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States of Equality Scorecard
Are you a second class citizen in your own state? Review state by state comparisons of the score on equality and gay rights for lesbian, gay, bisexual, transgender, and queer Americans.
The score indicates the number of Equality Goals that have been reached in that state. Each "YES" gives 1 point. Half a point is given for partial achievement of an Equality Goal. One of the seven Equality Goals (repealing "Don't Ask Don't Tell") is mostly a federal level goal. Therefore, at the state level, the maximum score is 6.
Click on any heading to sort table. Highest possible score is 6.0.
STATE
|
SCORE
|
HATE CRIMES |
NON DISCRIMINATION
|
MARRIAGE
|
GENDER
|
YOUTH |
PARENTING
|
ALABAMA
|
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate |
NO |
Some jurisdictions
|
|
ALASKA
|
1.5 |
FEDERAL |
NO |
NO |
Amended
certificate |
NO |
Some jurisdictions
|
ARIZONA
|
1.5
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
Amended
certificate |
NO |
Not tested
|
ARKANSAS
|
2.5
|
FEDERAL |
NO |
NO |
Amended
certificate |
YES |
Only single or joint adoption
|
CALIFORNIA
|
5.5
|
YES |
YES |
Domestic
Partnerships |
YES |
YES |
YES |
COLORADO
|
5.0
|
YES |
YES |
Domestic Reciprocal Beneficiaries |
Amended
certificate |
YES |
YES |
CONNECTICUT
|
6.0
|
YES |
YES |
YES |
YES |
YES |
YES |
DELAWARE
|
3.0 |
FEDERAL (state covers sexual orientation) |
Only sexual orientation |
Civil Unions |
YES |
NO |
Some jurisdictions |
|
DISTRICT OF
COLUMBIA
|
5.5
|
YES |
YES |
YES |
Amended
certificate |
YES |
YES |
FLORIDA
|
1.5
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
Amended
certificate |
NO |
Single adoption or more
|
GEORGIA
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Not tested
|
HAWAI'I
|
4.0
|
YES |
YES |
Civil Unions
|
YES |
NO |
Some jurisdictions
|
IDAHO
|
1.0 |
FEDERAL |
NO |
NO |
NO |
NO |
Not tested |
ILLINOIS
|
5.0 |
FEDERAL (state covers sexual orientation) |
YES |
Civil Unions |
YES |
YES |
YES |
INDIANA
|
2.5
|
FEDERAL |
NO |
NO |
No gender in certificate |
NO |
YES |
IOWA
|
5.5
|
YES |
YES |
YES |
YES |
YES |
Some jurisdictions
|
KANSAS
|
1.5
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
Amended
certificate |
NO |
Not tested |
KENTUCKY
|
1.5
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
Amended
certificate
|
NO |
Not tested |
LOUISIANA
|
2.0 |
FEDERAL (state covers sexual orientation) |
NO |
NO |
YES |
NO |
Some jurisdictions
|
MAINE
|
4.0
|
FEDERAL (state covers sexual orientation) |
YES |
Some rights
|
Amended
certificate
|
YES |
Only single or joint adoption |
MARYLAND
|
4.0 |
YES |
Only sexual orientation |
Recognizes
marriages |
Amended
certificate
|
YES |
Some jurisdictions |
MASSACHUSETTS
|
5.0
|
YES |
Public Accommodations not covered for transgender |
YES |
YES |
Only sexual orientation |
YES |
MICHIGAN
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Not tested |
MINNESOTA
|
4.0
|
YES |
YES |
NO |
Decided by Court order |
YES |
Some jurisdictions |
MISSISSIPPI
|
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate
|
NO |
Only single adoption
|
MISSOURI
|
2.0
|
YES |
NO |
NO |
Amended
certificate
|
NO |
Not tested
|
MONTANA
|
1.5
|
FEDERAL |
NO |
NO |
Decided by Court order |
NO |
Not tested
|
NEBRASKA
|
2.0
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
YES |
NO |
Only single or joint adoption
|
NEVADA
|
3.5
|
FEDERAL (state covers sexual orientation) |
YES |
Domestic Partnerships |
YES |
NO |
Some jurisdictions |
NEW HAMPSHIRE
|
4.0
|
FEDERAL (state covers sexual orientation) |
Only sexual orientation
|
YES |
Amended
certificate |
YES |
Some jurisdictions
|
NEW JERSEY
|
5.5
|
YES |
YES |
Civil Unions
|
YES |
YES |
YES |
NEW MEXICO
|
4.0
|
YES |
YES |
Recognizes marriages |
YES |
NO |
Some jurisdictions
|
NEW YORK
|
5.0
|
FEDERAL (state covers sexual orientation) |
Only sexual orientation |
YES |
YES |
YES |
YES |
NORTH CAROLINA
|
3.0
|
FEDERAL |
NO |
NO |
YES |
YES |
Not tested |
NORTH DAKOTA
|
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate
|
NO |
Not tested
|
OHIO
|
1.0
|
FEDERAL |
NO |
NO |
NO |
NO |
Only single adoption
|
OKLAHOMA
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Not tested
|
OREGON
|
4.5
|
YES |
YES |
Domestic Partnerships |
Amended
certificate |
YES |
Some jurisdictions
|
PENNSYLVANIA
|
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate
|
NO |
Second Parent Adoption allowed. Joint Adoption unclear.
