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Report
2023 State Equality Index
A Review of State Legislation Affecting the Lesbian, Gay, Bisexual, Transgender and Queer Community and a Look Ahead in 2024.
Published by the HRC Foundation in 2024
2023 State Equality Index
Table of Contents
Dear Friends,
The Human Rights Campaign Foundation is proud to announce the latest iteration of the State Equality Index (SEI). The SEI offers a crucial snapshot of the policies, laws, and services that impact LGBTQ+ individuals across the nation.
This year's SEI reveals a complex and varied landscape of LGBTQ+ equality, shaped by the legislative actions taken by states. It highlights both progress and setbacks for the LGBTQ+ community. One concerning trend is the targeted focus of anti-equality legislators on LGBTQ+ youth, particularly transgender and non-binary youth. A significant number of bills have been introduced that aim to restrict their rights and access to vital services. In fact, these anti-LGBTQ+ bills accounted for more than half of all anti-equality bills filed in state legislatures this year alone. This represents a distressing increase compared to previous years.
The SEI also sheds light on the growing number of anti-LGBTQ+ health and safety bills. The total has nearly quadrupled, reflecting a worrisome trend of measures that aim to limit the healthcare options and rights of LGBTQ+ individuals. These bills have significant implications for transgender individuals, as they often target their access to medically necessary care and restrict their ability to update their official documentation.
Despite these challenges, it is important to acknowledge the victories and progress made in certain states. The number of pro-equality bills enacted has more than doubled, demonstrating that there are legislators committed to protecting and advancing LGBTQ+ rights. Michigan took significant steps to ensure non-discrimination protections on the basis of sexual orientation and gender identity in areas such as employment, housing, public accommodations, education, credit, and jury selection by amending the Elliot Larsen Civil Rights Act . Moreover, there have been efforts to eliminate the "LGBTQ+ Panic Defense" in criminal cases, providing greater justice and fairness for the LGBTQ+ community.
The SEI also assesses the landscape of laws affecting transgender youth. It highlights the existence of bans on transgender youth participating in sports and restrictions on their access to best-practice, medically-necessary healthcare. Additionally, it examines laws that limit the discussion or inclusion of LGBTQ+ topics in the classroom, which can have a detrimental impact on LGBTQ+ students' well-being and education.
In light of these findings, it is clear that there is both progress to celebrate and work to be done. We must continue our unwavering efforts to protect and advance LGBTQ+ equality, advocating for inclusive policies and challenging discriminatory legislation. Together, we can ensure that every LGBTQ+ individual in every state is afforded the same rights, protections, and opportunities as their fellow citizens.
Thank you for your steadfast support and commitment to LGBTQ+ equality. Together, we will make a difference.
With gratitude and determination,
Kelley Robinson , President , Human Rights Campaign
Dear Readers,
The greatest opportunities for victories to improve the lives of LGBTQ+ people are in the states—where the work is hard, but the impact is great. As the national partner dedicated to building power in our network of state-based LGBTQ+ advocacy organizations, Equality Federation Institute knows this well. We are proud to partner with HRC on the State Equality Index at this critical time for LGBTQ+ rights nationwide. The State Equality Index showcases the ongoing journey of advocates across the states, sharing their victories and challenges in achieving legal protections for our community.
In recent years, the state legislative landscape for LGBTQ+ rights, particularly those of transgender individuals, has been met with challenges unparalleled in modern history. The 2023 legislative session was no different; it marked one of the most daunting periods for transgender rights, requiring effective strategies and relentless advocacy from folks on the ground. Yet, it is in the stories of relentlessness, of communities showing up in the hundreds to testify in favor of protecting their trans neighbors, where we witness the real victories.
From banning transgender young people from accessing medically necessary care or participating in sports to prohibiting the discussion of LGBTQ+ people in schools, anti-equality opponents continued their crusade against transgender and nonbinary young people in 2023. In fact, we saw more than double the number of anti-LGBTQ+ bills pass than the previous year. But thanks to the incredible work of advocates organizing their communities and telling our stories, more than 87% of all anti-LGBTQ+ bills introduced failed to pass.
Despite the challenges of the most discriminatory legislative session on record, the LGBTQ+ community celebrated significant victories. The number of bills advancing LGBTQ+ protections more than doubled, with 50 such bills successfully enacted. Notably, advocates and leaders in Michigan organized decision-makers to amend the Elliot Larsen Civil Rights Act to explicitly protect against discrimination based on sexual orientation and gender identity. Minnesota also took a positive step by implementing a ban on the harmful practice of so-called "conversion therapy,” as well as joining other states and cities in enacting legislation designed to safeguard transgender and nonbinary youth and their families who travel to these places seeking gender-affirming care.
The lives and identities of LGBTQ+ individuals are multifaceted. While no single law can address every aspect of our lives, certain legislative efforts contribute to the broader work aimed at achieving full, lived equality. I am grateful to the state and local advocates who persistently urge lawmakers to enact HIV modernization laws, nondiscrimination protections, and laws that expand access to medical care for everyone. We all deserve the safety to thrive, and with each bill introduction, vote changed in our favor, and story told, a positive step is taken on our path to liberation.
As states prepare for another trying legislative session, I hope we continue to celebrate the small victories along the way. Queer and transgender people have always been here and will always be here. Even during the times when the work is especially hard, may we all recognize our collective power and humanity. The State Equality Index is a tool that helps us measure one benchmark of progress—let us continue to use it to hold lawmakers accountable for the necessary steps to protect the entire LGBTQ+ community.
