State Legislation on the LGBTQ+ Community

       In the first two entries in the Civic Issues blog series, I have discussed LGBTQ+ rights as established by the United States federal government including Congress and the Supreme Court. The second entry focused on comparing American laws with those in European countries. For the third and final civic issues blog entry, I will be putting a microscope on the states by explaining which states offer the most and the least protections for the LGBTQ+ community in the categories of education, employment, housing, healthcare, etc. The goal of my civic issues blog is to bring light to a significant issue in our country. There are Americans in the north, south, east and west that are not guaranteed equality. Individuals face discrimination on a daily basis from their landlords, their co-workers, their healthcare providers, their neighbors, and more. It is my hope that by increasing awareness of this public problem, more people will feel encouraged to advocate for change on behalf of their LGBTQ+ friends, neighbors, classmates, and fellow citizens. 

        To start, let’s address the states that are the most dangerous for members of the LGBTQ+ community. Southern states, according to a report from the Human Rights Campaign, fall extremely short on their ability to protect the LGBTQ+ community. Lack of legislative protections accompanied by religious objections have created unsafe living conditions for lesbian, gay, bisexual, transgender, and queer people. Not surprisingly, many of these states fall in a region known as the Bible belt.

       Alabama, Florida, Georgie, Kentucky, Mississippi, South Carolina, Tennessee, and Texas are consistently ranked as the states most hostile towards the LGBTQ+ community. Every year, the Human Rights Campaign provides a comprehensive report with state-by-state details regarding LGBTQ+ legislation. Each state receives a scorecard that summarizes what types of protections are given to the LGBTQ+ community as designated by the state and local governments. States are divided into four categories depending on the amount of equality they have secured. All of the aforementioned states are in the category “high priority to achieve basic equality,” meaning that the Bible belt is extremely far behind compared to other states. On the scorecard are the following policy areas: anti-conversion therapy, employment, hate crimes, public accomodations, transgender healthcare, education, gender marker updates on identification documents, housing, and school anti-bullying (Human Rights Campaign). 

       The next step is to evaluate the states based on these scorecards. Alabama received a poor scorecard; they do not have any legislation or policy on any of the above-mentioned topics, however, Alabama has a few anti-LGBTQ+ laws. The state of Alabama legally allows for discrimination in the adoption process, criminalization for the spread of HIV/AIDS, and restrictions on LGBTQ-related school topics. Similarly, Georgia, Kentucky, and Louisiana offer little protections against discrimination based on gender identity or sexual orientation. On their scorecards, however, Georgia, Kentucky, and Louisiana were recognized for laws against hate crimes committed on the basis of sexual orientation. This legislation is important, but it is only a baby step in the right direction. Of the Bible belt states, three issue marriage licenses for same sex couples: Mississippi, South Carolina, and Texas. Tennessee has enacted laws against hate crimes, and the state issues marriage licenses to same-sex couples. Florida is, based on current legislation, the most progressive state in the bible belt. In addition to bans on hate crimes and employment discrimination, Florida allows for updated gender markers on identification. While the sunshine state is moving in the right direction, it still has a long way to go before everyone is feeling the warmth. 

       Outside the South, there are many states that have made great strides forward on the path to full equality for the LGBTQ+ community. In election seasons, many of these states are referred to as blue states because of their mass support for the democratic party. States like California, Colorado, Connecticut, Massachusetts, New Jersey, and New York fall into the most progressive category on the equality scale which is “working toward innovative equality” (Human Rights Campaign). All of these states support equality in housing, employment, marriage, public accommodations, education, and healthcare; these states are tough on hate crimes, stand against conversion therapy practices, and are working to end school bullying based on gender identity or sexual orientation. Across all specific categories, California is the most progressive and has the most advanced legislation in place to ensure the equality of all individuals. Connecticut is still working to address LGBTQ+ homelessness. Massachusetts is working towards LGBTQ+ inclusive sex education. New Jersey is trying to establish gender inclusive facilities in public areas. The state of New York is heading towards implementing suicide prevention programs for LGBTQ+ youth. There is always room for improvement or for stronger, more inclusive legislation, however, these states, their governors, and their legislators are actively seeking improvements unlike Alabama and the rest of the stubborn Bible belt. 

       Before concluding this post, it is important to talk about Pennsylvania: the state where we all attend school and a state where many of us grew up. During the election season, Pennsylvania is a consistent campaign target. We are a swing state. While the governor is a democrat, Pennsylvania’s state legislature is controlled by republicans. Our status as a “purple” state means that we fall somewhere in between Alabama and California. Pennsylvania fully supports equality in housing, employment, public accommodations, and marriage. There are other areas where Pennsylvania is lacking. Our state does not have laws or policies addressing LGBTQ+ hate crimes, school bullying, equality in education, or conversion therapy. (Can you believe PA does not have any restrictions on conversion therapy???) It goes without saying that Pennsylvania certainly has a lot of room for improvement in their policies on equality. 

       Is this information surprising? Is this information shocking? Anti-LGBTQ+ policies in conservative, southern states is old news. Religion and long-held conservative beliefs are a large obstacle standing in the way of full equality. Although change in these states seems nearly impossible, creating change in purple and blue states seems on the horizon. 

       If you are interested in becoming involved with this issue, a great place to start is writing to your legislators. I will attach contact information for Pennsylvania’s senators. The Equality Act has reached the Senate and their votes will be important to its passage. 

Senator Pat Toomey: https://www.toomey.senate.gov/contact/email-senator-toomey

Senator Bob Casey:  https://www.casey.senate.gov/contact

Source 1: https://medium.com/we-know-what-we-know/agnostic-in-the-bible-belt-5b4a71ef7113

Source 2: https://www.hrc.org/resources/state-scorecards/p4