The Current State of Indiana Equality

The Current State of Indiana Equality

See below for a breakdown of how the Hoosier State stacks up concerning LGBTQIA rights.  

In a nutshell – Indiana has no state-wide legal protections for lesbian, gay, bisexual, queer, intersex, and transgender Hoosier citizens to help secure their rights to employment, housing, or to provide protection for their loving partnerships.

Do you see something that is not accurate on this list?  Please contact us.

TOPIC INDIANA LGBT STATUS NOTES
Marriage Equality NO EQUALITY Indiana currently defines marriage as only being between one man and one woman as noted in IC 31-11-1-1. While same-sex couples may in some cases achieve similar arrangements by written documents like wills and contracts, these usually require legal expense that married couples need not incur. In many important situations no amount of legal drafting can achieve equality. What’s more, if a proposed amendment to Indiana’s Constitution called the Indiana Marriage Discrimination Amendment “HJR-6” were to pass, no law or other measure could be passed giving same-sex couples any legal recognition “substantially similar” to marriage.  Legal scholars worry that this essentially means no recognition at all.
Employment Discrimination

VERY LIMITED SUPPORT 

 Indiana has no state-wide legal protection for employment termination if the cause was due to the sexual orientation, gender identity, or gender expression.  In other words – gay Hoosiers can be legally fired solely due to their sexual orientation.  Only Indianapolis, Bloomington, and Evansville provide employment discrimination protection in their municipal codes under Title III, Chapter 583, Sections 501-503 and Title, Chapter 21.020, for Indianapolis and Bloomington respectively.
Housing Discrimination

VERY LIMITED SUPPORT 

 Indiana has no state-wide legal protection for housing discrimination if the cause was due to sexual orientation, gender identity, or gender expression.  In other words – your landlord could legally prevent you from renting an apartment because you happen to be transgender.  Only Indianapolis, Bloomington, and Evansville provide housing discrimination protection in the municipal codes under Title III, Chapter 583, Sections 501-503 and Title , Chapter 21.020, for Indianapolis and Bloomington respectively.
Public Health Employee Plans VERY LIMITED SUPPORT
 Indiana state employees cannot obtain health benefits for their same-sex partners. (Source)

  • A number of Indiana public educational institutes and some local governments offer same-sex health benefits.  Health care benefits for retirees’ same-sex partners are not provided. (Source)
  • A number of private employers offer same-sex health benefits.
  • Due to the federal Defense of Marriage Act, same-sex benefits are taxed as incremental income.  Thus, those in same-sex partnerships must pay more in taxes for the same benefit than married heterosexual couples.  In many cases this can add thousands of dollars to the cost of health insurance.
LGBT Hate Crimes

NO SUPPORT

 Indiana does not offer state-wide legal protection to hate crimes based on sexual orientation.
Anti-Bullying Protection

NO SUPPORT

 Indiana does not offer state-wide legal protection to hate crimes based on sexual orientation or gender identity.
Adoption Rights

EQUALITY Not ACHIEVED

 Indiana does not explicitly prevent adoption by LGBT individuals nor does it prevent second-parent (i.e., same-sex partner) adoption. (Source)
Suicide Prevention

NO SUPPORT

 Indiana has no publicly funded state-wide or locally supported LGBT suicide prevention programs.

Indiana LGBTQIA Population Statistics

  • Total Adult Population: 4,875,504
  • LGBT Population: 162,340
  • LGBT % of State Population: 3.3%
  • Percentage of Same-Sex Couples Raising Children: 23%
  • Source: Movement Advancement Project