Which states discriminate against gays
Comprehensive bills do not have overly broad religious exemptions or other carve-outs. Incomplete nondiscrimination bills include those that leave out gender identity protections, those that do not prevent discrimination in all key contexts, and those that contain broad religious exemptions language or carve-outs for sex-segregated facilities. Several types of harmful bills were introduced in state legislatures in that either eroded existing protections for LGBT people or opened the door for greater discrimination.
There were a variety of types of bills that would have allowed religion to be used to discriminate against gay and transgender people in virtually all aspects of their lives. State law explicitly prohibits discrimination based on sexual orientation only 1 state. No explicit prohibitions for discrimination based on sexual orientation or gender identity in state law 18 states, 5 territories.
Read the State-by-State Statutes. See the State-by-State Statutes button to the lower left of the map for more detail for every state. Additionally, the U. Department of Housing and Urban Development HUD currently interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity. LGBTQ people who believe they have experienced housing discrimination may be able to pursue claims through this avenue.
However, l ocal ordinances, state laws, federal court rulings, and more create a patchwork of nondiscrimination protections for LGBTQ people across the country. Given this patchwork, individuals who have experienced discrimination should contact Lambda Legal's Help Desk or otherwise seek legal advice.
This map is not intended as legal advice or an indication of your rights. Recommended citation: Movement Advancement Project. Public accommodation nondiscrimination laws protect LGBTQ people from being unfairly refused service, denied entry to, or otherwise discriminated against in public places based on their sexual orientation or gender identity.
There is more definitive protection offered at the state level. More than 20 states and the District of Columbia have laws that expressly prohibit sexual orientation discrimination in private jobs. If you identify as an LGBTQ individual and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances.
Coalitions and advocates at the federal level are working toward passing the proposed Equality Act, which would provide consistent and explicit non-discrimination protections for LGBTQ people by including sexual orientation and gender identity as protected statuses under the Civil Rights Act of , among other federal laws.
Some other states protect public but not private employees from discrimination. Many municipalities have nondiscrimination laws that only apply within their local borders, even in states that don't have such laws. And some companies prohibit discrimination in their own policies. The protections can vary from state to state. Utah's protections for sexual orientation and gender identity don't apply to public accommodations.
Some states also include exemptions for discrimination based on religious grounds. Enforcement varies, as well: Depending on the state, private lawsuits, fines, and jail time are all possible forms of punishment for discrimination. Other civil right laws also protect students from harassment and discrimination in K public schools — but these are typically separate from measures that ban discrimination in the workplace, housing, and public accommodations. Fourteen states have education laws that ban discrimination based on sexual orientation and gender identity, while Wisconsin protects students from discrimination based on sexual orientation but not gender identity.
Nondiscrimination protections for LGBTQ people build on existing federal and state laws — most notably the Civil Rights Act of and Fair Housing Act, which protect people from discrimination based on their race, color, national origin, religion, and sex. But that interpretation hasn't been affirmed by all the higher courts, casting uncertainty over whether it would hold up in a legal dispute. The uncertainty is why advocates want explicit legal protections for LGBTQ people: New state or federal laws that add sexual orientation and gender identity to nondiscrimination protections would remove any doubt about the reach of laws like the Civil Rights Act, Fair Housing Act, Title IX, and state statutes that prohibit sex discrimination in their public accommodations protections.
Federal public accommodations laws don't shield against sex discrimination — only discrimination based on race, color, national origin, and religion.
The research on nondiscrimination protections is limited, but a series of studies by Laura Barron of the US Air Force Management Policy Division and Michelle Hebl of Rice University found laws that ban workplace discrimination appear to decrease discrimination based on sexual orientation. Researchers conducted three studies. The first looked at awareness of civil rights laws. The second looked at discrimination toward gay or lesbian job applicants in neighboring cities with and without nondiscrimination protections.
And the third placed people in mock interviews to see if they were less likely to discriminate against a gay or lesbian applicant if they thought local laws banned it.
Across the board, the studies found nondiscrimination laws reduce signs of prejudice. People in places with existing nondiscrimination laws were more likely to be aware of the protections, and they were less likely to discriminate.
Among the participants in the mock interviews, those who believed a local law prohibited discrimination were also less likely to discriminate, based on metrics that gauged negativity toward gay and lesbian people.
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