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Past Anti-LGBT Religious Exemption Legislation Across the Country

Document Date: June 17, 2015

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

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

b. Government Employees

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

4/15/2016: Dead

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

d. Pastor Protection Acts

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

4/15/2016: Dead

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 & 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

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

Access to Health Services

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

Other Exemption Bills

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

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