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LGBT rights in Indiana

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LGBT rights in Indiana

LGBT rights in Indiana
Indiana (US)
Same-sex sexual activity legal? Legal since 1977
Gender identity/expression State does not require SRS to alter sex on birth certificate
Discrimination protections Sexual orientation and gender identity protections in state employment
Family rights
Recognition of
relationships
Same-sex marriage legal since 2014
Adoption Yes

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Indiana face some legal challenges not experienced by non-LGBT residents. Same-sex marriage has been legal in Indiana since October 6, 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan.

Law regarding same-sex sexual activity

Indiana decriminalized same-sex sexual activity in 1977.[1]

Recognition of same-sex relationships

Same-sex marriage recognized under federal court decision in October 2014. [2]

Annual attempts to adopt a constitutional amendment defining marriage as the union of a man and a woman have failed since 2004. Indiana requires that two separately elected legislatures approve an amendment for it to be put to a popular vote. The proposed amendment passed both houses of the legislature in 2005,[3] and then again in 2011. If passed again in 2014, it will appear on the ballot in the same year.[4] On June 25, 2014, U. S. District Court Judge Young declared Indiana's DOMA to be unconstitutional, and same-sex couples immediately began to secure marriage licenses.[5]

Domestic partnerships

Map of Indiana counties and cities that offer domestic partner benefits either county-wide or in particular cities.
  City offers domestic partner benefits
  County-wide partner benefits through domestic partnership
  County or city does not offer domestic partner benefits

There is no recognition of domestic partnerships at the state level in Indiana.

Bloomington

In 1997, Bloomington established domestic partnerships for unmarried city employees.[6]

Carmel

Carmel has established domestic partnerships for unmarried city employees.[6]

Indianapolis

On August 13, 2012, the Indianapolis City-County Council, in a 20-8 bipartisan vote in favor of establishing domestic partnerships for all married and unmarried employees of the city and county. On August 23, 2012, Mayor Greg Ballard signed it into law. On January 1, 2013, the law went into effect.[6][7]

Adoption and parenting

Indiana statutes permit single LGBT persons to adopt. The state Court of Appeals ruled in 2006 that unmarried couples, including same-sex couples, may adopt as well. Some local courts have also supported the right of a same-sex partner to adopt his or her same-sex partner's biological or adopted child.[8]

Discrimination protection

Map of Indiana counties and cities that have sexual orientation and/or gender identity anti–employment discrimination ordinances
  Sexual orientation and gender identity with anti–employment discrimination ordinance
  Sexual orientation with anti–employment discrimination ordinance and gender identity solely in public employment
  Sexual orientation and gender identity solely in public employment

Governor Joe Kernan issued an Executive Order in 2004 protecting state employees from discrimination based on sexual orientation as well as gender identity and expression. In 2005, Governor Mitch Daniels added the terms "sexual orientation" and "gender identity" to the list of protected categories in state employment covered by the state's Equal Employment Opportunity policy.[9]

The counties of Marion[10] and Monroe,[10] along with the cities of Bloomington,[10] Evansville,[10] Indianapolis,[10] New Albany,[11] South Bend,[10] and West Lafayette[12] prohibit employment discrimination on the basis of sexual orientation and gender identity.

The county of Tippecanoe[13] and the cities of Fort Wayne,[13] Lafayette,[13] Michigan City,[13] and Terre Haute[13] prohibit employment discrimination on the basis of sexual orientation only.

