LGBT rights in Rhode Island | |
---|---|
Status | Legal since 1998 |
Gender identity | Transgender people allowed to change legal gender |
Discrimination protections | Protections for sexual orientation and gender identity or expression |
Family rights | |
Recognition of relationships | Civil unions since 2011; Same-sex marriage since 2013 |
Adoption | Same-sex couples allowed to adopt |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Rhode Island have the same legal rights as non-LGBT people. [1] Rhode Island established two types of major relationship recognition for same-sex couples, starting with civil unions on July 1, 2011, and then on August 1, 2013 with same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is outlawed within the state namely in the areas of employment, housing, healthcare and public accommodations. In addition, conversion therapy on minors has been banned since 2017.
Rhode Island is frequently referred to as one of the United States' most LGBT-friendly states. [2] Opinion polls have shown that a large majority of Rhode Islanders support same-sex marriage and LGBT rights. [3] 2017 polling from the Public Religion Research Institute showed that 78% of Rhode Island respondents supported same-sex marriage.
In 1647, the first General Assembly of “The Incorporation of Providence Plantations in Narragansett Bay in New England" met in Portsmouth to codify the first set of laws governing the incorporation. The 1647 code is considered unusual for the time in America, for finding justification with the new testament instead of the old testament. [4] [5] The statute "Touching Whormongers" provided the death penalty for a number of offenses including sodomy, bestiality, fornication, and rape. The law was reworded in 1663 and 1729, removing references to the New Testament, but the death penalty remained. No prosecutions are known to have occurred.
In 1798, the state again reworded the law, lightening the penalty for a first offense, reading that any person convicted of sodomy shall "be carried to the gallows in a cart, and set upon the said gallows, for a space of time not exceeding four hours, and thence to the common gaol, there to be confined for a term not exceeding three years, and shall be grievously fined at the discretion of the Court". A second offense would result in death. The death penalty was removed as a penalty in 1844; punishment was set at 1 to 12 years' imprisonment. This was raised to 7 to 20 years' imprisonment in 1881. [6]
The Newport sex scandal arose from a 1919 investigation by the United States Navy into homosexual acts by Navy personnel and civilians in Newport, Rhode Island. The investigation was noted for its controversial methods of intelligence gathering, specifically its use of enlisted personnel to investigate alleged homosexuals by engaging them sexually. A subsequent trial attracted national news coverage and provoked a congressional investigation, which concluded with Secretary of the Navy Josephus Daniels and Assistant Secretary of the Navy (and future United States president) Franklin D. Roosevelt being formally rebuked by a Congressional committee. [7]
The first recorded sodomy case in state courts occurred in 1962; in State v. Milne, the Rhode Island Supreme Court held that fellatio (oral sex) constituted an "abominable and detestable crime against nature". In 1973, the Commission on Jurisprudence of the Future recommended amending state law to remove the sodomy provisions, but this was rejected by the Rhode Island General Assembly. In State v. Levitt in 1977, the state Supreme Court rejected arguments that the sodomy law was unconstitutionally vague, and in 1980 in State v. Santos rejected claims that the law was a breach of privacy rights. In State v. McParlin in 1980, the court held that cunnilingus was also a violation of the sodomy statute. The Supreme Court again upheld the law as constitutional in 1995 in State v. Lopes. At that time, the law applied to consensual and non-consensual acts, whether between heterosexual or homosexual partners, and whether conducted in private or public. [6]
Same-sex sexual acts between consenting adults in private have been legal in Rhode Island since anti-sodomy statutes were repealed in 1998. State Representative Edith Ajello sponsored the repeal bill for the seventh time when the Rhode Island House of Representatives passed it in May 1998. After the Rhode Island Senate passed it on June 2, 1998, Governor Lincoln Almond signed it into law. [8] [9] [10]
