LGBTQ rights in New Jersey | |
---|---|
Status | Legal since 1978 |
Gender identity | Transgender people allowed to change legal gender |
Discrimination protections | Sexual orientation and gender identity protections (see below) |
Family rights | |
Recognition of relationships | Civil unions since 2007; Same-sex marriage since 2013 |
Adoption | Same-sex couples may adopt jointly |
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.
Since the late 1960s, state-sanctioned discrimination against LGBTQ people has become increasingly less acceptable. A series of court decisions have enlarged the areas of LGBT rights. LGBTQ people were allowed to gather in drinking establishments in 1967 and allowed to have intimate relationships in 1978. Anti-gay adoption policies by New Jersey's state welfare agency were dropped in 1997. The New Jersey Law Against Discrimination, amended to include sexual orientation and gender identity in 1991 and 2006, prohibits discrimination in employment, housing, and public accommodations. Criminal law deters bias-motivated crimes against LGBT individuals, and New Jersey schools are required to adopt anti-bullying measures that address LGBT students. In August 2013, Governor Chris Christie signed a bill into law prohibiting mental health providers from providing so-called "conversion therapy" to LGBT minors.
New Jersey is frequently referred to as one of the United States' most LGBTQ-friendly states, [1] [2] with several gay establishments and venues throughout the state, notably in Jersey City, Asbury Park, Maplewood, Atlantic City, Ocean Grove, Edison, and Cape May among others. [3] Opinion polls have shown very high levels of support for same-sex marriage. [4]
Sodomy was a capital crime in New Jersey from when the Duke of York took control of the province from the Dutch. When the province was divided into East and West Jersey, the Quaker-dominated West maintained a criminal code that was silent on the issue of sodomy. After reunification and independence, New Jersey abrogated the colonial common law, but created its own statuary sodomy law, the penalties for which were often modified. [5]
Court decisions in New Jersey gradually restricted the application of sodomy laws to exclude first married couples, [5] and then all heterosexual sexual relations. In the last court case in this series, State v. Ciuffini (1978), a state appellate court struck down the state's sodomy laws as unconstitutional, finding that "the individual's right of personal privacy and autonomy prevail[s] over the state's right to regulate private sexual conduct." [6] New Jersey repealed its sodomy law in 1978. [7]
From its establishment in 1933, the New Jersey Division of Alcoholic Beverage Control regularly harassed LGBT bar patrons. It interpreted a regulation preventing licensees from serving "any known criminals, gangsters, racketeers, swindlers, prostitutes, female impersonators or other persons of ill repute" to revoke the liquor licenses of bars serving a predominantly homosexual customer base. [8] In 1967, a state court invalidated this interpretation in One Eleven Liquors, Inc. vs. Division of Alcoholic Beverage Commission. [9] In June 2021, the New Jersey Attorney General Gurbir Grewal made an official apology for the state's harassment of bar keepers and patrons. [10]
Marriage, as the popular vehicle of state recognition of relationships, is mentioned in 850 of New Jersey's statutes. [11] Marriage between persons of the same sex, however, are not mentioned in the statutes, which do not ban it either. [9] The statutes were challenged in Lewis v. Harris (2006), where the Legislature chose civil unions over marriage in the resulting mandate for equal rights and responsibilities of marriage for same-sex couples. [12] Same-sex couples legally married in another state or country may be divorced in New Jersey, a Superior Court has ruled. [13]
New Jersey has provided benefits to same-sex partners of state employees since 2004. [14]
Following a court decision on September 27, the state, effective October 21, 2013, has recognized and performed same-sex marriages. Governor Chris Christie attempted to appeal this decision to the New Jersey Supreme Court but on October 19, 2013 the court turned down his appeal and the lower court's ruling stands. [15]
In December 2021, New Jersey passed and implemented legislation to legally codify and protect same-sex marriage - just in case if future federal conservative court rulings (as a possibility) make same-sex marriage illegal again. [16] [17] [18] On January 10, 2022 the Governor of New Jersey Phil Murphy signed the bill into law and automatically went into effect immediately - to officially codify same-sex marriage within New Jersey. [19]
New Jersey never had a policy of denying adoption of children based on sexual orientation, however, the New Jersey Division of Youth and Family Services had a policy of denying consent to joint adoption by unmarried couples. This was changed in 1997. The sexual orientation of parents is not necessarily considered a dispositive factor in considering the best interests of the child, be they prospective in adoption or current in child custody cases. [9]
In January 2020, New Jersey with a signature from Governor Phil Murphy implemented new adoption and child welfare laws - that immediately streamlined and reduced burdensome red tape for LGBT singles and couples. [20] [21]
There are no legal restrictions on lesbians getting IVF access.
