LGBTQ rights in the District of Columbia

Last updated

LGBTQ rights in the District of Columbia
Map of USA DC.svg
Status Legal since 1993
(Legislative repeal)
Gender identity Transgender people allowed to change legal gender
Discrimination protections
  • Sexual orientation since 1973
  • Gender identity/expression since 2006
Family rights
Recognition of relationships Same-sex marriage since 2010
Adoption Same-sex couples allowed to adopt

In the District of Columbia, lesbian, gay, bisexual, and transgender (LGBTQ) people enjoy the same rights as non-LGBTQ people. Along with the rest of the country, the District of Columbia recognizes and allows same-sex marriages. [1] The percentage of same-sex households in the District of Columbia in 2008 was at 1.8%, the highest in the nation. [1] This number had grown to 4.2% by early 2015. [2]

Contents

The District of Columbia is regarded as very accepting and tolerant of LGBT people and same-sex relationships, with a 2017 Public Religion Research Institute poll indicating that 78% of residents supported same-sex marriage. [3] The District also explicitly bans discrimination on the basis of sexual orientation and gender identity, and the use of conversion therapy on both minors and adults. [4] Same-sex marriage legislation came into effect in March 2010, granting same-sex couples the right to marry, while domestic partnerships were legalized in 2002.

Legality of same-sex sexual activity

In 1801, the 6th United States Congress enacted the District of Columbia Organic Act of 1801, a law that continued all criminal laws of Maryland and Virginia, with those of Maryland applying to the portion of the District ceded from Maryland and those of Virginia applying to the portion ceded from Virginia. As a result, in the Maryland-ceded portion, sodomy was punishable with up to seven years' imprisonment for free persons and with the death penalty for enslaved persons, whereas in the Virginia-ceded portion it was punishable between one and ten years' imprisonment for free persons and with the death penalty for enslaved persons. Maryland repealed the death penalty for slaves in 1809 and modified the penalty for all persons to match Virginia's terms of imprisonment. In 1847, the Virginia-ceded portion was given back to Virginia, thus only the Maryland law had effect in the district. [5] In 1871, Congress enacted the District of Columbia Organic Act of 1871, a law that reorganized the district government and granted it home rule. All existing laws were retained unless and until expressly altered by the new city council. Direct rule was reinstated in 1874. The criminal status of sodomy became ambiguous until 1901, when Congress passed legislation recognizing common law crimes, punishable with up to five years' imprisonment or a fine of $1,000. [5]

In 1935, Congress made it a crime in the district to solicit a person "for the purpose of prostitution, or any other immoral or lewd purpose". In 1948, Congress enacted the first law specific to sodomy in the district, which established a penalty of up to ten years in prison or a fine of up to $1,000, regardless of sexuality. Oral sex was included in the law's application. Also included with this law was a psychopathic offender law and a law "to provide for the treatment of sexual psychopaths". [5] The metropolitan police department eventually had several officers whose sole job was to "check on homosexuals". Multiple court cases dealt with the issue in the following years. Many of the published sodomy and solicitation cases during the 1950s and 1960s reveal clear entrapment policies by the local police, some of which were disallowed by reviewing courts. In 1972, settling the case of Schaefers et al. v. Wilson, the D.C. government announced its intention not to prosecute anyone for private, consensual adult sodomy, an action disputed by the U.S. Attorney for the District of Columbia. The action came as part of a stipulation agreement in a court challenge to the sodomy law brought by four gay men. [5]

In 1973, Congress again granted the district home rule through the District of Columbia Home Rule Act. It provided for a new city council that could pass its own laws. However laws regarding certain topics, such as changes to the criminal code, were restricted until 1977. All laws passed by the D.C. government are subject to a mandatory 30-day "congressional review" by Congress. If they are not blocked, then they become law. [6] In 1981, the D.C. government enacted a law that repealed the sodomy law, as well as other consensual acts, and made the sexual assault laws gender neutral. However, the Congress overturned the new law. [7] A successful legislative repeal of the law followed in 1993. This time, Congress did not interfere. [8] [5] In 1995, all references to sodomy were completely removed from the criminal code, and in 2004, the D.C. government repealed an outdated law against fornication. [9]

Recognition of same-sex relationships

Same-sex domestic partnerships were legalized by the Council in 1992 through the Health Benefits Expansion Act, but the Republican-controlled Congress refused to approve the measure until 2002, when a legislative rider preventing congressional approval of the Act's implementation was not included that year. Afterwards, the domestic partnership provisions of District law were incrementally expanded.

