- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- Ambiguous
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Recent surveys in Hawaii have revealed a mixed response towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
History
Same-sex marriage in Hawaii is legal.
Current status
Since Dec 2, 2013
Legal
Gay couples tie the knot in Hawaii as same-sex marriage law kicks in
Other type of partnership
In 1997, the state established reciprocal beneficiary relationships, open to all couples as well as blood relatives, offering numerous spousal rights including the ability to sue for wrongful death, decisions about health care, proptery rights and co-tenancy, inheritance without a will, and insurance and state pensions.
Censorship of LGBT issues in Hawaii is no censorship.
Current status
No censorship
No censorship of lgbt in hawaii.
Right to change legal gender in Hawaii is ambiguous.
Current status
Since Jul 1, 2015
Ambiguous
Hawaii as of July 2015 started amending birth certificates with a licensed physician's approval, 5 years later Hawaii approved HB1165 to amend driver's licenses without proof of medical documentation. The birth certificate statue has not been amended since it's approval.
Gender-affirming care in Hawaii is legal.
Current status
Since Jun 16, 2022
Legal
The Health Department of Hawaii has issued a directory for gender affirming care for adults and families. House Bill 2405 offers gender affirming care under insurance. Adults and Minors are able to get gender affirming care under insurance. There are no other bills in Hawaii that specifically are for Gender Affirming Care.
Legal recognition of non-binary gender in Hawaii is recognized.
Current status
Since Jul 1, 2020
Recognized
Hawaii residents can self-identify as non-binary on official forms and ask for an X gender marker on state IDs.
LGBT discrimination in Hawaii is illegal.
Current status
Illegal
People are protected from discrimination based upon both sexual orientation and gender identification.
LGBT employment discrimination in Hawaii is sexual orientation and gender identity.
Current status
Since 2011
Sexual orientation and gender identity
Legal protections from discrimination based upon sexual orientation and gender identification exist.
LGBT housing discrimination in Hawaii is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
Additionally, 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)."
Additionally, 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 Hawaii is legal.
Current status
Since Oct 19, 2017
Legal
Hawaii allows all couples, including same-sex couples, to adopt.
Until Jul 24, 2016
Ambiguous
Any adult may petition, and married and civil union-ed couples must petition jointly per Revised Statute §578-1.
The status is ambiguous because second-parent adoption for same-sex couples varies by judge and county, and no decision by the lower court has been approved by case law in appellate court, nor by state statute.
The status is ambiguous because second-parent adoption for same-sex couples varies by judge and county, and no decision by the lower court has been approved by case law in appellate court, nor by state statute.
Intersex infant surgery in Hawaii is not banned.
Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Serving openly in military in Hawaii is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Hawaii is legal.
Current status
Since May 11, 2023
Legal under federal United States law
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) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Hawaii is banned.
Current status
Since Sep 7, 2016
Banned
Bill outlawing conversion therapy on the basis of sexual orientation and gender identity just got signed by the governor.
Until Sep 7, 2016
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.
United States Equality Rank
#226
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