LGBT rights in Alabama

Lesbian, gay, bisexual, and transgender (LGBT) individuals in Alabama face legal challenges and discrimination not experienced by non-LGBT Alabamians. LGBT rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are limited in comparison to most other states.

LGBT rights in Alabama
StatusLegal since 2003
(Lawrence v. Texas)
Gender identitySex change recognized
MilitarySexual orientation allowed since 2011
(Don't Ask, Don't Tell Repeal Act of 2010), while gender identity status is ambiguous since 2019
(Directive-type Memorandum-19-004)
Discrimination protectionsSexual orientation covered in employment anti-discrimination laws statewide since 2020
(Bostock v. Clayton County / R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission / Altitude Express, Inc. v. Zarda) and gender identity covered in employment anti-discrimination laws statewide since 2011
(Glenn v. Brumby)
Family rights
Recognition of relationshipsLegal since 2015
(Searcy v. Strange / Strawser v. Strange )[A]
AdoptionLegal since 2016
(V.L. v. E.L.)

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Alabama since 2003, when the United States Supreme Court decision in Lawrence v. Texas struck down all state sodomy laws. On May 23, 2019, the Alabama House of Representatives passed, with 101 voting yes and 3 absent, Alabama Senate Bill 320, which repeals the ban on "deviate sexual intercourse". On May 28, 2019, the Alabama State Senate passed Alabama Senate Bill 320, with 32 yea and 3 absent. The bill took effect on September 1, 2019.[1][2]

The age of consent in Alabama is 16 years old however sexual contact is legal with someone under 16 years but within 2 years of the older individual. In 2019, this provision was extended to members of the same sex, it had previously only been allowed for two people of the opposite sex. A few other US states still keep these types of age of consent clauses applying to two members of the opposite sex only.[3]

Recognition of same-sex relationships
Main article: Same-sex marriage in Alabama

From February 9, 2015 to March 3, 2015, 47 of the state's 67 counties issued marriage licenses to same-sex couples. On March 3, 2015, the Alabama Supreme Court ruled in the case of Ex parte State ex rel. Alabama Policy Institute and Alabama Citizens Action Program v. King and State v. King that Alabama's ban on same-sex marriage did not violate the United States Constitution. From March 3, 2015 to June 26, 2015, Alabama's probate judges stopped issuing marriage licenses to same-sex couples or marriage licensees altogether. From June 26, 2015, to August 29, 2019, some Alabama's probate judges stopped issuing marriage licensees altogether. On August 29, 2019, the final eight counties in Alabama began issuing marriage certificates to all couples. Although unenforceable, Executive Order Number 24 by Governor Fob James, Alabama Code § 30-1-19, and Amendment 774 of the Constitution of the State of Alabama, which prohibits any recognition or issuance of same-sex marriage licenses, same-sex common law marriage, or a union replicating marriage, has yet to be repealed.

Adoption rights and parenting

Alabama permits adoption by same-sex couples.

Child Placing Agency Inclusion Act
Main article: Child Placing Agency Inclusion Act

Alabama is one of the few states to have a law protecting the right of faith-based adoption agencies to refuse to place a child with a certain couple or individual due to the agency's religious beliefs. The law was signed by Governor Kay Ivey in May 2017.[4]

Discrimination protections

Federal law

Since 2011, gender identity has been applied to the definition of sex in Title VII of the Civil Rights Act of 1964 within the jurisdiction of the United States Court of Appeals for the Eleventh Circuit. Since 2020, sexual orientation has been applied to the definition of sex in Title VII of the Civil Rights Act of 1964.

State level

Alabama state law does not address discrimination based on sexual orientation and gender identity in employment, housing, discrimination in public accommodations, addresses harassment and/or bullying of students, and discrimination against students. The state law has neither a ban on insurance exclusions for transgender healthcare nor does it provide transgender-inclusive health benefits to state employees.[5]

Local level

The city of Birmingham prohibits all discrimination on the basis of sexual orientation and gender identity. It approved such protections in September 2017.[6] The city of Montevallo passed a similar non-discrimination ordinance in April 2018, becoming the second city in the state to have such protections.[7]

Huntsville,[8] Tuscaloosa,[8] and Montgomery [9] have public employment protections on the basis of both sexual orientation and gender identity.