Same-sex marriage in the District of Columbia was legalized on December 18, 2009, when Mayor Adrian Fenty signed a bill passed by the Council of the District of Columbia on December 15, 2009. Following the signing, the measure entered a mandatory congressional review of 30 work days. Marriage licenses became available on March 3, 2010, and marriages began on March 9. The District became the only jurisdiction in the United States below the Mason–Dixon Line to allow same-sex couples to marry, until neighboring Maryland legalized same-sex marriage on January 1, 2013.

Domestic partnerships for same-sex and opposite-sex couples remain available as an option alongside marriage. [10]

The District has provided benefits to same-sex partners of state employees since 2002. [11]

Adoption and family planning

Same-sex couples are allowed to legally adopt children. Additionally, lesbian couples have access to in vitro fertilization (the non-gestational, non-genetic parent is automatically recognized as a legal parent of a child born via donor insemination), [12] and gay couples are permitted to undertake gestational and traditional surrogacy arrangements under the same terms and conditions as different-sex couples. [13]

On December 2, 2016, a legislative committee passed a bill, in a 9–0 vote, to allow commercial surrogacy contracts for all couples. [14] On December 22, the Council of the District of Columbia passed the bill in its second reading unanimously by a vote of 13–0. [15] Mayor Muriel Bowser signed the bill into law on February 15, 2017, [16] and it went into effect on April 7, 2017, after the 30-day congressional review had passed.

Discrimination protections

Capital Pride is held annually in June. 2013 Capital Pride - Kaiser Permanente Silver Sponsor 25770 (8996215029).jpg
Capital Pride is held annually in June.
Participants at the 2018 parade Capital Pride Parade 2018 (28949029108).jpg
Participants at the 2018 parade
Participants at the 2018 parade Capital Pride Parade 2018 (28948551708).jpg
Participants at the 2018 parade

In the D.C. Human Rights Act, sexual identity and gender identity and expression are among its defined protected traits. Discrimination against these traits is illegal in housing, in employment, in public accommodations, and in educational institutions. [17]

In 1973, the D.C. government passed Title 34, an expansive human rights law that prohibited discrimination against many protected traits, which included sexual orientation. The city became among the first in the United States to offer discrimination protections to LGBT people. The law was incorporated into the D.C. Human Rights Act in 1977. [18] In 1989, Congress passed an amendment to the Human Rights Act, named after Senator William L. Armstrong, that permitted religious schools to discriminate against students based on sexual orientation. The D.C. government successfully repealed the Armstrong Amendment in 2015. [19] The act was also amended in 2006 to include gender identity and gender expression as protected traits. [18]

In June 2012, the D.C. government passed the Youth Bullying Prevention Act, which requires businesses serving youth to have clear anti-bullying policies. The law specifically adds protections for bullying of LGBT youth and children of LGBT parents. [20] It went into effect in September. [21]

In late 2020, the D.C. government passed a law that amended the D.C. Human Rights Act to add discrimination protections for LGBT seniors and seniors living with HIV in long-term care facilities. [22] The law went into effect in January 2021. [23]

Hate crime law

The District's hate crime law covers both sexual orientation and gender identity. [24] It provides additional penalties for crimes motivated by the victim's sexual orientation or gender identity, amongst other categories.

Gay panic defense

The gay panic defense, a controversial legal strategy that claims a victim's sexual orientation or gender identity and/or expression is to blame for a defendant's violence, including murder, [25] has been illegal in the District of Columbia since May 2021. [26] At the time of passage, eleven other states had already banned the defense. [25]

In September 2019, members of the D.C. Council introduced two bills to alter the city code by abolishing the gay panic defense. The bills used the term "heat of passion" to describe the panic defense. [27] The bills were referred to the council's Judiciary and Public Safety Committee to be merged [28] and by November 2020, the committee advanced the resulting bill to the full council. Named the "Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020", it is named after two LGBT people who were killed in the district. Bella Evangelista was a trans woman who was shot and killed by a 22-year-old man in 2003; Tony Hunter was a gay man who was killed during an assault by an 20-year-old man in 2008. The men charged in the two cases attempted to use the gay panic defense. [29] [30] The council unanimously passed the bill in December, [31] [32] and Mayor Muriel Bowser signed the bill in January 2021. [33] It was reported in January that the government might lack the necessary funds to fully implement the law. [34] The Associated Press reported in February that the attack on the U.S. Capitol had delayed several pieces of legislation from taking effect, including the law abolishing the gay panic defense. [35] After many delays, the law went into effect in May 2021. [26]