Hate crime

Indiana collects data on "bias crimes" which include sexual orientation bias but does not criminalize them as a hate crime nor alter proposed sentencing requirements due to sexual orientation bias.[14] [15]

Living conditions summary

Same-sex sexual activity legal Yes (since 1977)[16]
Equal age of consent Yes [17]
Anti-discrimination laws in employment (Varies by County)
Anti-discrimination laws in the provision of goods and services Unknown
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) No (Varies by County)
Same-sex marriages Yes (Since Oct 2014)[18]
Step-child adoption by same-sex couples Yes [19]
Joint adoption by same-sex couples Yes [20]
Gays and lesbians allowed to serve openly in the military Yes (since 2013) [21]
Right to change legal gender Yes [22]
Access to IVF for lesbians Unknown
Commercial surrogacy for gay male couples Unknown
Hate Crime Data Collection for Sexual Orientation Bias Yes (Since 2003) [23] [24]
Hate Crime Data Collection for Gender Identity Bias No
Hate Crime Specialized Sentencing Guidelines for Sexual Orientation Bias No
Hate Crime Specialized Sentencing Guidelines for Gender Identity Bias No

References

  1. ^ Indiana Sodomy Law
  2. ^ "Supreme Court rejects gay marriage appeals from Indiana". WTHR - Indiana's New Leader. WTHR 13 - Indianapolis. Retrieved 6 October 2014. 
  3. ^ "Indiana State Senate to take action on marriage amendment," January 15, 2010, accessed April 9, 2011; WISHtv: Jim Shella, "Gay marriage ban goes to Indiana House once again", January 28, 2010, accessed April 9, 2011
  4. ^ Allen, Kevin (March 29, 2011). "Indiana Senate OKs amendment to ban gay marriages". WSBT. Retrieved August 20, 2013. 
  5. ^ Young, Richard L. (June 25, 2014). "Lee v. Pence, and Fujii v. Pence, Baskin v. Bogan"ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ... three cases, . U.S.D.C. S.D. Ind. Retrieved June 25, 2014. 
  6. ^ a b c "Indy passes benefits for domestic partners". IDS. Retrieved December 10, 2013. 
  7. ^ "Indianapolis Mayor Greg Ballard OKs domestic partner benefits". Indy Star. Retrieved February 21, 2014. 
  8. ^ Indiana Adoption Law
  9. ^ Baptist Press: James Patterson, "'Sexual orientation' policy remains sore spot for Ind. governor," August 5, 2005, accessed April 9, 2011
  10. ^ a b c d e f "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity".  
  11. ^ Schneider, Grace (August 22, 2012). "New Albany anti-discrimination law draws raves from Kentucky".  
  12. ^ "West Lafayette Human Relations Commission". City of West Lafayette. Retrieved April 13, 2012. 
  13. ^ a b c d e "Sexual Orientation and Gender Identity Now Protected in Marion County". Hall, Render, Killian, Heath & Lyman. February 9, 2006. Retrieved January 2, 2013. 
  14. ^ "A Guide to State Level Advocacy Following Enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act". Human Rights Campaign. Human Rights Campaign. Retrieved 12 October 2014. 
  15. ^ "Indiana Code 10-13-3 - Criminal History Information". Indiana General Assembly. Retrieved 12 October 2014. 
  16. ^ Indiana Sodomy Law
  17. ^ "Indiana Code 35-42-4". Retrieved 9 June 2011. 
  18. ^ "Supreme Court rejects gay marriage appeals from Indiana". WTHR - Indiana's New Leader. WTHR 13 - Indianapolis. Retrieved 6 October 2014. 
  19. ^ Indiana Adoption Law
  20. ^ Indiana Adoption Law
  21. ^ McCloskey, Megan; Carroll, Chris (June 26, 2013). "Supreme Court strikes down DOMA; Hagel promises benefits ASAP". Stars & Stripes. Retrieved June 27, 2013. 
  22. ^ Susan's Place Transgender Resources http://wiki.susans.org/Changing_sex_on_birth_certificates_in_the_US#Indiana . Retrieved 12 October 2014. 
  23. ^ "A Guide to State Level Advocacy Following Enactment of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act". Human Rights Campaign. Human Rights Campaign. Retrieved 12 October 2014. 
  24. ^ "Indiana Code 10-13-3 - Criminal History Information". Indiana General Assembly. Retrieved 12 October 2014. 
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