Hate crime law

Since 1994, Alabama has had a hate crime law applicable to "race, color, religion, national origin, ethnicity, or physical or mental disability." The current law does not apply to crimes committed on account of sexual orientation or gender identity.[10]

On April 24, 2009, State Representative Alvin Holmes introduced HB533, a bill that would have added sexual orientation to the list of hate crime categories.[11] State Representative Patricia Todd, the Legislature's first and only openly‐LGBT member, unsuccessfully attempted to add gender identity to the bill but was opposed by Holmes and other legislators. Holmes said he believed that his bill covering only sexual orientation would protect persons victimized as a result of their gender identity.[12] Holmes had introduced identical bills in previous sessions: HB829 (2008),[13] HB247 (2007),[14] HB57 (2006),[15] HB423 (2001),[16] HB85 (2000),[17] and has pushed for the inclusion of sexual orientation in the hate crime law since at least 1999.[18]

In April 2009, the Alabama House of Representatives passed Holmes' bill by a vote of 46 to 41.[12][19][20] The Alabama Senate Judiciary Committee later approved the bill, but the full Senate took no action on it before the Legislature adjourned on May 15, 2009.[20][21]

HB413 (2016) was sponsored by Todd and Representative Juandalynn Givan to add protections for sexual orientation and gender identity and HB8 (2017), but neither bill made it to a vote.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, approved by the United States Congress and signed into law by President Barack Obama in October 2009, bans such hate crimes federally.

Education

Alabama has a no promo homo law, which states that "course materials and instruction that relate to sexual education or sexually transmitted diseases should include [...] an emphasis, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state." (Ala. Code § 16-40A-2)[22]

Sex change recognition

Transgender persons born in Alabama may request an amended birth certificate with a changed name and sex after undergoing sex reassignment surgery.[23][24]

In January 2021, forcing transgender individuals to have sexual reassignment surgery to change a sex/gender marker on a driver's licence was declared unconstitutional by a federal judge.[25][26]

Politics

Patricia Todd, a member of the Alabama House of Representatives, was elected in November 2006 and became the first ever openly gay elected official in the state of Alabama.[27] In September 2013, she married her wife, Jennifer Clarke, in Massachusetts.[28]

In the 2018 Alabama House of Representatives election, Neil Rafferty, a former member of the United States Marine Corps, was elected to represent the 54th House District of Alabama. Rafferty became Alabama's first openly gay congressman.[29] He resides in Birmingham with his husband Michael Rudulph.[30]

Organizations

Public opinion

A 2017 Public Religion Research Institute (PRRI) poll found that 42% of Alabamians supported same-sex marriage, while 51% were opposed. 7% were undecided.

Nevertheless, the same poll also found that 58% supported an anti-discrimination law covering sexual orientation and gender identity. 34% were against. Additionally, 51% were against allowing public businesses to refuse to serve LGBT people due to religious beliefs, while 41% supported allowing such religiously-based refusals.[31]

Summary table
Same-sex sexual activity legal (Since 2003; not codified into law yet)
Equal age of consent
Same-sex marriage (Since 2015)
Recognition of same-sex couples (Since 2015 in marriage)
Recognition of same-sex couples in legal unions outside of marriage
Stepchild adoption by same-sex couples (Since 2015)
Joint adoption by same-sex couples (Since 2015)
Lesbian, gay and bisexual people allowed to serve openly in the military (Since 2011)
Transgender people allowed to serve openly in the military / (Most Transgender personnel allowed to serve openly since 2021)[32]
Transvestites allowed to serve openly in the military (Cross-dressing banned in the military since 2012)[33]
Intersex people allowed to serve openly in the military / (current Department of Defense policy bans "hermaphrodites" from serving or enlisting in the military)[34]
Right to change legal gender on Birth Certificates (Requires SRS)
Right to change legal gender on Drivers Licenses (No longer requires SRS since 2021)[35]
Ban on conversion therapy for minors
Equal access to IVF for lesbian couples
No Promo Homo Laws in place
Commercial surrogacy for gay male couples
Anti Discrimination Laws and Protections Sexual Orientation Gender Identity
Anti-discrimination laws in public employment (Under Bostock v Clayton County, Georgia) (Under Glenn v. Brumby)
Anti-discrimination laws in private employment (Under Bostock v Clayton County, Georgia) (Under Glenn v. Brumby)
Anti-discrimination laws in public accommodations / (Varies by jurisdiction) / (Varies by jurisdiction)
Anti-discrimination laws in housing / (Varies by jurisdiction) / (Varies by jurisdiction)
Anti-discrimination laws in credit and lending services / (Varies by jurisdiction) / (Varies by jurisdiction)
Hate crime law
Conversion therapy banned

