LGBT rights in Tennessee | |
---|---|
Status | Legal since 1996 (Campbell v. Sundquist) |
Gender identity | blocked by the Vital Records Act of 1977 |
Discrimination protections | Sexual orientation and gender identity in employment only federally since 2020, enforcement blocked by the Equal Access to Intrastate Commerce Act, and also its enforcement is additionally blocked by a state court ruling. [1] |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 |
Adoption | Legal since 2007 |
Lesbian, gay, bisexual, and transgender (LGBT) people in Tennessee may experience some legal challenges that non-LGBT residents do not. [2] [3] Same-sex sexual activity has been legal in the state since 1996. Marriage licenses have been issued to same-sex couples in Tennessee since the Supreme Court ruling in Obergefell v. Hodges on June 26, 2015.
The Tennessee Court of Appeals ruled unanimously that the state's sodomy statute was unconstitutional in 1996 in the case of Campbell v. Sundquist. [4]
In November 2023, the city of Murfreesboro within Rutherford County, Tennessee formally removed "homosexuality" from its local ordinance that criminalizes it [5] [6] after being ordered to do so by U.S. District Judge Waverly D. Crenshaw on October 20, 2023. [7] The ruling stated that the city "shall not" enforce any code that uses the term "homosexuality" in the definition of "sexual conduct". [7] The Tennessee Equality Project had an ongoing suit in the matter, [8] which has since settled. [9] (See Drag Performances § City of Murfreesboro for more information.)
Prior to the Obergefell v. Hodges ruling by the U.S. Supreme Court, Tennessee recognized neither same-sex marriages nor any other form of same sex-unions. The state banned same-sex marriage both by statute and by constitutional amendment.
In March 2023, the state house passed HB 878 to allow government employees to refuse to solemnize a marriage that went against their personal beliefs. [10] In February 2024, the Governor signed into law the one page bill. [11]
The cities of Collegedale [12] and Knoxville [13] together with the Metropolitan Area of Nashville and Davidson County [14] [15] have enacted domestic partnership benefits for same-sex couples. The Chattanooga City Council voted to allow domestic partnerships in 2013, but this was repealed by voters in August 2014. [16] However, same-sex marriages have been available throughout Tennessee since the June 2015 Supreme Court ruling overturning same-sex marriage bans nationwide.
Tennessee allows single persons to adopt children. Same-sex couples may legally adopt in the state. In 2007, the Tennessee Attorney General released an opinion that no state law prohibited adoption by same-sex couples and that such adoptions could be made if in the child's best interest. [17]
In January 2020, the Tennessee General Assembly, returning for its first session of the year, immediately passed a bill to allow adoption and welfare agencies to reject LGBTQ parents if the agency cited its “sincerely held religious beliefs." The exemption would protect the agencies from liability and lawsuits. 11 other US jurisdictions have similar laws. Governor Bill Lee signed the bill into law, and it took effect immediately. [18] [19]
Tennessee law does not prohibit discrimination of the basis of sexual orientation and gender identity. [20] Since 2020, the federal protections stemming from the Supreme Court's rulings in Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission have been available in Tennessee.
This was followed in January 2021 by executive orders from the Biden administration, enabling sanctions against schools and colleges that did not follow the directives of the Equal Employment Opportunity Commission or Department of Education on the protection of gay, lesbian and transgender students. Allowed actions against non-complying schools included legal action, civil penalties and withholding of federal funding. Twenty state-attorneys general joined a suit against enforcement of the executive order and on July 15, 2022, a federal judge of the Eastern District of Tennessee issued a preliminary injunction, temporarily preventing the two agencies from enforcing their directives under the presidential order. The federal discrimination protections still apply in all twenty states, only the specific enforcements outlined in the executive order are temporarily blocked, pending continuing legal proceedings. [21] [22]
The cities of Knoxville, [23] Memphis, [24] Franklin, Chattanooga [25] and the Metropolitan Area of Nashville and Davidson County [26] have ordinances prohibiting discrimination in public employment on the basis of sexual orientation and gender identity, but these ordinances do not apply to private employers. [27] The Equal Access to Interstate Commerce Act blocks this from being enforced.