In Solidarity,
Fran Hutchins , Executive Director , Equality Federation Institute
In 2023, the LGBTQ+ movement saw continued momentum on good bills. This map shows the states that passed laws pertaining to LGBTQ+ equality in their respective SEI categories this year.
Good vs Bad Legislation in 2023
Good Bills
In 2023, 253 pro-equality bills were introduced in state legislatures around the country. 50 were signed into law.
Bad Bills
In 2023, 571 anti-equality bills were introduced in state legislatures around the country. 77 were signed into law.
Key state law and policy developments in 2023
Following an unprecedented state legislative session in 2023, the Human Rights Campaign officially declared a state of emergency for LGBTQ+ people in the United States for the first time ever. Despite the increasing number of anti-LGBTQ+ bills in recent history, 2023 far exceeded expectations, more than doubling last year’s record-breaking number of anti-LGBTQ+ bills passed into law. Over 75 anti-LGBTQ+ bills were signed into law in 2023, impacting key areas of life.
Once again, anti-equality legislators focused much of their discriminatory efforts on LGBTQ+ youth, with a laser focus on transgender and non-binary youth. With [290] bills introduced, anti-LGBTQ+ youth-related bills made up more than half of all anti-equality bills filed in state legislatures this year alone. Furthermore, the number of anti-LGBTQ+ health and safety bills nearly quadrupled, from 49 bills in 2022 to [195] bills introduced.
State legislators had several pressing issues to grapple with in 2023 with an increasingly tumultuous economy and a dizzying patchwork of reproductive state laws following the unprecedented decision in Dobbs v. Jackson Women’s Health Organization (2022). However, anti-equality state legislators continued to press on with their legislative assaults against the LGBTQ+ community. This year, [134] gender-affirming care ban bills were introduced nationwide and [21] were enacted, effectively eliminating access for youth to age-appropriate, medically-necessary health care backed by decades of research and supported by every major medical association. More than 30 states introduced gender affirming care bans during the 2023 legislative session, meaning that at its height, half of all transgender youth in the U.S. were at risk of losing access to gender-affirming care. In some states, laws have made it substantially more difficult for adults to access care as well, particularly through bans on public funds going to provide this best practice healthcare.
Anti-LGBTQ+ legislation also included bills undermining the inclusion of LGBTQ+ topics and support systems in schools. [195] education-related bills were filed, accounting for a third of all anti-LGBTQ+ bills introduced in 2023. [21] of these bills, including curriculum censorship, “Don’t Say LGBTQ+,” intentional misgendering, and forcible outing, were enacted.
In the midst of the most damaging and discriminatory legislative session on record, there were important victories for the LGBTQ+ community too. The number of pro-equality bills passed more than doubled, with 50 pro-equality bills enacted. In Michigan, the Elliot Larsen Civil Rights Act—the state’s powerful non-discrimination law—was amended to include express protections from discrimination on the basis of sexual orientation and gender identity. In Minnesota, a ban on the abusive and discredited practice of so-called “conversion therapy” was adopted. Other laws extending important protections to transgender people, including in health care, were also adopted.
All in all, [571] anti-LGBTQ+ bills were filed in the 2023 state legislative session. [77] became law. While pro-equality forces were able to defeat a majority of the anti-LGBTQ+ legislation introduced in state legislatures, every bad law enacted irreparably changes the course of real people’s lives for the worse and the work continues.
Comparative Legislation at a Glance
Overall
Parenting Laws
Religious Refusal & Relationship Recognition
Non-Discrimination Laws
Youth Laws
Health & Safety
Hate Crimes & Criminal Justice
Outlook for 2024
2023 was a punishing legislative session, hitting new highs of anti-LGBTQ+ bills introduced and a devastating 77 bills passed into law. It is hard to overstate how serious this moment is for the LGBTQ+ youth, their families, and LGBTQ+ adults who are now reckoning with impossible questions, such as whether it is better to leave home to find a better life in a different part of the U.S., or whether it is better to stay in a community where your family is rooted but your rights are eroded by the day. That’s why, for the first time in our history, HRC declared a state of emergency in June of this year.
It is an emergency: even in states where the laws for LGBTQ+ are good and getting better, demand for gender-affirming care is increasing as folks from other states are forced to leave home in order to receive the healthcare that allows them to live and thrive. States who have justified bans on transgender healthcare by spreading misinformation about youth have also taken steps to make it more challenging for adults to receive care, including by reducing the types of providers who are able to provide gender affirming care or prohibiting Medicaid from providing coverage for health services for transgender adults. States are trying to rewrite laws to exclude LGBTQ+ people from sex-based protections, and they are continuing to try to erase LGBTQ+ people from history, from the classroom, from artistic performance, and from sport.
That onslaught continues into 2024, which even so early in the year is shaping up to be another for the record books. What’s old is new again, and bills in the style of North Carolina’s reviled 2016 law, known as HB2, are making a comeback. These bills would prevent transgender people from being able to use restrooms consistent with their gender identity in public libraries, in the airport, in the stadium, in public schools or in public universities as well as in rest stops, the state legislature, city or county properties or any other taxpayer-supported space. Slightly more narrow bills banning transgender youth from being able to use the restroom at school are proliferating madly across the country, and are currently on track to be the most prevalent type of legislation this year.
Perhaps its closest rival at this early date is legislation that is aimed at educators—where state legislatures dictate to schools what subjects they can teach, what books must be censored, how they should run student clubs and student sports, and even by what names teachers may address their students. Bills defining people’s sex around biological terms so divorced from the way in which people commonly think about being male or female (“slow moving gametes”) continue to try to cleave protections for LGBTQ+ people out of sex stereotyping law. Opponents of equality also continue to insist that overt anti-LGBTQ discrimination is justifiable with an assertion of religious belief—and some bills would make it defamation to even call discrimination what it truly is.