Civil litigation and other reforms

The District of Columbia has a pending law that would ban a judge or jury from devaluing personal injury or wrongful death lawsuits based on sexual orientation, gender identity, or gender expression, among other protected classes. [36] The "Stormiyah Denson-Jackson Economic Damages Equity Act of 2022" was named after a 12-year-old Black girl who committed suicide at a D.C. boarding school and whose wrongful death lawsuit was devalued. [37] It was passed by the D.C. Council in October 2022 and signed by Mayor Muriel Bowser in November. [36]

Transgender rights

Gender on identity documents

On identity documents issued by the District of Columbia, transgender people can amend the gender marker to reflect their correct gender identity, and they do not need to undergo gender-affirming surgery to do so. [38] [14] Nonbinary people can amend the gender marker on their driver's license to the third gender option "X", but not for other identity documents. [39]

In 2013, the D.C. government enacted the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, which allows D.C. residents to obtain a new birth certificate reflecting their gender identity so long as they provide a letter from a licensed health care provider certifying the resident's change in gender identity. It repealed an existing provision that required the resident to undergo gender-affirming surgery. The law was named after JaParker Deoni Jones, a trans woman who was murdered in 2012. [38] [40] D.C. became the sixth jurisdiction in the United States behind Oregon, California, Vermont, Washington, and a portion of the federal government to ease name changing rules for transgender people. [41]

In 2016, the D.C. government unanimously approved the "Death Certificate Gender Identity Recognition Amendment Act of 2016", a law that was proposed the year before but failed, [42] which allows a transgender person's gender identity to be properly recorded on their death certificate. [14] It went into effect in April 2017. [43]

In June 2017, the D.C. Department of Motor Vehicles began offering a third gender option on driver's licenses and identification cards: "X". Whitman-Walker Health (WWH) and the National Center for Transgender Equality (NCTE) helped lead the initiative. [44] The department issued the first-ever gender-neutral identification card in the United States to Shige Sakurai, an LGBT rights activist who drove WWH and the NCTE to lead the initiative. [45] In September 2018, the D.C. government unanimously approved the Nonbinary Identification Cards Amendment Act of 2017, which codified the department's decision into law. The bill did not specify that the "X" option is available for birth certificates. [39]

Prison

Before June 2021, the D.C. Department of Corrections housed transgender inmates in the men's or women's sections of the D.C. Jail based on their physical anatomy until a special housing committee determined their permanent placement. In May 2021, a trans woman backed by the D.C. chapter of the American Civil Liberties Union filed a discrimination lawsuit against the policy. [46] She was quickly transferred to a women's cell and the Department of Corrections adopted a new policy. [47] It stated that the department will house "Transgender, Intersex, or Gender Nonconforming inmates in male or female units based on their preference". The department also agreed to limit the time the inmates are held in solitary confinement prior to receiving their assignment. [48]

Other reforms

In November 2022, a bill was signed into law by the Mayor subject to a 30 day Congressional review (that passed the DC council unanimously 13-0) which implements and codified namely - transgender individuals rights, abortion, sexual behavior between consenting adults, body anatomy, etc into DC code and also "legally provides both sanctuary and immunity to prosecution by other jurisdictions outside of DC with anti-gay, anti-transgender and anti-abortion policies towards individuals by law enforcement". California has similar legislation implemented. [49] [50]

In July 2023, the DC Board of Education updated its policies unanimously to explicitly include the LGBTQ+ community and its history and origins within social studies standards in classrooms of schools. The changes will go into effect in the 2024-2025 school year. [51]

Conversion therapy

Conversion therapy, the pseudoscientific practice of attempting to change a person's sexual orientation, gender identity, or gender expression to align with heterosexual and cisgender norms, is illegal in the District of Columbia since the 2010s. It was made illegal for minors in 2015 [52] and for adults in 2019. [4]

In December 2014, the D.C. government unanimously approved a ban on conversion therapy on minors. Despite pressure from groups that oppose LGBT rights, Congress did not introduce legislation overturning or blocking the bill. D.C. became the third U.S. jurisdiction  behind California and New Jersey  to enact a ban. [52] [53] The bill went into effect in March 2015. [54]

