Hate Crimes and Criminal Justice

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A Review of State Legislation Affecting the Lesbian, Gay, Bisexual, Transgender and Queer Community and a Look Ahead in 2020 TABLE OF CONTENTS

LETTERS 02 LETTER FROM ALPHONSO DAVID, PRESIDENT OF THE HUMAN RIGHTS CAMPAIGN FOUNDATION

03 LETTER FROM REBECCA ISAACS, EXECUTIVE DIRECTOR OF THE EQUALITY FEDERATION INSTITUTE

SUMMARY 04 SUMMARY OF STATE DEVELOPMENTS IN 2019

06 GOOD VS BAD 2019

07 KEY STATE LAW AND POLICY DEVELOPMENTS IN 2019

10 COMPARATIVE LEGISLATION AT A GLANCE

12 OUTLOOK FOR 2020

14 CURRENT STATE LEGISLATIVE MAPS

SCORECARD 27 STATE HIGHLIGHT: ONE COLORADO

28 SCORING CRITERIA

30 STATE HIGHLIGHT: FREEDOM OKLAHOMA

33 STATE HIGHLIGHT: EQUALITY TEXAS AND TRANSGENDER EDUCATION NETWORK OF TEXAS (TENT)

34 STATE HIGHLIGHT: EQUALITY MAINE

42 ISSUE BRIEF: ELIMINATION OF LGBTQ PANIC DEFENSES FOR CRIMINAL ACTS

©2019 BY THE HUMAN RIGHTS CAMPAIGN FOUNDATION. The Human Rights Campaign Foundation owns 44 ANTI-TRANSGENDER LEGISLATION all right, title and interest in and to this publication and all derivative works thereof. Permission for reproduction and redistribution is granted if the publication is (1) reproduced in its entirety and (2) distributed free of charge. The 46 STATE TOTALS: NATIONAL OVERVIEW Human Rights Campaign name and the Equality logo are trademarks of the Human Rights Campaign. The Human 48 2019 STATE SCORECARDS Rights Campaign Foundation and design incorporating the Equality logo are trademarks of the Human Rights Campaign Foundation. ISBN-13: 978-1-934765-54-8 151 ABOUT THE AUTHORS AND ACKNOWLEDGEMENTS

If you would like to request use of state maps or scorecards, please contact us at [email protected]. When referencing this document, we recommend the following citation:

Warbelow, Sarah, Courtnay Avant, Colin Kutney. 2019 State Equality Index. Washington, DC. Human Rights Campaign Foundation.

HRC.ORG/SEI | 1 DEAR FRIENDS DEAR READERS

As lesbian, gay, bisexual, transgender and queer (LGBTQ) people The State Equality Index highlights how far we have come in the fight continue to face an onslaught of attacks from the federal administration for LGBTQ equality in each state. For years, we’ve been working with in Washington, states have been instrumental in advancing equality our member organizations to pave the way for nationwide protections by through pro-LGBTQ legislation, policies and proposals. winning state and municipal laws that make discrimination illegal. We’re keeping that momentum going. In 2019, in New York, Massachusetts, Colorado and As this report makes clear, the progress we have seen Maine, bipartisan majorities took action to protect over the past year has been crucial, but we know there State equality organizations know that state-based non- We will fight back attempts to chip away at our rights LGBTQ youth from the debunked practice of so-called is much more work to be done to protect and empower discrimination legislation combined with the Equality Act and play offense whenever there’s an opportunity to “conversion therapy”. In 2020, more states are expected LGBTQ people in this country -- especially our nation’s are the most secure ways to protect LGBTQ people. We make progress. During the legislative session our policy to follow in outlawing this dangerous form of child abuse. most marginalized. have big plans for a future where we can thrive in all the and communications staff are helping states pass places we call home. important bills that will positively affect the rights of New York, Hawaii, Maine, Nevada and Connecticut also The past year’s successes and the vital work ahead LGBTQ people. This year, we will work with members on banned the pernicious and dangerous panic defense. would not be possible without our partners at the In 2019, we supported our member organizations a host of issues, including nondiscrimination legislation And in a victory ten years in the making, New York also Equality Federation Institute and the statewide LGBTQ in introducing more than twice as many “good” bills, in places like Virginia and Ohio. passed the Gender Expression Non-Discrimination organizations and leaders who work to ensure that every which passed at an even higher rate than the “bad” bills Act, explicitly protecting transgender people under the person can build a bright future for themselves and their introduced. Together we were able to ban conversion We are able to do all of this because our state equality state’s human rights law. families in the places they call home. therapy in four states, continue to protect marriage organizations, supporters, and activists continue to equality, develop suicide prevention policies, ensure fight. Together, we are impacting the lives of millions of In total, 394 pro-equality bills were introduced in states Together, and with your help, we are working toward a greater access to healthcare, protect the rights of LGBTQ Americans. We can, and we will win this fight. across the country in 2019, and 82 ultimately became law. country that can someday deliver on its fundamental transgender people, and pass inclusive LGBTQ promise of equality for all. Despite this progress, anti-equality forces continued curriculum laws. to push legislation targeting the LGBTQ community, We also saw some heartbreaks in 2019 starting with In solidarity, with 19 anti-LGBTQ bills filed in Texas alone. an onslaught of anti-LGBTQ bills. Opponents of equality Heartbreakingly, many of these bills targeted Sincerely, attacked transgender kids, delivered major setbacks transgender youth. Thanks to public outcry, strategic for reproductive justice, attempted to block healthcare advocacy, and civic, business, and community leadership, access, attempted to bar LGBTQ families from adopting, REBECCA ISAACS only a handful of these bills became law. One of the and continued to defend so-called “conversion therapy.” Executive Director worst to be enacted was in Iowa, where anti-equality ALPHONSO DAVID Equality Federation politicians removed transgender healthcare benefits President We already know that the dignity and safety of Institute from the state’s medical plan. Human Rights Campaign transgender kids will be under attack in 2020. Recently, Foundation South Carolina introduced a bill to make it illegal for The staunch support of the American business transgender kids to receive identity-affirming care and community was particularly invaluable this year in for doctors to provide that care. The bill goes directly helping LGBTQ Americans achieve and defend our against medical best practices as assigned by the progress. Along with the Municipal Equality Index (MEI), American Academy of Pediatrics. Similar bills have the State Equality Index (SEI) remains a critical tool also been announced in Georgia and South Dakota. for policy makers and elected officials looking to drive Risking the lives of millions of young people is wrong economic development and for businesses looking for and unethical. Equality Federation is working closely welcoming places to invest and grow. with Georgia Equality and Equality South Dakota to protect transgender kids in every city and stop this from becoming a national trend.

2 | HRC.ORG/SEI HRC.ORG/SEI | 3 SUMMARY | MAP SUMMARY | MAP SUMMARY OF STATE DEVELOPMENTS IN 2019

In 2019, the LGBTQ movement saw tremendous momentum on good bills. This map shows the states 2 that passed laws pertaining to 1 1 LGBTQ equality in their respective 1 1 1 2 SEI categories this year. 1 1 This year’s legislative victories set the stage for future 2 advances to further LGBTQ equality. States continued 2 1 1 1 to pass legislation that would protect youth from so- 1 called “conversion therapy”, eliminate the LGBTQ panic 1 2 2 defense, and expand non-discrimination protections to all 1 LGBTQ people. 1 1 1

For a full review of state legislation that was introduced, 2 1 1 1 4 considered, passed, or failed in 2019, please see 1 HRC.ORG/SEI. 1 3 1 1 1 1 1 1 3 1 1 1 3 1 2 1 4

Religious Refusal & 1 Relationship Recognition 5 Parenting Laws 1 1 1 1 Non-Discrimination Laws 4 2 Hate Crimes & 1 Criminal Justice Youth Laws Health & Safety

1 1 1

4 | HRC.ORG/SEI HRC.ORG/SEI | 5 SUMMARY | GOOD AND BAD BILLS 2019 SUMMARY | DEVELOPMENTS GOOD VS BAD 2019 KEY STATE LAW AND POLICY DEVELOPMENTS IN 2019

PARENTING Several states were successful in updating parenting taxpayer-funded child welfare agencies to turn away 6/18 laws to be more inclusive of same-sex couples. Both qualified prospective parents seeking to care for a child Parenting Maryland and Virginia passed laws clarifying assistive in need, including LGBTQ couples, interfaith couples, reproduction law in a way that affords LGBTQ couples single parents, married couples in which one prospective 3/18 the same rights as heterosexual couples under existing parent has previously been divorced, or other parents to 23/92 Religious Refusal parentage statutes. whom the agency has a religious objection. Ultimately, & Relationship Health & Safety these efforts were not successful in 2019. OVERALL Recognition Additionally, both the Tennessee and Kentucky state 84/396 legislatures attempted to pass measures allowing 23/90 17/91 Youth Laws Non- Discrimination RELATIONSHIP RECOGNITION/RELIGIOUS REFUSAL 12/87 Over the past year, states considered legislation that photography, floral arrangements, publishing, and

