- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent studies in Alabama show a discernible level of opposition to LGBTQ+ rights among the population.
OPPOSE
SUPPORT
History
Same-sex marriage in Alabama is legal.
Current status
Since Jun 26, 2015
Legal
The supreme court found that same-sex marriage is fundamental right, making it legal in all US states.
The ruling states that "the right to marry is protected by the Constitution ... This analysis compels the conclusion that same-sex couples may exercise the right to marry"
The ruling states that "the right to marry is protected by the Constitution ... This analysis compels the conclusion that same-sex couples may exercise the right to marry"
Censorship of LGBT Issues in Alabama is state-enforced.
Current status
Since Jul 1, 2022
State-enforced
AL HB322 mandates that:
An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.
The State Board of Education shall adopt rules for the implementation and enforcement of this section.
It was signed by Gov. Kay Ivey on April 7th 2022 and will go into effect on the first day of the third month following said signature.
An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.
The State Board of Education shall adopt rules for the implementation and enforcement of this section.
It was signed by Gov. Kay Ivey on April 7th 2022 and will go into effect on the first day of the third month following said signature.
State-enforced
AL HB385 (2021), signed by Governor Kay Ivey in April of 2021, amended Section 16-40A-2, Code of Alabama 1975 to strike an emphasis in the state's public sex education that "in a factual manner and from a public health perspective, homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state."
In 2003 the US Supreme Court under LAWRENCE V. TEXAS made unconstitutional state anti-sodomy laws. Regardless, teachers in Alabama still had to emphasize that homosexuality was illegal.
In 2003 the US Supreme Court under LAWRENCE V. TEXAS made unconstitutional state anti-sodomy laws. Regardless, teachers in Alabama still had to emphasize that homosexuality was illegal.
Right to change legal gender in Alabama is legal, but requires surgery.
Current status
Legal, but requires surgery
To change birth certificate and drivers license. Missing non binary options on documents.
Legal recognition of non-binary gender in Alabama is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT discrimination in Alabama is illegal in some contexts.
Current status
Since Oct 16, 2017
Illegal in some contexts
There is full discrimination protections in the city of Birmingham, Montevallo. Full state employment discrimination protections pending. Also protected under Section VII, as well under the case of Glenn v. Brumby.
Until Oct 16, 2017
No protections
No protections against discrimination.
LGBT employment discrimination in Alabama is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Until Jun 15, 2020
No protections
There are no legal protections for people who are LGBT in regards to employment.
LGBT housing discrimination in Alabama is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Same-sex adoption in Alabama is legal.
Current status
Since Jun 26, 2017
Legal
Single adoption, joint adoption by married couples and second parent adoption by married couples are legal.
Alabama however allows discrimination against LGBT people on the basis of religion, which means they can be refused adoption by some adoption agencies. They can also refuse to place a child with a next-of-kin family member if that family member happens to be LGBT.
Alabama however allows discrimination against LGBT people on the basis of religion, which means they can be refused adoption by some adoption agencies. They can also refuse to place a child with a next-of-kin family member if that family member happens to be LGBT.
Until Jun 26, 2017
Single only
Single Parent Adoption: married individuals wishing to adopt must be in a male-female marriage. An LGBT individual may adoption if they are unmarried. See Alabama State Statute § 26-10A-5.
Joint Adoption: Illegal for same-sex couples.
Second Parent Adoption: No legal under hostile Alabama case law regarding same-sex, second parent adoption. See Ex parte J.M.F., 730 So.2d 1190(Ala. 1998)
Joint Adoption: Illegal for same-sex couples.
Second Parent Adoption: No legal under hostile Alabama case law regarding same-sex, second parent adoption. See Ex parte J.M.F., 730 So.2d 1190(Ala. 1998)
Serving openly in military in Alabama is legal.
Current status
Since Sep 20, 2011
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Blood donations by MSMs in Alabama is legal.
Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral)
Blood donation centers follow the non-binding FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
US Equality Rank
#122
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