Since 2011, bills have been introduced and passed by the New Jersey Legislature with no "veto-proof margins" to legally allow commercial surrogacy several times, but were immediately vetoed by Governor of New Jersey Chris Christie. Then in May 2018, the New Jersey Legislature passed (Assembly voted 51-16 and Senate voted 25-10) a bill to legally allow commercial surrogacy with "veto-proof margins". [22] [23] Governor Phil Murphy on May 30, 2018 signed the bill into law and went into effect since January 1, 2019. Several U.S. jurisdictions have similar surrogacy contract laws. [24]
New Jersey's Law Against Discrimination was amended in 1991 to include "affectional or sexual orientation" and in 2006 to include "gender identity and expression" as prohibited categories of discrimination. [25] [26] The law prohibits discrimination in employment and public accommodations, which the New Jersey Supreme Court took to be as broad as including the Boy Scouts of America for its public dealings, which was reversed by the Supreme Court of the United States in Boy Scouts of America v. Dale . [9] The New Jersey Law Against Discrimination also protects individuals from discrimination based upon a perceived sexual orientation. [27] On July 27, 2015, the National Executive Board of the Boy Scouts of America, ratified a resolution that removes the national restriction on openly gay adult leaders and employees. [28]
Enhanced penalties are available for crimes committed in New Jersey with a bias based on the presumed sexual orientation and gender identity or expression of the victim, as well as sensitivity training sentencing options for judges. [29] The FBI New Jersey division also reports gender X (alongside male and female) since June 2021, on criminal justice and investigation procedures - directly from the attorney general. [30]
In March 2021, a bill (A-4833) passed by a vote of 71-0 in the lower house of New Jersey legally banning "bias and intimidation" crimes - based on sexual orientation and gender identity. The bill is yet to be voted on in the New Jersey Senate. [31] [32]
In March 2021, Governor Phil Murphy signed a bill into law effective immediately - that implemented an "LGBTIQ+ Seniors Bill of Rights". [33] [34] [35] [36]
In July 2022, a bill was signed into law by the Governor of New Jersey that would implement a police licensing system within New Jersey - that explicitly includes sexual orientation and gender identity anti-discrimination protections. [37] Also since July 2022, New Jersey implemented another law passed by the New Jersey General Assembly and signed by the Governor of New Jersey - to protect sexual orientation and gender identity "data of patients records within state run hospitals" and further enhance privacy protections therein for related purposes. [38]
In June 2013, the New Jersey Legislature passed legislation making sexual orientation change efforts (conversion therapy) illegal when directed at minors. [39] Governor Chris Christie signed the legislation on August 19. [40] New Jersey was the second U.S. state to enact such legislation, after California.
Represented by the Liberty Counsel, practitioners of conversion therapy, including the National Association for Research and Therapy of Homosexuality and the American Association of Christian Counselors, challenged the law in federal court. They lost in District Court on November 8, 2013, [41] and again on appeal to the Third Circuit Court of Appeals on September 11, 2014. [42] They asked the U.S. Supreme Court to hear their appeal on December 3, [43] which declined to do in May 2015. In another case heard in Hudson County, a judge ruled that those who promote the therapy by claiming to cure a disorder are committing fraud. [44]
In 2019, anti-LGBT group Liberty Counsel made another attempt to challenge the constitutionality of New Jersey's ban on conversion therapy, in the case of King v. Murphy. On April 15, 2019, the Supreme Court of the United States declined to hear the challenge, thereby upholding New Jersey's ban on conversion therapy. [45] [46]
Since February 1, 2019, transgender persons may request an amended birth certificate with a corrected name and sex without undergoing surgery or any medical procedures. [47] [48]
On June 28, 2015, the New Jersey General Assembly passed (Senate by a vote of 30-6 and the House by a vote of 51-23) a bill to make it easier for people on the basis of gender identity and intersex status, access and/or change to their birth certificates without any surgery. Republican Governor of New Jersey Chris Christie as expected, vetoed the bill on August 10, 2015. This was the second time he had vetoed the same bill, that was passed two years prior. [49] [50] [51] Three additional votes were required in the Assembly for a successful veto override to implement the legislation. [52] [53]
In May 2018, the New Jersey Legislature passed 3 transgender rights bills. The 3 bills set up and established a "Transgender Equality Task Force", [54] repealed the legal requirement for sex reassignment surgery on birth certificates, created a third gender category on official documents (labelled as "X"), [55] [56] and included transgender and intersex people on death certificates. [57] In June 2018, following passage in the Legislature, Governor Phil Murphy signed into law all 3 bills. [47] [58] [59] [60] The birth certificate law went into effect the first day of the seventh month after approval (i.e. February 1, 2019), [61] whilst the death certificate law went into effect on July 4, 2018, [62] and the "Transgender Equality Task Force" law went into force immediately. [63]
Since February 2020, individuals no longer need a doctor's note to change a sex marker from M to F or from F to M for individual's driver licenses and I.D.s across New Jersey. [64] [65] Since April 2021, a regulation went into effect regarding three sex markers of X, M and F availability for individual's driver licenses and I.D.s across New Jersey. [66] [67]
