Login

Forgot your password?

Become a Member

MAP membership and certain MAP materials are restricted to the staff and board members of LGBT movement organizations and/or major funders of the movement for LGBT equality. Click below to become a member of MAP.

Join MAP

View our privacy policy.

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.

Choose a State

Choose an Issue

Donate
/Equality Maps /Federal Court Decisions

Federal Court Decisions

Title VII is a federal law that prohibits employment discrimination on the basis of sex, among other protected characteristics. The Equal Employment Opportunity Commission interprets the protections to prohibit discrimination based on gender identity, and courts are currently deciding whether to adopt the EEOC's interpretations.

View the Citations link for a full list of cases plotted on this map, as well as district level decisions. To view our map of state laws, click here.
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
  • Circuit court decision holding that sex discrimination under Title VII includes discrimination based on gender identity (20 states)
  • Circuit court decision holding that sex discrimination under Title VII DOES NOT include discrimination based on gender identity (9 states)
  • State has no relevant case law (21 states + D.C.)
  • State employment non-discrimination law covers gender identity (20 states + D.C.)

Read the State-by-State Statutes

Percent of LGBT Population Covered by Laws

48%

48 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title VII includes discrimination based on gender identity.

13%

13 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title VII DOES NOT include discrimination based on gender identity.

Title VII is a federal law that prohibits employment discrimination on the basis of sex, among other protected characteristics. The Equal Employment Opportunity Commission interprets the protections to prohibit discrimination based on sexual orientation, and courts are currently deciding whether to adopt the EEOC's interpretations.

View the Citations link for a full list of cases plotted on this map, as well as district level decisions. To view our map of state laws, click here.
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
  • Circuit court decision holding that sex discrimination under Title VII includes discrimination based on sexual orientation (6 states)
  • Circuit court decision holding that sex discrimination under Title VII DOES NOT include discrimination based on sexual orientation (44 states + D.C.)
  • State has no relevant case law (0 states)
  • State employment non-discrimination law covers sexual orientation (22 states + D.C.)

Read the State-by-State Statutes

Percent of LGBT Population Covered by Laws

16%

16 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title VII includes discrimination based on sexual orientation.

84%

84 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title VII DOES NOT include discrimination based on sexual orientation.

Title IX is a federal law that prohibits sex discrimination in schools that receive federal funding, including public and private K-12 schools, and colleges and universities. The Department of Education interprets the protections to prohibit discrimination based on gender identity although the Trump Administration has recently rescinded guidance that helped schools determine how best to support transgender students. Courts are currently deciding whether the Department's interpretations are binding.

View the Citations link for a full list of cases plotted on this map, as well as district level decisions. To view our map of state laws, click here.
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
  • Circuit court decision holding that sex discrimination under Title IX includes discrimination based on gender identity (7 states)
  • Circuit court decision holding that sex discrimination under Title IX DOES NOT include discrimination based on gender identity (0 states)
  • State has no relevant case law (43 states + D.C.)
  • State law prohibits discrimination in schools on the bases of sexual orientation and gender identity (13 states + D.C.)

Read the State-by-State Statutes

Percent of LGBT Population Covered by Laws

17%

17 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title IX includes discrimination based on gender identity.

0%

0 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title IX DOES NOT include discrimination based on gender identity.

Title IX is a federal law that prohibits sex discrimination in schools that receive federal funding, including public and private K-12 schools, and colleges and universities. Courts are currently deciding whether these protections extend to also prohibit discrimination based on sexual orientation.

View the Citations link for a full list of cases plotted on this map, as well as district level decisions. To view our map of state laws, click here.
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
  • Circuit court decision holding that sex discrimination under Title IX includes discrimination based on sexual orientation (0 states)
  • Circuit court decision holding that sex discrimination under Title IX DOES NOT include discrimination based on sexual orientation (7 states)
  • State has no relevant case law (43 states + D.C.)
  • State law prohibits discrimination in schools on the basis of sexual orientation only (14 states + D.C.)

Read the State-by-State Statutes

Percent of LGBT Population Covered by Laws

0%

0 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title IX includes discrimination based on sexual orientation.

6%

6 % of LGBT Americans living in a state with a federal circuit court decision holding that sex discrimination under Title IX DOES NOT include discrimination based on sexual orientation.

Key
  • State has this law Positive Law
  • State does not have this law Negative Law
State Title VII: Gender Identity Title VII: Sexual Orientation Title IX: Gender Identity Title IX: Sexual Orientation
  Citations Citations Citations Citations
Alabama State has this law State does not have this law
Alaska State has this law State does not have this law
Arizona State has this law State does not have this law
Arkansas State does not have this law State does not have this law
California State has this law State does not have this law
Colorado State does not have this law State does not have this law
Connecticut State has this law
Delaware State does not have this law
District of Columbia State does not have this law
Florida State has this law State does not have this law
Georgia State has this law State does not have this law
Hawaii State has this law State does not have this law
Idaho State has this law State does not have this law
Illinois State does not have this law State has this law State has this law
Indiana State does not have this law State has this law State has this law
Iowa State does not have this law State does not have this law
Kansas State does not have this law State does not have this law
Kentucky State has this law State does not have this law State has this law
Louisiana State does not have this law
Maine State has this law State does not have this law
Maryland State does not have this law
Massachusetts State has this law State does not have this law
Michigan State has this law State does not have this law State has this law
Minnesota State does not have this law State does not have this law
Mississippi State does not have this law
Missouri State does not have this law State does not have this law
Montana State has this law State does not have this law
Nebraska State does not have this law State does not have this law
Nevada State has this law State does not have this law
New Hampshire State has this law State does not have this law
New Jersey State does not have this law
New Mexico State does not have this law State does not have this law
New York State has this law
North Carolina State does not have this law
North Dakota State does not have this law State does not have this law
Ohio State has this law State does not have this law State has this law
Oklahoma State does not have this law State does not have this law
Oregon State has this law State does not have this law
Pennsylvania State does not have this law
Rhode Island State has this law State does not have this law
South Carolina State does not have this law
South Dakota State does not have this law State does not have this law
Tennessee State has this law State does not have this law State has this law
Texas State does not have this law
Utah State does not have this law State does not have this law
Vermont State has this law
Virginia State does not have this law
Washington State has this law State does not have this law
West Virginia State does not have this law
Wisconsin State does not have this law State has this law State has this law
Wyoming State does not have this law State does not have this law
Data current as of 04/13/2018
This map is powered by

Stay Informed

Be the first to know about new reports and MAP news by signing up for our newsletter

Equality Maps

Policy

Movement Capacity

Messaging

About

A Brief Overview of MAP

Founded in 2006, the Movement Advancement Project is an independent think tank that provides rigorous research, insight and analysis that help speed equality for lesbian, gay, bisexual and transgender (LGBT) people.

MAP’s work helps educate and persuade public audiences (such as policymakers, allied organizations and funders, media and the American public) and helps support LGBT movement audiences (including LGBT organizations and advocates, and LGBT funders). You can read more about MAP and the work we do on our About page.

Get in Touch

Get Social

Copyright © 2018 Movement Advancement Project