STATE

Year

Definition of "gender identity" Gender means sex, and includes a persons gender identity and gender expression. Gender expression means a persons gender-related appearance and behavior whether or not stereotypically associated with the persons assigned sex at birth. "Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status "Gender identity or expression" means a person's genderrelated identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth, which genderrelated identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, part of a person's core identity or not being asserted for an improper purpose.

consistent, uniform, Improper sincerely confusion Public purpose held w. sexuality accommodations

Employment Education Housing Credit

Citation

Web link

California

2003

http://www.leginfo.ca.gov/cgiCAL PEN. CODE 422.56; Cal Gov Code bin/displaycode?section=pen&group=00001-01000&file=422.55-422.57; 12926 and 12949 (2003); see also AB http://www.leginfo.ca.gov/cgi14, Civil Rights Act of 2007 bin/displaycode?section=pen&group=00001-01000&file=422.55-422.57 Colorado Revised Statutes 24-34-401; Colo. Rev. Stat. 2-4-401 (13.5).

Colorado

2007

http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_295.pdf

Connecticut

2011 Gender identity means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth. Gender identity may be demonstrated by consistent and uniform assertion of the gender identity or any other evidence that the gender identity is sincerely held as part of a persons core identity; provided, however, that gender identity shall not be asserted for any improper purpose.

Conn. Gen. Stat. 4a-60a(21). 46a-51(21) http://www.cga.ct.gov/2012/sup/chap001.htm#Sec1-1n.htm

Delaware

2013 "Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender related expression is different from that traditionally associated with the person's sex at birth."

AMEND TITLES 6, 9, 11, 18, 19, 25, AND 29 OF THE DELAWARE CODE RELATING TO HATE CRIMES AND DISCRIMINATION

http://legis.delaware.gov/LIS/LIS147.nsf/2bede841c6272c8880256984004 33a04/f879b9bd184e6ca785257b79005d65cc?OpenDocument&Highlight =0,Gender,identity

Hawaii

2005 "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or genderrelated identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult. "Gender identity" means a gender related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth.

HRS 489-2, HAW. REV. STAT. 515-2 (definitions)

http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch04760490/HRS0489/HRS_0489-0002.htm

Illinois

2005

(775 ILCS 5/1-103) (from Ch. 68, par. 1103) Iowa Code, Chapter 216; 216.2(10) (definitions) See ME. REV. STAT. ANN. tit. 5, 4553. The Maine Human Rights Act prohibits discrimination in employment, housing, credit, public accommodations and education opportunity. See ME. REV. STAT. ANN. tit. 5 4571-76 (employment), 4581-83 (housing), 4591-94F (public accommodations), 4595-98 (credit), 4601-04 (education opportunity)

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=077500050HArt% 2E+1&ActID=2266&ChapterID=64&SeqStart=100000&SeqEnd=600000 http://coolice.legis.state.ia.us/coolice/default.asp?category=billinfo&service=iowacode&ga=83&input=216

Iowa

2007

Maine

2005

"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression.

http://www.mainelegislature.org/legis/statutes/5/title5sec4553.html

Massachusetts

2011

Gender identity shall mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. Genderrelated identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, as part of a person's core identity; provided however, gender-related identity shall not be asserted for any improper purpose. Sexual orientation means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a selfimage or identity not traditionally associated with ones biological maleness or femaleness.

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleI/Chapter4/S ection7; employment: http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter1 GeneralLaws/PartIV/TitleI/Chapter272/S 51B/Section4; see ALL here: ection92a http://www.malegislature.gov/Laws/SessionLaws/Acts/2011/Chapter199

Minnesota

1993

MINN. STAT. 363A.01 to 363A.41; specifically 363A.02

https://www.revisor.mn.gov/statutes/?id=363A&view=chapter

Nevada

2011

Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the persons assigned sex at birth.

http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB211.pdf; http://www.leg.state.nv.us/nrs/NRS-338.html#NRS338Sec125; NRS 338.12, 613.330, 613.340, 613.350, http://www.leg.state.nv.us/nrs/NRS-613.html#NRS613Sec330; 613.380; pub accom NRS 233.150 http://www.leg.state.nv.us/nrs/NRS-233.html#NRS233Sec150 http://lis.njleg.state.nj.us/cgibin/om_isapi.dll?clientID=433007&Depth=4&TD=WRAP&advquery=GEND ER&headingswithhits=on&infobase=statutes.nfo&rank=&record={9}&soft page=Doc_Frame_Pg42&wordsaroundhits=2&x=0&y=0&zz=1%22&depth= 4&expandheadings=on&headingswithhits=on&hitsperheading=on&infoba se=statutes.nfo&rank=%20%20&record={3760}&softpage=Doc_Frame_PG N.J. Stat. 10:5-5(l), (rr).N.J. Stat. 10:5-4 42&wordsaroundhits=10&zz=

New Jersey

2006

"Gender identity or expression" means having or being perceived as having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth. Gender identity or expression includes transgender status. "Gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth." Sexual orientation means an individuals actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individuals gender identity, appearance, expression or behavior differs from that traditionally associated with the individuals sex at birth.

