LGBT rights in Georgia | |
---|---|
Status | Legal since 1998 ( Powell v. Georgia ) |
Gender identity | Sex change legal |
Discrimination protections | Enacted on June 26, 2020; Gender identity protected under Glenn v. Brumby |
Family rights | |
Recognition of relationships | Same-sex marriage since 2015 ( Obergefell v. Hodges ) |
Adoption | Same-sex couples allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Georgia enjoy most of the same rights and liberties as non-LGBT people. LGBT rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBT community and holds the biggest Pride parade in the Southeast. [1] The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation. [2] [3]
Homosexuality was previously criminalized based on the sodomy laws (which applied to both homosexuals and heterosexuals) which was struck down in 1998 by Powell v. Georgia (years before the 2003 federal-level strikedown by Lawrence v. Texas ).
On November 2, 2004, Georgia voters approved Constitutional Amendment 1, which made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. [4]
On June 26, 2015, the Supreme Court of the United States ruled in Obergefell v. Hodges that the fundamental right to marry must be guaranteed to same-sex couples. As a result, same-sex marriages became legal in the state of Georgia, along with all other U.S. states where such marriages were banned. Following the Supreme Court ruling, all Georgia counties began immediately (or were either willing) to issue marriage licenses to same-sex couples. [5]
Prior to the nationwide legalization of same-sex marriages, some cities and counties in Georgia offered domestic partnership benefits to same-sex couples, which granted some of the marriage rights. Domestic partnerships were recognized by the cities of Athens, [6] Atlanta, [7] Avondale Estates, [8] Clarkston, [9] Decatur, [10] Doraville, [11] East Point, [12] Pine Lake [12] and Savannah, [11] as well as DeKalb County [13] and Fulton County. [14]
On February 23, 2018, the Georgia State Senate passed the Keep Faith in Adoption and Foster Care Act (or SB 375), that called for allowing private adoption agencies receiving state funds to deny adoptions for certain couples or individual parents based on religious beliefs. [15] Opponents claimed the bill targeted same-sex couples and LGBT individuals seeking to adopt. The Georgia House of Representatives did not eventually vote on the bill, effectively killing it. [16]
The bill was reintroduced by Senator Marty Harbin on February 5, 2020, under the name SB 368, and is soon to be referred to the Senate Judiciary Committee. [17]
On March 5, 2018, Governor Nathan Deal signed into law bill HB 159, which includes no restrictions against same-sex couples seeking to adopt. [18]
There are no restrictions on either IVF or surrogacy. [19] [20]
Since June 26, 2020, Georgia protects its citizens from discrimination on the basis of sexual orientation.
Prior to Bostock v. Clayton County, state law did not protect against employee discrimination based on sexual orientation or gender identity. However, some cities and counties in the state have enacted local ordinances banning such discrimination in varying degrees. [21]
The cities of Atlanta, [22] Clarkston [23] and Doraville [24] have ordinances prohibiting discrimination based on sexual orientation or gender identity in both public and private employment.
Gwinnett County has a Human Relations Commission that ensures fair and equal treatment and opportunity for all persons, with protections including gender identity and sexual orientation. [25] In 2020, County Commissioner Ku stated that internal Gwinnett County policies were updated to provide protection that includes protections with gender identity and sexual orientation for public employment. [26] In May 2021, The Columbus city council passed a resolution to make a create a similar panel, which will be voted on for approval by August 31. [27]
Additional cities have enacted more limited protections, prohibiting discrimination against public municipal employees only. The cities of Athens, [28] Augusta, [29] Avondale Estates, [30] Columbus, [31] Decatur, [32] Macon, [33] Pine Lake [34] and Savannah [35] have ordinances banning discrimination based on sexual orientation or gender identity in public employment, while the cities of East Point, [36] Sandy Springs, [37] and Tybee Island, [36] as well as the counties of DeKalb [36] and Fulton [38] have similar anti–discrimination ordinances in public employment covering only sexual orientation.
