There are bills in state legislature across the country and in Congress that could allow religion to be used to discriminate against gay and transgender people in virtually all aspects of their lives. Whether a gay person wants to join a college student group, a transgender person seeks counseling services, or a lesbian couple tries to obtain a marriage license from a government employee or access basic medical care at some point in their lives, these 2016 bills would have opened the door to unequal treatment.
Learn More about Religious Exemptions and the use of religion to discriminate
VIEW LGBT NONDISCRIMINATION AND ANTI-LGBT BILLS FROM THE 2016 LEGISLATIVE SESSIONS
VIEW LGBT NONDISCRIMINATION AND ANTI-LGBT BILLS PENDING FOR THE 2019 LEGISLATIVE SESSIONS
Click on the links below to learn more about the kinds of previously introduced bills and their implications.
Years:
2016
Types of bills:
- Religious Freedom Restoration Acts
- Marriage-related Religious Exemption Laws
- Adoption & Foster Care
- College & University Student Groups
- Access to Health Services
- Other Exemption Bills
Religious Freedom Restoration Acts
Make it easier for people to demand exemptions to generally applicable laws, by allowing lawsuits challenging any governmental policy, such as nondiscrimination laws, that someone says substantially burden their religious beliefs. The government must prove that enforcing the policy is the least restrictive way of furthering a compelling governmental interest.
State
Bill Number
Status
CO
HB 1180
5/11/2016: Dead
GA
HB 29
3/24/2016: Dead
GA
HB 218
3/24/2016: Dead
GA
SB 129
3/24/2016: Dead
HI
HB 1160
5/5/2016: Dead
IN
SB 66
3/14/2016: Dead
IA
HF 2032
4/29/2016: Dead
IA
HF 2200
4/29/2016: Dead
IA
SF 2171
4/29/2016: Dead
ME
LD 1340
4/20/2016: Dead
MI
SB 4
12/31/2016: Dead
MS
SB 2093
4/24/2016: Dead
MS
SB 2822
4/24/2016: Dead
NC
HB 348/SB 550
7/1/2016: Dead
NM
HB 55
2/18/2016: Dead
OK
HB 1371
5/27/2016: Dead
OK
SB 440
5/27/2016: Dead
OK
SB 723
5/27/2016: Dead
OK
SB 898
5/27/2016: Dead
WV
HB 2508
3/15/2016: Dead
WV
HB 4012
3/15/2016: Dead
WV
SB 11
3/15/2016: Dead
Marriage-related Religious Exemption Laws
These bills allow different kinds of religiously based exemptions regarding marriage. Some of these bills apply to religious organizations, while others apply solely to commercial entities or government officials. While there are often variations in the individual bills, general descriptions are provided below. Some bills explicitly target same sex couples, and others would allow an exemption to act as to any marriage.
a. First Amendment Defense Acts
Allow anyone - including government employees, contractors, and for profit businesses – to act with impunity based on a religious or moral belief objection to marriage for same-sex couples, or to sexual relationships outside of a heterosexual marriage. This would open the door to unprecedented taxpayer-funded discrimination. For example, government employees, government contractors or grantees – including those providing important social services services like homeless shelters or drug treatment programs -- could discriminate against married same-sex couples and their families, single mothers, or anyone who has a sexual relationship outside of a marriage.
State
Bill Number
Status
GA
HB 757
3/28/2016: Vetoed by Governor
GA
SB 284
3/24/2016: Dead
HI
HB 2532
5/5/2016: Dead
IL
SB 2164
5/31/2016: Dead
OK
SB 440
5/27/2016: Dead
WA
HB 2631
3/29/2016: Dead
WY
HB 98
2/11/2016: Dead
Allow certain people authorized by the state, including magistrates, judges, and /or clerks, to refuse to perform marriages and/or issue marriage licenses.
State
Bill Number
Status
FL
HB 401
3/11/2016: Dead
KY
HB 17
4/15/2016: Dead
KY
HB 14
MN
SF 2158
5/23/2016: Dead
MS
HB 586
4/24/2016: Dead
MS
HB 1342
4/24/2016: Dead
SC
SB 116
6/15/2016: Dead
VA
SB 40
3/11/2016: Dead
c. Commercial Wedding Services
Allow businesses open to the public and individuals associated with such businesses to refuse to provide goods and services relating to marriage. Some of these bills are limited to allowing discrimination only against same-sex couples, while others would authorize discrimination against any kind of marriage to which a business owner might object.