In November 2019, Governor Gina Raimondo signed a bill into law whereby LGBT veterans who received a dishonorable discharge under Don't Ask, Don't Tell can have that discharge changed, and ensures that those veterans have access to veteran benefits. [11] [12]
Rhode Island legalized same-sex marriage on August 1, 2013. On February 20, 2007, Attorney General Patrick C. Lynch issued an opinion holding that same-sex marriages performed in Massachusetts would be recognized in Rhode Island. He said that "his interpretation permitted recognition of the marriages, although he acknowledged that it was just an opinion and did not have the force of law." [13] On May 14, 2012, Governor Lincoln Chafee issued an executive order directing state agencies to treat same-sex marriages performed out-of-state as the equivalent of marriage. [14] On September 21, 2012, the state's Division of Taxation, ruling in an estate tax case, announced it would treat couples in same-sex marriages or civil unions established in other jurisdictions as legally married, basing its decision on the state's civil union law and the state's tradition of recognizing marriages validly performed elsewhere. [15]
Rhode Island has provided benefits to same-sex partners of state employees since 2001. [16]
A bill to legalize same-sex marriage was introduced in the Rhode Island General Assembly on January 11, 2011. [17] Governor Lincoln Chafee announced his support. [18] In May 2011, a bill to legalize civil unions for same-sex couples was introduced. [19] It passed the House of Representatives by a vote of 62–11, [20] and passed the Senate on June 29 by a vote of 21 to 16. [21] [22] Governor Chafee signed the legislation on July 2, 2011 and the law was made effective from July 1, 2011. [23] By January 2013, only 68 couples had obtained civil union licenses. [24]
Legislation establishing same-sex marriage in Rhode Island was enacted in May 2013, effective August 1. [25] Since August 1, two persons who are parties to a civil union entered into before that date may convert their union into a marriage. [26]
The Rhode Island Family Court routinely grants same-sex adoptions and has been doing so since at least 1995. Couples need not reside in Rhode Island and may be adopting their own birth child, using a surrogate, or adopting a child already placed with them. A decree lists both partners as parents. After the adoption, the Rhode Island Department of Health, Division of Vital Statistics will amend the birth certificate of a child born in Rhode Island to name both partners as parents. A birth certificate issued in Rhode Island carries the names of both parents, including same-sex parents. [27]
Lesbian couples have access to in vitro fertilization. State law recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination. [28] Surrogacy is neither prohibited nor expressly permitted in Rhode Island. Whether a surrogacy contract, gestational or traditional, will be recognized depends on the Rhode Island Family Court. Based on recent decisions from said court, the state may grant parentage declarations before birth to married couples, unmarried couples and individuals. Same-sex couples are treated in the same manner as opposite-sex couples. [29]
In July 2020, the General Assembly amended state parentage laws to insure that unmarried couples and same-sex couples do not require going to court to obtain legal rights to their child. Governor Gina Raimondo, who signed the bill into law, said, "No parent should have to jump through hoops to receive legal recognition because of their sexual orientation or the circumstances of their child's birth. The Rhode Island Uniform Parentage Act enshrines into law our belief in the validity of all paths to parenthood." The law went into effect on January 1, 2021. [30] [31] Previously, the state required the non-biological mother in a lesbian couple to complete a traditional adoption process. The new law insures that the couple need not go to court or go through adoption home study, and the non-biological mother is automatically recognized as a legal parent, akin to the father in an opposite-sex couple. The state's child protective services agency expressed support for the new law, stating that the previous requirement of home study for same-sex couples having to adopt their own children was a "waste of the department's resources".
Rhode Island has a criminal statute covering hate crimes motivated by both sexual orientation and gender identity or expression. [32] The law provides penalty enhancements for the commission of a crime motivated by the victim's actual or perceived sexual orientation or gender identity, among other categories.