GOOD BILLS GOOD Hate Crimes & would expand the scope of religious refusals to allow car service rentals. Fortunately, none of these bills Criminal Justice anti-LGBTQ discrimination by both private and public successfully progressed through their state legislatures. entities. In particular, Texas and Iowa introduced bills that created broad religious carve-outs, including However, a handful of bills concerning enforcement of recusal for government officials from the performance nondiscrimination rules on college campuses passed in of certain marriage ceremonies. Additionally, several Arkansas, Iowa, and South Dakota. These bills prohibit of these bills prohibit governments from enforcing state-supported institutions of higher education from INTRODUCED nondiscrimination laws and policies if a professional requiring student groups to allow all students to join the PASSED who provides “marriage-related” services refuses organization in a nondiscriminatory manner consistent service to LGBTQ individuals. These professional with Supreme Court precedent. categories include those who are employed in

1/11 Health & Safety 0/9 0/17 Over the past year, states considered Parenting Youth Laws OVERALL legislation that would expand the 0/11 7/102 5/36 scope of religious refusals to allow Religious Refusal Hate Crimes & & Relationship Criminal Justice Recognition anti-LGBTQ discrimination by both 1/18 private and public entities.

BAD BILLS Non-Discrimination

6 | HRC.ORG/SEI HRC.ORG/SEI | 7 SUMMARY | DEVELOPMENTS SUMMARY | DEVELOPMENTS

NON-DISCRIMINATION YOUTH This year, several states attempted to undermine Additionally, states such as Massachusetts, Missouri, and In 2019, nearly 30 states considered bills to restrict mental health and strengthen anti-bullying policies. nondiscrimination measures. Texas, Tennessee, Florida Tennessee introduced legislation targeting transgender the practice of so-called “conversion therapy”, a Other states, like Illinois, Colorado, and New Jersey, and West Virginia all considered legislation that would people’s access to gender-segregated facilities, such dangerous and discredited practice that falsely claims passed laws creating more inclusive school curriculums prohibit the adoption or enforcement of local measures as locker rooms or bathrooms, that conform to their to change a person’s sexual orientation or gender that incorporate the political, economic, and cultural that create protections for LGBTQ people that don’t gender identity. Tennessee passed a bill that purportedly identity or expression. Four states – Colorado, Maine, contributions of LGBTQ individuals. already exist under state law. In Texas, bills targeting expands Tennessee’s indecent exposure laws, but Massachusetts, and New York – enacted anti- paid family leave, predictive scheduling, and paid time although the bill was heavily amended to remove conversion therapy protections that prohibit state- However, several states considered bills that would off would have undermined vital non-discrimination the most harmful anti-transgender language, the bill licensed healthcare providers from engaging in these make schools less accommodating for LGBTQ youth. protections that Texans have only at the local level. still could put transgender and non-binary people at harmful practices with youth. Mississippi introduced legislation allowing licensed Tennessee continued pushing a bill that would prohibit increased risk of harassment and entanglement with school employees to misgender students. Fortunately, cities from adopting contractor non-discrimination law enforcement simply for using restrooms and locker A number of states passed legislation supporting safer the measure failed to advance. policies, and Florida contemplated legislation that would rooms consistent with their gender identity. and healthier school climates for students that address have undermined non-discrimination ordinances and local conversion therapy bans. HEALTH AND SAFETY HATE CRIMES AND CRIMINAL JUSTICE This year, a number of states have proposed legislation Fortunately, New Mexico, Maine, and Illinois introduced restricting transgender patients’ access to gender- and passed legislation designating all public single- 2019 saw promising developments in state hate crime States also addressed legislation restricting the use affirming healthcare. One such bill in Iowa, allows occupancy restrooms as gender neutral, with several laws. Five states - Hawaii, Connecticut, Maine, New of “isolation” or solitary confinement in prisons, with a government entities to refuse to use public funding to other states introducing similar legislation. York, and Nevada - enacted laws banning so-called distinct focus on members of vulnerable populations. cover comprehensive transition related care - including “LGBTQ panic defenses”, legal strategies that blame Specifically, New Jersey passed a law prohibiting the Medicaid funds. victims of violent crimes for attacks committed against placement of LGBTQ individuals, among other vulnerable them because of their sexual orientation or gender people, in solitary confinement. The law also requires identity. In doing so, these states make it easier for members of vulnerable populations who are currently LGBTQ victims to receive equal justice in the courtroom. being held in solitary confinement to be immediately released and moved to more appropriate placements.

In 2019, nearly 30 states considered bills to restrict the practice of so- called “conversion therapy”, a dangerous and discredited practice that falsely claims to change a person’s sexual orientation or gender identity or expression.

8 | HRC.ORG/SEI HRC.ORG/SEI | 9 SUMMARY | COMPARATIVE LEGISLATION SUMMARY | COMPARATIVE LEGISLATION COMPARATIVE LEGISLATION NON-DISCRIMINATION LAWS AT A GLANCE 25/155 16/160

3/98 17/91 13/75 5/80 8/73 5/74 4/68 4/57 7/53 7/55 1/47 2/35 3/26 0/25 1/18 1/4 0/5 1/10 1/8 1/7 09 10 11 12 13 14 15 16 17 18 19

OVERALL HATE CRIMES & CRIMINAL JUSTICE

12/87 50/478 70/470 80/451 48/506 84/396 50/371 56/359 50/332 4/55 5/44 4/47 39/215 8/250 21/210 2/41 15/177 25/159 1/29 4/29 11/132 12/129 3/19 4/116 8/109 11/99 8/85 2/110 7/102 4/69 1/10 1/9 2/10 0/11 0/11 0/1 0/1 0/1 0/1 0/0 0/0 0/0 0/0 0/0 09 10 11 12 13 14 15 16 17 18 19 09 10 11 12 13 14 15 16 17 18 19

PARENTING LAWS YOUTH LAWS

6/41 34/193 21/169 29/166 24/141 17/148 10/147 5/23 2/25 4/23 4/21 3/20 0/24 6/18 21/92 23/90 2/17 9/87 3/14 2/14 4/9 4/61 7/56 7/66 1/7 1/8 2/6 0/9 2/40 0/5 0/4 0/7 1/6 3/27 2/34 3/34 3/35 4/31 4/28 2/24 0/3 0/2 0/9 0/17

09 10 11 12 13 14 15 16 17 18 19 09 10 11 12 13 14 15 16 17 18 19

RELIGIOUS REFUSAL & RELATIONSHIP RECOGNITION HEALTH & SAFETY

23/92 24/98 9/105 9/82 9/61 14/62 6/70 11/54 8/65 1/70 8/45 12/43 5/53 8/42 0/54 3/49 5/46 6/45 4/47 5/33 0/46 5/36 4/29 4/32 6/10 0/26 2/29 1/23 2/22 2/15 1/15 2/19 0/20 3/18 1/9 4/12 1/9 1/9 1/11 0/8 0/70/5 0/2 0/5

09 10 11 12 13 14 15 16 17 18 19 09 10 11 12 13 14 15 16 17 18 19

10 | HRC.ORG/SEI HRC.ORG/SEI | 11 SUMMARY | OUTLOOK FOR 2020 SUMMARY | OUTLOOK FOR 2020 OUTLOOK FOR 2020

While 2019 was one of the best legislative sessions for LGBTQ issues in the states for several years, 2020 promises a bit more of a rollercoaster.

