ruled that fellatio (oral sex) was not a violation of the sodomy statute. In response, the Nebraska Legislature revised certain parts of the law in 1913, outlawing fellatio and reducing the maximum penalty for sodomy to 20 years in jail. [3]
In 1929, Nebraska amended its sterilization law to make it applicable to state inmates who were "feeble-minded, insane, habitual criminals, moral degenerates or sexual perverts". This law was upheld by the state Supreme Court in In Re Clayton in 1931. By 1934, 276 people had been sterilized. The law was repealed in 1969, having almost only being used on the "insane or mentally retarded". [3]
All sodomy laws were repealed at the state level when a revised criminal code was enacted in June 1977, effective on July 1, 1978. [4] [5] The unicameral Nebraska Legislature accomplished the repeal by overriding the veto of the original legislation by Governor J. James Exon by the minimum margin, 32 to 15. No other state repealed its sodomy criminalization statute by such a veto override.
The extent to which the state's anti-sodomy statute was enforced is unclear; Nebraska has no published sodomy cases during the 1950s or 1960s. Like many other states, Nebraska enacted a "psychopathic offender" law in the years after World War II. The Nebraska Bar Association objected when that law was revised to cover a first offense. A study showed that 7% of commitments under the law were for consenting adult gay men. [3]
Same-sex marriage has been legal in the state of Nebraska since June 26, 2015, when the U.S. Supreme Court ruled in Obergefell v. Hodges that the denial of marriage rights to same-sex couples is unconstitutional. That same day, Attorney General Doug Peterson said in a statement that "Recognizing the rule of law, the State of Nebraska will comply with the ruling of the United States Supreme Court in Obergefell. Nebraska officials will not enforce any Nebraska laws that are contrary to the United States Supreme Court's decision in Obergefell." [6]
Nebraska is one of a handful of states to have banned same-sex marriage in its state Constitution but not in the form of a legislative statute. Voters adopted, by a 70% to 30% margin, a constitutional amendment in November 2000 that defined marriage as the union of a man and a woman. [7] Following the initiative, Nebraska extended hospital visitation rights to same-sex couples through a designated visitor statute. [8]
There have been two significant lawsuits related to same-sex marriage in Nebraska. In 2005/06, in the matter of Citizens for Equal Protection v. Bruning , same-sex couple plaintiffs were successful in the United States District Court for the District of Nebraska having the state's constitutional ban on same-sex marriage struck down. [9] However, an appeal by the state to the United States Court of Appeals for the Eighth Circuit reversed that ruling in 2006. [10]
Following the U.S Supreme Court's ruling in United States v. Windsor (2013), state bans on same-sex marriage came under enhanced judicial scrutiny. In the matter of Waters v. Ricketts (2015), the U.S District Court for the District of Nebraska again struck down the state's constitutional ban on same-sex marriage. The decision of the district court was stayed until the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which struck down all state bans on same-sex marriage under the Equal Protection and Due Process clauses of the United States Constitution.
Kathy Pettersen and Beverly Reicks were the first same-sex couple to file marriage paperwork at the Douglas County Clerk's Office on June 26, 2015. [11] Barbara DiBernard and Judith Gibson were the first to wed in Lancaster County, which contains the capital city of Lincoln. [12]
Nebraska permits adoption by same-sex couples and single LGBT individuals. [13] Lesbian couples can access 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. [14]
On August 27, 2013, three same-sex couples filed a lawsuit in state court seeking the right to serve as foster and adoptive parents. They claimed that the state's refusal to allow two unmarried adults or two homosexuals to adopt has been consistently enforced only against same-sex couples. [15] [lower-alpha 1] Ruling in Stewart v. Heineman , Lancaster County District Judge John Colborn ruled for the plaintiffs on August 5, 2015. He wrote: "Defendants have not argued, nor have they identified, any legitimate government interest to justify treating gay and lesbian couples differently than heterosexual individuals and heterosexual couples" in reviewing applications for foster and adoptive parents. [17] The state appealed the ruling. In April 2017, the Nebraska Supreme Court upheld that decision and struck down the state's ban on same-sex couples becoming foster parents. [18] The court compared the law to "a sign reading 'Whites Only' on the hiring-office door." [16]
The Nebraska Supreme Court in March 2021 reversed a lower court ruling banning a same-sex couple from adopting. The court held that state adoption law "clearly allow a same-sex married couple to adopt". [19]
In October 2021, an unmarried female same-sex couple is suing the state of Nebraska with a lawsuit because of discrimination and a "lack of parental recognition" - on their own and each other's biological children's birth certificates. Under Nebraska legislation unmarried heterosexual couples can get "automatically full parental recognition of their children", but not unmarried same-sex couples in the same exact situation. [20]
Following the 2020 court case of Bostock v. Clayton County , employment discrimination against LGBTQ people by reason of their sexual orientation or gender identity became illegal in the US, including in Nebraska. Prior to this case, Nebraska had no statewide protections for this type of discrimination. [21] The ruling does not apply to discrimination in the areas of health care, credit, housing and public accommodations.
