LGBTQIA+ Legal Rights
One of the primary concerns of the LGBTQIA+ rights movement is the legal protections afforded to LGBTQIA+ individuals. Though many victories have been won, LGBTQIA+ people still lack many rights. What protections do you currently have, and what are we still fighting for? This page will outline your rights and protections as a LGBTQIA+ individual in the USA.
01
Is same-sex sexual activity illegal?
No. Same-sex intercourse has been legal nationwide, including in the military, in the United States since 2003.
02
03
Can LGBTQIA+ individuals adopt?
In all states, LGBTQIA+ individuals are legally allowed to adopt children. However, whether or not same-sex couples can joint adopt varies by state. In Wisconsin, same-sex couples have the right to joint adopt children.
04
Can LGBTQIA+ individuals serve openly in the military?
As of 2011, when President Obama rescinded "Don't Ask, Don't Tell", individuals cannot be barred from serving in the military due to their sexual orientation.There is no legal ban on transgender individuals serving in the military, but military policy bars anyone with a "past or current history of [...] transsexualism" from serving.
05
Are sexual orientation or gender identity included under federal hate crime laws?
Yes. Crimes motivated by a victim's actual or percieved sexual orientation or gender identity were classified as hate crimes under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act.
06
Is "ex-gay" conversion therapy legal?
In most states, yes. California, New Jersey, and the District of Columbia ban mental health practictioners from subjecting minors to this "therapy." However, conversion therapy is legal in Wisconsin.
07
What are the "gay panic" and "trans panic" defenses, and are they legal?
"Gay panic" refers to is a legal defense against charges of assault or murder, in which the defense claims to have subjected to romantic or sexual advances by a LGBQ+ person, and found the advances so offensive and frighting that it brings on a psychotic state that causes them to assault or murder the person making the advances. "Trans panic" is a similar defense, but in these cases the victim is a transgender or intersex person. These defenses are legal in all states except California, as of 2014.
08
Are there anti-bullying laws for LGBTQIA+ students?
Yes, but these vary by state. Several states specifically prohibit bullying on the basis of sexual orientation or gender identity, but Wisconsin is not one of them. These laws only apply to public schools or colleges.
09
What about non-discrimination laws?
There are many anti-discrimination laws, but they all vary by state. Multiple states prohibit discrimination based on sexual orientation or gender identity in housing, employment, public accommodations. Wisconsin only prohibits discrimination on the basis of sexual orientation. Similarly, while multiple states prohibit discrimination based on sexual orientation or gender identity in public schools and college, Wisconsin only prohibits discrimination on the basis of sexual orientation.
10
Are public schools required to include LGBTQIA+ positive sex education?
Only a few. Many states have laws that ban teachers from teaching LGBTQIA+ positive sex education or portraying LGBTQIA+ identities in a positive light at all. Wisconsin neither requires nor bans LGBTQIA+ positive sex education.
11
Can transgender people change their legal gender without undergoing surgery?
On some documents, in some states. Birth certificates are the most difficult to change. Most states require transgender people to undergo sex realignment surgery, and some will not change the gender marker at all. Wisconsin will change name and gender markers only after surgery.
12
13
Are insurance companies required to cover transition-related care?
Only in some states. The federal government no longer excludes transition-related care under Medicare, but does not require insurance companies to cover transition-related care. Wisconsin is not one of the states that requires insurance companies to cover transition-related care.
Can transgender people vote if their gender does not match their ID?
It depends on the state. There are varying voter ID laws that may disenfranchise transgender voters. However, Wisconsin does not currently have any voter ID laws that would restrict transgender people from voting.