See also

Notes
A. From February 9, 2015 to March 3, 2015, 47 of the state's 67 counties issued marriage licenses to same-sex couples. On March 3, 2015, the Alabama Supreme Court ruled in the case of Ex parte State ex rel. Alabama Policy Institute and Alabama Citizens Action Program v. King and State v. King that Alabama's ban on same-sex marriage did not violate the United States Constitution. From March 3, 2015 to June 26, 2015, Alabama's probate judges stopped issuing marriage licenses to same-sex couples or marriage licensees altogether. From June 26, 2015, to August 29, 2019, some Alabama's probate judges stopped issuing marriage licensees altogether. On August 29, 2019, the final eight counties in Alabama began issuing marriage certificates to all couples. Although unenforceable, Executive Order Number 24 by Governor Fob James, Alabama Code § 30-1-19, and Amendment 774 of the Constitution of the State of Alabama prohibits any recognition or issuance of same-sex marriage licenses, same-sex common law marriage, or a union replicating marriage.[36][37][38]

References
  1. Act 2019-465, SB320
  2. AL SB 320
  3. "Code Of Alabama". alisondb.legislature.state.al.us. Retrieved October 9, 2019.
  4. "Ivey signs bill allowing denial of LGBG adoptions". Montgomery Advisor. May 3, 2017.
  5. HRC state maps
  6. Edgemon, Erin (September 26, 2017). "Birmingham makes discrimination a criminal offense". The Birmingham News.
  7. "Montevallo passes non-discrimination ordinance | Shelby County Reporter". www.shelbycountyreporter.com. Retrieved May 11, 2018.
  8. MEI 2017: See Your City’s Score
  9. "2019 Employee Handbook City of Montgomery Alabama". www.montgomeryal.gov.
  10. "Alabama Hate Crimes Law". Hrc.org. Retrieved December 5, 2013.
  11. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2009, accessed June 2, 2012
  12. Birmingham News: Kim Chandler, "House Oks adding sexual orientation to hate crimes law, which now goes to Senate," April 24, 2009 Archived June 8, 2011, at the Wayback Machine, accessed June 2, 2012
  13. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2008, accessed June 2, 2012
  14. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2007, accessed June 2, 2012
  15. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2006, accessed June 2, 2012
  16. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2001, accessed June 2, 2012
  17. ALISON: Bills Sponsored by Representative Holmes: Regular Session 2000, accessed June 2, 2012
  18. Phillip Rawls, "Committee adds sexual orientation to hate crimes," Times Daily (Florence, Alabama), January 17, 2006, accessed June 2, 2012
  19. The Guardian: "On gay rights, two steps forward, one step back in the Alabama house", accessed June 2, 2012
  20. Birmingham Weekly: "Alabama pays for Legislature's dead bills," May 21, 2009, accessed June 2, 2012
  21. ALISON: Session Adjourn / Convene, accessed June 2, 2012
  22. "Alabama Code Title 16. Education § 16-40A-2 | FindLaw". Findlaw. Retrieved June 11, 2017.
  23. Human Rights Campaign: Alabama Birth Certificate Law: Gender Identity Issues, accessed July 5, 2011
  24. "Sec. 22-9A-19. Amendment of vital records". Code of Alabama. Retrieved August 17, 2017.
  27. Wilcox, Barbara (July 19, 2006). "Vote points to first out gay Alabama lawmaker". PlanetOut. Archived from the original on October 14, 2007. Retrieved July 19, 2007.
  28. Chandler, Kim (September 24, 2013). "Alabama's first openly gay lawmaker marries long-time partner in Massachusetts ceremony". al.com.
  29. Towle, Andy (November 7, 2018). "Gay Marine Veteran Neil Rafferty Wins Patricia Todd's Seat in Alabama". towleroad.com.
  30. "Two Marines In Love: “You Were Willing To Go To War And Possibly Die To Be Sure That I’m Okay”". NewNowNext, January 27, 2017.
  31. PRRI: American Values Atlas 2017, Alabama
  32. https://apnews.com/article/biden-reverse-ban-transgender-military-f0ace4f9866e0ca0df021eba75b3af20
  33. https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html
  34. https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html
  35. https://www.aclu.org/press-releases/federal-court-finds-alabamas-drivers-license-policy-violates-rights-transgender
  36. Executive Order Number 24 by Governor Fob James.
  37. AMENDMENT 774 RATIFIED
  38. Section 30-1-19
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