This "local preemption" bill would prevent government agencies from examining a business's anti-discrimination policies when deciding whether to hire that business for a taxpayer-funded contract. A scheduled vote in the Tennessee House was rescheduled from March 14, 2019, to March 21. [28]
On March 7, 2018, the United States Court of Appeals for the Sixth Circuit (covering Kentucky, Michigan, Ohio and Tennessee) ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people under the category of sex. It also ruled that employers may not use the Religious Freedom Restoration Act to justify discrimination against LGBT people. Aimee Stephens, a transgender woman, began working for a funeral home and presented as male. In 2013, she told her boss that she was transgender and planned to transition. She was promptly fired by her boss who said that "gender transition violat[es] God's commands because a person's sex is an immutable God-given fit." [29] With this decision, discrimination in the workplace based on gender identity is now banned in Tennessee.
An appeal to the case was heard by the Supreme Court, argued on October 7, 2019, term under R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission. It was assigned docket number 17-1618, and decided on June 14, 2020. The finding was that employers firing individuals merely for being LGBTQ+ violate Title VII of the Civil Rights Act of 1964 in so doing. [30] [31] The case was decided 6 to 3.
On July 26, 2022, Brandon J. Smith, Chief of Staff for then Attorney General and Reporter of Tennessee Herbert H Slatery III, signed a court filing of a lawsuit wherein the states of Tennessee, Indiana, Alabama, Alaska, Arizona, Arkansas, Georgia, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Utah, Virginia, and West Virginia all sued the US federal government, specifically the US Department of Agriculture; Cindy Long, the Administrator of Food and Nutrition Service at the USDA; and Roberto Contreras, the Director of Food and Nutrition Service Civil Rights Division at the USDA. [32] At issue was Executive Order 13988, signed January 20, 2021. The order prevented discrimination on the basis of sexual orientation or gender identity, a blanket directive to comply with the Bostock SCOTUS decision. [33]
Pursuant to that executive order, the USDA issued a policy update on May 5, 2022. Memo CRD 01-2022 set forth policies to make certain that no discrimination on the basis of sexual orientation or gender identity takes place when states process applications for SNAP benefits. [34]
The above named states sued the USDA claiming that implementing the nondiscrimination policy would put an undue burden on the states, specifically relying on the requirements of the Administrative Procedures Act and the fact that the states were not given opportunity to comment prior to the USDA policy memo being implemented. [35] It also argued that the USDA was trying to circumvent Congress and write law. [36]
U.S. District Judge Travis R. McDonough decided the case on March 29, 2023, ruling that the plaintiff states were exaggerating the issues at hand. The ruling states, "Does a regulation interpreting [7 U.S.C. § 2011, et seq., and 20 U.S.C. § 1681, et seq.] to prohibit such food assistance discrimination upend everything from free speech and religious freedom to living facilities and sports teams? Plaintiff States insist they do, but the Court disagrees." [37] He went on to grant the USDA's motion to dismiss the case, at one point saying, “This case is about food stamps and nutrition education, not bathrooms, sports teams, free speech, or religious exercise,” and continuing, "Plaintiff States’ insistence to the contrary is no more than an invitation to join a political discussion untethered to applicable statutes and precedent.” [37] [38]
As of March 2023, current Tennessee AG Jonathan Skrmetti's office is considering an appeal. [38] On April 18, 2023, a motion was filed for Attorney General Eric Hamilton to appear pro hac vice. The motion was granted. [39]
Tennessee law has punished hate crime on the basis of sexual orientation since 2001. The law does not explicitly include gender identity, though it is covered by federal law. [40] Tennessee Attorney General Herbert H. Slatery stated in February 2019 that hate crime laws implicitly cover gender identity, because gender or sex is explicitly covered in Tennessee hate crime legislation - a legal first for a southern US state. [41]
The opinion was issued in response to a query by Representative Mike Stewart (D-Nashville), who asked, "If a defendant selects the person against whom he commits a crime because the person is transgender, may a court enhance the defendant’s sentence under § 40-35-114(17)?" [42] The question was raised in response to state Senator Sara Kyle filing a bill in the Tennessee Senate in 2018 to explicitly add gender identity to the hate crime statute. After the opinion, Stewart told reporters, "Let's see how the courts actually utilize the law in practice and let's see how much protection it provides." [43]
AG Slatery's formal opinion stated that a crime committed against someone because they are transgender is covered under the queried statute, as, "a crime committed against a person because that person manifests a gender that is different than his or her biological gender at birth—i.e. a crime committed against a person because he or she is transgender—is thus necessarily committed because of, at least in part, the person’s gender." [42] [44] [45]
The Tennessee Bureau of Investigation's hate crime statistics report from 2019 through 2021 records 0 incidents against transgender persons in 2019, 1 in 2020, and 2 in 2021. [46] The numbers might be underreported, however, as the DOJ records at least 1 crime committed against a Tennessean as a result of their gender identity in 2019. [47] It is also possible that intersecting regulations cause crimes that would qualify as hate crimes to not be investigated as such. [48]
In 1977, the Tennessee state legislature prohibited the state from altering the sex on a birth certificate. According to the Tenn. Code Ann. § 68-3-203(d): “The sex of an individual shall not be changed on the original certificate of birth as a result of sex change surgery." [49] [50]
On March 26, 2021, Governor Bill Lee signed a bill to ban transgender youth from school athletic sports. [51] The bill had passed the Tennessee Senate on March 1 (the vote was 27–6) [52] and the Tennessee House of Representatives on March 22 (the voice vote was 71–16 with 5 abstentions). [53] The ACLU threatened to sue. [54] Mississippi, Arkansas, Alabama, West Virginia and Idaho have similar laws.
