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State Equality Index 2020

The State Equality Index (SEI) is a comprehensive state-by-state report that provides a review of statewide laws and policies that affect LGBTQ people and their families.

The SEI rates all 50 states plus Washington, D.C. in six areas of law and assigns the states to one of four distinct categories.

Check your state's scorecard by texting SEI to 472472 from your mobile phone. (msg & data rates may apply. Text STOP to quit, HELP for info.)

2020 State Equality Index Full Report

State Scorecards

State Equality Index 2020

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**Alphonso David**, Human Rights Campaign Foundation, President

State Categories

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Prohibit discrimination against public employees based on sexual orientation only

1 State

Prohibit discrimination against public employees based on sexual orientation and gender identity

6 States

Prohibit discrimination based on sexual orientation only

1 State

Enforcement authorities are accepting complaints on the basis of sexual orientation and gender identity because the state has adopted the Bostock rationale into state law*

7 States

Prohibit discrimination based on sexual orientation and gender identity

22 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/employment?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

The Federal Equal Employment Opportunity Commission is currently accepting complaints of sexual orientation and gender identity discrimination in employment based on Title VII’s prohibition against sex discrimination.

*North Carolina's executive order enumerates sexual orientation and gender identity. However, this order has a bathroom carve out for transgender employees making the executive order not fully-inclusive.

*On June 15, 2020, the U.S. Supreme Court ruled in Bostock v. Clayton County, Georgia that sexual orientation and gender identity discrimination are prohibited under federal sex-based employment protections.

For more information on the Supreme Court of the United States' decision in the Bostock vs. Clayton County case, see What the Supreme Court Ruling in Bostock Means For State Legislative Efforts.

Updated March 22, 2021

Bans insurance exclusions for transgender healthcare only

4 States

Bans insurance exclusions for transgender healthcare and also has protections for transgender healthcare in state Medicaid

19 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/transgender-healthcare?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

Updated May 25, 2021

State Protects Youth From So-Called "Conversion Therapy"

20 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/anti-conversion-therapy?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

This map indicates states that protect LGBTQ youth from conversion therapy through licensing restrictions which prevent licensed mental health service professionals from conducting conversion therapy on youth under age 18.

*New York also protects youth from conversion therapy by the following regulatory action implemented on February 6, 2016:

NY State Department of Financial Services - regulations prohibiting insurance providers from covering conversion therapy on patients under the age of 18;

NY State Office of Mental Health - regulations prohibiting mental health providers licensed by this department from using conversion therapy on youth under the age of 18; and

NY State Department of Health - regulations declaring that conversion therapy is not covered by the New York State Medicaid plan since it is never medically necessary care.

Updated January 21, 2021

Allows agencies to discriminate against potential parents

5 States

Allows agencies to refuse to work with potential parents and children

1 State

Allows agencies to refuse to work with potential parents and children and allows agencies to deny children services to which the agency objects

Allows sweeping anti-LGBTQ discrimination that includes allowing agencies to refuse to work with potential parents and children and agencies can deny children services to which the agency objects, including refusing to allow transgender people access

3 States

Discrimination is allowed by private agencies which do not receive taxpayer funds

1 State

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<iframe src="https://www.hrc.org/resources/state-maps/discrimination-in-child-welfare-services?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

*Michigan was subject to a lawsuit that settled the law, and Michigan is no longer able to enforce these restrictions.

Updated January 21, 2021

Address discrimination against students based on sexual orientation only

2 States

Address discrimination against students based on sexual orientation and gender identity

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Increasingly, states are explicitly addressing discrimination against LGBTQ elementary and high school students. This map indicates state laws that prohibit discrimination against students in public education on the basis of sexual orientation or gender identity. The states that explicitly address discrimination against LGBTQ students are shown.

For more information on the Supreme Court of the United States' decision in the Bostock vs. Clayton County case, see What the Supreme Court Ruling in Bostock Means For State Legislative Efforts.

