LGBT rights in Alabama
Lesbian, gay, bisexual, and transgender (LGBT or LGBTQ) individuals in Alabama face legal challenges and discrimination not experienced by non-LGBTQ Alabamians. LGBTQ rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are limited in comparison to most other states. Law regarding same-sex sexual activity. 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. On May 23, 2019, the Alabama House of Representatives passed, with 101 voting yes  and 3 absent, Alabama Senate Bill 320, which repeals the ban on "deviate sexual intercourse". On May 28, 2019, the Alabama State Senate passed Alabama Senate Bill 320, with 32 yea and 3 absent. The bill took effect on September 1, 2019. The age of consent in Alabama is 16 years old; however, sexual contact is legal with someone under 16 years and within 2 years of the older individual. In 2019, this provision was extended to members of the same sex. It had previously only been allowed for individuals of the opposite sex. A few other US states still  keep these types of age-of-consent clauses, exclusively applying them to individuals of opposite sexes. Recognition of same-sex relationships. From February 9, 2015 to March 3, 2015, 47 of the state's 67 counties issued marriage licenses to same-sex couples. On March 3, 2015, the Alabama Supreme Court ruled in the case of "Ex parte State ex rel. Alabama Policy Institute and Alabama Citizens Action Program v. King and State v. King" that Alabama's ban on same-sex marriage did not violate the United States Constitution. From March 3, 2015 to June 26, 2015, Alabama's  probate judges ceased issuing marriage licenses to same-sex couples or marriage licensees altogether. From June 26, 2015, to August 29, 2019, some Alabama's probate judges stopped issuing marriage licensees altogether. On August 29, 2019, the final eight counties in Alabama began issuing marriage certificates to all couples. Although unenforceable, Executive Order Number 24 by Governor Fob James, Alabama Code § 30-1-19, and Amendment 774 of the Constitution of the State of Alabama, which prohibits any recognition or issuance of same-sex marriage licenses, same-sex common law marriage, or a union replicating marriage, has yet to be  repealed. Adoption rights and parenting. Alabama permits adoption by same-sex couples. Child Placing Agency Inclusion Act. Alabama is one of the few states to have a law protecting the right of faith-based adoption agencies to refuse to place a child with a certain couple or individual due to the agency's religious beliefs. The law was signed by Governor Kay Ivey in May 2017. Discrimination protections. Federal law. Since 2011, gender identity has been applied to the definition of sex in Title VII of the Civil Rights Act of 1964 within the jurisdiction of the United States Court  of Appeals for the Eleventh Circuit. Since 2020, sexual orientation has been applied to the definition of sex in Title VII of the Civil Rights Act of 1964. State level. Alabama state law does not address discrimination based on sexual orientation and gender identity in employment, housing, discrimination in public accommodations, addresses harassment and/or bullying of students, and discrimination against students. The state law has neither a ban on insurance exclusions for transgender healthcare nor does it provide transgender-inclusive health benefits to state employees. Local level. The city of Birmingham prohibits all discrimination on the basis of sexual orientation  and gender identity. It approved such protections in September 2017. The city of Montevallo passed a similar non-discrimination ordinance in April 2018, becoming the second city in the state to have such protections. Huntsville, Tuscaloosa, and Montgomery have public employment protections on the basis of both sexual orientation and gender identity. Hate crime law. Since 1994, Alabama has had a hate crime 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. On April 24, 2009, State Representative  Alvin Holmes introduced "HB533", a bill that would have added sexual orientation to the list of hate crime categories. State Representative Patricia Todd, the Legislature's first and only openly‐LGBTQ member, unsuccessfully attempted to add gender identity to the bill, but was opposed by Holmes and other legislators. Holmes said he believed that his bill covering only sexual orientation would protect persons victimized as a result of their gender identity. Holmes had introduced identical bills in previous sessions: "HB829" (2008), "HB247" (2007), "HB57" (2006), "HB423" (2001), "HB85" (2000), and has pushed for the inclusion of sexual orientation in the hate  crime law since at least 1999. In April 2009, the Alabama House of Representatives passed Holmes' bill by a vote of 46 to 41. The Alabama Senate Judiciary Committee later approved the bill, but the full Senate took no action on it before the Legislature adjourned on May 15, 2009. "HB413" (2016) was sponsored by Todd and Representative Juandalynn Givan to add protections for sexual orientation and gender identity and "HB8" (2017), but neither bill made it to a vote. The "Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act", approved by the United States Congress and signed into  law by President Barack Obama in October 2009, bans such hate crimes federally. Education. Alabama within the past between 1992-2021, had a no promo homo law, which quoted - "That course materials and instruction that relate to sexual education or sexually transmitted diseases should include [...] an emphasis, in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state." (Ala. Code § 16-40A-2) No homo promo 1992 law repealed. In April 2021, the Alabama Legislature passed a  bill to repeal all archaic references to the public health of both "homosexuality and HIV/AIDS" explicitly listed within Alabama's sex education laws from 1992. The Governor of Alabama Kay Ivey signed the bill into law effective immediately. Transgender rights. Gender affirming healthcare. On April 8, 2022, Governor Kay Ivey signed the Vulnerable Child Compassion and Protection Act, making it a Class C felony for a medical provider to give gender-affirming healthcare (including puberty blockers, hormones, or surgeries) to a minor. The medical provider can be punished by 10 years in prison. The bill had been introduced in  previous years, and the Alabama Legislature passed it in early 2022. Transgender persons born in Alabama may request an amended birth certificate with a changed name and sex after undergoing sex reassignment surgery. In January 2021, the requirement for sexual reassignment surgery was declared unconstitutional by a federal judge. Transgender sports ban. Since July 1, 2021, Alabama requires single-sex sports teams in public schools to consider a student's "biological sex". The Alabama Legislature passed the bill earlier that year, and Governor Kay Ivey signed it. Bathroom ban. A bill to require students to use school bathrooms consistent with  the gender on their birth certificate passed the Alabama House of Representatives in February 2022 and the Alabama Senate in April 2022. The Senate version included an amendment to ban K–5 classroom "instruction" on sexuality and gender. The House will consider the amended version, and it also requires the governor's signature before it takes effect. Politics. Patricia Todd, a member of the Alabama House of Representatives, was elected in November 2006 and became the first ever openly gay elected official in the state of Alabama. In September 2013, she married her wife, Jennifer Clarke, in Massachusetts. In the 2018  Alabama House of Representatives election, Neil Rafferty, a former member of the United States Marine Corps, was elected to represent the 54th House District of Alabama. Rafferty became Alabama's first openly gay congressman. He resides in Birmingham with his husband Michael Rudulph. Public opinion. A 2017 Public Religion Research Institute (PRRI) poll found that 42% of Alabamians supported same-sex marriage, while 51% were opposed. 7% were undecided. Nevertheless, the same poll also found that 58% supported an anti-discrimination law covering sexual orientation and gender identity. 34% were against. Additionally, 51% were against allowing public businesses to refuse  to serve LGBT people due to religious beliefs, while 41% supported allowing such religiously-based refusals.