When the Tennessee state legislature reconvened in May 2020 during the coronavirus health crisis, the House moved HB 1572 [55] and HB 1689 [56] targeting transgender student athletes. The Senate also had the ability to move SB 1736 [57] (its version of HB 1689), as this had been under consideration before the Legislature adjourned in March.
In March 2020, before the House adjourned during the coronavirus health crisis, it had been considering HB 2576 [58] and HB 2827, [59] targeting medical care for transgender youth. In May 2021, the Governor Bill Lee signed into law effective immediately and passing the Tennessee General Assembly a puberty blockers ban on prepubescent children (usually under 13 or 14 years old). Arkansas has a similar law, but it applies to anyone under 18 years old. [60]
In February 2023, the ban was expanded to make it illegal to provide gender-affirming healthcare to any trans person under 18, both in-state and via telehealth from out of state. Governor Lee signed the bill into law on March 1, 2023, alongside the Tennessee Adult Entertainment Act. [61] [62]
Under the law, no minors could begin receiving gender-affirming care after July 1, 2023, and minors who had already begun receiving gender-affirming care prior to that date would have that care entirely withdrawn by March 31, 2024. People who receive gender-affirming care as minors and who later regret it will be able to sue their parents, guardians, and physicians. [63] [64] [65] The law also allows the Tennessee Attorney General to sue any healthcare professional providing such care to be sued for $25,000. [62] [66]
On April 26, 2023, the United States Department of Justice joined the ACLU and Lambda Legal in suing the state of Tennessee, asking the court to declare the healthcare ban unconstitutional. [67] [68] [69] [70] A federal court issued a partial temporary injunction on June 28, 2023, [71] saying, "If Tennessee wishes to regulate access to certain medical procedures, it must do so in a manner that does not infringe on the rights conferred by the United States Constitution, which is of course supreme to all other laws of the land." [72] By June 30, Skrmetti had filed a motion with the Sixth Circuit Court of Appeals to obtain a stay on the District Court's judgement. [73] The emergency appeal was granted by Judge Sutton, halting Judge Richardson's ruling from taking effect. [74]
On July 8, 2023, the ruling from the District Court for the Middle District of Tennessee was temporarily reversed. [75] [76] [77] [78] One of the reasons cited for removing the injunction was the Dobbs case; another was that the court said it saw no evidence that the treatment at issue is "deeply rooted in our history and traditions." [79] [80] The dissenting justice, Judge White, said that she believed the law to be unconstitutional and because of that she would have only narrowed the scope of the injunction rather than issued a stay as the Appellate Court chose to do. [81]
Judge Sutton also noted that this is a preliminary ruling, acknowledging, "We may be wrong." [82] He has set a goal for resolving the case by September 30, 2023. [83] Some have already considered that this case is likely to end up before SCOTUS. [84] [85]
In June 2023, the Attorney General's office mandated that Vanderbilt University Medical Center turn over the medical records of all patients referred to the transgender clinic for gender-affirming care. AG Skrmetti has stated that the investigation is into allegations of fraud following videos and tweets posted by Matt Walsh. [86] [87] VUMC complied. [88] [89] [90] Two patients sued. [91] [92] Separately, the U.S. Department of Health and Human Services is investigating on the basis of federal civil rights laws. [93]
In April 2024, the Tennessee State Legislature passed a bill to ban gender affirming care for Tennessee inmates. [94]
On May 2, 2019, Tennessee governor Bill Lee signed into law legislation defining a trans person using the bathroom corresponding with their gender identity as "indecent exposure." The Tennessee Equality Project had complained about the bill's original language, and although that language was altered before it became law, the organization still believed the bill was harmful to trans people. [95]
In May 2021, another “bathroom bill 2.0” for Tennessee school students and small businesses was passed and signed into law by the Tennessee General Assembly and Tennessee Governor Bill Lee. [96] It banned transgender students from using bathrooms within public schools and required small businesses to post warning signs if they allow transgender people in multiperson bathrooms. Small-business owners faced up to 6 months jail for noncompliance. [97] [98] [99] This went farther than the 2016 North Carolina bathroom law that, due to economic and social damage, North Carolina repealed in 2019. [100] [101] [102] [103] [104] Although Tennessee's law took effect on July 1, 2021, a federal judge placed an injunction on it on July 9 and later struck it down entirely in May 2022, partly on the grounds that it violated business owners' First Amendment rights. [105] [106]
