Gays, lesbians, bisexuals, and transgender Americans do not have equal protection of the law. Check how we compute our Federal LGBT Legal Equality Index...
COMPUTING THE FEDERAL LGBT LEGAL EQUALITY INDEX
For each of the Equality Goals, we have identified specific areas in which there is no equal protection under federal law:
Equality Goal: Non Discrimination
1. Employment in private sector
2. Employment in Federal government
3. Housing
4. Public accommodation
5. Public facilities
6. Credit
7. Federally funded programs and activities
Equality Goal: Hate Crimes --- FEDERAL GOAL REACHED
8. Hate crimes legislation (Signed into law by President Obama on October 28, 2009 - The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act). Several states still do not offer hate crimes legislation for sexual orientation and gender identity.
Equality Goal: Military --- PARTIALLY ACHIEVED (DADT REPEALED)
9. Military: While the repeal of Don't Ask Don't Tell took effect on September 20, 2011, LGBT people are not treated equally in the military and the policy and conditions of LGBT people serving can be changed at any time by the Secretary of Defense, without need for an Executive Order from the President or an act of Congress.
Equality Goal: Marriage Equality
10. Civil marriage
11. Immigration
Equality Goal: Freedom of Gender
12. Disability legislation update
Equality Goal: Protecting Youth
13. Education
Equality Goal: Same Sex Parenting Rights
Mostly those rights are granted at the state level
So there is a total of 13 areas that correspond to the federal Omnibus Equality Bill that we have proposed. Once each of the areas is accomplished we grant 1 point---if the area is accomplished partially (or with substandard legislation) then we grant half a point. The total number of points is divided by 13 and this gives the percentage of equality.
HISTORY OF THE FEDERAL LGBT LEGAL EQUALITY INDEX
This index started on January 20, 2009 on the historical inauguration of President Obama.
The index stood at zero for 282 days after inauguration:
The Federal LGBT Legal Equality Index changed to 8% on October 28, 2009, the day President Obama signed into law the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act---283 days after inauguration.
The index stood unchanged until the 974th day after inauguration:
The LGBT Legal Equality Index changed to 12% on September 20, 2011, the day that the repeal of Don't Ask Don't Tell took effect. The index should have raised to 16% on that date should the goal of gays in the military been accomplished fully. As it stands now, the regulations can be changed at any time by the Secretary of Defense without an act of Congress or an Executive Order of the President. Furthermore, LGBT servicemembers are not protected against discrimination and transgender servicemembers cannot serve.
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