Note that statutory law does not provide protections based on gender identity, but on December 6, 2011, in Glenn v. Brumby , the Eleventh Circuit Court of Appeals upheld a lower-court ruling that firing someone based on gender-nonconformity violates the Constitution’s prohibition on sex discrimination. The Court of Appeals found the Georgia General Assembly had discriminated against Vandy Beth Glenn, a transgender woman who was fired from her job as legislative editor after telling her supervisor that she planned to transition from male to female. This effectively provides legal protections to transgender and gender non-conforming employees in the states of Alabama, Florida and Georgia. [39]
Georgia law bans bullying at schools, [40] though it does not list individual protected groups. [41]
Nonetheless, DeKalb County [42] and Fulton County [43] have regulations for teachers that address bullying and harassment based on sexual orientation or gender identity. Gwinnett County Public schools prohibits discrimination by sexual orientation and gender identity in their Student Conduct Behavior Code. [44]
In September 2021, the city of Atlanta passed a city-wide ordinance that legally requires all city employees of Atlanta to undergo "LGBT cultural training". [45]
Both sexual orientation and gender identity are explicitly covered under the U.S. federal hate crime law since Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009 by Barack Obama - right after being passed (as an attachment to a military funding authorisation bill) by US Congress.
In June 2020, the Georgia General Assembly overwhelmingly passed (47-6 vote in the Senate and 127-38 vote in the House) a hate crimes bill that explicitly includes sexual orientation. The bill was signed into law by Governor of Georgia Brian P. Kemp on June 26, 2020. [3] [46] [47] [48]
In November 2020, Macon, Georgia mayor Robert Reichert vetoed an anti-discrimination ordinance for all Macon residents who are LGBTQIA+. The ordinance had received the majority of the vote from residents and a 5-4 vote by the Macon-Bibb Commission. In an official statement from the Mayor's office, Reichert stated that "after prayerful consideration" he would be vetoing the legislation. Opponents of the bill focused on how they felt the issue of enacting legislation to protect LGBTQ+ people went against their rights to their religious beliefs. “In fact, this ordinance takes away the business owners’ freedom to practice religion, and instead coerces many Christian and Jewish faith-based people in our county to accept the LGBTQ lifestyle as one of their moral beliefs,” said former mayoral candidate Blake Sullivan. Reichert stated the apprehension of the commissioners to amend the bill to address religious freedom concerns also attributed to his decision. Supporters of the bill, including many local attorneys urged him to sign it, claiming that Reichert had not referenced any specific legal concerns.
Georgia permits post-operative binary transgender people to amend their sex on their birth certificates. [49]
On March 23, 2023, the governor signed a bill prohibiting doctors from prescribing hormones for or performing surgery on minors as part of gender-affirming care. It does not prohibit them from prescribing puberty blockers. It took effect July 1, 2023. [50]
In April 2022, a bill passed the Georgia General Assembly "at the last minute" to legally ban transgender individuals within female sports, athletics and/or Olympics teams. The Governor of Georgia Brian Kemp signed the bill into law and it went into effect on July 1, 2022. [51] [52] [53]
In August 2020, a Georgia federal judge in Atlanta granted a daughter of two American married same-sex fathers US citizenship, despite being born in England to a surrogate. [54] [55]
A March 2004 Associated Press Exit Poll found that 42% of Georgia voters supported the legal recognition of same-sex couples, with 17% supporting same-sex marriage, 25% supporting civil unions or partnerships but not marriage, and 50% favoring no legal recognition. [56]
A 2012 Public Policy Polling survey found that 27% of Georgia residents thought same-sex marriage should be legal, while 65% thought it should be illegal, while 8% were not sure. A separate question on the same survey found that 57% of Georgia residents supported the legal recognition of same-sex couples, with 24% supporting same-sex marriage, 33% supporting civil unions or partnerships but not marriage, and 40% favoring no legal recognition, with 3% not sure. [57]
An August 2013 Public Policy Polling survey found that 32% of Georgia residents thought same-sex marriage should be legal, while 60% thought it should be illegal, while 9% were not sure. A separate question on the same survey found that 57% of Georgia residents supported the legal recognition of same-sex couples, with 28% supporting same-sex marriage, 29% supporting civil unions or partnerships but not marriage, and 39% favoring no legal recognition, with 3% unsure. [58]
A September 2013 Atlanta Journal-Constitution survey found that 48% of Georgia residents thought same-sex marriage should be legal, while 43% thought it should be illegal, while 9% were not sure. [59]
A 2017 Public Religion Research Institute (PRRI) poll found that 52% of Georgia residents supported same-sex marriage, while 39% opposed it and 10% were unsure. [60] The same poll also found that 65% of Georgians supported an anti-discrimination law covering sexual orientation and gender identity, while 29% were opposed. [61] Furthermore, 56% were against allowing businesses to refuse to serve gay and lesbian people due to religious beliefs, while 34% supported allowing such religiously-based refusals. [62]
Right | Status |
---|---|
Same-sex sexual activity legal | (since 1998, see Powell v. State ) |