In May 2021, Nashville Davidson County business owners and citizens learned they would not be subjected to criminal prosecution if they refused to comply with the transgender bathroom sign bill because District Attorney General Glenn Funk said his office would not dedicate any resources to enforcing the legislation he called hateful and harmful. [107]
DA Funk released the following statement about the legislation:
“I believe every person is welcome and valued in Nashville,” Nashville District Attorney General Glenn Funk said in a statement. “Enforcement of transphobic or homophobic laws is contrary to those values. My office will not promote hate.” [108]
In July 2021, a federal judge with an injunction immediately stopped the Tennessee "bathroom signs law" within small businesses - from going into legal effect. Other lawsuits and appeals within state and federal courts are pending awaiting outcomes. [109] [110] [111]
In August 2021, several lawsuits were filed in both state and federal courts and to also "sue the whole state of Tennessee" - to put a stop the enforcement of the public school bathroom law within Tennessee that went into effect on July 1. [112] [113]
In April 2022, a further two bills were passed by the Tennessee General Assembly. The Governor of Tennessee Bill Lee is yet to either sign or veto any of the two bills. The first bill legally "bans the usage of student pronouns by teachers within Tennessee school classrooms, and to also prevent any litigation against individuals within courts of the usage of those pronouns" and the second bill legally "bans transgender individuals playing any sports, athletics and/or Olympics within Tennessee colleges" (not just schools, removing a loophole). [114] [115]
In November 2022, the Tennessee General Assembly prefiled a bill to redefine the legal definition of "adult cabaret performance" to ban any "male or female impersonators" from any public property or anywhere they could be seen by someone who's not an adult, under criminal penalty. Instructor Alejandra Caraballo of Harvard Law School was quoted as saying the bill could easily "be applied to trans people for simply existing as themselves", and that, "They're not just going after drag queens, they are trying to criminalize trans and queer people in public spaces." [116] In February 2023, both houses of the state legislature passed the bill, sending it to the governor. [117] [118] Governor Bill Lee had said he would sign it. During a subsequent protest over the bill, two people - one trans woman, and one drag queen - were arrested by Memphis Police after shouting "Drag is not a crime" and "Bill Lee is a Nazi". [119] The bill has since been signed. [120]
Memphis DA, Steven J. Mulroy called the anti-drag bill "ill advised" he also stated that while enforcing it, he wouldn't focus on it. [121] In March, hours before the bill would be enacted, Judge Thomas Parker of United States District Court for the Western District of Tennessee halted the bill to review it. The judge questioned the bill and its lack of qualifications, stating, "The law prohibits a drag performer wearing a crop top and mini skirt from dancing where minors might see it, but does not prohibit a Tennessee Titans cheerleader wearing an identical outfit from performing the exact same dance in front of children." [122] In June 2023, Judge Parker formally declared the law unconstitutional as vague and overbroad. [123]
Tennessee's Attorney General, Jonathan Skrmetti, filed a Notice of Appeal in June 2023. [124] [125] Oral arguments were heard in the case on February 1, 2024. There is no schedule yet for a decision. [126]
Skrmetti has also offered his legal opinion that Judge Parker's ruling is only valid for Shelby County and that the law remains in effect for the rest of the state. [127] In deference to that opinion, Blount County District Attorney Ryan K. Desmond issued a letter to Blount Pride and organizer Flamy Grant in August 2023. It advised that the Pride celebration scheduled for September was illegal under Tennessee law. [128] The ACLU of Tennessee filed suit on behalf of Blount Pride on August 30, 2023 [129] and US. District Judge J. Ronnie Greer issued an injunction on September 1, 2023. [130] [131] Greer pointed out in his decision that DA Desmond agreed in his court filings that the event posted no threat to children. [132] The case is still pending.
