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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 Utah's anti-sodomy law was invalidated in 2003 by Lawrence v. Texas, and fully repealed by the state legislature in 2019.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 Virginia enjoy the same rights as non-LGBTQ people. LGBT rights in the state are a relatively recent occurrence; with most improvements in LGBT rights occurring in the 2000s and 2010s. Same-sex marriage has been legal in Virginia since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Bostic v. Rainey. Effective July 1, 2020, there is a state-wide law protecting LGBT persons from discrimination in employment, housing, public accommodations, and credit. The state's hate crime laws also now explicitly include both sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity in Kentucky has been legally permitted since 1992, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Mississippi face legal challenges and discrimination not experienced by non-LGBTQ residents. LGBT rights in Mississippi are limited in comparison to other states. Same-sex sexual activity is legal in Mississippi as a result of the U.S. Supreme Court decision in Lawrence v. Texas. Same-sex marriage has been recognized since June 2015 in accordance with the Supreme Court's decision in Obergefell v. Hodges. State statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. The state capital Jackson and a number of other cities provide protections in housing and public accommodations as well.
State Religious Freedom Restoration Acts are state laws based on the Religious Freedom Restoration Act (RFRA), a federal law that was passed almost unanimously by the U.S. Congress in 1993 and signed into law by President Bill Clinton. The laws mandate that religious liberty of individuals can only be limited by the "least restrictive means of furthering a compelling government interest". Originally, the federal law was intended to apply to federal, state, and local governments. In 1997, the U.S. Supreme Court in City of Boerne v. Flores held that the Religious Freedom Restoration Act only applies to the federal government but not states and other local municipalities within them. As a result, 21 states have passed their own RFRAs that apply to their individual state and local governments.
Arizona SB 1062 was an Arizona bill to amend an existing law to give any individual or legal entity an exemption from any state law if it substantially burdened their exercise of religion, including Arizona law requiring public accommodation.
The First Amendment Defense Act was a bill introduced into the United States House of Representatives and United States Senate on June 17, 2015. The Senate sponsor of the bill was Mike Lee (R-Utah), and the House sponsor was Raúl Labrador (R-Idaho). The bill aimed to prevent the federal government from taking action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage.
An Act to Amend Section 93-17-3, Mississippi Code of 1972, To Conform Adoption Provisions to the Licensure of Nurse Practitioners; To Prohibit Adoption by Same Gender Couples; and For Related Purposes, also called the Mississippi Adoption Ban, is a 2000 Mississippi anti-LGBT statute that amended state law to prohibit adoption by "couples of the same gender", and also allows adoption certificates to be issued by a nurse practitioner instead of a doctor.
The Public Facilities Privacy & Security Act, commonly known as House Bill 2 or HB2, was a North Carolina statute passed in March 2016 and signed into law by Governor Pat McCrory. The bill amended state law to preempt any anti-discrimination ordinances passed by local communities and, controversially, compelled schools and state and local government facilities containing single-gender bathrooms to only allow people of the corresponding sex as listed on their birth certificate to use them; it also gave the state exclusive rights to determine the minimum wage.
Mississippi House Bill 1523, also called the Religious Liberty Accommodations Act or Protecting Freedom of Conscience from Government Discrimination Act, is 2016 state legislation passed in direct response to federal rulings in support of same-sex marriage. MS H.B. 1523 provides protections for persons, religious organizations, and private associations who choose to provide or withhold services discriminatorily in accordance to the three "deeply held religious beliefs or moral convictions" which are specifically outlined in the bill. These protected beliefs are 1) that marriage is and should be an exclusively heterosexual union, 2) sex should not occur outside of marriage, and 3) that biologically-assigned sex is objective and immutably linked to gender.
The Mississippi Religious Freedom Restoration Act is a 2014 act that states that "government should not substantially burden religious exercise without compelling justification. The act protects religious people from legal repercussions if they verbally condemn the lifestyle or actions of LGBTQ persons. Additionally, the bill expands the definition of an individual to include businesses, and so if a business owner thinks their religious beliefs would be violated by delivering service to an LGBT person, the Act allows them to deny them service, a move that some commentators have called "anti-gay segregation".
Senate Bill 175 is a 2016 Kansas legislative proposal that would prohibit public universities to "deny a religious student association any benefit available to any other student association" based on those organizations' "sincerely held religious beliefs" This bill is intended to protect student organizations who restrict membership in regards to LGBT students, which critics argue is discriminatory.
Senate Bill 297 is a 2015 Utah anti-LGBT act that allows for an exemption for individuals, religious officials, religious organizations, and government officers and employees who object to participating to issuing marriage licenses for marriages they object to based on "deeply held beliefs about marriage, family, and sexuality."
House Bill 1111, officially called An act to amend Tennessee Code Annotated, Title 1, Chapter 3, relative to the construction of statutes, is a 2017 law in the state of Tennessee that added the following text: "undefined words shall be given their natural and ordinary meaning, without forced or subtle construction that would limit or extend the meaning of the language, except when a contrary intention is clearly manifest."
Senate Bill 149, officially called An Act to provide certain protections to faith-based or religious child-placement agencies, is a 2017 anti-LGBT law that was enacted in the state of South Dakota that permits taxpayer-funded agencies to deny services on the basis of religious exemptions.
Child Placing Agency Inclusion Act is a 2017 anti-LGBT law that was enacted in the U.S. state of Alabama that permits taxpayer-funded adoption agencies to deny services on the basis of religious exemptions.
Senate Bill 1556, officially called An act to amend Tennessee Code Annotated, Title 4; Title 49 and Title 63, relative to conscientious objections to the provision of counseling and therapy, is a 2016 anti-LGBT law in the state of Tennessee that allows licensed counselors in private practice to terminate care or refer away clients because of moral objections to how the client identifies.
Utah Senate Bill 296 is a law passed by the Utah State Legislature and signed into law by Governor Gary Herbert in 2015. SB 296 amended the 1997 Utah Antidiscrimination Act to add sexual orientation and gender identity as protected classes under state law when it comes to housing and employment. The law was described by various news outlets and commentators as the "Utah Compromise".
References
- ↑ "Mississippi Governor Has Now Signed Two Anti-Gay Religious Freedom Bills Into Law". New Civil Rights Movement. Retrieved April 4, 2014.
- 1 2 Mississippi Legislature 2013 Regular Session Senate Bill 2633