Rhode Island law has outlawed discrimination on the basis of sexual orientation since 1995 and on the basis of gender identity or expression since 2001 in employment, credit, housing and public accommodations. [33] [34] In June 2023, a bill passed both houses of the Rhode Island Legislature and was signed into law by the Governor of Rhode Island to formally implement legislation to explicitly ban discrimination on the basis of sexual orientation and gender identity - within regards to patient care, nursing and related healthcare in Rhode Island. [35]
In July 2021, two bills passed the Rhode Island General Assembly regarding "pay disclosure and discrimination" within employment and repealing the archaic 1995 "housing with 3 occupiers or less loophole exemptions" - based on an individual's sexual orientation and gender identity. The Governor of Rhode Island signed the two bills into law - becoming legally effective from January 1, 2023. [36] [37] [38]
Moreover, the state's anti-bullying law prohibits bullying on the basis of race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity and expression, and mental, physical and sensory disability. The law also explicitly includes cyberbullying and harassment, and applies to all public schools. [39]
In June 2018, a bill to repeal the gay and trans panic defense passed the Rhode Island General Assembly by a vote of 68–2 in the House and 27–0 in the Senate. Governor Gina Raimondo signed the bill into law a month later, and it went into effect immediately. [40] [41] [42]
On January 27, 2017, state representatives Edith Ajello, Joseph McNamara, Susan Donovan, J. Aaron Regunberg and Moira Walsh introduced a bill (H 5277) to prohibit conversion therapy on minors and ban funding for such practices by the state and its political subdivisions. [43] On May 24, the House Committee on Health, Education and Welfare recommended indefinite postponement of the original bill and passage of its substitute (H 5277 Substitute A). [44] [45] On May 30, the House approved the bill in a unanimous 69–0 vote, with six members not voting. [46] [47] [48] In June 2017, the Rhode Island Senate passed the legislation by a unanimous vote of 29–0 with 1 absent from the chamber floor. The bill had to go back to the House due to a technical amendment, which was passed again unanimously 62–0. On July 19, 2017, Governor Gina Raimondo signed the bill into law and it went into effect immediately. [49] [50] [51]
Previously, the Rhode Island Department of Health only altered the gender designation on a person's birth certificate based on documentation of sex reassignment surgery. On October 23, 2014, new regulations took effect which established that modifying a birth certificate requires completing a "Birth Certificate Request Form" and submitting an affidavit from a physician, certified nurse practitioner or physician's assistant confirming the applicant's transgender status. [52] [53] The Department of Motor Vehicles will issue an updated driver's license with a corrected gender marker upon receipt of a completed "Gender Designation Form" signed by the applicant.
In June 2018, the Rhode Island General Assembly passed a bill to ensure that transgender people are correctly recorded on death certificates. The bill was later signed into law by Governor Gina Raimondo and went into effect immediately. [54] [55] [56] [57]
In August 2019, the Department of Health and the Department of Motor Vehicles announced that from July 2020 driver's licenses and birth certificates would include a third gender option (alongside "male" and "female"), known as "X". [58]
Effective since January 1, 2022 Rhode Island legally allows gender-neutral bathrooms for single occupancy toilets - under a bill the Governor of Rhode Island signed into law in July 2021. California, New York State, Illinois and New Mexico have similar laws implemented. [59]
A 2022 Public Religion Research Institute (PRRI) poll found that 80% of Rhode Island residents supported same-sex marriage, while 14% were opposed and 5% were unsure. The same poll found that 84% of Rhode Island residents supported discrimination protections, while 9% opposed and 8% were unsure. [60]
Poll source | Date(s) administered | Sample size | Margin of error | % support | % opposition | % no opinion |
---|---|---|---|---|---|---|
Public Religion Research Institute | January 2-December 30, 2019 | 163 | ? | 76% | 17% | 7% |
Public Religion Research Institute | January 3-December 30, 2018 | 164 | ? | 73% | 23% | 4% |
Public Religion Research Institute | April 5-December 23, 2017 | 222 | ? | 75% | 19% | 6% |
Public Religion Research Institute | April 29, 2015-January 7, 2016 | 279 | ? | 84% | 15% | 1% |
Same-sex sexual activity legal | (Since 1998) |
Equal age of consent (16) | |
Anti-discrimination laws for sexual orientation | (Since 1995) |
Anti-discrimination laws for gender identity | (Since 2011) |
LGBT anti-bullying law in schools and colleges | |
Same-sex marriage | (Since 2013) |
Recognition of same-sex couples (e.g. civil union) | (Since 2011) |
Joint and stepchild adoption by same-sex couples | |
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) [61] |
Intersex people allowed to serve openly in the military | (Current DoD policy bans "hermaphrodites" from serving or enlisting in the military) [62] |