In January 2019, the D.C. government extended conversion therapy ban to adults in a unanimous decision, specifically those that are not allowed to make their own medical decisions. [55] [56] Mary Cheh, the author of both bans, reported that the original ban had to be extended to adults that are not permitted or unable to make their own medical decisions. [4] The bill went into effect in March 2019. [57] It was the first of its kind to ban conversion therapy for adults, making the city's conversion therapy bans the most comprehensive in the United States. [58]

Blood and tissue donation

In the United States, the Food and Drug Administration (FDA) issues non-binding guidance for deferral of blood donations, which are universally followed. [59] In May 2023, the restrictions were updated to focus on behavior rather than sexual orientation or gender. People are ineligible to donate blood if they have: [60]

  • Had anal sex within the past 3 months and have a new or multiple sexual partners
  • Ever tested positive for HIV or been treated for HIV with anti-retroviral therapy
  • Taken any HIV prevention medication (PEP or PrEP; these can affect test results) by mouth within the past 3 months or by injection within the past 2 years
  • Ever exchanged sex for payment or barter
  • Used non-prescription injection drugs within the past 3 months
  • Had sex within the past 3 months with someone who has ever tested positive for HIV
  • Received an allogeneic blood transfusion or been exposed to blood of another individual (e.g. through a wound) within the past 3 months
  • Gotten a tattoo or body piercing within the last 3 months, unless pierced with single-use equipment or tattooed in a state-approved shop with sterile needles and non-reused ink
  • Been infected with or treated for syphilis or gonorrhea within the past 3 months
  • Hemophilia or other clotting factor deficiency
Current regulations prohibit tissue and semen donation by any man who has had sex with another man in the preceding five years, even if all infectious testing is negative. [61] This five-year MSM deferral policy prevents thousands of donations of eye tissue annually, despite a global shortage of donated eye tissue needed for vision-restoring corneal transplant surgeries. [62]

Public opinion and demographics

A 2013 Williams Institute survey showed that 10% of the D.C. adult population identified as LGBT. This was the highest in the United States. [63]

A 2017 Public Religion Research Institute poll found that 78% of D.C. residents supported same-sex marriage, while 17% were opposed and 5% were unsure. [3] Additionally, 84% supported an anti-discrimination law covering sexual orientation and gender identity. 10% were opposed.

Public opinion for LGBT anti-discrimination laws in the District of Columbia
Poll sourceDate(s)
administered
Sample
size
Margin of
error
 % support % opposition % no opinion
Public Religion Research Institute January 2-December 30, 2019 1,139 ?72%21%7%
Public Religion Research Institute January 3-December 30, 2018 1,043 ?78%16%6%
Public Religion Research Institute April 5-December 23, 2017 1,396 ?84%10%6%
Public Religion Research Institute April 29, 2015-January 7, 2016 1,421 ?73%23%4%

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1993)
Equal age of consent (16) Yes check.svg (Since 1993)
Anti-discrimination laws in all areas Yes check.svg (Both sexual orientation and gender identity)
Learning about the LGBTQ+ community and its history within all DC schools and classrooms Yes check.svg (Effective from Term 1 2025, by the DC Board of Education) [64]
Recognition of same-sex couples (e.g domestic partnership, civil unions and/or same-sex marriage) Yes check.svg (Domestic partnership available since 2002; Same-sex marriage legalized and implemented in 2010)
Stepchild and joint adoption by same-sex couples Yes check.svg
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) [65]
Conversion therapy banned Yes check.svg (Since 2015 for minors and since 2019 for adults) [66]
Abolition of the common-law gay and trans panic defense Yes check.svg (Since 2021) [67]
Right to change legal gender without surgery Yes check.svg
Third gender option Yes check.svg / X mark.svg (Since 2017 for driver's licenses, not available for birth certificates)
Access to IVF for lesbian couples Yes check.svg
Surrogacy arrangements legal for gay male couples Yes check.svg
MSMs allowed to donate blood Yes check.svg (Since 2023, with conditions - such as being monogamous) [68]

See also

Related Research Articles

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

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.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

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

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.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Ohio enjoy most of the same rights as non-LGBTQ people. Same-sex sexual activity has been legal in Ohio since 1974, and same-sex marriage has been legally recognized since June 2015 as a result of Obergefell v. Hodges. Ohio statutes do not address discrimination on account 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 in 2020. In addition, a number of Ohio cities have passed anti-discrimination ordinances providing protections in housing and public accommodations. Conversion therapy is also banned in a number of cities. In December 2020, a federal judge invalidated a law banning sex changes on an individual's birth certificate within Ohio.