Bills to ban discrimination based on sexual orientation and gender identity were introduced in the Nebraska Legislature a number of times, [22] [23] but all were rejected or stalled. [24]
As of 2020, only Omaha has a city-level ordinance, in effect since 2012, that prohibits discrimination on the basis of sexual orientation and gender identity in both public and private sectors with respect to employment and public accommodations. [25] The cities of Grand Island and Lincoln prohibit discrimination on the basis of sexual orientation in public employment only. [26] Bellevue has a similar policy that also includes gender identity. [27] South Sioux City prohibits housing discrimination based on sexual orientation or gender identity. [14]
Lincoln has no LGBT anti-discrimination ordinance for housing or private-sector employment. A proposed anti-discrimination ordinance was rejected by Lincoln voters in 1982. [28] A campaign of opposition to the ordinance, led by UNL researcher Paul Cameron, [29] resulted in the formation of the Family Research Institute, which has been designated by the SPLC an anti-gay hate group. In February 2022, Lincoln City Council by a 5–0 vote passed a local ordinance to explicitly include both sexual orientation and gender identity within all areas of employment, accommodation and housing. However these protections were removed in June 2022 because of a petition drive by the Nebraska Family Alliance, an anti-LGBT group. [30]
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. [31] [32] [33]
In early August 2020, the Nebraska Legislature passed a resolution, sponsored by Senator Patty Pansing Brooks, expressing support for the Bostock decision, by a 28 to 8 vote with several abstentions and absences. [34]
In August 2020, the Nebraska Equal Opportunity Commission announced in light of Bostock that it will investigate and resolve cases alleging housing discrimination on account of sexual orientation or gender identity. [35] Marna Munn, the executive director of the Commission at the time, said, "We will now be investigating housing claims on the basis of sexual orientation and gender identity. We will investigate on that basis, and we will create a disposition on that basis." Munn argued it would ultimately be up to the courts to affirm whether the Bostock decision also extends to housing cases, but that "it would be a stretch to think the U.S. Supreme Court would use different definitions of sex for workplace discrimination and housing discrimination". All the language is part of the same federal civil rights act, and Nebraska's statutes mirror the language of the federal law.
On February 11, 2021, the United States Department of Housing and Urban Development issued guidance directing all state and local agencies receiving funding under the Fair Housing Assistance Program to interpret the Fair Housing Act's prohibition on discrimination based on sex to include discrimination on the basis of sexual orientation and gender identity. [36] In Nebraska, this guidance applies to the Nebraska Equal Opportunity Commission, [37] the Lincoln Commission on Human Rights, [38] and the Omaha Human Rights and Relations Department. [39]
In November 2021, the Nebraska State College System passed a vote by 4-2 to explicitly include “gender identity” within its policy changes. [40] [41] [42]
On August 30, 2023, Governor Jim Pillen signed an executive order to define sex. It refers to a person's "biological reproductive system" to define a female as someone whose system is "designed to produce ova” and a male as someone whose system is "designed to fertilize the ova of a female.” Pillen explained that the intention was to enable the state to "provid[e] single-sex spaces for women’s sports, bathrooms, and changing rooms." [43]
Transgender people legally resident in Nebraska are allowed to change the gender marker on their birth certificate. In order to do so, they must submit to the Vital Records Office "a notarized affidavit from the physician that performed sex reassignment surgery on [them] and a certified copy of an order of a court of competent jurisdiction changing [their] name". Changes to IDs and driver's licenses are also permitted; the applicant must submit to the Department of Motor Vehicles a court order certifying the change and/or a form signed by a licensed physician confirming sex reassignment surgery. [44]
Nebraska permits transgender people to change their name. After completing paperwork with the district court, the applicant must schedule a court date and publish their name change for at least four consecutive weeks in a public record (for example a local newspaper). If the person is a minor, it only needs to run for two weeks [45]
The Nebraska School Activities Association requires transgender students wishing to participate in athletics to show evidence of hormone replacement therapy or sex reassignment surgery. [46]
In May 2023, a bill passed the Nebraska Legislature by a vote of 33-15 after "numerous filibusters and delays" to legally ban gender-affirming healthcare on individuals under the age of 19 being minors (similar to Alabama). Originally a single bill on gender-affirming healthcare was introduced then failed, because of an ongoing filibuster and delay by Democrats - but then was immediately "attached and paper-cliped to another bill on abortion" later on when several Democrats didn't show up for work and the GOP "seeing the opportunity to pass along" legislation by force. The Governor of Nebraska signed the bill into law, effective immediately. [47] [48] [49] [50] A lawsuit has been filed to try and "invalidate the law" enacted days ago. [51] The bill enacted potentially violates the "one subject per rule by the Legislature", because it was papercliped onto an abortion bill for political purposes straight after a filibuster - if found unconstitutional, the law would be automatically "null and void". [52] In July 2024, the Nebraska Supreme Court by a vote of 6-1 upheld the recently implemented legislation. [53]
In 1997, Nebraska passed a hate crime law, reading "A person in the State of Nebraska has the right to live free from violence, or intimidation by threat of violence, committed against his or her person or the destruction or vandalism of, or intimidation by threat of destruction or vandalism of, his or her property regardless of his or her race, color, religion, ancestry, national origin, gender, sexual orientation, age, or disability". Gender identity is not mentioned. The following crimes are among those subject to enhanced sentences: manslaughter, assault, terroristic threats, stalking, kidnapping and false imprisonment, rape and sexual assault, arson, criminal mischief, and trespassing. [54]
A recent hate crime case occurred in October 2013. Ryan Langenegger and two gay friends were eating at a restaurant at the Old Market in Omaha, but left after overhearing three other male customers using homophobic slurs. The three men followed them to their car and continued the harassment. One of them, Gregory Duncan, punched Langenegger in the face before leaving. A jury convicted Duncan of third-degree assault and a hate crime charge, noting that while Langenegger was straight, state statutes specifies that those in the company of specific groups deserve protection as well. Duncan challenged the hate crime charge, with his attorney raising doubts that his punch met the definition of a hate crime and hoping that the case would "provide some direction for our courts" as to the definition of "sexual orientation" as the term is not explicitly defined in state law. The Attorney General commented that the "state might consider a more scholarly and legally sound definition of "sexual orientation"." [55] The state Supreme Court upheld Duncan's hate crime charge in April 2016. [56]
Although gender identity is not addressed, federal law has covered this category since 2009, when the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law by President Barack Obama.