Equal age of consent | [63] |
Anti-discrimination laws in employment | (Since 2020, see Bostock v. Clayton County ) |
Anti-discrimination laws in the provision of goods and services | (Since 2020) |
Same-sex marriage | (since 2015) |
Stepchild adoption by same-sex couples | [64] |
Joint adoption by same-sex couples | [64] |
Adoption by single people regardless of sexual orientation | [64] |
LGBT people allowed to serve openly in the military | (since 2011, for gay, lesbian and bisexual individuals, since 2021 for transgender individuals |
Right to change legal gender | / (allowed only for binary trans people and requires sex reassignment surgery) |
Access to IVF for lesbian couples | [19] |
Conversion therapy banned by law | (Localities are prohibited from passing ordinances banning Conversion Therapy under the 11th Circuit Courts ruling in November 2020) [65] [66] |
Commercial surrogacy for gay male couples | [20] |
MSMs allowed to donate blood | / (Three month deferral period according to federal policy.) |
Lesbian, gay, bisexual, and transgender (LGBT) people in Montenegro face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Lesbian, gay, bisexual, and transgender (LGBT) people in Norway have the same legal rights as non-LGBT people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Michigan enjoy the same rights as non-LGBT residents. Same-sex sexual activity is legal in Michigan under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy law. Same-sex marriage is legal. 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.
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.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Wisconsin have many of the same rights and responsibilities as heterosexuals; however, the transgender community may face some legal issues not experienced by cisgender residents, due in part to discrimination based on gender identity not being included in Wisconsin's anti-discrimination laws, nor is it covered in the state's hate crime law. Same-sex marriage has been legal in Wisconsin since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Wolf v. Walker. Discrimination based on sexual orientation is banned statewide in Wisconsin, and sexual orientation is a protected class in the state's hate crime laws. It approved such protections in 1982, making it the first state in the United States to do so.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Oregon have the same legal rights as non-LGBT people. Same-sex sexual activity is legal in Oregon, and same-sex marriage has been legal in the state since May 2014 when a federal judge declared the state's ban on such marriages unconstitutional. Previously, same-sex couples could only access domestic partnerships, which guaranteed most of the rights of marriage. Additionally, same-sex couples are allowed to jointly adopt, and discrimination based on sexual orientation and gender identity in the areas of employment, housing and public accommodations is outlawed in the state under the Oregon Equality Act, enacted in 2008. Conversion therapy on minors is also illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Pennsylvania enjoy most of the same rights as non-LGBT residents. Same-sex sexual activity is legal in Pennsylvania. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. Pennsylvania was the final Mid-Atlantic state without same-sex marriage, indeed lacking any form of same-sex recognition law until its statutory ban was overturned on May 20, 2014.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of North Carolina may face legal challenges not experienced by non-LGBT residents, or LGBT residents of other states with more liberal laws.
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) people in the U.S. state of Arizona may face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arizona, and same-sex couples are able to marry and adopt. Nevertheless, the state provides only limited protections against discrimination on the basis of sexual orientation and gender identity. Several cities, including Phoenix and Tucson, have enacted ordinances to protect LGBT people from unfair discrimination in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Indiana enjoy most of the same rights as non-LGBT people. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.
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 South Carolina may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Carolina as a result of the U.S. Supreme Court decision in Lawrence v. Texas, although the state legislature has not repealed its sodomy laws. Same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples. However, discrimination on the basis of sexual orientation and gender identity is not banned statewide.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Nebraska may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Nebraska, and same-sex marriage has been recognized since June 2015 as a result of Obergefell v. Hodges. The state prohibits discrimination on account of sexual orientation and gender identity in employment and housing following the U.S. Supreme Court's ruling in Bostock v. Clayton County and a subsequent decision of the Nebraska Equal Opportunity Commission. In addition, the state's largest city, Omaha, has enacted protections in public accommodations.
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.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Alaska may face some legal challenges not experienced by non-LGBT Alaskans. 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 LGBT 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 LGBT 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.
This is a list of notable events in the history of LGBT rights that took place in the year 2016.