*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
60 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in foster care based on sexual orientation and gender identity
9 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in foster care based on sexual orientation only
31 % of LGBTQ population lives in states which have no explicit protections against discrimination in foster care based on sexual orientation or gender identity
26 % of LGBTQ population lives in states permitting state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
60 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in adoption based on sexual orientation and gender identity
5 % of LGBTQ population lives in states which have statutes, regulations, and/or agency policies prohibiting discrimination in adoption based on sexual orientation only
35 % of LGBTQ population lives in states which have no explicit protections against discrimination in adoption based on sexual orientation or gender identity
26 % of LGBTQ population lives in states permitting state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ people and same-sex couples, if doing so conflicts with their religious beliefs
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
100 % of LGBTQ population live in states where parents in legally recognized relationships have access to stepparent adoption statewide
46 % of LGBTQ population lives in states where parents can petition for second-parent adoption statewide, regardless of marital status
In addition to these explicit policies, several states have policies that prohibit discrimination based on “sex.” Although such policies do not explicitly prohibit discrimination based on gender identity and are therefore not included on this map, advocates may be able to utilize these protections to protect transgender youth as case law evolves.
This map also includes the states in which there are laws or regulations that require current and prospective foster parents and child welfare staff to receive training about LGBTQ youth in areas like cultural competency and legal requirements, as well as the states with laws requiring that transgender youth be placed in accordance with their gender identity. Only states with explicit legal guidance for transgender youth placement are included. These laws and regulations are designed to improve the safety and outcomes for LGBTQ youth in the child welfare system.
For more information, please contact Lambda Legal.
*Note: These percentages reflect estimates of the LGBTQ adult population living in the 50 states and the District of Columbia. Estimates of the LGBTQ adult population in the five inhabited U.S. territories are not available, and so cannot be reflected here.
74 % of LGBTQ population lives in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based on sexual orientation and gender identity
8 % of LGBTQ population lives in states that have statute, regulation, and/or agency policy that prohibits discrimination against youth in the child welfare system based only on sexual orientation
18 % of LGBTQ population lives in states that have no statute, regulation, and/or agency policy on discrimination based on sexual orientation and gender identity in child welfare
State | Foster Care | Adoption | LGBTQ Youth in Child Welfare |
Religious Exemptions in Child Welfare |
Citations | Citations | Citations | ||
Alabama | State does not have this law | |||
Alaska | ||||
American Samoa | ||||
Arizona |
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State does not have this law |
Arkansas | ||||
California |
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Colorado |
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Connecticut |
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Delaware |
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District of Columbia |
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Florida |
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Georgia | ||||
Guam | ||||
Hawaii |
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Idaho |
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State does not have this law | ||
Illinois |
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Indiana |
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Iowa |
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Kansas | State does not have this law | |||
Kentucky |
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Louisiana |
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Maine |
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Maryland |
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Massachusetts |
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Michigan |
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State does not have this law |
Minnesota |
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Mississippi |
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State does not have this law | ||
Missouri |
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Montana |
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Nebraska | ||||
Nevada |
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New Hampshire |
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New Jersey |
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New Mexico |
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New York |
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North Carolina |
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North Dakota |
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State does not have this law |
Northern Mariana Islands | ||||
Ohio |
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Oklahoma |
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State does not have this law | ||
Oregon |
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Pennsylvania | ||||
Puerto Rico |
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Rhode Island |
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South Carolina |
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State does not have this law |
South Dakota |
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State does not have this law |
Tennessee |
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State does not have this law |
Texas | State does not have this law | |||
U.S. Virgin Islands | ||||
Utah |
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State does not have this law | ||
Vermont |
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Virginia |
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State does not have this law | ||
Washington |
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West Virginia |
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Wisconsin |
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Wyoming |
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The term “sexual orientation” is loosely defined as a person’s pattern of romantic or sexual attraction to people of the opposite sex or gender, the same sex or gender, or more than one sex or gender. Laws that explicitly mention sexual orientation primarily protect or harm lesbian, gay, and bisexual people. That said, transgender people who are lesbian, gay or bisexual can be affected by laws that explicitly mention sexual orientation.
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