In October 2023, the City of Murfreesboro passed ordinance 23-O-22 which used the wording already existing in the city's laws to arguably criminalize being homosexual in public. [6] [133] The ACLU of Tennessee filed suit on behalf of the Tennessee Equality Project. [134] [135] The suit also alleges that city officials have engaged in a year-long concerted effort of harassment to prevent members of the Tennessee Equality Project from exercising their First Amendment rights. [136] [137] The case is being heard by U.S. District Judge Waverly D. Crenshaw, who issued an order on October 20, 2023 stating that the city "shall not" enforce code that included the term "homosexuality" in a definition of "sexual conduct". [7]
The city council voted to remove the term "homosexuality" from the law itself, but the amendment doing so didn't go into effect until November 17, 2023. [6] [138]
The city did use the ordinance to remove at least four LGBTQ+ books from the Linebaugh public Library system, as well as to institute a tiered organizational system that won't allow certain material to be checked out by anyone under a certain age without parental permission. [6] [133] The case settled on February 7, 2024, with the City of Murfreesboro agreeing to pay $500,000 and to repeal the ordinance, with both parties agreeing to file for dismissal of the case. [9]
On Monday, February 26, 2024, the Tennessee House of Representatives passed a bill that would ban the display of pride flags in public school classrooms. [139] The Tennessee State Senate has yet to pass the bill. [139] Nashville public radio reported that Speaker McNally found the language of the bill Constitutionally questionable and stated that he had asked for guidance from AG Skrmetti. [140] The bill passed through the Senate's Education Committee on a narrow 5-4 vote to be presented to the Senate for vote on passage. [141]
LGBT people are often discriminated against, [142] refused service, [143] and beaten. [144] [145] [146] [147] [148] [149] Attackers who fatally wound LGBT people could use the gay/trans panic defense to lower or eliminate punishment. [150] Often police and legal officials are sympathetic towards the anti-LGBT aggressors and turn a blind eye to attacks [151] often calling homosexual attractions a sin. [152]
In April 2021, a bill passed the Tennessee General Assembly that legally requires mandatory parental permission opt-in - before their child or children is being taught about "sexual orientation and gender identity sex education subject curriculum choices and theories" within classrooms in all Tennessee public schools. The Governor of Tennessee Bill Lee signed the bill into law in May 2021. [153] [154] [155] [156] [157] [158]
In April 2021, it was reported that widespread economic and social impacts on Tennessee could be felt - due to the amount of anti-LGBT bills and laws within Tennessee (like a similar situation back in 2016 within North Carolina regarding the bathroom laws). [159]
Same-sex sexual activity legal | (Since 1996) |
Equal age of consent (18) | (Since 1996) |
Anti-discrimination laws in employment | Federally protected since SCOTUS 2020 ruling in the Bostock v. Clayton County case |
Anti-discrimination laws in housing | (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) |
Anti-discrimination laws in public accommodations | (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) |
Anti-discrimination laws in the provision of goods and services | (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) |
Anti-discrimination laws in schools and colleges | (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) also even though it's federal law the enforcement is also blocked by a Tennessee judge [1] |
LGBT Anti-bullying law in schools | (Only in Nashville and Memphis) (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) |
Hate crime laws include sexual orientation | (Only in Nashville and Memphis) (Prohibited by the Equal Access to Intrastate Commerce Act since 2011) |
Hate crime laws include gender identity or expression | One legal opinion claims it's protected, but this is just an opinion, it's not officially put in law. |
Transgender persons in prisons, jails, juvenile detentions, etc. required to be housed according to their gender identity and coverage of transition healthcare | |
Gender confirmation surgery, puberty blockers, hormone replacement therapy and other transition-related healthcare for transgender people required to be covered under health insurance and state Medicaid policies | |
Transgender people allowed to use restrooms and other gender-segregated spaces that correspond with their gender identity | (HB 1151, passed in 2019, Defines a trans person using the bathroom or locker-room of their gender identity as "indecent exposure" and technically makes transgender people using the bathroom of their gender identity a Class B Misdemeanor) |
Transgender people allowed to participate in the sport of their gender identity | Blocked by Law SB 0228 [160] |
Gender-neutral bathrooms | |
Same-sex marriages | (since 2015) |
Stepchild adoption by same-sex couples | Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons |
Joint adoption by same-sex couples | Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons |
Access to IVF for lesbians | |
Surrogacy arrangements legal for gay male couples | Yes, blocked by moral exemptions allowing LGBT to be rejected for religious reasons |
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) [161] |