Success on major non-discrimination legislation seems identity are proliferating, as are bills that would impose likely, but so does a resurgence of anti-transgender criminal penalties on doctors or parents who support a legislation, this time targeting trans student athletes and transgender child during their transition. This resurgence attempting to deny transgender children best-practice is reminiscent of the attacks on transgender children that medical care. Anti-LGBTQ legislation began advancing took the country by storm in 2016 only to fizzle as the as soon as state legislatures convened, including anti-transgender animus propelling them became clear. Tennessee which took up and immediately passed a license to discriminate in child welfare services on its first Tennessee passing the license to discriminate in child day back in session. welfare services bill on their first day back is consistent with the trend in anti-LGBTQ legislation over the past In just the first few weeks of 2020 there have been few years, which has been to push for bills that allow encouraging signs about continued momentum forward narrower, more targeted types of discrimination —such for non-discrimination laws and pro-equality policies. as licenses to discriminate in the provision of child Success on major non- New Jersey passed a law banning the use of an LGBTQ- welfare services. We expect that anti-LGBTQ lawmakers panic defense. Utah issued regulations that protect in many states will continue to introduce and advance discrimination legislation LGBTQ youth from the dangerous, debunked practice of this type of bill that aims to allow individuals and so-called “conversion therapy”, making it the 19th state businesses to discriminate against LGBTQ people based (plus the District of Columbia and Puerto Rico) to prohibit on religious or moral objections in specific sectors, like seems likely, but so does this harmful practice. And Virginia is poised to become education, adoption and foster care services. We also the first state in over a decade to add sexual orientation anticipate continuing to see preemption bills that attempt a resurgence of anti- and gender identity to existing non-discrimination law, to reduce the power of cities and towns to protect their as well as the first state in 12 years to pass a public LGBTQ residents and visitors from discrimination, with accommodations law from scratch. the potential to eliminate or gut existing local non- transgender legislation, discrimination protections. In addition to those major developments, we anticipate that additional states will add non-discrimination laws With these bills popping up in state legislatures across this time targeting in the areas of jury service and credit, require better the country it is clear that for all of the highs 2020 has in reporting of hate crimes, require all single-occupancy store, there will also be significant challenges and hard trans student athletes facilities to be designated as all-gender; to streamline fights. Opponents of equality continue to be determined the process for transgender people to update their to push back against progress, and proponents of identity documents to reflect their gender identity, and equality are more determined than ever to push forward. and attempting to deny to advance additional protections for youth from the practice of so-called “conversion therapy”. transgender children However, it is clear that opponents of equality have not given up on trying to undermine or prevent protections best-practice medical care. for LGBTQ people, and that in fact they’ve doubled down in particular on legislation targeting transgender children. Bills preventing transgender student-athletes from participating in athletics consistent with their gender

12 | HRC.ORG/SEI HRC.ORG/SEI | 13 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS NON-DISCRIMINATION IN NON-DISCRIMINATION IN EMPLOYMENT HOUSING

STATES THAT PROHIBIT EMPLOYMENT STATES THAT PROHIBIT EMPLOYMENT STATES THAT PROHIBIT HOUSING STATES THAT PROHIBIT HOUSING DISCRIMINATION BASED ON SEXUAL DISCRIMINATION BASED ON SEXUAL DISCRIMINATION BASED ON SEXUAL DISCRIMINATION BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY ORIENTATION ONLY ORIENTATION AND GENDER IDENTITY ORIENTATION ONLY California Maine Oregon Wisconsin California Iowa New Mexico Wisconsin Colorado Maryland Rhode Island Colorado Maine New York Connecticut Massachusetts Utah Connecticut Maryland Oregon Delaware Minnesota Vermont Delaware Massachusetts Rhode Island District of Nevada Washington District of Minnesota Utah Columbia New Hampshire Columbia Nevada Vermont Hawaii New Jersey Hawaii New Hampshire Washington Illinois New Mexico Illinois New Jersey Iowa New York

14 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 15 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS NON-DISCRIMINATION IN NON-DISCRIMINATION IN PUBLIC ACCOMMODATIONS EDUCATION

STATES THAT PROHIBIT PUBLIC STATES THAT PROHIBIT PUBLIC STATES THAT PROHIBIT NON- STATES THAT PROHIBIT NON- ACCOMMODATIONS DISCRIMINATION ACCOMMODATIONS DISCRIMINATION DISCRIMINATION IN EDUCATION ON THE DISCRIMINATION IN EDUCATION ON THE BASED ON SEXUAL ORIENTATION AND BASED ON SEXUAL ORIENTATION ONLY BASIS OF SEXUAL ORIENTATION AND BASIS OF SEXUAL ORIENTATION ONLY GENDER IDENTITY GENDER IDENTITY Wisconsin New Mexico Wisconsin California Iowa New Mexico California Illinois New Hampshire Colorado Maine New York Colorado Iowa New Jersey Connecticut Maryland Oregon Connecticut Maine New York Delaware Massachusetts Rhode Island District of Massachusetts Oregon District of Minnesota Vermont Columbia Minnesota Vermont Columbia Nevada Washington Hawaii Nevada Washington Hawaii New Hampshire Illinois New Jersey

16 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 17 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS ANTI-BULLYING LAWS SECOND PARENT ADOPTION*

STATES WITH ANTI-BULLYING LAWS THAT STATES WITH LAWS THAT RESTRICT THE STATES WHERE SECOND-PARENT ADOPTION PROVIDE SPECIFIC PROTECTION BASED INCLUSION OF LGBTQ TOPICS IN SCHOOLS IS AN OPTION FOR SAME-SEX COUPLES ON SEXUAL ORIENTATION AND GENDER Alabama Oklahoma STATEWIDE IDENTITY Louisiana South Carolina California llinois Oregon Arkansas Illinois New Jersey Mississippi Texas Colorado Maine Pennsylvania California Iowa New Mexico Connecticut Massachusetts South Dakota Colorado Maine New York Delaware Montana Vermont Connecticut Maryland North Carolina District of New Jersey Delaware Massachusetts Oregon Columbia New York District of Minnesota Rhode Island Idaho Columbia Nevada Vermont Hawaii New Hampshire Washington

STATES WITH ANTI-BULLYING LAWS THAT Please see individual state scorecards for other PREVENT SCHOOL DISTRICTS FROM criteria related to relationship recognition on SPECIFICALLY PROTECTING LGBTQ STUDENTS * adoption and non-discrimination provisions. Missouri South Dakota

18 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 19 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS TRANSGENDER HEALTHCARE NAME AND GENDER MARKER UPDATES ON IDENTIFICATION DOCUMENTS

STATES WITH BANS ON INSURANCE STATES WITH TRANSGENDER COVERAGE STATES WITH LAWS AND POLICIES THAT STATES WITH LAWS AND POLICIES THAT EXCLUSIONS FOR TRANSGENDER EXCLUSIONS IN MEDICAID FACILITATE GENDER MARKER UPDATES ON FACILITATE GENDER MARKER UPDATES HEALTHCARE Alaska IowaMissouri Texas DRIVER’S LICENSE ONLY ON DRIVER’S LICENSES AND BIRTH CERTIFICATES California Maine New Mexico Georgia Nebraska West Virginia Arizona Michigan Ohio Colorado Maryland New York Idaho Tennessee Wyoming Arkansas Missouri Vermont Alaska Idaho New Jersey Connecticut Massachusetts Oregon Florida New Hampshire Virginia California Illinois New Mexico Delaware Michigan Pennsylvania Indiana North Carolina West Virginia Colorado Kansas New York District of Minnesota Rhode Island Maine North Dakota Connecticut Maryland Oregon Columbia Nevada Vermont Delaware Massachusetts Pennsylvania Hawaii New Hampshire Washington District of Minnesota Rhode Island Illinois New Jersey Columbia Montana Washington Hawaii Nevada STATES WITH TRANSGENDER-INCLUSIVE HEALTH BENEFITS FOR STATE EMPLOYEES STATES WITH LAWS AND POLICIES THAT California Massachusetts Oregon PREVENT TRANSGENDER PEOPLE FROM Connecticut Minnesota Rhode Island RECEIVING APPROPRIATE IDENTIFICATION Delaware Montana Vermont Tennessee District of Nevada Washington Columbia New Jersey Maryland New York

20 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 21 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS HIV/AIDS CRIMINALIZATION HATE CRIMES & CRIMINAL JUSTICE

STATES WITH LAWS THAT CRIMINALIZE STATES THAT HAVE A LAW THAT ADDRESSES STATES THAT HAVE A LAW THAT ADDRESSES BEHAVIORS THAT CARRY A LOW OR HATE OR BIAS CRIMES BASED ON SEXUAL HATE OR BIAS CRIMES BASED ON SEXUAL NEGLIGIBLE RISK OF HIV TRANSMISSION ORIENTATION AND GENDER IDENTITY ORIENTATION ONLY Alabama Maryland Ohio California Maine New York Arizona Kentucky Tennessee Arkansas Michigan Oklahoma Colorado Maryland Oregon Florida Louisiana Texas Florida Minnesota Pennsylvania Connecticut Massachusetts Rhode Island Iowa Nebraska Wisconsin Georgia Mississippi South Carolina Delaware Minnesota Utah Kansas New Hampshire Idaho Missouri South Dakota District of Missouri Vermont Illinois Nebraska Tennessee Columbia Nevada Washington STATES THAT HAVE A LAW THAT ELIMINATES Indiana New Jersey Utah Hawaii New Jersey A BIAS RAGE OR PANIC DEFENSE IN Kentucky North Carolina Virginia Illinois New Mexico CRIMINAL ACTS Louisiana North Dakota California Maine New York Connecticut Nevada Rhode Island Illinois

