Indiana

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

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Indiana face some legal challenges not experienced by non-LGBT residents, but the Hoosier State became the 20th state to allow same-sex marriage. Same-sex sexual activity is legal in Indiana, and, since June 25, 2014, same-sex couples have marriage equality with opposite-sex married couples.

Law regarding same-sex sexual activity[edit]

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

Recognition of same-sex relationships[edit]

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

By statute, Indiana only recognizes marriages between a man and a woman and denies recognition to other forms of same-sex unions.[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]

Currently there is no recognition of domestic partnerships at the statewide level in Indiana. The cities of Bloomington,[6] Carmel,[6] and the city-county of Indianapolis[6][7] have established domestic partnerships for unmarried city employees.

Adoption and parenting[edit]

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[edit]

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[edit]

Indiana has no hate crimes statute.[14]

References[edit]

  1. Indiana Sodomy Law
  2. Indiana Marriage/Relationship Recognition Law
  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). "ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ... three cases, Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence". U.S.D.C. S.D. Ind. Retrieved June 25, 2014. 
  6. 6.0 6.1 6.2 "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. 10.0 10.1 10.2 10.3 10.4 10.5 "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013. 
  11. Schneider, Grace (August 22, 2012). "New Albany anti-discrimination law draws raves from Kentucky". The Courier-Journal. Retrieved January 3, 2013. "New Albany’s new law bans discrimination in employment, education, housing and public accommodations based on an individual’s actual or perceived [...] sexual orientation, gender identity" 
  12. "West Lafayette Human Relations Commission". City of West Lafayette. Retrieved April 13, 2012. 
  13. 13.0 13.1 13.2 13.3 13.4 "Sexual Orientation and Gender Identity Now Protected in Marion County". Hall, Render, Killian, Heath & Lyman. February 9, 2006. Retrieved January 2, 2013. 
  14. Indiana Hate Crimes Law


MAP Equality Map[edit]

Organizations[edit]

LGBT organizations[edit]

LGBT community centers[edit]

LGBT youth organizations[edit]

Higher education LGBT resource offices[edit]

Anti-LGBT Industry[edit]

References[edit]

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  1. Indiana Sodomy Law
  2. Indiana Marriage/Relationship Recognition Law
  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). "ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ... three cases, Baskin v. Bogan, Fujii v. Pence, and Lee v. Pence". U.S.D.C. S.D. Ind. Retrieved June 25, 2014. 
  6. 6.0 6.1 6.2 "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. 10.0 10.1 10.2 10.3 10.4 10.5 "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013. 
  11. Schneider, Grace (August 22, 2012). "New Albany anti-discrimination law draws raves from Kentucky". The Courier-Journal. Retrieved January 3, 2013. "New Albany’s new law bans discrimination in employment, education, housing and public accommodations based on an individual’s actual or perceived [...] sexual orientation, gender identity" 
  12. "West Lafayette Human Relations Commission". City of West Lafayette. Retrieved April 13, 2012. 
  13. 13.0 13.1 13.2 13.3 13.4 "Sexual Orientation and Gender Identity Now Protected in Marion County". Hall, Render, Killian, Heath & Lyman. February 9, 2006. Retrieved January 2, 2013. 
  14. Indiana Hate Crimes Law