BY BTL STAFF
WASHINGTON – A new report by the Human Rights Campaign, in partnership with the Equality Federation, reveals that equal treatment remains out of reach for LGBT Americans in most states, including Michigan.
The inaugural State Equality Index (SEI) reveals that, even with progress on marriage equality, there are extraordinary state-to-state disparities in LGBT non-discrimination protections, including in the workplace, and efforts continue by equality opponents to pass state-level legislation that would sanction discrimination and undermine even minimal existing protections.
Michigan is one of 32 states in the country that lacks explicit state-level workplace protections for all LGBT employees. It is also one of 14 states that does not have marriage equality.
"Despite historic progress on issues like marriage equality, a majority of states still struggle to reach even a basic level of equality for LGBT people," said HRC President Chad Griffin. "Most states lack statewide non-discrimination laws to protect LGBT people, putting countless individuals and families at risk and creating inequalities in adoption and surrogacy, employments benefits and youth safety and well-being."
"Even worse," Griffin said, "equality opponents continue to push deeply harmful laws forward, including those seeking to undermine critical protections in the guise of 'religious liberty.'"
Though same-sex marriage is legal in 36 states and Washington, D.C., more than 111 million people, or 35 percent of Americans, live in states where LGBT people are not fully protected from discrimination in the workplace. And more than 206 million people nationwide live in states where every LGBT person lacks fully-inclusive statewide workplace sexual orientation and gender identity protections.
Last year Michigan's Religious Freedom Restoration Act, a bill potentially allowing for discrimination against LGBT people on the basis of religious beliefs, stalled in the Senate after being introduced and passed in the House. Lawmakers have reintroduced the bill Jan. 21, modeled after a federal version that would allow individuals or businesses to seek exemptions to government regulations that they feel may substantially burden their sincerely held religious beliefs. Advocates are working closely with business leaders to defeat that measure and build support for non-discrimination legislation.
The SEI assesses states on their LGBT-related legislation and policies, good and bad, in six areas: relationship recognition, parenting laws and policies, non-discrimination laws, hate crimes laws, anti-bullying laws and health and safety laws and policies. Based on that review, the SEI assigns states to one of four distinct categories.
Michigan and 29 other states fall into the lowest-performing category: "High Priority to Achieve Basic Equality."
Most of these states have many laws that undermine LGBT equality, from those that criminalize HIV and sodomy, to measures allowing religious-based discrimination against LGBT people. A handful of states have court-ordered marriage equality; none have non-discrimination laws that include sexual orientation or gender identity protections; and few have hate crime laws. LGBT advocates largely work on killing bad bills and on passing municipal protections for LGBT people.
"Equality Michigan is proud of the work that Michigan's LGBTQ communities have accomplished this past year. There are now more local municipalities in Michigan with LGBTQ protections than any other state in the country, and over 300 LGBTQ couples were able to marry this past March," Equality Michigan Executive Director, Emily Dievendorf, said. "However, too many families in Michigan are once again being denied the freedom to marry or having challenges getting their marriages recognized, and our state laws do not adequately protect LGBTQ people or people living with HIV. The SEI helps bring to light that there are a lot of challenges ahead and our work in Michigan is far from over. But while our victory is not inevitable, we can be increasingly confident it is achievable."
Seven states and the District of Columbia are in the highest category: "Working Toward Innovative Equality"
These high ranking states have marriage equality, robust LGBT non-discrimination laws that include employment, housing and public accommodations as well as protections in the realm of credit, insurance and jury selection. Most allow transgender people to change official documents to reflect their gender identity. Many bar private insurers from banning transition-related healthcare. LGBT youth are protected by anti-bullying laws, as well as innovative measures in some states that address conversion therapy, inclusive juvenile justice policies, homelessness and sexual education.
Seven states are in the category of "Solidifying Equality."
These states have marriage equality and non-discrimination protections and are considered high-performing, but not cutting edge, on LGBT equality. Some states, however, lack explicit non-discrimination protections on the basis of gender identity. These states have relatively strong anti-bullying laws, but bad laws begin to crop up in this category.
Seven states are in the category of "Building Equality."
These have marriage equality and have taken steps toward more LGBT equality efforts, including passing basic non-discrimination and hate crimes laws. Some lack explicit gender identity protections, and several lack comprehensive anti-bullying laws. Bad laws are more common, so advocates work to stop bills that undermine LGBT equality and pass more comprehensive non-discrimination laws.