22 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 23 SUMMARY | ISSUE MAPS SUMMARY | ISSUE MAPS ANTI-CONVERSION THERAPY DATA COLLECTION

STATES WITH LAWS THAT PROTECT YOUTH STATES THAT COLLECT DATA ON THE STATES THAT COLLECT DATA ON THE FROM CONVERSION THERAPY BEHAVIORAL RISK FACTOR SURVEILLANCE YOUTH RISK BEHAVIOR SURVEILLANCE SYSTEM (BRFSS) ON THE BASIS OF SEXUAL SYSTEM (YRBSS) ON THE BASIS OF SEXUAL California Maine Oregon ORIENTATION AND GENDER IDENTITY ORIENTATION ONLY Colorado Maryland Rhode Island Connecticut Massachusetts Vermont California Iowa Ohio Arizona Nebraska Oklahoma Delaware Nevada Washington Connecticut Louisiana Oklahoma Arkansas Nevada Pennsylvania District of New Hampshire Delaware Massachusetts Pennsylvania Connecticut New Hampshire South Carolina Columbia New Jersey District of Minnesota Rhode Island Illinois New York Texas Hawaii New Mexico Columbia Mississippi South Carolina Indiana North Carolina West Virginia Illinois New York Florida Montana Texas Iowa North Dakota Wyoming Georgia Nevada Vermont Kentucky Ohio Hawaii New Mexico Virginia Illinois New York Washington Indiana North Carolina Wisconsin

STATES THAT COLLECT DATA ON BOTH THE BRFSS AND YRBSS FOR SEXUAL ORIENTATION AND GENDER IDENTITY California Hawaii Vermont Delaware Massachusetts Wisconsin District of New Mexico Columbia Rhode Island

24 | HRC.ORG/SEI CURRENT AS OF DECEMBER 1, 2019 CURRENT AS OF DECEMBER 1, 2019 HRC.ORG/SEI | 25 SUMMARY | CRITERIA STATE HIGHLIGHT STATE CATEGORIES ONE COLORADO FOR SEI SCORECARDS

In the SEI scorecards, we have grouped states into several broad It wasn’t so long ago that Colorado earned the title of the “Hate State” by categories to provide a general idea about the type of advocacy that passing Amendment 2 that prevented LGBTQ Coloradans from gaining any occurs in each state in addition to identifying statewide laws and legal protections at the county, city, or state level. Since the amendment policies affecting LGBTQ people in such states. The categories are: was overturned by the U.S Supreme Court in 1996, our movement has continued to make ground, and we have seen our state become a national leader for LGBTQ rights and protections.

We’ve elected our nation’s first openly gay In 2020, One Colorado will work hard to add governor, the second openly transgender state explicit protections for transgender Coloradans lawmaker nationwide, and boast one of the largest under our state’s non-discrimination laws, increase and most diverse LGBTQ legislative caucuses in affordability and access to HIV prevention drugs, HIGH PRIORITY TO BUILDING EQUALITY the nation. In 2019, One Colorado supported the and ban the so-called ‘LGBTQ panic defense’ in ACHIEVE BASIC EQUALITY passage of three significant pieces of legislation the state of Colorado. We will stay committed to In these states, advocates work to build upon initial including Jude’s Law to make it easier for building up communities where LGBTQ people are In these states, advocates focus on raising support advances toward LGBTQ equality, such as the transgender and non-binary individuals to update visible, respected, and treated equally. With all that for basic LGBTQ equality, such as non-discrimination implementation of safer school policies, expanding non- their identity documents, protections for youth from we do, we will stay mindful of the gap that exists protections in employment, housing and public discrimination protections, or protections in healthcare conversion therapy, and the inclusion of LGBTQ between legal and lived equality, and fight every accommodations. These states are most likely to have for transgender people. Work in these states varies history in school curriculum. Yes, we’ve come a long day to improve the lived experience of LGBTQ religious refusal or other anti-LGBTQ laws. Advocates widely but may focus on opposing negative legislation, way, but there are still challenges ahead. Coloradans and their families. often further LGBTQ equality by focusing on municipal passing comprehensive non-discrimination laws, or protections for LGBTQ people or opposing negative making it easier for LGBTQ people to create families. After releasing a statewide LGBTQ health study legislation that targets the LGBTQ community. and embarking on an 18-city tour last year, One Colorado has identified a significant gap DANIEL RAMOS between legal and lived equality in the state. Executive Director Despite the passage of bills that expand rights One Colorado and protections for LGBTQ Coloradans, in community after community, we heard stories of SOLIDIFYING EQUALITY WORKING TOWARD increased bullying in schools, harassment on the INNOVATIVE EQUALITY streets, discrimination in the work place, andacts These states have several basic measures of equality, of violence against LGBTQ Coloradans. One including non-discrimination protections or anti- These states have a broad range of protections Colorado’s work in 2020 couldn’t be more clear: to bullying laws. Advocates work to ensure the broad to ensure equality for LGBTQ people, including close the gap. implementation of these laws while advancing laws comprehensive non-discrimination laws, safer school concerning parenting, youth, health and criminal justice policies, and healthcare access for transgender people. to achieve full equality for the LGBTQ community. Advocates focus on the implementation of laws and advance innovative legislation that addresses the needs of vulnerable populations.

above: Bill signing with Governor Jared Polis left: One Colorado staff

26 | HRC.ORG/SEI HRC.ORG/SEI | 27 SCORECARD | CRITERIA SCORECARD | CRITERIA PARENTING LAWS & POLICIES

Every child deserves a loving home and every family should be able to NEGATIVE LAWS & POLICIES recognize familial relationships free from discrimination on the basis of PROHIBITION OF SURROGACY LAWS PERMITTING DISCRIMINATION IN sexual orientation or gender identity. This item indicates state laws that explicitly prohibit FOSTER/ADOPTION PLACEMENT gestational surrogacy contracts. Gestational surrogacy This item indicates state laws that allow for discrimination This category evaluates state laws, policies, or court Note that not all states allow for each of the family is a surrogacy arrangement where the surrogate has no in the placement of foster youth with LGBTQ families or cases that allow for the creation and recognition of creation legal mechanisms detailed in this category. It is genetic relation to the child. adoption by LGBTQ families. This is generally done either family units or that affect the ability of LGBTQ families also important to note that family law can differ widely by specifically allowing for discrimination against LGBTQ to adopt and provide legal recognition for their families. between jurisdictions, and items in the category may not families or by privileging married couples for adoption or reflect variances in family law issues between different foster placement. Other states will introduce a “conscious” Some states prevent LGBTQ individuals or same-sex counties within a state. Unless there is a specific exception for foster or adoption placement agencies, couples from serving as adoptive or foster parents, and prohibition on joint or second parent adoptions in a state, allowing them to discriminate on the basis of their religion many public child welfare agencies still discriminate it is likely that at least some same-sex couples are able against LGBTQ families. against qualified, licensed LGBTQ foster and adoptive to adopt via these mechanisms through individual judges. families. When LGBTQ families are denied the ability to foster and adopt children, children are denied the RELIGIOUS REFUSAL AND right to safe, happy, and healthy permanent homes. RELATIONSHIP RECOGNITION POSITIVE LAWS & POLICIES SECOND-PARENT ADOPTION PARENTAL PRESUMPTION FOR This item indicates state laws or court decisions that SAME-SEX COUPLES All loving and committed couples deserve equal respect and legal allow a second parent of the same sex to petition to This item indicates that the state, through statewide court recognition. Support for marriage equality for same-sex couples has adopt their partner’s children, regardless of whether they rulings, statutes, or agency guidance, presumes that a grown rapidly, and after the Obergefell ruling by the U.S. Supreme Court, are in a legally recognized relationship. parental relationship exists for both parents in a same-sex marriage with regard to any children born of that marriage. every state is obligated to recognize the marriages of same-sex partners. SURROGACY LAWS Following this historic ruling, several states have of same-sex marriages or allow state officials to refuse to This item indicates state laws that explicitly allow for CONSENT TO INSEMINATE continuously introduced bills that would limit recognition provide licenses or other services for same-sex couples. gestational surrogacy but do not exclude LGBTQ people This item indicates state laws that specifically allow or privilege married partners. Gestational surrogacy is unmarried same-sex couples to create parentage for both a surrogacy arrangement where the surrogate has no parents for an intended child by formally consenting to NEGATIVE LAWS & POLICIES genetic relation to the child. insemination of one of the parents. STATE RELIGIOUS FREEDOM or state professional licensing boards from FOSTER CARE NON-DISCRIMINATION DE FACTO PARENT RECOGNITION RESTORATION ACTS disciplining students or professionals for failing This item indicates state laws or administrative policies This item indicates a limited recognition of de facto This item indicates state laws that purport to preserve to meet their professional standards of conduct that prohibit discrimination against LGBTQ people in the parents as a basis for visitation or custody, generally “religious freedom”, but which may in fact undermine (generally relating to non-discrimination) on placement of foster youth. through court cases. De facto parents are individuals state non-discrimination protections. Their laws generally the basis of their personal religious beliefs. who serve in the role of a parent, but have no legally fall within one of two categories: the so-called “religious FOSTER PARENT TRAINING REQUIRED recognized tie to the child. freedom restoration acts”, and the laws that specifically FIRST AMENDMENT DEFENSE ACT This item indicates state laws or agency regulations allow marriage-service providers to discriminate on the This item indicates state laws that purport to protect that require prospective foster parents to receive basis of their religion. State laws that explicitly make clear religious expression but actually grant a right to training regarding LGBTQ youth in areas like cultural discriminate. These laws protect people working at that civil rights protections are not subject to religious competency and legal requirements. a public agency, or a private individual or agency refusal will not fall in this category. that receives funds, licensing, or other recognition RELIGIOUS EXEMPTIONS FOR from the state, from losing any of those benefits as PROFESSIONAL TRAINING/PRACTICE a result of discriminatory action that is based on an This item indicates state laws that specifically individual’s sexual orientation or gender identity. prevent public institutions of higher education