In November 2022, the Governor of New Jersey signed an executive order to allow transgender individuals privacy, dignity and confidentiality when formally changing a legal name on forms and documents. [68]
In April 2023, the Governor of New Jersey signed an executive order legally protecting and defending gender-affirming healthcare within New Jersey borders - for any transgender individuals who want or need access and services (including interstate). [69]
In 2024, New Jersey passed laws that codified a 2021 executive order - to implement "LGBTQ friendly business policy development". Canada, California and New York State have similar schemes on LGBTQ business policy development. [70] [71] [72]
Sex education (or "family life education") is mandatory in all New Jersey public schools. Under state law, the lessons must be current, medically accurate and supported by extensive research. They should also be developmentally appropriate, gender- and culturally-sensitive, and bias-free. The class covers a range of topic, including human relationships and sexuality, the prevention of unhealthy sexual behaviors that might lead to sexually transmitted diseases, consent, abstinence, and the demands of pregnancy and parenting. Discussions on sexual orientation are required from the end of eighth grade (age 13-14), and include tolerance and sensitivity, harassment, name-calling and stereotyping. In fourth grade (age 9-10), students are taught that "there are different kinds of families; family members have different roles and responsibilities; and families share love, values, and traditions, provide emotional support for each other, and set boundaries and limits". Parents may choose to have their child(ren) opt out if the class is "in conflict with his or her conscience or sincerely held moral or religious beliefs". [73]
Anti-LGBT bullying is also prohibited in New Jersey schools, and all schools are required to post and distribute their anti-bullying policies. [74] The Pride Center of New Jersey opened its doors in 1994 support the social needs of the LGBT community and youth across the state. [75]
In September 2018, New Jersey issued guidance to schools to promote transgender-friendly policies on the use of names and pronouns, participation in activities, use of facilities and student records. [76]
In January 2019, Governor Murphy signed into law a bill requiring public schools in the state to teach about "the political, economic and social contributions of individuals who are [LGBTQ]". As of the 2020–2021 school year, schools must teach LGBT history. [76] The law compels the inclusion of the contributions of persons with disabilities and lesbian, gay, bisexual, and transgender people into educational textbooks and the social studies curricula in the state. It also amended existing education and bullying laws by adding "sexual orientation, gender identity or expression, disability and religion" - alongside race, ethnicity, nationality, gender, and color that schools are prohibited from sponsoring negative activities about or teaching students about in an adverse way. [77] [78] [79]
In December 2020, the New Jersey Legislature passed another mandatory diversity within all New Jersey schools bill. The bill was signed into law on March 1, 2021. [80] [81] [82]
In June 2023, several school districts within New Jersey passed policies and motions that out students (who are transgender and non-binary) to their parents. This "potentially violates" New Jersey discrimination and hate crime legislation. [83] School boards in Middletown, Marlboro, and Manalapan-Englishtown within New Jersey, all have adopted immediate "parent notification policies" so far. The New Jersey Attorney's General office is commencing a lawsuit - to block these policies. [84]
In January 2020, the New Jersey Legislature unanimously passed during a lame-duck session bill A1796 (by a vote of 73-0 in the lower house and 39-0 in the upper house), banning or substantially limiting the so called "gay panic defense". The bill stated: “a provocation is not objectively reasonable if it is based on the discovery of, knowledge about, or potential disclosure of the homicide victim’s actual or perceived gender identity or expression, or affectional or sexual orientation, including under circumstances in which the victim made an unwanted, non-forcible romantic or sexual advance toward the actor, or if the victim and actor dated or had a romantic or sexual relationship.” [85] The New Jersey Bill A1796 was signed into law in January 2020. The law went into effect immediately. [86] [85] [87] [88]
In March 2021, the New Jersey Legislature passed (House vote 68-1 and Senate vote 33-0) a bill to provide legal benefits to "dishonorably discharged" LGBTIQ+ veterans within the US Military prior to 2011. Governor Murphy signed the bill into law in April 2021. [89] [90]
New Jersey state law makes it a third degree criminal offense for a person knowingly infected with HIV to engage in sexual activity without informing their partner of their status. However, people infected with other sexually-transmitted infections are subject to lesser (fourth degree) criminal penalties for the same behavior. [91] In January 2022, both houses of the New Jersey Legislature passed bill S3707 to remove this exception for HIV and to reduce the penalty for engaging in sex while infected with any STI (including HIV) to a disorderly persons offense. Governor Murphy signed the bill into law on January 18, 2022. [92] [93] [94]
A 2017 Public Religion Research Institute poll found that 68% of New Jersey residents supported same-sex marriage, while 23% were opposed and 9% were unsure. [95] Additionally, 70% supported discrimination protections covering sexual orientation and gender identity. 21% were opposed.