Opponents of equality don’t want the world to see what they’re doing—and they certainly don’t want it to be named discrimination. That is, nonetheless, what it is. And yet a year filled with heartache was also a year in which a multi-decade effort to include LGBTQ+ protections in Michigan’s non-discrimination law finally triumphed. 50 pro-equality bills passed this year. Progress is not linear, and setbacks are as common as they are devastating. And yet, we fight on—we fight on knowing that history, popular opinion, and justice are on our side.
Scorecard Criteria
Every child deserves a loving home and every family should be able to recognize familial relationships free from discrimination on the basis of sexual orientation or gender identity.
This category evaluates state laws, policies, or court cases that allow for the creation and recognition of family units or that affect the ability of LGBTQ+ families to adopt and provide legal recognition for their families.
Some states make it challenging for LGBTQ+ individuals or same-sex couples to serve as adoptive or foster parents, and many tax-payer funded child welfare agencies still discriminate against qualified, licensed LGBTQ+ foster and adoptive families. When LGBTQ+ families are denied the ability to foster and adopt children, children are denied the right to safe, happy and healthy permanent homes.
Note that not all states allow for each of the family creation legal mechanisms detailed in this category. It is also important to note that family law can differ widely between jurisdictions, and items in the category may not reflect variances in family law issues between different counties within a state. Unless there is a specific statewide law or ruling, it is likely that LGBTQ+ individuals and same-sex couples experiences differ based upon individual judges.
a. Positive Laws & Policies
SECOND-PARENT ADOPTION
This item indicates state laws or court decisions that allow a second parent of the same sex to petition to adopt their partner’s children, regardless of whether they are in a legally recognized relationship.
SURROGACY LAWS
This item indicates state laws that explicitly allow for gestational surrogacy but do not exclude LGBTQ+ people or privilege married partners. Gestational surrogacy is a surrogacy arrangement where the surrogate has no genetic relation to the child.
FOSTER CARE NON-DISCRIMINATION
This item indicates state laws or administrative policies that prohibit discrimination against LGBTQ+ people in the placement of foster youth.
FOSTER PARENT TRAINING REQUIRED
This item indicates state laws or agency regulations that require prospective foster parents to receive training regarding LGBTQ+ youth in areas such as cultural competency and legal requirements.
PARENTAL PRESUMPTION FOR SAME-SEX COUPLES
This item indicates that the state, through statewide court rulings, statutes or agency guidance, presumes that a parental relationship exists for both parents in a same-sex marriage with regard to any children born of that marriage.
CONSENT TO INSEMINATE
This item indicates state laws that specifically allow unmarried same-sex couples to create parentage for both parents for an intended child by formally consenting to insemination of one of the parents.
DE FACTO PARENT RECOGNITION
This item indicates a limited recognition of de facto parents as a basis for visitation or custody, generally through court cases. De facto parents are individuals who serve in the role of a parent, but have no legally recognized tie to the child.
b. Negative Laws & Policies
PROHIBITION OF SURROGACY
This item indicates state laws that explicitly prohibit gestational surrogacy contracts. Gestational surrogacy is a surrogacy arrangement where the surrogate has no genetic relation to the child.
LAWS PERMITTING DISCRIMINATION IN FOSTER OR ADOPTION PLACEMENT
This item indicates state laws that allow for discrimination in the placement of foster youth with LGBTQ+ families or adoption by LGBTQ+ families. This is generally done by creating a “conscious” exception for foster or adoption placement agencies, allowing them to discriminate on the basis of their religion against LGBTQ+ families.
All loving and committed couples deserve equal respect and legal recognition. Support for marriage equality for same-sex couples has grown steadily, and after the Obergefell ruling by the U.S. Supreme Court, every state is obligated to recognize the marriages of same-sex partners.
The Respect for Marriage Act (RMA), a federal law passed in 2022, repeals the Defense of Marriage Act and requires states to recognize valid marriages from other states. Between the RMA and the Obergefell ruling, marriage equality is settled law. However, several states have continued to introduce bills that would attempt to limit recognition of same-sex marriages or allow state officials to refuse to provide licenses or other services for same-sex couples.
STATE RELIGIOUS FREEDOM RESTORATION ACTS
This item indicates state laws that purport to preserve “religious freedom”, but which may in fact undermine state non-discrimination protections. Their laws generally fall within one of two categories: the so-called “religious freedom restoration acts”, and the laws that specifically allow marriage-service providers to discriminate on the basis of their religion. State laws that explicitly make clear that civil rights protections are not subject to religious refusal will not fall in this category.
RELIGIOUS EXEMPTIONS FOR PROFESSIONAL TRAINING OR PRACTICE
This item indicates state laws that specifically prevent public institutions of higher education or state professional licensing boards from disciplining students or professionals for failing to meet their professional standards of conduct (generally relating to non-discrimination) on the basis of their personal religious beliefs.
FIRST AMENDMENT DEFENSE ACT
This item indicates state laws that purport to protect religious expression but actually grant a right to discriminate. These laws protect people working at a public agency, or a private individual or agency that receives funds, licensing, or other recognition from the state, from losing any of those benefits as a result of discriminatory action that is based on an individual’s sexual orientation or gender identity.