28 | HRC.ORG/SEI HRC.ORG/SEI | 29 STATE HIGHLIGHT SCORECARD | CRITERIA FREEDOM OKLAHOMA NON-DISCRIMINATION LAWS & POLICIES

The Oklahoma legislative session is known in LGBTQ communities as a It should not be legal to deny someone the right to work, rent a home, time to brace ourselves for a long, chaotic, and unpredictable fight. receive an education, or be served in a place of public accommodation because of their sexual orientation or gender identity. The session ought to be a time for our We’re proud of each of our victories, but we know representatives to expand rights for LGBTQ holding the line is simply not enough. And that’s Recognizing that LGBTQ people should be free of accommodations. some states, the protections Oklahomans. Instead, it’s usually a battle to hold why we are building toward something more. discrimination in all areas of life, this publication outlined in a specific area do not exist for any the line. This is how it’s been in Oklahoma for as Indeed, in 2019, something remarkable happened. takes a comprehensive view of non-discrimination characteristic—including race, sex, or disability. long as I can remember. Our years of efforts paid off when no single bill laws & policies, looking at areas where not every designed to roll back LGBTQ rights was filed. state provides protections. This category evaluates For each item in this category, it is noted whether the Oklahoma is considered to be one of the harshest whether discrimination on the basis of sexual law or policy provides non-discrimination protection on environments for LGBTQ people to live. While Rest assured we are prepared for this respite to orientation and gender identity is explicitly prohibited the basis of sexual orientation, gender identity, or both. many LGBTQ people love our home, we also know be temporary. We stand ready to fight back against through statewide laws or policies in a host of areas, the political reality is that proactive legislation that efforts to harm our communities whenever they including employment, housing, education, and public could move us toward full legal rights and lived occur. However, the 2019 session demonstrated equality is not a priority for many legislators. In fact, that our hard won victories have a long reach. too many lawmakers remain outright antagonistic. We’ve got a long way to go, and we’ll keep fighting, POSITIVE LAWS & POLICIES but our progress is undeniable and momentum is EMPLOYMENT FOSTER CARE At Freedom Oklahoma, we have long functioned on our side. This item indicates state laws that prohibit discrimination This item indicates state laws or administrative as a stop gap by working diligently, both publicly in private employment on the basis of sexual orientation policies that protect youth involved in the foster and behind the scenes, to ensure that the usual or gender identity, among other categories. care system from discrimination on the basis barrage of anti-LGBTQ bills do not advance. of sexual orientation or gender identity. Historically, a successful session has meant that ALLIE SHINN HOUSING Oklahoma’s LGBTQ communities are as safe at Executive Director This item indicates state laws that prohibit discrimination INSURANCE the end of the legislative session as they were at Freedom Oklahoma in rental or purchase of housing on the basis of sexual This item indicates state laws or administrative policies that the beginning. orientation or gender identity. prohibit discrimination in at least some forms of insurance on the basis of sexual orientation or gender identity. PUBLIC ACCOMMODATIONS We’ve accomplished a lot on defense. With This item indicates state laws that prohibit discrimination the support of a strong community, nationwide CREDIT in public accommodations on the basis of sexual partners and legislators from both parties who This item indicates state laws or administrative policies orientation or gender identity. champion our cause, we’ve stopped dozens of that prohibit discrimination in the granting of credit, establishment of loans, or other elements of banking harmful bills from becoming law. Public accommodations are generally defined as entities, both public and private, that are used by the on the basis of sexual orientation or gender identity. public. Examples may include retail stores, rental JURY SELECTION establishments, and service establishments, as well as This item indicates state laws, administrative policies, or educational institutions or recreation facilities. The types court decisions that prohibit discrimination in jury selection of entities that fall into this category vary widely and are on the basis of sexual orientation or gender identity. based on state law. COLLEGES AND UNIVERSITIES EDUCATION This item indicates state laws that prohibit discrimination This item indicates state laws or state university system against students in public education on the basis of policies that prohibit discrimination in admission and sexual orientation or gender identity. access to campus services and facilities on the basis of sexual orientation or gender identity. ADOPTION This item indicates state laws or administrative policies that protect youth involved in the adoption system from discrimination on the basis of sexual orientation or gender identity. 30 | HRC.ORG/SEI HRC.ORG/SEI | 31 SCORECARD | CRITERIA STATE HIGHLIGHT NON-DISCRIMINATION EQUALITY TEXAS & TRANSGENDER LAWS & POLICIES EDUCATION NETWORK OF TEXAS (TENT)

POSITIVE LAWS & POLICIES For 30 years, Equality Texas, the state’s largest LGBTQ rights NON-DISCRIMINATION POLICY This item indicates state laws or administrative policies organization, has been fighting on the frontlines at the Texas Capitol. FOR STATE EMPLOYEES that prohibit discrimination against state employees on We’re proud of how far we’ve come—and as committed as ever to the basis of sexual orientation or gender identity. achieving full legal and lived equality for all Texans.

During the 2019 legislative session, we were of Representatives which will be significant NEGATIVE LAWS & POLICIES pleased to partner with the Transgender Education in pushing our agenda forward and passing RESTRICTIONS ON MUNICIPAL PROTECTIONS BROAD RELIGIOUS EXEMPTIONS IN STATE Network of Texas (TENT) and other allies to a comprehensive nondiscrimination bill in This item indicates state laws that prevent municipalities NON-DISCRIMINATION LAWS THAT SINGLE ensure the failure of 20+ anti-LGBTQ bills. 2021. This bill would extend nondiscrimination in a state from passing non-discrimination ordinances OUT SEXUAL ORIENTATION AND/OR GENDER protections for LGBTQ people in employment, The Transgender Education Network of Texas that would protect categories broader than those IDENTITY housing, and public accommodations. is the largest statewide, trans led, trans focused protected by state law, generally leaving out sexual This criterion indicates state non-discrimination laws that organization in the state of Texas. For the past We believe these changes are evidence of orientation and gender identity. have religious exemptions singling out sexual orientation 10 years TENT has been dedicating its efforts growing political strength and support from and/or gender identity from other protected classes. This is different from states that have adopted “Dillon’s to stopping discrimination and furthering gender the Texans who believe in LGBTQ Equality. Rule”, which also limits municipal power but does so diverse equality through social, legislative, and without a discriminatory intent. corporate education across Texas. Together, We’re ready to go on offense and push for Equality Texas, TENT and other community a pro-equality agenda in the 2021 Texas partners have been shoulder to shoulder legislative session. It’s long past time to in defeating bills that would harm the trans change the law and protect all Texans. community. While we’ve defeated bills together, both of our organizations cannot wait for the day we can pass LGBTQ comprehensive bills RICARDO MARTINEZ together, and we believe those days are near. Chief Executive Officer Equality Texas For the first time in Texas history, a new Recognizing that LGBTQ people LGBTQ Caucus with five openly LGBTQ EMMETT SCHELLING should be free of discrimination women in the Texas House became a game- Executive Director changer in the fight for full equality. Transgender Education in all areas of life, this publication Network of Texas (TENT) With new-found firepower, we made progress takes a comprehensive view of on pro-active bills that will protect LGBTQ non-discrimination laws & policies, Texans including a ban on conversion therapy, as well as having name and gender marker looking at areas where not every changes be more accessible for Texans. Both state provides protections. of which received hearings for the first time. But, the big news from Texas, is that the political map is changing. Candidates up and down the ballot who ran on pro-equality messages had unprecedented success in 2018. If this success continues in the 2020 elections, we could have a pro-equality majority in the Texas House