|
RHODE ISLAND
|
3.0 |
FEDERAL (state covers sexual orientation) |
YES |
Civil Unions |
Amended
certificate
|
NO |
Some jurisdictions
|
SOUTH CAROLINA
|
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate
|
NO |
Not tested
|
SOUTH DAKOTA
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Not tested
|
TENNESSEE
|
1.0
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
NO |
NO |
Not tested
|
TEXAS
|
1.5
|
FEDERAL (state covers sexual orientation) |
NO |
NO |
Depends on Clerk |
NO |
Some jurisdictions
|
UTAH
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Only single adoption
|
VERMONT
|
6.0
|
YES |
YES |
YES |
YES |
YES |
YES |
VIRGINIA
|
2.0
|
FEDERAL |
NO |
NO |
YES |
NO |
Not tested
|
WASHINGTON
|
4.5
|
YES |
YES |
Domestic Partnerships
|
Yes by policy but not statue
|
YES |
Common but not by statue |
WEST VIRGINIA
|
2.5
|
FEDERAL |
NO |
NO |
Amended
certificate
|
YES |
Some jurisdictions
|
WISCONSIN
|
3.0 |
FEDERAL (state covers sexual orientation) |
Only sexual orientation |
Domestic Partnerships
|
Decided by Court order |
Only sexual orientation
|
Only single adoption
|
| WYOMING |
1.5
|
FEDERAL |
NO |
NO |
Amended
certificate |
NO |
Not tested
|
NOTES
- Each column refers to an Equality Goal. Check here for more information on them.
- The Gender column refers specifically to the freedom of choosing your own gender. As such it focuses of the laws of different states regarding birth certificates. Other gender identity issues are addressed in the proper column. For instance, in Hate Crimes and Employment a state can only get a full score if they include gender identity.
- The Youth column focuses on whether the state has non-bullying statues that specifically enumerate sexual orientation and gender identity. If a state has non-bullying statues that do not enumerate sexual orientation and/or gender identity, we do not give any credit, because according to GLSEN's research, "these statutes provide no more benefit to LGBT students than not having any law at all." There 27 such states without enumeration: Alabama (which uses the term harassment instead of bullying), Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, Nevada, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, Wyoming. Furthermore, some states provide policies through the Department of Education; GLSEN is investigating the effectiveness of these policies vs. state statues; after the results of this research are known, we will give credit to a state as appropriate.
- The Parenting column refers to adoption laws. There are three categories of adoption: (1) ability for single LGBT people to adopt, (2) ability for LGBT couples to adopt jointly, and (3) ability of an LGBT person to adopt the child of another LGBT person (second parent adoption). In some states, LGBT people can adopt under the three circumstances. This is the goal; we mark those states as "YES" and given them a full point. In several states it is unclear whether couples can adopt or whether second parent adoption is allowed. We mark them as "Not tested" and give them half a point if they allow at least adoption by single LGBT people. In other states adoption (especially second parent adoption) is allowed only in some jurisdictions; in this case we note so and give half a point. In some states only one or two of the categories are allow; we indicate so and give half a point.
ANALYSIS (50 states + District of Columbia):
- Vermont and Connecticut are the only states that provide full equality to the LGBTQ population (i.e., a score of 6).
