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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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Texas' Equality Profile

Quick Facts About Texas

Total State Population:

25,145,561

Total Adult Population:

19,073,564

Total LGBT Population:

629,428

LGBT % of State Adult Population:

3.3%

% of Same-Sex Couples Raising Children:

20%

Texas' LGBT Policy Tally

Sexual Orientation
Policy Tally:4.75/20.5
Gender Identity
Policy Tally:-0.75/18
Overall Tally:4/38.5
View Methodology/More Information
See how Texas compares to the rest of the country on the Snapshot page.

Texas' LGBT Laws and Policies

Click on each issue for more information and to see where the state fits into the national landscape.

Key
  • State has this law Indicates state law or policy
  • State has this law Indicates local laws or policies and/or partial law
  • State does not have this law Indicates no law or policy
  • Enumeration not applicable
Marriage and Relationship Recognition Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Marriage for Same-Sex Couples 1/1
Medical Decision-Making Authority for Same-Sex Couples 1/1
State Family Leave Laws Covering Same-Sex Couples 0/1
Negative Law: Ban on Marriage and/or Relationship Recognition for Same-Sex Couples No Negative Law 0/-1
Subtotal 2/3
Marriage and Relationship Recognition Total 2/3
Non-Discrimination Laws Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Employment Non-Discrimination Laws* 0/1 0/1
Housing Non-Discrimination Laws* 0.25/1 0.25/1
Public Accommodations Non-Discrimination Laws* 0.25/1 0.25/1
Credit and Lending Non-Discrimination Laws 0/1 0/1
Non-Discrimination Policies for State Employees 0/0.5 0/0.5
Negative Law: State Religious Exemptions Laws (RFRAs) NEGATIVE LAW -0.5/-0.5 NEGATIVE LAW -0.5/-0.5
Negative Law: State has targeted religious exemption law (child welfare) No Negative Law 0/-0.25 No Negative Law 0/-0.25
Negative Law: State has targeted religious exemption law (marriage licenses) No Negative Law 0/-0.25 No Negative Law 0/-0.25
Negative Law: State has targeted religious exemption law (marriage services) No Negative Law 0/-0.25 No Negative Law 0/-0.25
Negative Law: State Bans Cities and Counties from Passing Non-Discrimination Laws No Negative Law 0/-0.5 No Negative Law 0/-0.5
Subtotal 0/4.5 0/4.5
Non-Discrimination Total 0/9
*If state lacks statewide law, tally looks at local non-discrimination ordinances in employment, housing, and public accommodations and provides partial points based on percent of LGBT population covered by local laws.
Ability for Transgender People to Correct
Name and Gender Marker on Identity Documents
Sexual Orientation Gender Identity
Law Exists? Tally Law Exists? Tally
Driver's Licenses NEGATIVE LAW -1/1
Birth Certificates 0/1
Name Change 1/1
Subtotal 0/3
Identity Documents Total 0/3
Grand Totals Sexual Orientation
Policy Tally
Gender Identity
Policy Tally
Overall Tally
Totals 4.75/20.5 -0.75/18 4/38.5
Ratings LOW NEGATIVE LOW

Local Municipalities & Counties with Non-Discrimination Ordinances Covering Private Employers*

Sexual Orientation

12%

of population
protected

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • NDOs
    Banned

City and County Numbers:

0 counties out of 254 have an ordinance prohibiting private employment discrimination based on sexual orientation.

4 cities have an ordinance prohibiting private employment discrimination based on sexual orientation.


City and County Listing:

  • City of Austin
  • City of Dallas
  • City of Fort Worth
  • City of Plano

Gender Identity

12%

of population
protected**

    Legend

  • State
    Protections
  • County
    Protections
  • City
    Protections
  • No
    Protections
  • NDOs
    Banned

City and County Numbers:

0 counties out of 254 have an ordinance prohibiting private employment discrimination based on gender identity.

4 cities have an ordinance prohibiting private employment discrimination based on gender identity.


City and County Listing:

  • City of Austin
  • City of Dallas
  • City of Fort Worth
  • City of Plano

NOTE: As a result of a 2012 Equal Employment Opportunity Commission (EEOC) ruling, the federal sex discrimination law, Title VII, now protects employees nationwide from discrimination on the basis of sexual orientation, gender identity and gender expression. By contrast, this list reflects state and local laws and ordinances that explicitly protect workers from discrimination based on their gender identity.

*Only jurisdictions with ordinances that prohibit discrimination in private employment are listed. Other localities may have executive orders that apply to government employees and these are not listed. The level of enforcement of these ordinances may vary by jurisdiction. This information is constantly changing, and we welcome suggestions for additions or changes. Email us here. This data was collected in collaboration with the Equality Federation and Equality Texas.

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