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
- Affirmative Nondiscrimination Bills
- Harmful anti-LGBT Bills
*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
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: Session ended
AZ
HB 2586
2/7/2018: Session ended
FL
HB 347
3/10/2018: Dead
FL
SB 66
3/10/2018: Dead
GA
HB 987
2/23/2018: Session ended
ID
H 408
1/26/2018: Session ended
IN
SB 285
1/4/2018: Session ended
MI
HB 4689
6/6/2017: Introduced 5/31/17; electronically reproduced
MI
SB 424
5/31/2017: Referred to committee (S)
MO
HB 1360
1/4/2018: Second reading (H)
MO
HB 2311
1/31/2018: Second reading (H)
MO
SB 753
1/16/2018: Second reading; referred to committee (S)
MS
HB 545
1/30/2018: Dead
MS
SB 2933
1/30/2018: Dead
NC
H 906
4/26/2017: Referred to committee (H)
NH
HB 1319
6/13/2018: Signed by Governor
NY
SB 7010
3/19/2018: Notice of committee consideration – requested (S)
PA
HB 1410
12/12/2017: Resolution to discharge committee from further consideration of this bill presented
PA
SB 613
4/24/2018: (Remarks see Senate Journal Page …) (S)
VA
HB 401
2/13/2018: Left in committee (H)
WI
AB 418
3/28/2018: Failed to pass pursuant to Senate Joint Resolution (H)
WI
SB 328
3/28/2018: Failed to pass pursuant to Senate Joint Resolution (S)
WV
HB 4319
1/26/2018: Session ended
WV
SB 471
2/2/2018: Session ended
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
1/25/2018: Session ended
HI
HB 2139
3/12/2018: Session ended
HI
HB 2524
2/16/2018: Session ended
HI
SB 2353
2/16/2018: Session ended
HI
SB 2633
1/24/2018: Session ended
KY
SB 190
2/22/2018: Session ended
KY
HB 195
1/18/2018: Session ended
LA
SB 219
3/26/2018: Read by title; returned to calendar (S)
LA
SB 228
3/12/2018: Second reading, referred to committee (S)
MO
HB 1782
1/4/2018: Read second time (H)
MO
HB 2100
1/16/2018: Read second time (H)
MO
HB 2253
2/27/2018: Withdrawn (H)
MO
SB 1022
3/27/2018: Hearing cancelled, still in committee (S)
MS
HB 596
1/30/2018: Dead
MS
HB 597
1/30/2018: Dead
MS
SB 2489
1/30/2018: Dead
MS
SB 2829
1/30/2018: Dead
VA
HB 971
2/13/2018: Left in committee (H)
VA
HB 1089
2/13/2018: Left in committee (H)
VA
HB 1466
2/13/2018: Left in committee (H)
VA
HB 1547
2/13/2018: Left in committee (H)
VA
SB 202
3/6/2018: Left in committee (H)
VA
SB 423
3/6/2018: Left in committee (H)
WV
HB 2623
1/10/2018: Session ended
WV
HB 2670
1/10/2018: Session ended
WV
SB 99
1/10/2018: Session ended
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: Session ended
IA
SF 2296
2/19/2018: Session ended
KY
HB 326
2/9/2018: Session ended
MO
SB 690
1/10/2018: Second read and referred to committee (S)
OK
SB 1223
2/6/2018: Second reading; referred to committee (S)
SD
HB 1296
2/12/2018: Session ended
SD
SB 202
2/14/2018: Session ended
TN
HB 2620
4/9/2018: Session ended
TN
SB 2480
4/3/2018: Session ended
b. FADA and Other Religious Exemptions
State
Bill Number
Status
CO
HB 1206
3/27/2018: Session ended
KY
HB 372
3/22/2018: Session ended
OK
SB 1250
2/6/2018: Second reading, referred to committee (S)
State
Bill Number
Status
d. Health Care
State
Bill Number
Status
NH
HB 1532
3/7/2018: Inexpedient to Legislate (H)
NH
HB 1560
3/7/2018: Inexpedient to Legislate (H)
NH
SB 331
3/15/2018: Laid on table; no pending motion (S)
PA
HB 1933
3/14/2018: Removed from table (H)
e. Other
State
Bill Number
Status
IN
SB 65
3/21/2018: Signed by Governor, Public Law 154 (S)
SD
SB 160
2/15/2018: Session ended
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: Session ended
WV
SB 93
1/10/2018: Session ended
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
KY
HB 372
3/22/2018: Session ended
OK
SB 1250
2/6/2018: Second reading, referred to committee
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
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
CO
HB 1206
3/27/2018: Session ended
CO
SB 241
5/1/2018: Session ended
GA
SB 375
2/28/2018: Session ended
KS
HB 2481
4/2/2018: Session ended
KS
HB 2687
3/16/2018: Dead
KS
SB 401
3/16/2018: Dead
OK
HB 1507
2/5/2018: Referred to committee (H)
OK
HB 3483
2/6/2018: Second reading, referred to committee
OK
HB 3486
2/6/2018: Second reading (H), referred to committee
OK
SB 1140
5/11/2018: Signed by Governor
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: Second reading (H)
OK
SB 197
2/21/2017: Committee reported Pass as amended (S)
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
HB 922
2/15/2018: Session ended
GA
SB 361
1/30/2018: Session ended
KY
SB 237
3/16/2018: Session ended
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
3/10/2018: Dead
WI
SB 634
3/29/2018: Failed to pass pursuant to Senate Joint Resolution (S)
State
Bill Number
Status
MO
HB 1434
5/19/2018: Referred to committee (H)
OK
HB 3454
2/6/2018: Second reading, referred to committee (H)
SC
H 4949
2/15/2018: Referred to committee (H)
TN
HB 892
1/17/2018: Session ended
WY
HB 167
2/16/2018: Session ended
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