Below, organized alphabetically by state, are some of the legislative efforts currently happening in the United States. Some of the legislation has been passed and is now law; some of it is pending and amenable to comment. We’ve indicated which is which.
This compilation is very much a work in progress and we intend to add to it and make revisions as events change. If you know of something happening where you live that isn’t included, please let us know!
Arkansas
Bill No.: S.B. 202
Short Title: Intrastate Commerce Improvement Act
Sponsor(s): Sen. Bart Hester (R)
Status: Enacted into law effective Feb. 24, 2015
Link to Bill Text:
http://www.arkleg.state.ar.us/assembly/2015/2015R/Bills/SB202.pdf
Prohibits municipalities from enacting anti-discrimination ordinances that conflict with state law. Preempts such ordinances already enacted. The operative language of S.B. 202 provides:
A county, municipality, or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law.
State law does not currently prohibit discrimination on the bases of sexual orientation or gender identity.
Indiana
Bill No. S.B. 2
Short Title: None
Sponsor: Sen. Tim Lanane (D)
Status: Introduced (Jan. 6. 2016)
Adds gender identity, along with sexual orientation and veteran status, to the state’s anti-discrimination law, which reaches such areas as employment and the extension of credit. Permits maintenance of sex-segregated restrooms. Defines “gender identity” to mean “a gender related identity, appearance, expression, or behavior whether or not the gender related identity, appearance, expression, or behavior is different from that traditionally associated with a person’s assigned sex at birth.”
Bill No.: S.B. 35
Short Title: None
Sponsor: Sen. James Tomes (R)
Status: Referred to Committee on Public Policy
Mandates that in public schools, including charter schools, entry into sex-segregated areas is permitted only to persons having that “biological gender.” Requires sex-segregation for settings in which students may be in a partial or full state of undress in the presence of others.
Defines “biological gender” as the physical condition of being male or female based on the presence or absence of X and Y chromosomes.
Defines as criminal trespass the knowing or intentional entry by a male into a sex-segregated public facility designated for females or by a female into a sex-segregated public facility designated for males. Affected facilities are locker rooms, restrooms, or showers located in places of public accommodation and accessible by multiple people at the same time.
A violation is a class A misdemeanor. Excepted from the criminal provision are custodians, persons under 18 years of age, students while in their schools, adults accompanying children under 8 years of age, and those rendering medical assistance.
Bill No.: S.B. 100
Short Title: None stated
Sponsor(s): Sen. Travis Holdman (R)
Status: Referred to Committee on Rules and Legislative Procedure
Link to Bill Text: http://www.indianasenaterepublicans.com/clientuploads/Documents/2016%20Session/SB100_LS6175.pdf
Adds gender identity, along with sexual orientation and military service related designations, as a prohibited basis for discrimination in areas such as housing, employment, and public accommodations. Includes broad exemptions based on religion or conscience. Preempts local laws that differ from state law and repeals a provision permitting municipalities from enacting gender-identity ordinances that differ from state law. Appears to permit businesses to determine bathroom use, including maintenance of sex-segregated facilities. Defines “gender identity” to mean “a person’s gender-related identity, appearance, or behavior:
(1) whether or not that gender-related identity, appearance, or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth; and
(2) that can be shown by providing:
(A) medical history, care, or treatment of the gender-related identity occurring in the period of twelve (12) months preceding the act or omission that is the subject of [a complaint of discrimination]; or
“(B) consistent and uniform assertion of the gender-related identity in the period of twelve (12) months preceding the act or omission that is the subject of [a complaint of discrimination], if the assertion is sincerely held, part of the individual’s core identity, and not being asserted for an improper purpose.”
Better status information should be available in early 2016.
New Jersey
Bill No. S. 1195
Short Title: None
Sponsor(s):
Status: Vetoed by Gov. Christie; Override vote expected
Link to Bill Text:
http://www.njleg.state.nj.us/2014/Bills/S1500/1195_I1.HTM
Amends requirements for changing a birth certificate. Present law requires that the individual have undergone sex reassignment surgery. As amended, the law would permit alteration of the birth certificate upon presentation of a form by the individual’s health care provider (formerly, physician) indicating that the individual “has undergone clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards,” or if the individual “has an intersex condition.”
The amended birth certificate will not be marked as amended. If the individual’s name has changed, the amended birth certificate may reflect the new name. If the individual is a minor, a parent or guardian may request the amended certificate.
New York
Bill No. Local Law No. 3; N.Y.C. Admin. Code § 8-102(23)
Short Title: Legal Enforcement Guidance on the Discrimination on the Basis of Gender Identity or Expression
Sponsor: New York City Commission on Human Rights
Status: Effective upon Issuance (12/21/2015)
Link to legal enforcement guidance issued by New York City Human Rights Commission
http://www.nyc.gov/html/cchr/downloads/pdf/publications/GenderID_InterpretiveGuide_2015.pdf
The city of New York issued guidance on the enforcement of already existing prohibitions against gender identity discrimination in employment, public accommodations, and housing. The guidance includes several definitions that essentially eliminate “sex” as a defining element of the state of being male or female. Among these definitions are:
Gender Identity: One’s deeply-held sense of one’s gender, which may be the same or different from one’s sex assigned as birth … Everyone has a gender identity.
Gender Expression: The representation of gender as expressed through, for example, one’s name, choice of pronouns, clothing, haircut, behavior, voice, or body characteristics. Gender expression may not be distinctively male or female and may not conform to traditional gender-based stereotypes assigned to specific gender identities.
Gender: An individual’s actual or perceived sex, gender identity, self-image, appearance, behavior, or expression whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned at birth.