Updated January 21, 2021

Facilitate gender marker update on driver's licenses only

12 States

Facilitate gender marker update on birth certificates only

Facilitate gender marker update on both birth certificates and driver's licenses

23 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/gender-marker-updates-on-identification-documents?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

Updated January 21, 2021

Address hate or bias crimes based on sexual orientation only

12 States & DC

Address hate or bias crimes based on sexual orientation and gender identity

20 States

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<iframe src="https://www.hrc.org/resources/state-maps/hate-crimes?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

All but four states (Arkansas, Indiana, South Carolina and Wyoming) have laws addressing the scourge of hate crimes, but there is variation in the list of enumerated protected classes. The laws that address hate or bias crimes against LGBTQ people are as follows.

*Laws lacking LGBTQ inclusion: States that have a law that addresses hate or bias crimes based, but do not expressly address either sexual orientation or gender identity (15 states): Alabama, Alaska, Idaho, Michigan, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Utah (no categories listed), and West Virginia.

**Data Collection Only: Indiana (sexual orientation), Michigan (sexual orientation) and Rhode Island (gender identity).

Updated June 30, 2020

Prohibit discrimination based on sexual orientation only

1 State

Enforcement authorities are accepting complaints on the basis of sexual orientation and gender identity because the state has adopted the Bostock rationale into state law*

6 States

Prohibit discrimination based on sexual orientation and gender identity

21 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/housing?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

For more information on the Supreme Court of the United States' decision in the Bostock vs. Clayton County case, see What the Supreme Court Ruling in Bostock Means For State Legislative Efforts.

Updated February 11, 2021

Issue marriage licenses to same-sex couples

50 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/marriage-equality-other-relationship-recognition?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

Prohibit discrimination based on sexual orientation only

1 State

Enforcement authorities are accepting complaints on the basis of sexual orientation and gender identity because the state has adopted the Bostock rationale into state law*

4 States

Prohibit discrimination based on sexual orientation and gender identity

21 States & DC

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<iframe src="https://www.hrc.org/resources/state-maps/public-accommodations?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

Public accommodations refers to both governmental entities and private businesses that provide services to the general public such as restaurants, movie theaters, libraries and shops. It does not encompass private clubs that have a membership or dues process.

For more information on the Supreme Court of the United States' decision in the Bostock vs. Clayton County case, see What the Supreme Court Ruling in Bostock Means For State Legislative Efforts.

Updated February 11, 2021

Address harassment and/or bullying of students based on sexual orientation and gender identity

22 States & DC

Restrict the inclusion of LGBTQ topics in schools

6 States

Prevents school districts from specifically protecting LGBTQ students

2 States

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<iframe src="https://www.hrc.org/resources/state-maps/school-anti-bullying?embed=1" width="760" height="700" frameBorder="0" seamless="seamless" scrolling="auto"></iframe>

Many states explicitly address harassment and/or bullying of elementary and high school students, though not all are LGBTQ inclusive. These protections can be in the form of statutory law, regulation or ethical codes of conduct for teachers. The states that explicitly address these issues for LGBTQ students are as follows.

* Regulations and Ethical Codes of Conduct: States with school regulation or ethical code for teachers that addresses harassment and/or bullying of students based on sexual orientation (3 states): New Mexico (regulation), Pennsylvania (regulation) and Utah (code of ethics). States with school regulation or ethical code for teachers that addresses discrimination, harassment and/or bullying of students based on both sexual
orientation and gender identity (2 states): Hawaii (regulation) and West Virginia (regulation).

** Policies/No Categories: States that prohibit bullying in schools but list no categories of protection (25 states): Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, Wisconsin and Wyoming.

Please note that the quality of anti-bullying laws varies drastically from state to state. This map is only a reflection of the existence of such laws and policies.

Updated January 21, 2021

RELEATED READING

July 15, 2020 | Cathryn Oakley

What the Supreme Court Ruling in Bostock Means For State Legislative Efforts

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State Equality Index 2020

State Categories

RELEATED READING

What the Supreme Court Ruling in Bostock Means For State Legislative Efforts

Related Resources

State Scorecards

Your Elected Officials

Congressional Scorecard

Love conquers hate.

Wear your pride this year.

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State Categories

High Priority to Achieve Basic Equality

Building Equality

Solidifying Equality

Working Toward Innovative Equality

Maps

RELEATED READING

What the Supreme Court Ruling in Bostock Means For State Legislative Efforts

Related Resources

State Scorecards

Your Elected Officials

Congressional Scorecard

Love conquers hate.

Wear your pride this year.