32 | HRC.ORG/SEI HRC.ORG/SEI | 33 STATE HIGHLIGHT SCORECARD | CRITERIA EQUALITY MAINE HATE CRIMES & CRIMINAL JUSTICE LAWS

Leadership matters. No one should be at risk of violence, targeted by criminal laws, or profiled by law enforcement because of their sexual orientation, gender In the summer of 2018, we sent our bill to anti-conversion therapy billagain, and this time our protect LGBTQ+ youth from the dangerous governor signed it! identity, or HIV status. and discredited practice of conversion therapy This category evaluates state criminal laws to determine This category also notes the presence of negative laws In addition to our legislative successes we to the desk of then-Governor Paul LePage. At whether they equally protect residents on the basis of that harm public health efforts, like those that criminalize were able to work with our new pro-equality that point, sixteen other governors - Democrats sexual orientation and gender identity, include LGBTQ people living with HIV, as well as unconstitutional administration to ensure that MaineCare, our and Republicans- had signed such bills in their people in hate crimes laws, eliminate unjust defenses statutes like anti-sodomy laws that perpetuate stigma state’s version of Medicaid, is trans-inclusive. And own states. But LePage chose petty politics to violent crimes committed against LGBTQ people, and against LGBTQ people by their continued existence. we eliminated the burdensome requirement that over protecting kids, becoming the first governor proscribe police profiling of LGBTQ individuals. anywhere in the country to veto protections from healthcare providers verify a person’s gender conversion therapy and leaving Maine’s children in order to change gender markers on driver’s vulnerable to serious harm from attempts to “fix” licenses and state IDs. POSITIVE LAWS & POLICIES something that was never broken. A few days later, As we look ahead to 2020, we will be working ENUMERATED HATE CRIMES LAWS ELIMINATION OF BIAS RAGE OR PANIC anti-equality legislators joined in this reprehensible on simplifying the process for changing gender This item indicates state laws that specifically DEFENSE FOR CRIMINAL ACTS action by sustaining his veto. markers on birth certificates, expanding access include sexual orientation or gender identity in This item indicates a state law that prohibits the and insurance coverage for PrEP, and so much hate crimes protections. use of an affirmative defense that may be used That fall, we were proud to endorse pro-equality to excuse or classify a criminal charge as a lesser candidates of all parties up and down the ticket, more. We know the difference that pro-equality MANDATORY REPORTING OF HATE CRIMES leadership makes, and we’ll be doing our part charge because the revelation of the victim’s and when the results came in on election night STATISTICS sexual orientation or gender identity caused the to ensure that our community gets the kind of they won BIG! Twenty-two of our endorsed This item indicates state laws that require the collection defendant to lose control and turn violent. candidates for state Senate won, as did 80 of our leadership we deserve in Washington, too. of data regarding incidents of hate crimes based on endorsed candidates for state House. And, history sexual orientation or gender identity and reporting that PROHIBITING PROFILING BASED ON ACTUAL was made as pro-equality candidate Janet Mills data to the federal government. OR PERCEIVED LGBTQ STATUS BY LAW was elected Maine’s first female Governor. MATT MOONEN ENFORCEMENT Executive Director This section denotes a state statute that prohibits law In 2019 we knew we had to seize the moment, Equality Maine enforcement from targeting a person based on their and we wasted no time. Working with Governor actual or perceived sexual orientation or gender identity Mills, Senate President Troy Jackson, and Speaker without trustworthy information relevant to linking that of the House Sara Gideon, we were successful person to a crime. in amending the very first bill of the new session, LD 1, to prohibit discrimination in health insurance based on sexual orientation and gender identity NEGATIVE LAWS & POLICIES and to specifically prohibit exclusions for trans SODOMY LAWS HIV CRIMINALIZATION LAWS care in health plans sold in Maine. We followed This item indicates state laws that purport to criminalize This item indicates state laws that criminalize behaviors that with successful passage of bills to prohibit sodomy, regardless of whether they are enforced. Note of HIV+ people that carry a low or negligible risk of HIV LGBTQ profiling, prohibit the LGBTQ “panic” that these laws are not enforceable due to the Supreme transmission. States that criminalize behaviors that carry defense, and designate all single-occupancy Court’s Lawrence v. Texas decision, but they still need to a higher risk of youth-retransmission will not be noted restrooms as all-gender. Finally, we passed our be officially repealed by the state legislature. by this measure.

34 | HRC.ORG/SEI HRC.ORG/SEI | 35 SCORECARD | CRITERIA SCORECARDS | CRITERIA YOUTH-RELATED LAWS & POLICIES

All youth should be able to participate in schools and POSITIVE LAWS & POLICIES communities that are safe and welcoming, regardless LAWS TO ADDRESS LGBTQ YOUTH LGBTQ-INCLUSIVE SEX EDUCATION LAWS of their sexual orientation or gender identity. HOMELESSNESS This item indicates state law or regulatory guidance This item indicates state laws that specifically address that requires any sexual health education provided to This category evaluates a range of measures concerning Several items in this category, particularly with regard homelessness among LGBTQ youth. For example, students be specifically inclusive of LGBTQ youth. the safety and well-being of LGBTQ youth, including to protecting youth from conversion therapy and requiring homeless youth service providers to have safe school laws, laws to protect youth from dangerous addressing youth homelessness, are rapidly evolving non-discrimination policies in place, adequate cultural LGBTQ-INCLUSIVE JUVENILE JUSTICE and discredited conversion therapy, and laws to address areas of the law. While currently only a few states competency training, enhanced data collection to better POLICIES youth homelessness. Recognizing that schools play an provide these protections, additional states will understand disparities among this vulnerable population, This item indicates state laws, regulations, or policies especially important role in the growth and development likely address these policy issues in future years. and ensure homeless transgender youth are able to designed to protect LGBTQ youth in juvenile justice of young people, we looked at a number of measures receive appropriate services based on their gender settings from discrimination on the basis of sexual relating to bullying prevention and school safety. identity and expression. orientation and gender identity.

POSITIVE LAWS & POLICIES NEGATIVE LAWS & POLICIES ANTI-BULLYING LAWS Finally, the “Cyberbullying” item indicates that the INEQUALITY IN AGE OF CONSENT FOR LAWS THAT RESTRICT INCLUSION OF LGBTQ These items indicate state laws that protect youth state’s anti-bullying law covers incidents of bullying SAME-SEX COUPLES TOPICS IN SCHOOLS from bullying and harassment, generally by requiring and harassment that occur electronically, through This item indicates state laws that create different This item indicates state laws that prohibit educators individual school districts to have anti-bullying policies the internet or another medium. States and individual standards for the age of consent in same-sex and from discussing LGBTQ topics in schools or that in place. Credit was given for laws that are enumerated, school districts vary widely on the degree to which different-sex couples. Many states have a so-called require that any discussion of LGBTQ topics in schools meaning they specifically list characteristics that are anti-cyberbullying enforcement extends beyond the “Romeo and Juliet” exception to age of consent laws, be presented in a negative way. While these laws frequently the target of bullying and harassment, while walls of the school. This category does not assess which prevents violation of these laws as long as the generally pertain only to sexual health education, they providing anti-bullying protection for all students. these distinctions, simply whether the law addresses couple is within a particular age range; however, for some are frequently interpreted in a broader way by school bullying and harassment through electronic means. Enumeration is especially important to protect states this exception only applies to different-sex couples. districts. In some states these laws are not operative, LGBTQ students, as research has demonstrated SCHOOL SUICIDE PREVENTION POLICIES but because of the negative impact they can have on SCHOOL LAWS THAT CRIMINALIZE YOUTH that non-enumerated policies are no more effective This item indicates state laws that require public school LGBTQ youth, even if they are not officially enforced, This item refers to anti-bullying laws that have either the to protect vulnerable students than having no districts to have policies that focus on suicide prevention they are still noted as present. mandatory, one-size-fits-all discipline or zero-tolerance policy in place. State laws are only indicated and intervention. policies, or the laws that specifically criminalize either by this item if they provide protection based on bullying or cyberbullying. The item does not apply to both sexual orientation and gender identity. TRANSGENDER INCLUSION IN SPORTS This item indicates either legislation, regulations from general laws that extend anti-harassment protections The second item indicates states with model the state Department of Education, or authoritative to an electronic medium unless they refer specifically to policies and guidance documents, generally guidance from the state organization that regulates schools, bullying, or cyberbullying. created by the state Department of Education, that intramural secondary school sports allowing transgender ANTI-BULLYING LAWS THAT PROHIBIT enumerate sexual orientation and gender identity. students reasonable opportunity and access to ENUMERATION participate in school sports. The “Alternative Discipline” item indicates state laws This item indicates state anti-bullying laws that specifically that specifically include language that supports PROTECTION FROM CONVERSION THERAPY prohibit school districts from listing characteristics that alternative forms of discipline that focus on This item indicates laws designed to protect LGBTQ are frequently the target of bullying and harassment. education, remediation, prevention, and providing youth from conversion therapy through licensing This undermines the protection of the law for vulnerable support for the target of bullying, rather than restrictions that prevent licensed mental health service populations such as LGBTQ youth. exclusionary discipline, criminalization, or “zero professionals from conducting conversion therapy on tolerance” policies for bullying and harassment. youth under age 18.