It should not be legal to deny someone the right to work, rent a home, receive an education, or be served in a place of public accommodation because of their sexual orientation or gender identity.
Recognizing that LGBTQ+ people should be free of discrimination in all areas of life, this publication takes a comprehensive view of non-discrimination laws & policies by looking at areas where not every state provides protections. This category evaluates whether discrimination on the basis of sexual orientation and gender identity is explicitly prohibited through statewide laws or policies in a host of areas, including employment, housing, education, and public accommodations. In some states, the protections outlined in a specific area do not exist for any characteristic—including race, sex, or disability.
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. Nevertheless, it is imperative that states continue enacting explicitly LGBTQ+-inclusive comprehensive non-discrimination laws since it will likely take additional litigation and/ or state actions for Bostock to be fully applied to all sex-based protections under existing federal civil rights law. Moreover, federal law currently lacks sex-based protections in numerous key areas of life, including public spaces and services. Lastly, there are many invaluable benefits to enacting inclusive protections even when they exist on higher levels of government. For these reasons, the SEI will continue to only award credit for state non-discrimination laws that expressly include sexual orientation and gender identity. Credit may be awarded on the state level if a state has definitively applied Bostock’s reasoning to include LGBTQ+ people under state sex non-discrimination protections.
For each item in this category, it is noted whether the law or policy provides non-discrimination protection on the basis of sexual orientation, gender identity or both.
a. Positive Laws & Policies
EMPLOYMENT
This item indicates state laws that prohibit discrimination in private employment on the basis of sexual orientation or gender identity.
HOUSING
This item indicates state laws that prohibit discrimination in rental or purchase of housing on the basis of sexual orientation or gender identity.
PUBLIC ACCOMMODATIONS
This item indicates state laws that prohibit discrimination in public accommodations on the basis of sexual orientation or gender identity.
Public accommodations are generally defined as entities, both public and private, that are used by the public. Examples may include retail stores, rental establishments, and service establishments, as well as educational institutions or recreation facilities. The types of entities that fall into this category vary widely and are based on state law.
EDUCATION
This item indicates state laws that prohibit discrimination against students in public education on the basis of sexual orientation or gender identity.
ADOPTION
This item indicates state laws or administrative policies that protect youth involved in the adoption system from discrimination on the basis of sexual orientation or gender identity.
FOSTER CARE
This item indicates state laws or administrative policies that protect youth involved in the foster care system from discrimination on the basis of sexual orientation or gender identity.
INSURANCE
This item indicates state laws or administrative policies that prohibit discrimination in at least some forms of insurance on the basis of sexual orientation or gender identity.
CREDIT
This item indicates state laws or administrative policies that prohibit discrimination in the granting of credit, establishment of loans or other elements of banking on the basis of sexual orientation or gender identity.
JURY SELECTION
This item indicates state laws, administrative policies, or court decisions that prohibit discrimination in jury selection on the basis of sexual orientation or gender identity.
COLLEGES AND UNIVERSITIES
This item indicates state laws or state university system policies that prohibit discrimination in admission and access to campus services and facilities on the basis of sexual orientation or gender identity.
NON-DISCRIMINATION POLICY FOR STATE EMPLOYEES
This item indicates state laws or administrative policies that prohibit discrimination against state employees on the basis of sexual orientation or gender identity.
b. Negative Laws & Policies
RESTRICTIONS ON MUNICIPAL PROTECTIONS
This item indicates state laws that prevent municipalities in a state from passing non-discrimination ordinances that would protect categories broader than those protected by state law, generally leaving out sexual orientation and gender identity.
This is different from states that have adopted “Dillon’s Rule”, which also limits municipal power but does so without a discriminatory intent.
BROAD RELIGIOUS EXEMPTIONS IN STATE NON-DISCRIMINATION LAWS THAT SINGLE OUT SEXUAL ORIENTATION AND/OR GENDER IDENTITY
This criterion indicates state non-discrimination laws that have religious exemptions singling out sexual orientation and/or gender identity from other protected classes.
No one should be at risk of violence, targeted by criminal laws, or profiled by law enforcement because of their sexual orientation, gender identity or HIV status.
This category evaluates state criminal laws to determine whether they equally protect residents on the basis of sexual orientation and gender identity, include LGBTQ+ people in hate crimes laws, eliminate unjust defenses to violent crimes committed against LGBTQ+ people, and proscribe police profiling of LGBTQ+ individuals.
This category also notes the presence of negative laws that harm public health efforts, such as those that criminalize people living with HIV, as well as unconstitutional statutes such as anti-sodomy laws that perpetuate stigma against LGBTQ+ people by their continued existence.
a. Positive Laws & Policies
ENUMERATED HATE CRIMES LAWS
This item indicates state laws that specifically include sexual orientation or gender identity in hate crimes protections.
MANDATORY REPORTING OF HATE CRIMES STATISTICS
This item indicates state laws that require the collection of data regarding incidents of hate crimes based on sexual orientation or gender identity and reporting that data to the federal government.
ELIMINATION OF BIAS RAGE OR PANIC DEFENSE FOR CRIMINAL ACTS
This item indicates a state law that prohibits the use of an affirmative defense that may be used to excuse or classify a criminal charge as a lesser charge because the revelation of the victim’s sexual orientation or gender identity caused the defendant to lose control and turn violent.
PROHIBITING PROFILING BASED ON ACTUAL OR PERCEIVED LGBTQ+ STATUS BY LAW ENFORCEMENT
This section denotes a state statute that prohibits law enforcement from targeting a person based on their actual or perceived sexual orientation or gender identity without trustworthy information relevant to linking that person to a crime.