Right to change legal gender | |
Gender-neutral bathroom laws implemented | (Since 2022) [63] |
Third gender option | (Since 2020) [64] |
Conversion therapy banned on minors | (Since 2017) |
Gay and trans panic defense banned | (Since 2018) |
Access to IVF for lesbian couples | |
Surrogacy arrangements legal for gay male couples | |
MSMs allowed to donate blood | / (Since 2020; 3-month deferral period) [65] |
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of New Hampshire enjoy the same rights as non-LGBT people, with most advances in LGBT rights occurring in the state within the past two decades. Same-sex sexual activity is legal in New Hampshire, and the state began offering same-sex couples the option of forming a civil union on January 1, 2008. Civil unions offered most of the same protections as marriages with respect to state law, but not the federal benefits of marriage. Same-sex marriage in New Hampshire has been legally allowed since January 1, 2010, and one year later New Hampshire's civil unions expired, with all such unions converted to marriages. New Hampshire law has also protected against discrimination based on sexual orientation since 1998 and gender identity since 2018. Additionally, a conversion therapy ban on minors became effective in the state in January 2019. In effect since January 1, 2024, the archaic common-law "gay panic defence" was formally abolished; by legislation implemented within August 2023.
Lesbian, gay, bisexual, and transgender (LGBT) 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 LGBT people is illegal.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBT people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Minnesota have the same rights and responsibilities as non-LGBT people. Minnesota became the first U.S. state to outlaw discrimination based on sexual orientation and gender identity in 1993, protecting LGBT 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.
Lesbian, gay, bisexual, and transgender (LGBT) people in New Jersey have the same legal rights as non-LGBT people. LGBT persons in New Jersey enjoy strong protections from discrimination, and have had the right to marry since October 21, 2013.
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.
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Vermont is a recent occurrence, with most progress having taken place 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 until the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Connecticut is a recent phenomenon, with most advances in LGBT rights taking place in the late 20th century and early 21st century. Connecticut was the second U.S. state to enact two major pieces of pro-LGBT legislation; the repeal of the sodomy law in 1971 and the legalization of same-sex marriage in 2008. State law bans unfair discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations, and both conversion therapy and the gay panic defense are outlawed in the state.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Maine have the same legal rights as non-LGBT people. Same-sex marriage has been recognized in Maine since December 2012, following a referendum in which a majority of voters approved an initiative to legalize same-sex marriage. Discrimination on the basis of sexual orientation and gender identity is prohibited in the areas of employment, housing, credit and public accommodations. In addition, the use of conversion therapy on minors has been outlawed since 2019, and joint adoption is permitted for same-sex couples.
Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Hawaii enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal since 1973; Hawaii being one of the first six states to legalize it. In 1993, a ruling by the Hawaiʻi Supreme Court made Hawaii the first state to consider legalizing same-sex marriage. Following the approval of the Hawaii Marriage Equality Act in November 2013, same-sex couples have been allowed to marry on the islands. Additionally, Hawaii law prohibits discrimination on the basis of both sexual orientation and gender identity, and the use of conversion therapy on minors has been banned since July 2018. Gay and lesbian couples enjoy the same rights, benefits and treatment as opposite-sex couples, including the right to marry and adopt.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Colorado enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.
Lesbian, gay, bisexual, and transgender (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 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) 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 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.
The state of Rhode Island, in the Northeast United States, has recorded LGBT history and individuals reaching back to the early 20th century. Prior to the 20th century, the state was also home to the Public Universal Friend and Charley Parkhurst, both well-known individuals with ambiguous gender identities. In 1995, the state became the ninth in the country to ban discrimination based on sexual orientation. In 2013, it became the tenth state to allow same-sex marriage.
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