36 | HRC.ORG/SEI HRC.ORG/SEI | 37 SCORECARD | CRITERIA SCORECARD | CRITERIA HEALTH & SAFETY LAWS & POLICIES

Everyone should be able to access appropriate healthcare that is POSITIVE LAWS & POLICIES culturally competent and affirming, regardless of their sexual orientation HEALTH DATA COLLECTION While there are many other forms of both state and or gender identity. Moreover, everyone should be able to access identity This item indicates the presence of sexual orientation federal data collection, this measure looks at only these documents that reflect the way in which they live their lives. or gender identity-related survey questions on national two specific surveys, as they are prominent health surveys health data collections that are administered by the state. and they include optional questions pertaining to LGBTQ This category evaluates a range of measures relating With the rapidly evolving nature of healthcare and The Centers for Disease Control and Prevention (CDC) populations. Note that not every state administers the to the health and safety of LGBTQ people, including consistent push for reforms from elected officials, it conducts two federal health data surveys in the majority YRBSS, and states that do not are indicated with an “N/A.” access to healthcare, the ability to obtain appropriate is likely that measures relating to non-discrimination of states: the Behavioral Risk Factor Surveillance System identity documents, and the collection of health survey in healthcare and prohibitions on transgender (BRFSS) among adults and the Youth Risk Behavior ALL-GENDER SINGLE-OCCUPANCY data of LGBTQ people. Data collection pertaining to healthcare exclusion will continue to grow. Surveillance System (YRBSS) among secondary-school FACILITIES LGBTQ populations is especially important because, aged youth. Only LGBTQ-related optional questions This item indicates state laws or agency guidance over time, it will allow us to assess and address adopted by the CDC are counted for this measure. requiring single occupancy facilities (that is restrooms health disparities among LGBTQ communities. or changing rooms meant to accommodate only one person at a time) to be designated as all-gender POSITIVE LAWS & POLICIES NEGATIVE LAWS & POLICIES LGBTQ NON-DISCRIMINATION PROTECTIONS TRANSGENDER HEALTHCARE INCLUSION IN AFFORDABLE CARE ACT (ACA) IN STATE MEDICAID LAWS PROHIBITING TRANSGENDER EXCHANGES This item indicates state laws or agency rules that PEOPLE FROM RECEIVING APPROPRIATE This item indicates state laws or administrative policies specifically allow for transition-related coverage for IDENTIFICATION that specifically prohibit discrimination on the basis transgender people through state Medicaid. This item indicates states laws, administrative policies, of sexual orientation or gender identity by insurance or court decisions preventing transgender people from providers and health care providers through state TRANSGENDER-INCLUSIVE HEALTH amending the gender markers on their driver’s licenses implementation of the ACA. While the ACA and federal BENEFITS FOR STATE EMPLOYEES or birth certificates under any circumstances. regulations make clear that health care and insurance This item indicates state laws, administrative policies, TRANSGENDER EXCEPTIONS IN STATE providers must not discriminate, enforcement is or court decisions that provide transgender state MEDICAID COVERAGE administered by the states, and so it is important that employees access to transgender and transition-related This item indicates state laws or administrative policies state laws and policies establish exchanges that reflect health care through their employment health benefits. that explicitly prohibit Medicaid coverage for transition- federal non-discrimination mandates. NAME AND GENDER MARKER UPDATES ON related care for transgender people. States that do not operate their own exchanges (and IDENTIFICATION DOCUMENTS therefore have no relevant laws or policies) cannot These items indicate state laws or administrative policies receive credit for this item. that allow transgender people to update their gender markers on their driver’s licenses or birth certificates BAN ON INSURANCE EXCLUSIONS FOR with a minimum of difficulty. Generally, this means that TRANS HEALTHCARE these laws or policies will create a clear process and not This item indicates state laws or administrative policies have specific surgery requirements in order to update that prohibit private health insurance providers from one’s gender marker. issuing policies with explicit bans on transgender or transition-related health care. While there are sometimes court decisions that allow transgender people to amend their identity documents even in states without explicit rules, these items will consider only statewide laws or policies.

38 | HRC.ORG/SEI HRC.ORG/SEI | 39 SCORECARD | ACKNOWLEDGING CONTEXT SCORECARD | ACKNOWLEDGING CONTEXT ACKNOWLEDGING CONTEXT

RESEARCH PROCESS IMPLEMENTATION AND LIVED EXPERIENCE The SEI scorecards are meant to assess the presence For each of the category descriptions, the SEI team The SEI is an assessment of the statewide laws and Finally, the SEI is not an evaluation of statewide of statewide laws, policies, and court decisions that made determinations on whether laws, administrative policies which affect LGBTQ equality in each state and advocacy efforts. We recognize that advocacy for affect LGBTQ equality, either positively or negatively. policies, or court decisions would qualify for each state the District of Columbia. It is a roadmap for the types statewide laws and policies concerning LGBTQ equality Research for this project was conducted by the SEI law and policy item based on the nature of the item, of state laws and policies that advocates can work will vary drastically in different regions, based on state team — a group of staff attorneys, pro bono attorneys typical statewide laws and policies concerning that item, toward to make positive change and a marker by which politics, historical context, state legislative issues, and and law fellows — based on the criteria for each law and our determination about best practices for that item. we can measure the steady passage of statewide laws countless other factors. For example, in some regions and policy item, and compiled into a sample scorecard and policies affecting LGBTQ equality. However, the SEI it may be a major victory for advocates to kill negative for each state. The data was drawn from publicly Laws refer to statewide statutes, either passed through does not rank states in terms of LGBTQ equality, nor is legislation, while in other states, such legislation has available sources. The draft scorecards were provided the state’s legislative process or through referendum. it an assessment of the culturally friendliest states for no real chance of passing. The SEI strives to present a to members of the Equality Federation, and these Administrative regulations and policies refer to agency LGBTQ people to live. balanced view of the types of advocacy that occurs in organizations were offered an opportunity to review the guidance or documented policies from a state executive different states around the country, as well as a factual scorecards, ask any questions, give input, and provide agency that has a legal effect (i.e., the policy is not Moreover, the SEI is not able to measure the record of the presence of statewide laws and policies additional sources for the SEI team to consider. These merely aspirational – it is enforceable). The nature of implementation of laws, policies, or court cases that that positively or negatively affect LGBTQ equality. assessments were considered by the SEI team and a these agency regulations and policies can vary widely affect LGBTQ equality, which can have a very real impact final scorecard for each state was developed. based on the nature of the category, the state agency, on the day-to-day lived experiences of LGBTQ people. and the administrative process in that state. Court While the SEI looks at the presence or absence of decisions refer to final rulings by a relevant state or statewide laws and policies, it is impossible to determine federal court with a statewide jurisdiction and for the extent to which those laws are actively enforced or which the decision is in effect. whether relevant training occurs. In fact, enforcement may vary considerably between states and municipalities within in a state. Many municipalities will have laws IMPORTANCE OF MUNICIPAL ADVOCACY and policies that go beyond the basic requirements While the SEI examines statewide laws and policies can facilitate passage of statewide laws and policies in of statewide law, creating additional protections in that affect LGBTQ equality, it is important to recognize several ways. For example, it can show that the potential areas such as non-discrimination or safe schools. the substantial and growing role that municipal law has negative outcomes opponents use to block protections on LGBTQ equality across the country. In many states for LGBTQ people are demonstrably false, it empowers with a more difficult political climate for LGBTQ equality, local advocates to become more involved, and it helps advocates may focus on municipal protections rather convince lawmakers that protections in their districts than statewide law and policy for strategic reasons. should be passed at the state level. Passage of municipal protections can serve to protect a large population of LGBTQ people immediately, whereas For a nationwide evaluation of municipal law, policies passage of statewide protections may not be feasible and services affecting LGBTQ equality, please see the Advocacy for statewide laws for years, if at all. Also, passage of municipal protections Municipal Equality Index, available at hrc.org/mei. and policies concerning LGBTQ equality will vary drastically in different regions, based on state politics, historical context, state legislative issues, and countless other factors.