A 2022 Public Religion Research Institute (PRRI) poll found that 76% of New Jersey residents supported same-sex marriage, while 21% were opposed and 3% were unsure. Additionally, 86% supported discrimination protections covering sexual orientation and gender identity. 11% were opposed. [4]
Same-sex sexual activity legal | (Since 1978) |
Equal age of consent | |
Anti-discrimination laws for sexual orientation | (Since 1991) |
Anti-discrimination laws for gender identity and expression | (Since 2006) |
LGBT anti-bullying law in schools and colleges | |
Same-sex marriage | (Since 2013 by court order; codified by the legislature and Governor in 2022) [18] [19] |
Recognition of same-sex couples (e.g. civil union) | |
Stepchild adoption by same-sex couples | |
Joint adoption by same-sex couples | |
Lesbians, gays and bisexuals allowed to serve openly in the military | (Since 2011) |
Transgender people allowed to serve openly in the military | / (Most Transgender personnel allowed to serve openly since 2021) [96] |
Transvestites allowed to serve openly in the military | [97] |
Intersex people allowed to serve openly in the military | / (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military) [97] |
Third gender option | (Since 2021) [66] |
Right to change legal gender without sex reassignment surgery | (Since 2019) |
Gay and trans panic defense banned | (Since 2020) [86] [85] [87] [88] |
Conversion therapy banned on minors | (Since 2013) |
LGBTIQ+ Seniors Bill of Rights implemented | (Since 2021) [35] |
Access to IVF for lesbians | |
LGBT-inclusive sex education required to be taught in all New Jersey schools | (Since 2021) [80] |
Surrogacy arrangements legal for all individuals and couples | (Since 2019) |
MSMs allowed to donate blood | / (3 month deferral period - federal policy) |
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Utah's anti-sodomy law was invalidated in 2003 by Lawrence v. Texas, and fully repealed by the state legislature in 2019. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBTQ people and the rest of the population, and the rights of transgender youth are restricted.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBTQ people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
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.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBTQ people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Minnesota have the same legal rights as non-LGBTQ people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBTQ people from discrimination in the fields of employment, housing, and public accommodations. In 2013, the state legalized same-sex marriage, after a bill allowing such marriages was passed by the Minnesota Legislature and subsequently signed into law by Governor Mark Dayton. This followed a 2012 ballot measure in which voters rejected constitutionally banning same-sex marriage.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, which have received nationwide recognition since the 1970s. Same-sex sexual activity has been legal in the state since 1976. Discrimination protections regarding sexual orientation and gender identity or expression were adopted statewide in 2003. Transgender people are also permitted to change their legal gender on official documents without any medical interventions, and mental health providers are prohibited from engaging in conversion therapy on minors.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.
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) 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 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 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) people in the U.S. state of New Mexico enjoy the same rights as non-LGBTQ people. New Mexico has seen prominent advances in gay and lesbian rights in recent decades. Same-sex sexual activity has been legal since 1975. Same-sex marriage is legal statewide in New Mexico, as is adoption and access to fertility treatments for lesbian couples. Same-sex couples have had the same rights as heterosexual married couples since 2013. Discrimination on the basis of sexual orientation and gender identity is banned statewide in the areas of employment, housing and public accommodations. Additionally, conversion therapy on minors is prohibited in the state.
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) 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.
Pre-filed for introduction in the 2024 session; establishes certification program for businesses owned by LGBTQ+ persons.