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

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.

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

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.

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

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.

<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">LGBT rights in New York</span>

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.

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

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.

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

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Maryland enjoy the same rights as non-LGBTQ people. The state's anti-sodomy provisions were ruled unconstitutional in 1999 and repealed by the state's legislature in 2023. Maryland has had statewide protections against discrimination based on an individual's sexual orientation since 2001 and gender identity since 2014. Legislation to legalize same-sex marriage in Maryland was approved by voters on November 6, 2012 and went into effect on January 1, 2013. Today, the state of Maryland is regarded as one of the most LGBTQ-friendly states in the country, with a 2022 Public Religion Research Institute showing that 87% of Marylanders support LGBTQ anti-discrimination laws. Additionally, a ban on conversion therapy on minors became effective on October 1, 2018. In October 2020, Montgomery County passed unanimously an ordinance that implemented an LGBTIQ+ bill of rights.

<span class="mw-page-title-main">LGBTQ rights in Washington (state)</span>

The state of Washington is seen as one of the most progressive states in the U.S. in regard to lesbian, gay, bisexual, transgender and queer (LGBTQ) rights; with jurisprudence having evolved significantly since the late 20th century. Same-sex sexual activity was legalized in 1976. LGBTQ people are fully protected from discrimination in the areas of employment, housing and public accommodations; the state enacting comprehensive anti-discrimination legislation regarding sexual orientation and gender identity in 2006. Same-sex marriage has been legal since 2012, and same-sex couples are allowed to adopt. Conversion therapy on minors has also been illegal since 2018.

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

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.

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

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.

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

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.

<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. 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.

<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 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.