B. Negative Laws and Policies
SODOMY LAWS
This item indicates state laws that purport to criminalize sodomy, regardless of whether they are enforced. Note that these laws are not enforceable due to the Supreme Court’s Lawrence v. Texas decision, but they still need to be officially repealed by the state legislature.
HIV CRIMINALIZATION LAWS
This item indicates state laws that criminalize behaviors of HIV+ people that carry a low or negligible risk of HIV transmission. States that criminalize behaviors that carry a higher risk of transmission will not be noted by this measure.
All youth should be able to participate in schools and communities that are safe and welcoming, regardless of their sexual orientation or gender identity.
This category evaluates a range of measures concerning the safety and well-being of LGBTQ+ youth, including safe school laws, laws to protect youth from dangerous and discredited conversion therapy, and laws to address youth homelessness. Recognizing that schools play an especially important role in the growth and development of young people, we looked at a number of measures relating to bullying prevention and school safety.
Additionally, this category has expanded to include new criteria that examines laws and policies that require intentional misgendering of public-school students, forcible outing of LGBTQ+ youth, and restrictions on transgender people accessing gendered facilities in public schools.
a. Positive Laws & Policies
ANTI-BULLYING LAWS
These items indicate state laws that protect youth from bullying and harassment, generally by requiring individual school districts to have anti-bullying policies in place. Credit was given for laws that are enumerated, meaning they specifically list characteristics that are frequently the target of bullying and harassment, while providing anti-bullying protection for all students.
Enumeration is especially important to protect LGBTQ+ students, as research has demonstrated that non-enumerated policies are no more effective to protect vulnerable students than having no policy in place. State laws are only indicated by this item if they provide protection based on both sexual orientation and gender identity.
The second item indicates states with model policies and guidance documents, generally created by the state Department of Education, that enumerate sexual orientation and gender identity.
The “Alternative Discipline” item indicates state laws that specifically include language that supports alternative forms of discipline that focus on education, remediation, prevention, and providing support for the target of bullying, rather than exclusionary discipline, criminalization, or “zero tolerance” policies for bullying and harassment.
Finally, the “Cyberbullying” item indicates that the state’s anti-bullying law covers incidents of bullying and harassment that occur electronically, through the internet or another medium. States and individual school districts vary widely on the degree to which anti-cyberbullying enforcement extends beyond the walls of the school. This category does not assess these distinctions, but simply whether the law addresses bullying and harassment through electronic means.
SCHOOL SUICIDE PREVENTION POLICIES
This item indicates state laws that require public school districts to have policies that focus on suicide prevention and intervention.
PROTECTION FROM CONVERSION THERAPY
This item indicates laws designed to protect LGBTQ+ youth from conversion therapy through licensing restrictions that prevent licensed mental health service professionals from conducting conversion therapy on youth under age 18.
LAWS TO ADDRESS LGBTQ+ YOUTH HOMELESSNESS
This item indicates state laws that specifically address homelessness among LGBTQ+ youth. For example, requiring homeless youth service providers to have non-discrimination policies in place, adequate cultural competency training, enhanced data collection to better understand disparities among this vulnerable population, and ensure homeless transgender youth are able to receive appropriate services based on their gender identity and expression.
LGBTQ+-INCLUSIVE SEX EDUCATION LAWS
This item indicates state laws or regulatory guidance that requires any sexual health education provided to students be specifically inclusive of LGBTQ+ youth.
LGBTQ+-INCLUSIVE JUVENILE JUSTICE POLICIES
This item indicates state laws, regulations, or policies designed to protect LGBTQ+ youth in juvenile justice settings from discrimination on the basis of sexual orientation and gender identity.
b. Negative Laws & Policies
TRANSGENDER EXCLUSION IN SPORTS
This item indicates either legislation, regulations from the state Department of Education, or authoritative guidance from the state organization that regulates intramural secondary school sports excluding transgender students reasonable opportunity and access to participate in school sports.
INEQUALITY IN AGE OF CONSENT FOR SAME-SEX COUPLES
This item indicates state laws that create different standards for the age of consent in same-sex and different-sex couples. Many states have a so-called “Romeo and Juliet” exception to age of consent laws, which prevents violation of these laws as long as the couple is within a particular age range; however, for some states this exception only applies to different-sex couples.
SCHOOL LAWS THAT CRIMINALIZE YOUTH
This item refers to anti-bullying laws that have either the mandatory, one-size-fits-all discipline or zero-tolerance policies, or the laws that specifically criminalize either bullying or cyberbullying. The item does not apply to general laws that extend anti-harassment protections to an electronic medium unless they refer specifically to schools, bullying, or cyberbullying.
ANTI-BULLYING LAWS THAT PROHIBIT ENUMERATION
This item indicates state anti-bullying laws that specifically prohibit school districts from listing characteristics that are frequently the target of bullying and harassment. This undermines the protection of the law for vulnerable populations such as LGBTQ+ youth.
LAWS THAT RESTRICT INCLUSION OF LGBTQ+ TOPICS IN SCHOOLS
This item indicates state laws that prohibit educators from discussing LGBTQ+ topics in schools or that require that any discussion of LGBTQ+ topics in schools be presented in a negative way. While these laws generally pertain only to sexual health education, they are frequently interpreted in a broader way by school districts. In some states these laws are not operative, but because of the negative impact they can have on LGBTQ+ youth, even if they are not officially enforced, they are still noted as present.
