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Sexual Orientation Policy Tally

The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.

Gender Identity Policy Tally

“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.

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De Facto Parenting Statutes

United States Map
Vermont New Hampshire Washington D.C. Maryland Delaware New Jersey Connecticut Rhode Island Massachusetts Alaska Hawaii California Oregon Washington Nevada Utah Arizona Idaho Montana Wyoming Colorado 33 Texas North Dakota South Dakota Nebraska Kansas Oklahoma Minnesota Iowa Louisiana Arkansas Missouri Mississippi Florida Georgia Tennessee South Carolina North Carolina Wisconsin Illinois Michigan Indiana Kentucky Ohio West Virginia Maine New York Pennsylvania Virginia Vermont New Hampshire
  • State recognizes de facto parents and may grant them visitation, custody or full parenting rights(6 states)
  • States allow limited recognition of de facto parents as a basis for visitation and/or custody (24 states + D.C.)
  • State recognition of de facto parents is uncertain or state may require parent to provide specific evidence (14 states)
  • State does not recognize de facto parents (6 states)

Percent of LGBT Population Covered by Laws

7%

7 % of LGBT population lives in states recognizing de facto parents and may grant them visitation, custody or full parenting rights

56%

56 % of LGBT population lives in states allowing limited recognition of de facto parents as a basis for visitation and/or custody

25%

25 % of LGBT population lives in states where recognition of de facto parents is uncertain or may require parent to provide specific evidence

11%

11 % of LGBT population lives in states that do not recognize de facto parents

Data current as of 11/22/2016
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