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|LGBT rights in Indiana|
|Same-sex sexual activity legal?||Legal since 1977|
|Gender identity/expression||State does not require SRS to alter sex on birth certificate|
|Same-sex marriage legal since 2014|
|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. 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.
- 1 Discrimination protection
- 2 Law regarding same-sex sexual activity
- 3 Recognition of same-sex relationships
- 4 Adoption and parenting
- 5 Hate crime
- 6 Living conditions summary
- 7 References
- 8 MAP Equality Map
- 9 Organizations
- 10 References
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.
The counties of Marion and Monroe, along with the cities of Bloomington, Evansville, Indianapolis, New Albany, South Bend, West Lafayette, and Carmel prohibit employment discrimination on the basis of sexual orientation and gender identity.
The counties of Lake and Tippecanoe and the cities of Fort Wayne, Lafayette, Michigan City, and Terre Haute prohibit employment discrimination on the basis of sexual orientation only.
On March 26, 2015, Mike Pence signed Indiana Senate Bill 101, also known as the Indiana "religious objections" bill, into law. The law's signing was met with widespread criticism by such organizations as the NCAA, Tim Cook, CEO of Apple, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce.com said it would halt its plans to expand in the state.
Law regarding same-sex sexual activity
Indiana decriminalized same-sex sexual activity in 1977.
Recognition of same-sex relationships
Same-sex marriage recognized under federal court decision in October 2014.
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, and then again in 2011. If passed again in 2014, it will appear on the ballot in the same year. 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.
There is no recognition of domestic partnerships at the state level in Indiana.
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.
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.
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. Gender identity is not included in the hate crime statutes as well.
Living conditions summary
|Same-sex sexual activity legal||(since 1977)|
|Equal age of consent|||
|Anti-discrimination laws in employment||(Varies by County)|
|Anti-discrimination laws in the provision of goods and services||(Varies by County)|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)||(Varies by County)|
|Same-sex marriages||(Since Oct 2014)|
|Step-child adoption by same-sex couples|||
|Joint adoption by same-sex couples|||
|Gays and lesbians allowed to serve openly in the military||(since 2013) |
|Right to change legal gender|||
|Access to IVF for lesbians||Unknown|
|Commercial surrogacy for gay male couples||Unknown|
|Hate Crime Data Collection for Sexual Orientation Bias||(Since 2003)|
|Hate Crime Data Collection for Gender Identity Bias|
|Hate Crime Specialized Sentencing Guidelines for Sexual Orientation Bias|
|Hate Crime Specialized Sentencing Guidelines for Gender Identity Bias|
- Patterson, James (August 5, 2005). "'Sexual orientation' policy remains sore spot for Ind. governor". Baptist Press. Retrieved April 9, 2011.
- "Cities and Counties with Non-Discrimination Ordinances that Include Gender Identity". Human Rights Campaign. Retrieved May 25, 2013.
- 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"
- "West Lafayette Human Relations Commission". City of West Lafayette. Retrieved April 13, 2012.
- http://www.indystar.com/story/news/2015/10/05/carmel-city-council-passes-anti-discrimination-ordinance/73400716/. Missing or empty
- "Sexual Orientation and Gender Identity Now Protected in Marion County". Hall, Render, Killian, Heath & Lyman. February 9, 2006. Retrieved January 2, 2013.
- "Indiana Gov. Pence defends religious objections law: 'This bill is not about discrimination'". The Chicago Tribune. Retrieved March 26, 2015.
- "NCAA 'concerned' over Indiana law that allows biz to reject gays". CNN. March 26, 2015. Retrieved March 26, 2015.
- Tom Davies (March 27, 2015). "Indiana officials look to stem religious objections fallout". Associated Press.
- "Thousands march in Indiana to protest law seen targeting gays". Reuters. March 29, 2015.
- "Hundreds rally against Indiana law, say it's discriminatory". Associated Press. March 28, 2015.
- Indiana Sodomy Law
- "Supreme Court rejects gay marriage appeals from Indiana". WTHR 13 Indianapolis. Retrieved October 6, 2014.
- "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
- Allen, Kevin (March 29, 2011). "Indiana Senate OKs amendment to ban gay marriages". WSBT. Retrieved August 20, 2013.
- 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.
- "Indy passes benefits for domestic partners". IDS. Retrieved December 10, 2013.
- "Indianapolis Mayor Greg Ballard OKs domestic partner benefits". Indy Star. Retrieved February 21, 2014.
- Indiana Adoption Law
- "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 October 12, 2014.
- "Indiana Code 10-13-3 - Criminal History Information". Indiana General Assembly. Retrieved October 12, 2014.
- "Indiana Code 35-42-4". Retrieved June 9, 2011.
- "Supreme Court rejects gay marriage appeals from Indiana". WTHR - Indiana's New Leader. WTHR 13 - Indianapolis. Retrieved October 6, 2014.
- McCloskey, Megan; Carroll, Chris (June 26, 2013). "Supreme Court strikes down DOMA; Hagel promises benefits ASAP". Stars & Stripes. Retrieved June 27, 2013.
- "Changing sex on birth certificates in the US". Susan's Place Transgender Resources. Retrieved October 12, 2014.
|This section has been transcluded from the MAP Equality Maps project. The content is made available on WikiQueer through a partnership with the Movement Advancement Project (MAP). Please visit the project's website for more information and to support MAP's work.|
LGBT community centers
LGBT youth organizations
Higher education LGBT resource offices
|Some content in this article from Wikipedia's WikiProject LGBT studies|
|The Wikipedia article is LGBT rights in Indiana|
|Special thank you to participants of Wikipedia's WikiProject LGBT studies!|