LAWS THAT RESTRICT STUDENT GROUPS IN PUBLIC SCHOOLS
This item indicates state laws that prohibit or restrict access to LGBTQ+ supportive student groups in public schools (e.g. GSA).
LAWS THAT ALLOW OR REQUIRE INTENTIONAL MISGENDERING OF PUBLIC-SCHOOL STUDENTS
This item indicates state laws, administrative actions, and court decisions that would allow or require teachers and school administrators to use names or pronouns inconsistent with a student’s gender identity.
LAWS THAT REQUIRE FORCIBLE OUTING OF LGBTQ+ YOUTH
This item indicates state laws and administrative actions that would require educators, school administrators, mental health professionals, and other adults to forcibly out LGBTQ+ youth to their parents, even if doing so would put the young person at risk of harm.
LAWS RESTRICTING TRANSGENDER PEOPLE FROM USING GENDERED FACILITIES IN PUBLIC SCHOOLS
This item indicates state laws and administrative policies preventing transgender people from accessing school bathrooms and locker rooms consistent with their gender identity.
Everyone should be able to access appropriate healthcare that is culturally competent and affirming, regardless of their sexual orientation or gender identity. Moreover, everyone should be able to access identity documents that reflect the way in which they live their lives.
This category evaluates a range of measures relating to the health and safety of LGBTQ+ people, including access to healthcare, the ability to obtain appropriate identity documents, and the collection of health survey data of LGBTQ+ people. Data collection pertaining to LGBTQ+ populations is especially important because, over time, it will allow us to assess and address health disparities among LGBTQ+ communities.
This category has expanded to include new criteria that examines laws and policies that restrict transgender people from using restrooms in certain public spaces and drag performances.
a. Positive Laws & Policies
LGBTQ+ NON-DISCRIMINATION PROTECTIONS IN AFFORDABLE CARE ACT (ACA) EXCHANGES
This item indicates state laws or administrative policies that specifically prohibit discrimination on the basis of sexual orientation or gender identity by insurance providers and healthcare providers through state implementation of the ACA. While the ACA and federal regulations make clear that health care and insurance providers must not discriminate, enforcement is administered by the states, and so it is important that state laws and policies establish exchanges that reflect federal non-discrimination mandates.
States that do not operate their own exchanges (and therefore have no relevant laws or policies) cannot receive credit for this item.
BAN ON INSURANCE EXCLUSIONS FOR TRANS HEALTHCARE
This item indicates state laws or administrative policies that prohibit private health insurance providers from issuing policies with explicit bans on transgender or transition-related healthcare.
TRANSGENDER HEALTHCARE INCLUSION IN STATE MEDICAID
This item indicates state laws or agency rules that specifically allow for transition-related coverage for transgender people through state Medicaid.
TRANSGENDER-INCLUSIVE HEALTH BENEFITS FOR STATE EMPLOYEES
This item indicates states that offer at least one health insurance plan for public employees that expressly covers transgender healthcare needs, including gender-affirming surgical procedures, hormone therapy, laboratory services, mental health care, and all related medical visits. The lack of express exclusions for these services is not sufficient for credit because this care is routinely not covered. The plan should also ensure coverage of routine, chronic, or urgent non-transition services and eliminate other barriers to coverage including, but not limited to, separate dollar maximums and exclusions for covered dependents. Moreover, all out-of-network gender-affirming care for which in-network care is unavailable should be covered on the same terms as out-of-network coverage for other types of necessary care.
NAME AND GENDER MARKER UPDATES ON IDENTIFICATION DOCUMENTS
These items indicate state laws or administrative policies that allow transgender people to update their gender markers on their driver’s licenses or birth certificates with a minimum of difficulty. Generally, this means that these laws or policies will create a clear process and not have specific surgery requirements in order to update one’s gender marker.
While there are sometimes court decisions that allow transgender people to amend their identity documents even in states without explicit rules, these items will consider only statewide laws or policies.
HEALTH DATA COLLECTION
This item indicates the presence of sexual orientation or gender identity-related survey questions on national health data collections that are administered by the state. The Centers for Disease Control and Prevention (CDC) conducts two federal health data surveys in the majority of states: the Behavioral Risk Factor Surveillance System (BRFSS) among adults and the Youth Risk Behavior Surveillance System (YRBSS) among secondary-school aged youth. Only LGBTQ+-related optional questions adopted by the CDC are counted for this measure.
While there are many other forms of both state and federal data collection, this measure looks at only these two specific surveys, as they are prominent health surveys and they include optional questions pertaining to LGBTQ+ populations. Note that not every state administers the YRBSS.
ALL-GENDER SINGLE OCCUPANCY FACILITIES
This item indicates state laws or agency guidance requiring single occupancy facilities (that is restrooms or changing rooms meant to accommodate only one person at a time) to be designated as all-gender.
b. Negative Laws & Policies
LAWS PROHIBITING TRANSGENDER PEOPLE FROM RECEIVING APPROPRIATE IDENTIFICATION
This item indicates state laws, administrative policies, or court decisions preventing transgender people from amending the gender markers on their driver’s licenses or birth certificates under any circumstances.
TRANSGENDER EXCLUSIONS IN STATE MEDICAID COVERAGE
This item indicates state laws or administrative policies that explicitly prohibit Medicaid coverage for transition-related care for transgender people.
BANS ON GENDER AFFIRMING CARE FOR TRANSGENDER YOUTH
This item indicates state laws or administrative actions that prevent transgender youth from accessing age-appropriate, medically-necessary, gender affirming care.