State
Bill Number
Status
FL
HB 401
3/11/2016: Dead
GA
HB 756
3/24/2016: Dead
KY
SB 180
4/15/2016: Dead
MI
HB 4855
12/31/2016: Dead
MN
SF 2158
5/23/2016: Dead
MO
HJR 97/SJR 39
4/27/2016: Dead
NM
HB 55
2/18/2016: Dead
OH
HB 296
12/31/2016: Dead
Allow clergy, churches, and other religious organizations to refuse to perform marriages or provide wedding-related services to marriages to which they have religious objections.
State
Bill Number
Status
AK
HB 236/SB 120
6/19/2016: Dead
CO
HB 1123
5/11/2016: Dead
FL
HB 43/SB 110
3/10/2016: Became Law
GA
HB 757
3/28/2016: Vetoed by Governor
KY
HB 17
4/15/2016: Dead
KY
HB 28
LA
HB 597
6/23/2016: Dead
MD
HB 16
4/11/2016: Dead
MI
HB 4732
12/31/2016: Dead
MI
HB 4855
12/31/2016: Dead
MI
HB 4858
12/31/2016: Dead
MN
SF 2158
5/23/2016: Dead
MO
HJR 97/SJR 39
4/27/2016: Dead
MO
HB 2000
5/13/2016: Dead
MO
HB 2040
5/13/2016: Dead
MO
HB 2730
5/13/2016: Dead
MS
HB 587
4/24/2016: Dead
MS
HB 737
4/24/2016: Dead
NJ
AB 1706
12/31/2016: Dead
OH
HB 286
12/31/2016: Dead
OK
HB 1371
5/27/2016: Dead
OK
SB 811
5/27/2016: Dead
SC
H 4446
6/15/2016: Dead
SC
H 4508
6/15/2016: Dead
TN
HB 2375/SB 2329
4/22/2016: Dead
VA
SB 41
3/30/2016: Vetoed by Governor
e. Other Marriage Exemption Bills
State
Bill Number
Status
IN
HB 1041
3/14/2016: Dead
KY
HB 31
4/15/2016: Dead
MI
HB 4733
12/31/2016: Dead
MO
HB 2754
5/13/2016: Dead
OK
HB 1125
5/27/2016: Dead
OK
HB 1599
5/27/2016: Dead
OK
SB 478
5/27/2016: Dead
OK
HJR 1059
5/27/2016: Dead
OK
SB 973
5/27/2016: Dead
SC
H 3022
6/15/2016: Dead
SC
H 3150
6/15/2016: Dead
SC
H 4513
6/15/2016: Dead
Adoption and foster care agencies could refuse to provide any adoption services that would conflict with the sincerely held religious beliefs of the agency, regardless of the best interests of the children in their care.
State
Bill Number
Status
AL
HB 158/SB 204
5/4/2016: Dead
FL
HB 401
3/11/2016: Dead
NE
LB 975
4/20/2016: Dead
OK
HJR 1059
5/27/2016: Dead
OK
HB 2428
5/27/2016: Dead
Colleges & University Student Groups
Require public colleges and universities to give benefits, including access to funding and the use of facilities, to student organizations even if the organization discriminates based on their religious beliefs.
State
Bill Number
Status
CA
AB 1212
8/31/2016: Dead
KS
SB 175
3/23/2016: Became Law
SC
SB 210
6/15/2016: Dead
Legislation allows those with religious objections to undermine professional standards that apply equally to everyone. For instance, a high school guidance counselor could refuse to counsel a gay teenager, citing their sincerely held religious beliefs.
State
Bill Number
Status
AK
HB 325
6/19/2016: Dead
FL
HB 401
3/11/2016: Dead
OK
HJR 1059
5/27/2016: Dead
TN
HB 566/SB 397
4/22/2016: Dead
TN
HB 1840/SB 1556
4/27/2016: Became Law
State
Bill Number
Status
HI
HB 2181
5/5/2016: Dead
HI
HB 1337/SB 940
5/5/2016: Dead
HI
HB 2764
5/5/2016: Dead
IA
HF 2207/SF 2211
4/29/2016: Dead
IA
SF 2043
4/29/2016: Dead
IA
SF 2044
4/29/2016: Dead
MO
HJR 96
5/13/2016: Dead
MO
SB 916
5/13/2016: Dead
MS
HB 1523
4/5/2016: Became Law
OK
SB 1328
5/27/2016: Dead
OK
SB 1619
5/27/2016: Dead
SD
HB 1107
3/29/2016: Dead
VA
HB 773
3/11/2016: Dead
WA
HB 2752
3/29/2016: Dead