References

  1. 1 2 "By the numbers: Same-sex marriage". CNN.com. Retrieved November 2, 2013.
  2. SAME-SEX MARRIED TAX FILERS AFTER WINDSOR AND OBERGEFELL
  3. 1 2 PRRI: American Values Atlas 2017, Washington, DC
  4. 1 2 3 Dillon, Brian (January 25, 2019). "Washington DC Becomes First US Territory To Ban Conversion Therapy For Adults". Gay Community News . Retrieved December 11, 2022.
  5. 1 2 3 4 5 Painter, George (January 31, 2005). "The History of Sodomy Laws in the United States - District of Columbia". Gay and Lesbian Archives of the Pacific Northwest . Retrieved December 11, 2022.
  6. "Chronology of the District of Columbia's Denial of Democracy". D.C. Vote. Retrieved December 11, 2022.
  7. "H.Res.208 - A resolution disapproving the action of the District of Columbia Council in approving the District of Columbia Sexual Assault Reform Act of 1981". Congress.gov . United States Congress. Archived from the original on June 18, 2021. Retrieved December 11, 2022.
  8. Sanchez, Rene (April 8, 1993). "D.C. Repeals Sodomy Law". The Washington Post . Retrieved December 11, 2022.
  9. "D.C. Sodomy Law". Human Rights Campaign. March 8, 2007. Archived from the original on November 15, 2016. Retrieved November 2, 2013.
  10. "D.C. Marriage/Relationship Recognition Law". Hrc.org. Retrieved November 2, 2013.
  11. National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees" Archived December 30, 2010, at the Wayback Machine , accessed April 16, 2011
  12. "District of Columbia's equality profile". Movement Advancement Project.
  13. "What You Need to Know About Surrogacy in Washington, D.C." American Surrogacy.
  14. 1 2 3 Chibbaro, Lou Jr. (December 2, 2016). "D.C. Council committee approves 2 LGBT bills". Washington Blade . Retrieved December 12, 2022.
  15. B21-0016 - Collaborative Reproduction Amendment Act of 2015
  16. D.C. Council passes bill to end 25-year ban on surrogacy agreements
  17. "Protected Traits in DC". Office of Human Rights. Government of the District of Columbia . Retrieved December 12, 2022.
  18. 1 2 "District of Columbia Archive". Freedom for All Americans . Retrieved December 12, 2022.
  19. Chibbaro, Lou Jr. (May 2, 2015). "D.C. LGBT, Reproductive Rights Bills Become Law". Washington Blade . Retrieved December 12, 2022.
  20. "Today in D.C.: The Youth Bullying Prevention Act Is Signed into Law!". Family Equality Council. June 22, 2012. Retrieved December 12, 2022.
  21. "D.C. Law 19-167. Youth Bullying Prevention Act of 2012". Council of the District of Columbia . Retrieved December 12, 2022.
  22. Chibbaro, Lou Jr. (October 8, 2020). "-D.C. Council gives final approval to LGBTQ seniors bill". Washington Blade . Retrieved December 12, 2022.
  23. "B23-0037 - Care for LGBTQ Seniors and Seniors with HIV Amendment Act of 2019". Council of the District of Columbia . Retrieved December 12, 2022.
  24. "D.C. Hate Crimes Law". Hrc.org. March 8, 2007. Retrieved November 2, 2013.
  25. 1 2 "LGBTQ+ "Panic" Defense". National LGBTQ+ Bar Association . Retrieved December 11, 2022.
  26. 1 2 "D.C. Law 23-283. Bella Evangelista and Tony Hunter Panic Defense Prohibition and Hate Crimes Response Amendment Act of 2020". Council of the District of Columbia . Retrieved December 11, 2022. D.C. Law 23-283 became effective May 15, 2021.
  27. Baume, Matt (September 18, 2019). "D.C. Moves to Ban 'Gay Panic' Defense Legal in 42 States". Out . Retrieved December 11, 2022.
  28. Chibbaro, Lou Jr. (September 17, 2019). "Two Versions of Bill to Ban LGBT Panic Defense Introduced in D.C. Council". Washington Blade . Retrieved December 11, 2022.
  29. Chibbaro, Lou Jr. (November 23, 2020). "D.C. Council Committee Approves Bill to Ban LGBTQ Panic Defense". Washington Blade . Retrieved December 11, 2022.
  30. Fistonich, Matt (November 25, 2020). "Washington D.C on Track to Ban 'Panic Defence'". Gay Nation. Retrieved December 11, 2022.
  31. Chibbaro, Lou Jr. (December 16, 2020). "D.C. Council approves Bill Banning LGBTQ Panic Defense". Washington Blade . Retrieved December 11, 2022.
  32. Kelleher, Patrick (December 17, 2020). "Washington DC Votes to Ban Egregious Gay and Trans Panic Defences in Honour of Slain Victims". PinkNews . Retrieved December 11, 2022.
  33. Van Slooten, Philip (January 19, 2021). "Md., Va, Lawmakers Introduce Bills to Ban LGBTQ Panic Defense". Washington Blade . Retrieved December 11, 2022. D.C. Mayor Muriel Bowser on Jan. 11 signed legislation that bans the so-called LGBTQ panic defense in the nation's capital.
  34. Chibbaro, Lou Jr. (January 5, 2021). "D.C. Budget Lacks Funds to Implement Part of LGBTQ Bill". Washington Blade . Retrieved December 11, 2022.
  35. Khalil, Ashraf (February 1, 2021). "Fence at Capitol Blocks DC Government from Enacting New Laws". Associated Press . Retrieved December 11, 2022.
