Legislation Affecting LGBT Rights Across the Country

Updated every Monday

Lesbian, gay, bisexual, and transgender people in America face discrimination in their daily lives.  A majority of states allow discrimination in employment, housing, and public accommodations.  While there are more states every day that strive to pass laws to protect their citizens from discrimination, many legislatures sponsor bills that invoke religion, pre-empt local protections, and target transgender people to allow discrimination.

All people – including those who are gay or transgender– should be treated fairly and equally by the laws of their state, and should have the opportunity to earn a living, access housing, and participate fully in society.  

LEARN MORE ABOUT RELIGIOUS EXEMPTIONS AND THE USE OF RELIGION TO DISCRIMINATE

*Note: Bills are reported as Active below if they were introduced in their states' 2017 legislative sessions and have carried over to 2018. The status date indicates the convening of the state's 2018 session or the most currently active on a particular bill. 

Affirmative Nondiscrimination Bills

a.     Comprehensive Protection

Comprehensive nondiscrimination bills prohibit discrimination based on both sexual orientation and gender identity (or only gender identity if state law already covers sexual orientation), in a range of contexts, including employment, housing, and public accommodations.  Comprehensive bills do not have overly broad religious exemptions or other carve-outs that allow discrimination against LGBT people.

State

    

Bill Number

    

Status

AZ   HB 2462   1/25/2018: Second reading 
AZ   HB 2586   2/7/2018: Second reading
FL   HB 347  

1/9/2018: First reading

FL   SB 66    1/9/2018: Introduced
ID   H 408   1/26/2018: Referred to committee
IN   SB 285   1/4/2018: First reading: referred to committee
MI   HB 4689   1/10/2018: Introduced 
MI   SB 424   1/10/2018: Referred to committee
MO   HB 1360   1/4/2018: Second reading
MO   HB 2311   1/31/2018: Second reading
MO   SB 753   1/16/2018: Second reading; referred to committee
MS   HB 545   1/30/2018: Died in committee
MS   SB 2933   1/30/2018: Died in committee
NC   H 906   4/26/2018: Referred to committee
NH   HB 1319   2/17/2018: Hearing: 2/13/18
NY    SB 7010   1/3/2018: Referred to committee
PA   HB 1410   1/2/2018: Resolution to discharge committee from further consideration of this bill presented
PA   SB 613   1/2/2018: Referred to committee
VA   HB 401   2/8/2018: Subcommittee recommends laying on table
WI   AB 418   1/16/2018: Referred to committee
WI   SB 328   1/16/2018: Referred to committee
WV   HB 4319   1/26/2018: Referred to committee
WV   SB 471   2/2/2018: Referred to committee

b.    Incomplete Protection

Incomplete nondiscrimination bills include those that lack gender identity protections, those that do not prevent discrimination in all key contexts, and those that contain broad religious exemptions language or carve-outs, including for sex-segregated facilities.

State   Bill Number   Status
AZ   HB 2437   1/22/2018: Second reading 
HI   HB 2139   2/9/2018: Hearing: 2/13/2018
HI   HB 2524   2/8/2018: Passed second reading as amended
HI   SB 2353   1/31/2018: Deferred until 2/12/18
HI   SB 2633   1/24/2018: Referred to committee
KY   HB 195   1/18/2018: Referred to committee
MO   HB 1782   1/4/2018: Read second time
MO   HB 2100   1/16/2018: Read second time
MO   HB 2253   1/25/2018: Second reading
MS   HB 596   1/30/2018: Died in committee
MS   HB 597   1/30/2018: Died in committee
MS   SB 2489   1/30/2018: Died in committee
MS   SB 2829   1/30/2018: Died in committee
UT   HB 283   1/31/2018: First reading
VA   HB 971   2/8/2018: Subcommittee recommends laying on table
VA   HB 1089    1/25/2018: Subcommittee recommends passing by indefinitely
VA     HB 1466    2/6/2018: Subcommittee recommends passing by indefinitely
VA   HB 1547   2/8/2018: Subcommittee recommends laying on the table
VA   SB 202   2/8/2018: Subcommittee recommends laying on the table
VA   SB 423   2/8/2018: Subcommittee recommends laying on the table
WV   HB 2623   1/10/2018: Referred to committee
WV   HB 2670   1/10/2018: Referred to committee
WV   SB 99   1/10/2018: Referred to committee

