Past Anti-LGBT Religious Exemption Legislation Across the Country
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 |
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 |