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State Religious Exemption Laws

State religious exemption laws permit people, churches, non-profit organizations, and sometimes corporations to seek exemptions from state laws that burden their religious beliefs.

United States Map
State has constitutional or statutory religious exemption law (RFRA) (21 states)
State permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBT people and same-sex couples, if doing so conflicts with their religious beliefs (4 states)
State has targeted religious exemption law that permits state officials to decline to marry couples of whose marriage they disapprove (2 states)
State has targeted religious exemption that that permits faith-based organizations to deny services to married same-sex couples (2 states)
State has no religious exemption law (RFRA) (26 states + D.C.)
NOTE: These laws have recently been used as a defense when businesses discriminate against or refuse service to LGBT customers and same-sex couples.

Mississippi's targeted religious exemption law (2016) permits faith-based organizations to deny marriage-related services and to discriminate in housing, employment, adoption and foster care, and the provision of mental and physical health care; permits businesses to deny marriage related goods and services; permits employers and schools to discriminate in dress codes and in the accessibility of facilities; and permits state employees to deny marriage licenses, all if the previously mentioned employers, businesses, state employees, and faith-based organizations have the belief or moral conviction that 1) marriage should be between one man and one woman, 2) sexual relations should be reserved to marriage, or 3) male and female identities are determined by anatomy and genetics at birth. The law is not in effect, pending the appeal of a federal court decision that the law violates the Constitution.

In 2016, Tennessee enacted a law permitting mental health professionals to refuse service to clients on the basis of the mental health professional's religious belief.

Percent of LGBT Population Covered by Laws

43% of LGBT population lives in states with constitutional or statutory religious exemption laws 6% of LGBT population lives in states permitting state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBT people and same-sex couples, if doing so conflicts with their religious beliefs 4% of LGBT population lives in states with religious exemption law that permits state officials to decline to marry couples of whose marriage they disapprove 2% of LGBT population lives in states with targeted religious exemption that that permits faith-based organizations to deny services to married same-sex couples 51% of LGBT population lives in states that do not have religious exemption laws

State has religious exemption law
State Constitutional or Statutory Targeted Adoption/Child Services Denial Targeted Marriage License Denial Targeted Marriage Services Denial
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming


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Data current as of 09/26/2016