LGBT rights in Alabama

LGBT rights in Alabama
Alabama (USA)
Same-sex sexual activity legal?	Legal since 2003 (Lawrence v. Texas) Prior to 2003, illegal, all sexes; misdemeanor punishable by up 1 year imprisonment and $2000 fine
Recognition of relationships	None
Restrictions:	Alabama Sanctity of Marriage Amendment limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions
Adoption	No provision either way
Discrimination protections	None (see below)

Although same-sex sexual activity is legal in Alabama, same-sex couples are not eligible for all of the same protections available to opposite-sex married couples.

Law regarding same-sex sexual activity

See also: Sodomy laws in the United States#State laws prior to 2003 invalidation

Same-sex sexual activity has been legal in Alabama since 2003, when the United States Supreme Court decision in Lawrence v. Texas struck down all state sodomy laws.

As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Alabama legislators

Recognition of same-sex couples

Since the passage of the Alabama Sanctity of Marriage Amendment by 81% in June 2006, both same-sex marriage and civil unions have been banned by Alabama's state constitution.^[1]

Parenting

Alabama permits adoption by individuals. State law does not prohibit LGBT person from adopting either singly or as a couple, but non court ruled in a case that raised the issue.^[2]

Hate crimes laws

Since 1994, Alabama has had a state‐specific hate crimes law applicable to “race, color, religion, national origin, ethnicity, or physical or mental disability.” The current law does not apply to crimes committed on account of sexual orientation or gender identity.^[3]

On April 24, 2009, State Representative Alvin Holmes introduced HB533, a bill that would have added sexual orientation to the list of hate crime qualifications;^[4] it was passed by the Alabama House of Representatives by a margin of 46 to 41.^{[5][6][dead link][7]} The bill was subsequently passed by the Alabama Senate Judiciary Committee, but was not acted upon by the full senate before the legislature adjourned on May 15, 2009;^[8] this inaction effectively killed the bill.^{[6][dead link]}

State Representative Patricia Todd, the legislature's first and only openly‐LGBT member, had unsuccessfully attempted to add gender identity to the failed bill via legislative amendment but was opposed by Holmes and other legislators. Holmes justified his position with the thought that his bill (which only explicitly covered sexual orientation) would nevertheless protect persons victimized as a result of their gender identity.^[7] Holmes had introduced identical bills in previous sessions: HB829 (2008),^[9] HB247 (2007),^[10] HB57 (2006),^[11] HB423 (2001),^[12] HB85 (2000),^[13] and has pushed for the inclusion of sexual orientation in the hate crimes law since, at least, 1999.^[14]

Gender identity

Transsexual persons born in Alabama may request an amended birth certificate with a corrected name and sex after undergoing sex reassignment surgery.^[15]

See also

	LGBT portal
	Alabama portal

• Politics of Alabama
• LGBT rights in the United States
• Rights and responsibilities of marriages in the United States

References

1. ^ Baptist Press: Michael Foust, "Ala. becomes 20th state to pass marriage amendment," June 7, 2006, accessed July 5, 2011
2. ^ Human Rightts Campaign: Alabama Adoption Law, accessed July 5, 2011
3. ^ Alabama Hate Crimes Law
4. ^ Bills Sponsored by Representative Holmes: Regular Session 2009
5. ^ On gay rights, two steps forward, one step back in the Alabama house
6. ^ ^{a b} Alabama pays for Legislature’s dead bills
7. ^ ^{a b} House Oks adding sexual orientation to hate crimes law, which now goes to Senate
8. ^ Session Adjourn / Convene
9. ^ Bills Sponsored by Representative Holmes: Regular Session 2008
10. ^ Bills Sponsored by Representative Holmes: Regular Session 2007
11. ^ Bills Sponsored by Representative Holmes: Regular Session 2006
12. ^ Bills Sponsored by Representative Holmes: Regular Session 2001
13. ^ Bills Sponsored by Representative Holmes: Regular Session 2000
14. ^ Committee adds sexual orientation to hate crimes
15. ^ Human Rights Campaign: Alabama Birth Certificate Law: Gender Identity Issues, accessed July 5, 2011