Harmful anti-LGBT Bills:

Anti-Transgender Bills

These measures target transgender people for discrimination, such as by barring access to or even criminalizing the use of appropriate facilities, including restrooms, restricting transgender students’ ability to fully participate in school, authorizing healthcare discrimination against trans people, allowing religiously-motivated discrimination against trans people, or making it more difficult for trans people to get identification documents with their name and gender. 

a.     Single-Sex Facility Restrictions

State

    

Bill Number

    

Status

IA   HF 2164   1/31/2018: Referred to committee
KY   HB 326   2/9/2018: Referred to committee
MO   SB 690   1/10/2018: Second read and referred to committee
OK   SB 1223   2/5/2018: First reading
SD   HB 1296   2/12/2018: Hearing: 2/12/18
SD   SB 202   2/1/2018: First reading
TN   HB 2620   2/7/2018: Passed second consideration, referred to committee
TN   SB 2480   2/5/2018: Passed second consideration, referred to committee

b.      FADA and Other Religious Exemptions

State

 

Bill Number

 

Status

c.       Identification Documents

State

 

Bill Number

 

Status

d.     Health Care

State

   

Bill Number

   

Status

NH

  HB 1560  

1/10/2018: Hearing: 1/23/2018

NH   SB 331   12/22/2017: Hearing 1/9/2018
PA   HB 1933   11/27/2017: Removed from table

e.      Other

State

  

Bill Number

  

Status

IN   SB 65   2/6/2018: First reading, referred to committee
SD   SB 160   1/25/2018: Referred to committee

Religious Exemption Bills

a.     Religious Freedom Restoration Acts (RFRAs)

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 burdens 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

IA   SF 2154   2/8/2018: Referred to subcommittee
WV   SB 93    1/10/2018: Referred to committee

b.    First Amendment Defense Acts (FADAs)

Allow anyone - including government employees, contractors, and for profit businesses – to act with impunity based on religious beliefs or moral convictions regarding marriage for same-sex couples, sexual activity outside of heterosexual marriage, and transgender people.  This would open the door to unprecedented taxpayer-funded discrimination.  For example, government employees, government contractors or grantees – including those providing important social 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

CO   HB 1206   2/5/2018: Introduced, referred to committee
OK   SB 1250   2/6/2018: Second reading

c.    Health Care Access

Would allow 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

d.   Adoption & Foster Care

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

GA   SB 375   2/1/2018: Referred to committee
KS   HB 2687   2/7/2018: Referred to committee
KS   SB 401   2/8/2018: Referred to committee
OK   HB 3486   2/6/2018: Second reading, referred to committee

e.     Marriage-Related Exemptions

These bills create different types of religiously based exemptions regarding marriage.  Some of these bills apply to religious organizations, while others authorize discrimination by commercial entities or government officials.  Some bills explicitly target same sex couples and others would allow discrimination based on beliefs about any marriage.

State

    

Bill Number

    

Status

MO   HB 1763   1/4/2018: Read second time
WV   HB 4010   1/12/2018: Referred to committee

f.   Schools and Student Organizations

These bills would require public universities and schools to allow discrimination by providing funding to student groups that exclude members because of their sexual orientation or gender identity.

State   Bill Status   Status
GA   SB 361   1/30/2018: Referred to committee
MO   HB 2074   1/17/2018: Referred to committee

g.  Other

State

    

Bill Number

    

Status

Bills Pre-Empting Local Protections

These bills prevent cities and other local government entities from passing nondiscrimination protections that are more expansive than the protections offered at the state level, including protections for LGBT people.   

State

    

Bill Number

    

Status

FL   HB 871   1/9/2018: First reading

Other Anti-LGBT Bills

State

   

Bill Number

   

Status

MO   HB 1434   1/4/2018: Read second time
OK   HB 3454   2/6/2018: Second reading, referred to committee
TN   HB 892   1/17/2018: Hearing removed from calendar

 

 

 

 

 

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