373
Appendix: State by
State Listing of Rights
Heather Posthumus
374Appendix
State by State Listing of Rights
State
Law Banning Discrimination Based
on Both Gender Identity and Sexual
Orientation (1)
Law Banning Discrimination Based
on Sexual Orientation Only (1)
Law Banning Foster Care or
Adoption for Same-Sex Parents (2)
Hate Crimes Based on Sexual
Orientation Only (3)
Hate Crimes Based on Sexual
Orientation and Gender Identity (3)
Same-Sex Relationship Recognition
Same-Sex Relationships
State Protects Students Against
Bullying (2)
State Prohibits Antigay Harassment
and/or Discrimination in Schools
States Voted Republican in 2012
Alabama No No There is no explicit
ban.
No No No Alabama Marriage
Protection Act” Ala.Code
§30-1-19. (b)(1998).
“Marriage is inherently a
unique relationship
between a man and a
woman.
There are
anti-bullying
laws, but no
specic
groups are
dened.
No Yes
Alaska No No There is no explicit
ban.
No No No ALASKA CONST. Art. I§25,
adopted 1998. “To be valid
or recognized in this State, a
marriage may exist only
between one man and one
woman.
There are
anti-bullying
laws, but no
specic
groups are
dened.
No Yes
Appendix375
Arizona No No There is no explicit
ban, however Ariz. Rev.
Stat. § 8-103 (c) (2011)
states: “If all relevant
factors are equal and
the choice is between
a married man and
woman certied to
adopt and a single
adult certied to adopt,
placement preference
shall be with a married
man and woman.
a
Yes No No statewide recognition,
but some local domestic
partnership registries are
available.
a
Ariz. Rev. Stat. §25-101(c)
(2008). “Only a union of one
man and one woman shall
be valid or recognized as a
marriage in this state.
There are
anti-bullying
laws, but no
specic
groups are
dened.
No Yes
Arkansas No No A.C.A. § 9-9-204 (2)(3)
(2013) The following
individuals may adopt:
“(2) An unmarried
adult;
(3)Theunmarried
father or mother of the
individual to be
adopted.
b
No No Pulaski County Circuit
Judge Christopher Piazza
said that the state’s 2004
voter-approved
constitutional
amendment that dened
marriage as between a
man and a woman
violates
kk
the constitution.
The state Supreme Court
has put a moratorium on
issuing marriage licenses
to same-sex couples while
it reviews a state appeal.
Ark. Const. Amend. 83. §1
(2004). “Marriage consists
only of the union of one
man and one woman.
d
There are
anti-bullying
laws with
sexual
orientation
and gender
identity
protections.
e
Yes Yes
Continued
376Appendix
State by State Listing of Rights
State
Law Banning Discrimination Based
on Both Gender Identity and Sexual
Orientation (1)
Law Banning Discrimination Based
on Sexual Orientation Only (1)
Law Banning Foster Care or
Adoption for Same-Sex Parents (2)
Hate Crimes Based on Sexual
Orientation Only (3)
Hate Crimes Based on Sexual
Orientation and Gender Identity (3)
Same-Sex Relationship Recognition
Same-Sex Relationships
State Protects Students Against
Bullying (2)
State Prohibits Antigay Harassment
and/or Discrimination in Schools
States Voted Republican in 2012
California Yes No CAL. FAM. CODE §
9000(b)) (2003).
Adomestic partner, as
dened in Section 297,
desiring to adopt a
child of his or her
domestic partner may
for that purpose le a
petition in the county
in which the petitioner
resides.
No, hate
crimes
cover both
gender
identity
and sexual
orientation.
Yes Full marriage equality:
and. Cal. Fam. Code
§308(b) (2008). A marriage
between two persons of
the same sex contracted
outside this state that
would be valid by the laws
of the jurisdiction in
which the marriage was
contracted is valid in this
state if the marriage was
contracted prior to
November 5, 2008.
Full marriage equality:
Proposition 8 directed
against same-sex marriage
ruled unconstitutional by
U.S. Supreme Court.
There are
anti-bullying
laws with
sexual
orientation
and gender
identity
protections.
f
Yes No

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