- Three states (California, Iowa, and New Jersey) and the District of Columbia achieve a rating of 5.5 out of 6. California and New Jersey can achieve the perfect score of 6 by converting civil unions or domestic partnerships to civil marriage. Iowa can reach a score of 6 by ensuring full parenting rights in all cases. The District of Columbia needs to update its transgender protections for birth certificates. New York can reach a score of 6 by passing GENDA (adding gender identity to employment non-discrimination).
- Four other states (Colorado, Illinois, Massachusetts, and New York) score 5 out 6.
THE SCORECARD AS OF MARCH 2008
This chart shows the state of equality in the states and District of Columbia as of March 2008, when we initiated this index.
Note that:
- 8% of the states had a rating of less than 1 (out of 6), which means that they do not satisfy any of the equality goals or satisfy one partially.
- Fifty percent of the states satisfied none or just one of the 6 Equality Goals that are required to ensure that LGBTQ people have the same legal protections as everyone else.
- No state (nor the District of Columbia) had a perfect rating of 6. This score would indicate that the state supports full legal equality for LGBT people.
THE IMPACT OF FEDERAL HATE CRIMES LEGISLATION
The signing of the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act by President Obama on October 28, 2009 marked the achievement of our first Equality Goal.
Prior to this federal legislation out of 50 states plus the District of Columbia:
- 19 states did not have legislation protecting against hate crimes based on sexual orientation or gender identity/expression
- 17 states had only hate crimes protections based on sexual orientation
- 14 states and the District of Columbia had had hate crimes protections based on sexual orientation and gender identity/expression
After the enactment of this federal legislation all states and the District of Columbia are covered by the Hate Prevention Act based on sexual orientation and gender identity/expression. This is an important protection, but it is not a replacement for having state hate crimes legislation covering sexual orientation and gender identity. For states that had no state hate crimes legislation we indicate that now there is federal coverage and increase their score by half a point; states get the full point if they have state legislation that includes hate crimes based in sexual orientation and gender identity.
THE CURRENT STATE OF EQUALITY IN THE STATES
The chart of the right summarizes our scorecard.
The progress compared to March 2008 is noticeable:
- Two states now offer full equality to LGBT people (vs. none in March 2008)
- All states offer now some hate crimes protection because of federal legislation.
- The number of states having few protections (a scorecard of less than 3) has decreased from 32 in 2008 to 28 now.
- The number of states offering significant protections (a scorecard of 5 or more) has increased from 5 in 2008 to 10 now.
We have made significant progress, but still much needs to be done. Check our LGBT directory of organizations working to achieve equality. Each organization is represented by a major donor explaining why he or she is so committed to the organization.
RESULTS FROM THE QUIZ
The people who took the Equal and Gay Quiz, as a group had a tendency to underestimate the actual score in their state by about 1 point out of 6 as the chart indicates.
So, the good news is that most states offer slightly more equality than the average person who took the test estimated. The bad news is that the state of equality in the United States is unacceptable with half of the states offering none or 1 of the six equal protections that all other citizens enjoy.
RECENT HISTORY
- In November 2011, Massachusetts legislature passed swapping transgender protections in hate crimes and employment, housing, credit. Still pending is transgender protections in anti-bullying legislation and public accommodations.
- On October 28, 2009 President Obama signed into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
- On November 4, 2008 voters placed a constitutional ban on marriages in Arizona, California, and Florida. Arizona and Florida already had laws prohibiting same-sex marriages. But, in California same-sex couples had a constitutional right to marry; this right was taken away by voters.
- On October 10, 2008 the Connecticut Supreme Court ruled that the civil unions that the legislature approved for the state violated the Connecticut constitution and the state had to provide marriage to same-sex couples. But the federal government still does not recognize those marriages and does not allow to serve openly in the military. On November 4, 2008 voters rejected a call to have a Constitutional Convention in Connecticut. Therefore, the right to marry is secure in Connecticut (like in Massachusetts).
- On May 15, 2008 the California Supreme Court approved marriage equality for same sex couples. California become the first state to offer full equality to the LGBTQ population. There is a ballot initiative on November 2008 to try to overturn this ruling. Everybody's support is critical.
- In May 2008, the Florida legislature passed anti-bullying legislation (but it does not enumerate protected classes)
- In May 2008, Maryland become the 7th state with anti-bullying legislation that specifically protects youth because of their sexual orientation and gender identity/expression
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