LAWS RESTRICTING TRANSGENDER PEOPLE FROM USING RESTROOMS IN CERTAIN PUBLIC SPACES
This item indicates state laws and administrative policies preventing transgender people from accessing bathrooms consistent with their gender identity.
LAWS AIMING TO RESTRICT DRAG PERFORMANCE
This item indicates state laws explicitly preventing or restricting drag shows, story hours, or performances differently from other types of similar performances.
Tennessee
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Maryland
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The collaborative efforts of state and local advocates accelerated LGBTQ+ inclusive state laws and policies this year. At the same time, our partners simultaneously defended against the harms of anti-equality forces. Take a closer look at what happened during this legislative session in these State Spotlights.
Acknowledging Context
The SEI scorecards are meant to assess the presence of statewide laws, policies, and court decisions that affect LGBTQ+ equality, either positively or negatively. Research for this project was conducted by the SEI team—a group of staff attorneys, program manager, and law fellows—based on the criteria for each law and policy item, and compiled into a sample scorecard for each state. The data was drawn from publicly available sources. The draft scorecards were provided to members of the Equality Federation, and these organizations were offered an opportunity to review the scorecards, ask any questions, give input, and provide additional sources for the SEI team to consider. These assessments were considered by the SEI team and a final scorecard for each state was developed.
For each of the category descriptions, the SEI team made determinations on whether laws, administrative policies, or court decisions would qualify for each state law and policy item based on the nature of the item, typical statewide laws and policies concerning that item, and our determination about best practices for that item.
Laws refer to statewide statutes, either passed through the state’s legislative process or through referendum. Administrative regulations and policies refer to agency guidance or documented policies from a state executive agency that has a legal effect (i.e., the policy is not merely aspirational —it is enforceable). The nature of these agency regulations and policies can vary widely based on the nature of the category, the state agency, and the administrative process in that state. Court decisions refer to final rulings by a relevant state or federal court with a statewide jurisdiction and for which the decision is in effect.
While the SEI examines statewide laws and policies that affect LGBTQ+ equality, it is important to recognize the substantial and growing role that municipal law has on LGBTQ+ equality across the country. In many states with a more difficult political climate for LGBTQ+ equality, advocates may focus on municipal protections rather than statewide law and policy for strategic reasons. Passage of municipal protections can serve to protect a large population of LGBTQ+ people immediately, whereas passage of statewide protections may not be feasible for years, if at all. Also, passage of municipal protections can facilitate passage of statewide laws and policies in several ways. For example, it can show that the potential negative outcomes opponents use to block protections for LGBTQ+ people are demonstrably false, it empowers local advocates to become more involved, and it helps convince lawmakers that protections in their districts should be passed at the state level.
For a nationwide evaluation of municipal law, policies and services affecting LGBTQ+ equality, please see the Municipal Equality Index, available at hrc.org/mei.
The SEI is an assessment of the statewide laws and policies which affect LGBTQ+ equality in each state and the District of Columbia. It is a roadmap for the types of state laws and policies that advocates can work toward to make positive change and a marker by which we can measure the steady passage of statewide laws and policies affecting LGBTQ+ equality. However, the SEI does not rank states in terms of LGBTQ+ equality, nor is it an assessment of the culturally friendliest states for LGBTQ+ people to live.
Moreover, the SEI is not able to measure the implementation of laws, policies, or court cases that affect LGBTQ+ equality, which can have a very real impact on the day-to-day lived experiences of LGBTQ+ people. While the SEI looks at the presence or absence of statewide laws and policies, it is impossible to determine the extent to which those laws are actively enforced or whether relevant training occurs. In fact, enforcement may vary considerably between states and municipalities within a state. Many municipalities will have laws and policies that go beyond the basic requirements of statewide law, creating additional protections in areas such as non-discrimination or safe schools. For a detailed report on the real-life impacts of anti-LGBTQ+ legislation across the country, please see the Impact Report within our State of Emergency declaration at hrc.im/emergency.
Finally, the SEI is not an evaluation of statewide advocacy efforts. We recognize that advocacy for statewide laws and policies concerning LGBTQ+ equality will vary drastically in different regions, based on state politics, historical context, state legislative issues, and countless other factors. For example, in some regions it may be a major victory for advocates to stop negative legislation, while in other states, such legislation has no real chance of passing. The SEI strives to present a balanced view of the types of advocacy that occurs in different states around the country, as well as a factual record of the presence of statewide laws and policies that positively or negatively affect LGBTQ+ equality.
National Stats
TOTAL STATES WITH NON-DISCRIMINATION STATUTORY PROTECTIONS*
*Does not include the District of Columbia
SCORECARD | NATIONAL OVERVIEW
State Advocacy Categories for SEI Scorecards
In the SEI scorecards, we have grouped states into several broad categories to provide a general idea about the type of advocacy that occurs in each state in addition to identifying statewide laws and policies affecting LGBTQ+ people in such states. The categories are:
These states have a broad range of protections to ensure equality for LGBTQ+ people, including comprehensive non-discrimination laws, safer school policies, and healthcare access for transgender people. Advocates focus on the implementation of laws and advance innovative legislation that addresses the needs of vulnerable populations.
20 states and D.C. are in the highest-rated category, “Working Toward Innovative Equality”:
California, Maine, District of Columbia, New York, Colorado, Nevada, Minnesota, New Jersey, Oregon, Illinois, Massachusetts, Connecticut, Vermont, Maryland, Washington, Delaware, Hawaii, New Hampshire, Rhode Island, New Mexico, and Virginia
These states have several basic measures of equality, including non-discrimination protections or anti-bullying laws. Advocates work to ensure the broad implementation of these laws while advancing laws concerning parenting, youth, health and criminal justice to achieve full equality for the LGBTQ+ community.