Sex: A combination of bodily characteristics including chromosomes, hormones, internal and external reproductive organs, secondary sex characteristics, and gender identity.
Gender discrimination exists when an individual is treated “less well than others” on account of gender. It is forbidden in employment, housing, public accommodations, discriminatory harassment, and bias-based profiling by police.
Under the guidance, it is a violation to use a name or pronoun not of the individual’s choosing, which includes such pronouns as “ze” and “hir” and names not matching the individual’s identification (with some limited exceptions).
An individual may enter a sex-segregated facility matching the individual’s gender identity, self-image, appearance, behavior, or expression. Objections by others who use the facilities are not a lawful reason to exclude transgender or gender non-conforming individuals. (Note that in this regard, the guidance is in conflict because it speaks broadly in terms of “gender” with simultaneous reference to the more limited class of “transgender” and “gender non-conforming individuals.) The guidance adds that individuals’ “assessment of their own safety should be a primary concern” and that covered entities should honor requests by, for example, a transgender person who prefers to be housed based on biological sex rather than gender identity.
The guidance forbids sex-stereotyping, and separate uniforms and grooming standards (where they are required) for men and women. That the standards are different is sufficient to give rise to a claim of discrimination.
Employer-based health insurance must cover “transgender care, also known as transition-related care or gender-affirming care” and includes “hormone replacement therapy, voice training, or surgery.” The guidance also prohibits discrimination based on biological sex without regard to gender identity.
The foregoing is not all-inclusive and the guidance describes itself as non-exhaustive.
A penalty of up to $125,000 may be imposed for a violation, with an increase of up to $250,000 for violations that are the result of willful, wanton, or malicious conduct.
Bill No. None/Executive Action
Short Title: None
Sponsor: Gov. Andrew Cuomo
Status: Effective at close of public comment period
Link to Rule Text: https://www.governor.ny.gov/sites/governor.ny.gov/files/atoms/files/GenderIdentityRegulation.pdf
Rule proposed to amend New York Human Rights Law via executive rather than legislative action. Defines “gender identity” to mean “having or being perceived as having a gender identity, self-image, appearance, behavior or expression, whether or not that gender identity, self-image, appearance, behavior or expression is different from that traditionally associated with the sex assigned to that person at birth.” Expands the definition of sex to include gender identity and the status of being transgender and includes gender dysphoria as a disability protected against discrimination.
The rule was open for public comment for 45 days and is effective at the close of that period. Once effective, the rule renders moot a bill in the New York legislature that passed the state’s House but stalled in the Senate.
Ohio
Bill No.: H.B. 389
Short Title: Ohio Fairness Act
Sponsor(s): Rep. Nickie J. Antonio (D-13), Rep. Denise Driehaus (D-31)
Status: Introduced
Link to Bill Text:
https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-389
Amends existing anti-discrimination law to include sexual orientation and gender identity or expression. Defines “gender identity or expression” to mean “the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, without regard to the individual’s designated sex at birth.” Amends various provisions of the Ohio Revised Code to bring them into conformity with the proposed definition in areas such as employment, housing, healthcare, and government contracts. Includes a religious exemption.
See here for a sample letter sent to Rep. Michael Stinziano regarding HB-389.
Cincinnati local ordinance
Ord. No. 373-2015
Short Title: None
Sponsor(s): None
Status: Passed 12/9/2015
Prohibits within the geographical boundary of Cincinnati, Ohio, “sexual orientation or gender identity change efforts,” commonly known as conversion therapy, by mental health professionals. The prohibited therapy is defined as:
conversion therapy, reparative therapy or any other practices by mental health professionals that seek to change an individual’s sexual orientation or to change gender identity to a gender other than that with which the individual personally identifies, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same sex.
Excluded from this definition
psychotherapies that provide acceptance, support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, and psychotherapies that do not seek to change sexual orientation or to change gender identity to a gender other than that with which the individual personally identifies.
The fine for violating the ordinance is $200 per occurrence. Each day that a violation occurs constitutes a separate violation.
Tennessee
Bill No.: H.B. 600
Short Title: Equal Access to Intrastate Commerce Act
Sponsor(s):
Status: Enacted into law effective May 23, 2011
Link to Bill Text:
Prohibits local governments from enacting anti-discrimination ordinances that conflict with state law. Preempts such ordinances already enacted. State law does not currently prohibit discrimination on the bases of sexual orientation or gender identity. Restricts the meaning of “sex” as used in the state’s Human Rights Act to the sex designated on an individual’s birth certificate.
The constitutionality of the Act was unsuccessfully challenged in the Tennessee courts. See Howe v. Haslam, No. M2013-01790-COA-R3-CV (Tenn. Ct. App. May 21, 2014); Howe v. Haslam, No. M2012-01444-COA-R3-CV (Tenn. Ct. App. June 10, 2013).
Texas
Bill No.: H.B. 1556
Short Title: Intrastate Commerce Improvement Act
Sponsor: Rep. Rick Miller
Status: Referred to Committee on Urban Affairs
Link to Bill Text: http://www.capitol.state.tx.us/tlodocs/84R/billtext/pdf/HB01556I.pdf#navpanes=0
Prohibits municipalities from enacting anti-discrimination ordinances that conflict with state law. Preempts such ordinances already enacted. The operative language of S.B. 202 provides:
A county, municipality, or other political subdivision may not adopt or enforce a local law that creates a protected classification or prohibits discrimination on a basis not contained in the laws of this state.
State law does not currently prohibit discrimination on the bases of sexual orientation or gender identity.