Transvestites allowed to serve openly in the military | (Cross-dressing banned in the military since 2012) [162] |
Intersex people allowed to serve openly in the military | (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military) |
Right to change legal gender | |
Third gender option | |
LGBT education | |
Gay panic defense abolished | |
Conversion therapy banned | |
Intersex minors protected from invasive surgical procedures | |
Homosexuality declassified as a mental illness | (Since 1973) |
Transgender identity declassified as a mental illness | (Reclassified as "gender dysphoria" under DSM-5 since 2013, and diagnosis of gender dysphoria is usually required in order to access transition care) [163] |
Intersex sex characteristics declassified as a physical deformity | |
MSMs allowed to donate blood | / (Since 2020, 3 month deferral period - federal policy) [164] |
The rights of lesbian, gay, bisexual, and transgender (LGBT) 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. 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 LGBT people and the rest of the population, and the rights of transgender youth are restricted.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Lesbian, gay, bisexual, and transgender (LGBT) individuals in the U.S. state of Alabama have federal protections, but still face legal challenges and discrimination on the state level that is not experienced by non-LGBT residents. LGBT rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are severely limited in comparison to other states. As one of the most socially conservative states in the U.S., Alabama is one of the only two states along with neighboring Mississippi where opposition to same-sex marriage outnumbers support.
Lesbian, gay, bisexual, and transgender (LGBT) 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.
California is seen as one of the most liberal states in the U.S. in regard to lesbian, gay, bisexual, and transgender (LGBT) 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 (LGBT) 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.
Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual, and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
Lesbian, gay, bisexual, and transgender (LGBT) people in Texas have some protections in state law but may face legal and social challenges not faced by others. Same-sex sexual activity was decriminalized in Texas in 2003 by the Lawrence v. Texas ruling. On June 26, 2015, the Supreme Court of the United States ruled bans on same-sex marriage to be unconstitutional in Obergefell v. Hodges.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) people in the Commonwealth of Virginia enjoy the same rights as non-LGBT people. LGBT rights in the state are a 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, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT 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 LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT 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 LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Montana may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Montana since 1997. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples, as same-sex marriage has been recognized since November 2014. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities also provide protections in housing and public accommodations.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT 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 LGBT 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 LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Lesbian, gay, bisexual, and transgender (LGBT) 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-LGBT 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.
Transphobia in the United States has changed over time. Understanding and acceptance of transgender people have both decreased and increased during the last few decades depending on the details of the issues which have been facing the public. Various governmental bodies in the United States have enacted anti-transgender legislation. Social issues in the United States also reveal a level of transphobia. Because of transphobia, transgender people in the U.S. face increased levels of violence and intimidation. Cisgender people can also be affected by transphobia.
Jonathan T. Skrmetti is an American attorney and public official. He currently serves as the 28th Attorney General and Reporter for the state of Tennessee.
The 2020s anti-LGBT movement in the United States is an ongoing political backlash from social conservatives against LGBT people. It has included legislative proposals of bathroom use restrictions, bans on gender-affirming care, anti-LGBT curriculum laws, laws against drag performances, book bans, boycotts, and conspiracy theories around grooming. Between 2018 and 2023, hundreds of anti-LGBT laws were considered, with more than one hundred passed into law.
Friends of George's v. State of Tennessee, et al. is a case filed by an LGBTQ+ theatre troupe located in Memphis, Tennessee in the United States. The suit is against the State of Tennessee, Attorney General Jonathan Skrmetti, and Shelby County District Attorney Steve Mulroy over the State's anti-drag legislation, which was signed into law by Governor Bill Lee on March 2, 2023.
The Memphis City Council has included sexual orientation and gender identity in an ordinance that bans discrimination in city hiring.
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