5 states are in the category “Solidifying Equality”: Michigan, Alaska, Wisconsin, Iowa, and Pennsylvania
In these states, advocates work to build upon initial advances toward LGBTQ+ equality, such as the implementation of safer school policies, expanding non-discrimination protections, or protections in healthcare for transgender people. Work in these states varies widely but may focus on opposing negative legislation, passing comprehensive non-discrimination laws, or making it easier for LGBTQ+ people to create families.
2 states are in the category “Building Equality”: Arizona and Utah
In these states, advocates focus on raising support for basic LGBTQ+ equality, such as non-discrimination protections in employment, housing and public accommodations. These states are most likely to have religious refusal or other anti-LGBTQ+ laws. Advocates often further LGBTQ+ equality by focusing on municipal protections for LGBTQ+ people or opposing negative legislation that targets the LGBTQ+ community.
23 states are in the lowest-rated category “High Priority to Achieve Basic Equality”: Indiana, Ohio, Kentucky, Kansas, Nebraska, North Dakota, Missouri, West Virginia, North Carolina, Montana, Georgia, Florida, Wyoming, Louisiana, Texas, Idaho, South Carolina, Mississippi, South Dakota, Oklahoma, Tennessee, Arkansas, Alabama
State Advocacy Categories Map
Scorecard Changes For the 2024 State Equality Index
The legal landscape for LGBTQ equality has shifted rapidly in the past several years
For our tenth edition, the SEI had several additions to our criteria that reflected the rapid growth and rise in bills that targeted LGBTQ+ youth, and particularly transgender and nonbinary youth. Our expanded criteria examines state laws and policies that require intentional misgendering of public-school students, forcible outing of LGBTQ+ youth, restrictions on drag performance, and restrictions on transgender people accessing gendered facilities in public schools and in certain public spaces. This publication will continue to evaluate the changing landscape of law and provide the fullest picture of LGBTQ+ equality in the states. In 2024, the SEI will continue to rate states based on this new criteria.
The rise in health & safety-related bills and bills that target transgender and nonbinary youth call for greater attention from LGBTQ+ advocates. The SEI will continue to recognize various laws that fall in this category. Future editions may include more nuance if particular types of laws gain traction.
We will consider other changes to the SEI scorecard based on developments in state law over the next few years. As a general matter, we will not include an item in the SEI scorecard unless at least one state has passed a law or policy that qualifies under the criteria for an item. Potential new criteria for future editions may include:
Positive
LGBTQ+ cultural competency training requirements for various types of professionals (doctors, mental health professionals, educators, etc.)
Proper gender and name requirements on death certificates for transgender people
Mandatory LGBTQ+ inclusive training for law enforcement
LGBTQ+ inclusive paid leave laws
Negative
Laws that allow government officials or businesses to refuse to recognize legal marriages
Acknowledgements
The SEI Team
SARAH WARBELOW is the Vice President, Legal for the Human Rights Campaign, where she leads HRC’s team of litigators, policy attorneys and law fellows, and oversees the Municipal Equality and State Equality Indices.
CATHRYN OAKLEY is HRC’s Senior Director, Legal Policy and the founding author of the Municipal Equality Index. She supervises the Municipal Equality Index and State Equality Index and state and local policy work.
COURTNAY AVANT serves as legislative counsel at the Human Rights Campaign, focusing on federal and state advocacy. She handles a range of issues, including those related to criminal justice, voting rights, and LGBTQ+ youth.
BRITTNY PHAM is the Program Manager for State and Municipal Programs, where she manages both the Municipal Equality Index and the State Equality Index each year. Brittny works with the attorneys and law fellows to create the content for this report, and ensures the digital and communications teams can promote the State Equality Index to the masses.
Contributing Partners
The SEI would not be complete without the time, talent, and commitment of many folks. We appreciate all those that contributed to this year’s report.
This year we extend special thanks to HRC colleagues Samantha Griffith, Cooper Reed, Laurel Powell, Jared Keller, Jared Todd, Kathryn Smith, Sam Lau, Carly Fox, Robert Villaflor, Hillary Esquina, Simon Garcia, Raye Maguire, Steffi Badanes, Summer Putnam, Alec Carrasco, and HRC’s 2023 McCleary Law Fellows and Legal Interns.
Finally, thanks to Noted Branding and Viget for making the magic of the SEI come to life.
The Equality Federation Institute
As always, this work happens because of our dedicated partners at the Equality Federation Institute. The achievements we celebrate in this publication are often theirs. The state groups on the following page deserve a special mention for their engagement and support this year.
It’s been our great pleasure to work in partnership with the Equality Federation Institute on this report. Members of the Equality Federation strive each day to achieve the equality measures that this report indexes, bringing state policy and advocacy expertise, grassroots organizing, and local experience to the fight for LGBTQ+ equality. The State Index Equality, and indeed, the tremendous gains in LGBTQ+ equality at the state level, would not be possible without their effort and relentless commitment.
We look forward to working with you again for the 2024 SEI!
For questions or additional information, please contact sei@hrc.org or visit www.hrc.org/sei.
The State Equality Index would not have been possible without the valuable contributions made by the Equality Federation Institute and their state group members.
Thanks To
The strength of the state-based LGBTQ+ movement is critical to elevate our representation, visibility and equality across the country. As we look to the next legislative session, the State Equality Index should serve as a recognition of how far we have come and how much we have yet to achieve.
Love conquers hate.
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