  36. 1 2 "B24-0061 - Stormiyah Denson-Jackson Race and Gender Economic Damages Equality Amendment Act of 2021". Council of the District of Columbia . Retrieved December 11, 2022.
  37. Barnett, Gigi (March 15, 2022). "Mother of Girl Who Died at DC Boarding School Urges Passage of Wrongful Death Bill". WTOP News . Retrieved December 11, 2022.
  38. 1 2 Chibbaro, Lou Jr. (July 11, 2013). "Council Approves Trans Birth Certificate Bill". Washington Blade . Retrieved December 12, 2022.
  39. 1 2 Chibbaro, Lou Jr. (September 20, 2018). "D.C. Council Approves 'Nonbinary' I.D. Card Bill". Washington Blade . Retrieved December 12, 2022.
  40. "B20-0142 - JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013". Council of the District of Columbia . Retrieved December 12, 2022.
  41. "Huge Victory in D.C.: City Council Modernizes Name and Gender Change Procedures and Creates Model for the Country". National LGBTQ Task Force. July 10, 2013. Retrieved December 12, 2022.
  42. Chibbaro, Lou Jr. (October 21, 2015). "Gender Identity 'Death certificate' Bill Introduced". Washington Blade . Retrieved December 12, 2022.
  43. "B21-0444 - Death Certificate Gender Identity Recognition Amendment Act of 2015". Council of the District of Columbia . Retrieved December 12, 2022.
  44. Rook, Erin (June 22, 2017). "Washington, DC Joins Oregon in Offering Third Gender Marker on Drivers' Licenses". LGBTQ Nation . Retrieved December 12, 2022.
  45. Cooper, Mariah (August 10, 2018). "Back to School 2018: UMD Advocates for Trans Inclusivity". Washington Blade . Retrieved December 12, 2022.
  46. Mettler, Katie (May 14, 2021). "Transgender Woman Sent to Men's Cell Unit in D.C. Jail Wins Fight for Transfer". The Washington Post . Retrieved December 17, 2022.
  47. Davies, Emily (August 25, 2021). "D.C. Jail's New Housing Policy for Transgender Inmates Faces Scrutiny". The Washington Post . Retrieved December 17, 2022.
  48. Leave No One Behind: 2022 DC LGBTQ Election Guide (PDF) (Report). Gay and Lesbian Activists Alliance. March 31, 2022. p. 8. Retrieved December 17, 2022.
  49. "Washington DC Mayor signs 'comprehensive' trans and abortion bill". November 29, 2022.
  50. "Washington D.C. B24-0808 | 2021-2022 | 24th Council".
  51. 1 2 Chibbaro, Lou Jr. (March 16, 2015). "D.C. Bill Banning Conversion Therapy for Minors Becomes Law". Washington Blade . Retrieved December 11, 2022.
  52. Davis, Aaron C. (December 2, 2014). "D.C. Bans Gay Conversion Therapy of Minors". Washington Post. Retrieved December 11, 2022.
  53. "B20-0501 - Conversion Therapy for Minors Prohibition Amendment Act of 2013". Council of the District of Columbia . Retrieved December 11, 2022.
  54. Moore, Matt (January 27, 2019). "Washington DC Becomes the First Territory in the US to Ban Gay 'Cure' Therapy for Adults". Gay Times . Retrieved December 11, 2022.
  55. Chibbaro, Lou Jr. (January 24, 2019). "Bowser Signs Conversion Therapy Ban for Adults with Disabilities". Washington Blade . Retrieved December 11, 2022.
  56. "B22-0972 - Conversion Therapy for Consumers under a Conservatorship or Guardianship Amendment Act of 2018". Council of the District of Columbia . Retrieved December 11, 2022.
  57. Bollinger, Alex (December 5, 2018). "D.C. May Soon Have America's Toughest Conversion Therapy Ban". LGBTQ Nation . Retrieved December 11, 2022.
  58. Sircar, Neiloy (2018). "Good Public Health Policy, Better Public Health Law: Blood Donation, Individual Risk Assessments, & Lifting the Deferral for Men Who Have Sex With Men" (PDF). Food and Drug Law Journal. 73 (1). Archived (PDF) from the original on September 16, 2020. Retrieved September 15, 2020.
  59. "Recommendations for Evaluating Donor Eligibility Using Individual Risk-Based Questions to Reduce the Risk of Human Immunodeficiency Virus Transmission by Blood and Blood Products". Food and Drug Administration . Archived from the original on May 19, 2023. Retrieved June 3, 2023.
  60. "US Food and Drug Administration. Guidance for industry: eligibility determination for donors of human cells, tissues, and cellular and tissue-based products (HCT/Ps)". Food and Drug Administration .
  61. Puente, Michael A.; Patnaik, Jennifer L.; Lynch, Anne M.; Snyder, Blake M.; Caplan, Chad M.; Pham, Binhan; Neves da Silva, Helio V.; Chen, Conan; Taravella, Michael J.; Palestine, Alan G. (November 1, 2020). "Association of Federal Regulations in the United States and Canada With Potential Corneal Donation by Men Who Have Sex With Men". JAMA Ophthalmology. 138 (11): 1143–1149. doi:10.1001/jamaophthalmol.2020.3630. PMC   7516798 . PMID   32970105.
  62. LGBT Percentages Highest in Washington, DC, and Hawaii
  63. Bellamy-Walker, Tat (January 25, 2021). "Biden Reverses Trump's Transgender Military Ban". GayCityNews.com.
  64. Dupuis, Adam (January 27, 2019). "D.C. soon To Be First Territory To Ban Conversion Therapy On Adults". Instinct Magazine.
  65. "Movement Advancement Project | Gay/Trans Panic Defense Bans".