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.