Attempting to change someone's sexual orientation, also known as conversion therapy, is outlawed in Lincoln. [57] It is lawful in the rest of the state. Senator Megan Hunt reintroduced a bill in 2021 to ban conversion therapy in Nebraska. [58]
A 2022 Public Religion Research Institute (PRRI) opinion poll found that 60% of Nebraska residents supported same-sex marriage, while 33% opposed it and 6% were unsure. Additionally, 67% supported an anti-discrimination law covering sexual orientation and gender identity. 29% were opposed. [59]
Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
---|---|---|---|---|---|---|
Public Religion Research Institute | January 2-December 30, 2019 | 416 | ? | 73% | 20% | 7% |
Public Religion Research Institute | January 3-December 30, 2018 | 435 | ? | 65% | 25% | 10% |
Public Religion Research Institute | April 5-December 23, 2017 | 519 | ? | 66% | 21% | 13% |
Public Religion Research Institute | April 29, 2015-January 7, 2016 | 587 | ? | 65% | 29% | 6% |
Same-sex sexual activity legal | (Since 1978) |
Equal age of consent (16) | (Since 1978) |
Anti-discrimination laws in employment | (Since 2020 federally) |
Anti-discrimination laws in housing | (Since 2020; per decision of the Nebraska Equal Opportunity Commission) |
Anti-discrimination laws in public accommodations | / (City of Omaha only) [60] |
Anti-discrimination laws in schools and colleges | |
Same-sex marriages | (Since 2015) |
Stepchild and joint adoption by same-sex couples | |
Lesbian, gay and bisexual people allowed to serve openly in the military | (Since 2011) |
Transgender people allowed to serve openly in the military | (Since 2021) [61] |
Intersex people allowed to serve openly in the military | (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military) [62] |
Right to change legal gender | (Requires sex reassignment surgery) |
Conversion therapy banned on minors | / (Lincoln city only) [63] |
Gay panic defense banned | |
Access to IVF for lesbian couples | |
Surrogacy arrangements legal for gay male couples | [64] |
MSMs allowed to donate blood | / (Since 2020; 3-month deferral period) [65] |
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, and transgender (LGBTQ) people in the U.S. state of Michigan enjoy the same rights as non-LGBTQ people. Michigan in June 2024 was ranked "the most welcoming U.S. state for LGBT individuals". Same-sex sexual activity is legal in Michigan under the U.S. Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage was legalised in accordance with 2015's Obergefell v. Hodges decision. Discrimination on the basis of both sexual orientation and gender identity is unlawful since July 2022, was re-affirmed by the Michigan Supreme Court - under and by a 1976 statewide law, that explicitly bans discrimination "on the basis of sex". The Michigan Civil Rights Commission have also ensured that members of the LGBT community are not discriminated against and are protected in the eyes of the law since 2018 and also legally upheld by the Michigan Supreme Court in 2022. In March 2023, a bill passed the Michigan Legislature by a majority vote - to formally codify both "sexual orientation and gender identity" anti-discrimination protections embedded within Michigan legislation. Michigan Governor Gretchen Whitmer signed the bill on March 16, 2023. In 2024, Michigan repealed “the last ban on commercial surrogacy within the US” - for individuals and couples and reformed the parentage laws, that acknowledges same sex couples and their families with children.
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) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
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 Colorado enjoy the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.
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. Same-sex sexual activity is legal in Oregon, 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.
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.
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.
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 Virginia enjoy the same rights as non-LGBTQ people. LGBT rights in the state are a relatively recent occurrence; with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.
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 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.
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.
In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.
Lincolnites resoundingly rejected the gay rights amendment Tuesday, voting by a 4-1 margin refused to outlaw discrimination against homosexuals. The outcome, ending months of emotion-charged campaign activity, was no surprise.