40 | HRC.ORG/SEI HRC.ORG/SEI | 41 ISSUE BRIEF | ELIMINATION OF LGBTQ PANIC DEFENSES FOR CRIMINAL ACTS ISSUE BRIEF | ELIMINATION OF LGBTQ PANIC DEFENSES FOR CRIMINAL ACTS ELIMINATION OF LGBTQ PANIC DEFENSES FOR CRIMINAL ACTS USE OF THE DEFENSES IN COURT: As discussed above, these so-called defenses can be Provocation: When used in conjunction with provocation, Bias-motivated crimes have occurred with alarming frequency across used in a number of ways. LGBTQ panic defenses argue that the victim’s non- the United States. In particular, hate crimes targeting the LGBTQ violent sexual advance was sufficiently provocative to community have increased over the last several years, with nearly 1 in 5 Insanity: When used in conjunction with a defense of induce the defendant to kill in the “heat of passion”.5 1 insanity or diminished capacity, LGBTQ panic claims hate crimes motivated by anti-LGBTQ bias. Incomplete data collection argue that the defendant suffered a temporary mental In each of these instances, jurors are asked to find and underreporting mean that these troubling statistics are likely much breakdown as a result of an unwanted sexual advance that the victim’s sexual orientation or gender identity worse than indicated. from an LGBTQ victim or upon discovery of the victim’s contributed to the defendant’s violent behavior. In doing sexual orientation or gender identity.4 so, they excuse harm done to LGBTQ individuals and Despite a growing awareness of anti-LGBTQ violence, advance towards him, which caused him such emotional send the message that violence committed against a courtrooms across the country have permitted the distress that he suffered from temporary insanity and Self-Defense: When used in conjunction with a self- person as a result of their sexual orientation or gender perpetrators of these crimes to mitigate responsibility for could not be held accountable. Nearly two decades defense claim, LGBTQ panic claims argue that a identity is acceptable. their actions by use of so-called LGBTQ“panic defenses,” later, in the first case to charge a defendant for murder defendant had reason to believe that the victim’s sexual often referred to as gay and trans panic defenses. of a transgender person under the Matthew Shepard orientation and/or gender identity placed them in danger and James Byrd, Jr. Hate Crimes Prevention Act the of serious bodily harm. In 1998 one of the men who murdered gay college defendant asserted a similar claim. Seventeen year old student, Matthew Shepard, offered this defense when Mercedes Williamson was murdered by her romantic he was charged with luring Shepard from a bar, beating partner who told police that he “blacked out” when he STATE LEGISLATIVE ACTION: ONLY A HANDFUL and robbing him, and leaving him critically injured tied discovered she was transgender. The court rejected this OF STATES HAVE PROHIBITED SO-CALLED LGBTQ to a fence. He argued that Shepard made a sexual defense in both cases. “PANIC DEFENSES.” Only eight states - California, Connecticut, Hawaii, It is imperative that states continue to enact measures WHAT ARE LGBTQ PANIC DEFENSES? Illinois, Maine, New York, Nevada, and Rhode Island - banning the use of LGBTQ panic defenses in the have enacted legislation banning the use of LGBTQ courtroom to end the legitimization of violence against Defendants offering this strategy to courts and juries The tactic relies heavily on stereotypes grounded in panic claims as legal defenses in the courtroom. Out of LGBTQ people and ensure that all victims of violent argue that the victim instigated the attack by making anti-LGBTQ prejudice to justify violence against LGBTQ the eight, five of these bans were initiated in 2019. crimes, regardless of sexual orientation or gender a non-forcible romantic or sexual advance towards individuals, and at present, has been used in nearly one- identity, and their families receive equal justice. them. Defendants argue that they cannot be held wholly half of the states.2 While no state officially recognizes Several others, including the District of Columbia, responsible for the violence because the advance caused LGBTQ panic defenses as freestanding defenses to Massachusetts, Minnesota, New Jersey, New Mexico, them to enter a state of temporary insanity, the advance criminal liability, the arguments have been permitted Pennsylvania, Texas, and Washington, have introduced provoked violence, or the advance made them fear for in courtrooms across the country since the 1950s to bills to prohibit this defense. their physical safety. When used successfully, these bolster claims of insanity, self-defense, and provocation.3 defenses may allow defendants to escape punishment for their crimes, either by having their charges or sentences reduced, or convictions avoided altogether.

42 | HRC.ORG/SEI HRC.ORG/SEI | 43 SCORECARD | ANTI-TRANSGENDER LEGISLATION SCORECARD | ANTI-TRANSGENDER LEGISLATION ANTI-TRANSGENDER LEGISLATION

While anti-LGBTQ legislation is harmful to all, it particularly impacts the most marginalized and vulnerable within our community. The number of bills introduced that target the transgender community has been relentless and opponents of equality continue to find new ways to discriminate. This legislative session was no exception.

TOTAL ANTI TRANS BILLS 19

1 2 3 4 5

44 | HRC.ORG/SEI HRC.ORG/SEI | 45 SCORECARD | NATIONAL OVERVIEW NATIONALNATIONAL STATS STATS

TOTAL STATES WITH NON-DISCRIMINATION PROTECTIONS* FOR SEXUAL ORIENTATION FOR GENDER IDENTITY

EAE AC DEESES OR CRA ACS

AO RASEDER CSO SCOO SORS

46 | HRC.ORG/SEI *Does not include the District of Columbia HRC.ORG/SEI | 47 SCORECARD | STATE ALABAMA HIGH PRIORITY TO ACHIEVE BASIC EQUALITY

PARENTING LAWS NON-DISCRIMINATION LAWS YOUTH LAWS HEALTH & SAFETY LAWS

Second Parent Adoption Employment Anti-Bullying Laws LGBTQ Non-Discrimination Protections in ACA Exchanges • Enumerated Categories in Law Surrogacy Laws Housing • Enumerated Model Policy Transgender Healthcare Coverage Public Accommodations Foster Care Non-Discrimination • Alternative Discipline • Ban on Insurance Exclusions for Trans Healthcare Foster Parent Training Required Education • Cyberbullying • Transgender Healthcare Inclusion Parental Presumption for Same-Sex Couples Adoption School Suicide Prevention Policies Required in State Medicaid • Trans Inclusive Health Benefits Foster Care Consent to Inseminate Transgender Inclusion in Sports for State Employees Insurance Name and Gender Marker Updates De Facto Parent Recognition Protection from Conversion Therapy on Identification Documents Credit Prohibition of Surrogacy Laws to Address LGBTQ Youth Homelessness • Driver's Licenses Jury Selection • Birth Certificates Laws Permitting Discrimination in LGBTQ Inclusive Sex Education Laws Adoption/Foster Placement Colleges & Universities LGBTQ Inclusive Juvenile Justice Policies Health Data Collection • BRFSS Non-Discrimination Policy for State Employees Inequality in Age of Consent for HATE CRIMES & • YRBSS Same-Sex Couples CRIMINAL JUSTICE LAWS Restrictions on Municipal Protections School Laws that Criminalize Youth All-Gender Single Occupancy Facilities Religious Exemptions in State Enumerated Hate Crimes Laws Non-Discrimination Laws Anti-Bullying Laws that Laws Prohibiting Transgender People from Prohibit Enumeration Receiving Appropriate ID Mandatory Reporting of Hate Crimes Statistics RELIGIOUS REFUSAL & Laws that Restrict Inclusion of Transgender Exclusions in State Elimination of Bias Rage or Panic Defense LGBTQ Topics in Schools Medicaid Coverage for Criminal Acts RELATIONSHIP RECOGNITION Prohibiting Profiling Based on Actual or Perceived LGBTQ Status by Law Enforcement State Religious Freedom Restoration Act ANNUAL PROGRESS Sodomy Laws Religious Exemptions for Professional Training/Practice GOOD BILLS INTRODUCED BAD BILLS INTRODUCED GOOD LAWS PASSED HIV/AIDS Criminalization Laws (CUMULATIVE) First Amendment Defense Act