New Mexico

2003

N.M. Stat. Ann. 28-1-2(Q), 28-17, 28-1- http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main9 h.htm&2.0

Oregon

2007

Or. Rev. Stat. 174.100(6); 659A.403 Discrimination in place of public accommodation prohibited

http://www.leg.state.or.us/ors/174.html (definitions); http://www.leg.state.or.us/ors/659a.html (employment)

Rhode Island

2001

"gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth. The term "gender identity" means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or genderidentity, regardless of the individual's assigned sex at birth. "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, selfimage, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.

R.I. Gen. Laws 28-5-3 (2001), R.I. Gen. Laws 28-5-7 (2001), R.I. Gen. Laws 3437-4 (2001), R.I. Gen. Laws 34-37-4.3 (2001), R.I. Gen. Laws 11-24-2 (2001) (<<CRIMINAL violation) http://www.rilin.state.ri.us/Statutes/TITLE11/11-24/11-24-2.HTM

Vermont

2007

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=09&Chapter=13 21 V.S.A. 495; 9 V.S.A. 4503; 8 V.S.A. 9&Section=04502; 10403; 8 V.S.A. 4724; 3 V.S.A. 963 http://www.leg.state.vt.us/statutes/statutetextsearch.cfm

Washington

2006

WASH. REV. CODE. 49.60.130-175, 176, 178, 180, 190, 200, 215, 222-225, 300; http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60; Wash. Admin. Code 356-09-020 http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.215 http://www.hrc.org/laws-andlegislation/entry/colorado-healthcarelaws

STATE

Colorado

Definition (gender) "Sexual orientation" means a person's actual or perceived orientation toward heterosexuality, homosexuality, bisexuality, or transgender status "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth. "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult.

Year

confusion w. sexuality

Public accomm

Employment

Education

Housing

Credit

Citation

Web link http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/ sl_295.pdf

2007

Colorado Revised Statutes 24-34-401; Colo. Rev. Stat. 2-4-401 (13.5).

Illinois

2005

(775 ILCS 5/1-103) (from Ch. 68, par. 1-103) See ME. REV. STAT. ANN. tit. 5, 4553. The Maine Human Rights Act prohibits discrimination in employment, housing, credit, public accommodations and education opportunity. See ME. REV. STAT. ANN. tit. 5 4571-76 (employment), 4581-83 (housing), 4591-94F (public accommodations), 4595-98 (credit), 4601-04 (education opportunity).

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocNa me=077500050HArt%2E+1&ActID=2266&ChapterID=6 4&SeqStart=100000&SeqEnd=600000

Maine

"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, homosexuality or gender identity or expression. Sexual orientation means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity not traditionally associated with ones biological maleness or femaleness. Sexual orientation means an individuals actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individuals gender identity, appearance, expression or behavior differs from that traditionally associated with the individuals sex at birth.

2005

http://www.mainelegislature.org/legis/statutes/5/titl e5sec4553.html

Minnesota

1993

MINN. STAT. 363A.01 to 363A.41; specifically 363A.02

https://www.revisor.mn.gov/statutes/?id=363A&view =chapter

Oregon

2007

Or. Rev. Stat. 174.100(6); 659A.403 Discrimination in place of public accommodation prohibited

http://www.leg.state.or.us/ors/174.html (definitions); http://www.leg.state.or.us/ors/659a.html (employment)

Washington

"Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, selfimage, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth;

2006

WASH. REV. CODE. 49.60.130-175, 176, 178, 180, 190, 200, 215, 222225, 300; Wash. Admin. Code 356-09-020

http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60; http://apps.leg.wa.gov/rcw/default.aspx?cite=49.60.2 15

STATE

Year

EXCEPTION LANGUAGE for SEX

"gender identity" definition (overriding sex)

Public accommodations

citation of exception

exception web link, if available

Citation of GI defintion

Web link for GI defintion

Colorado

2007

Connecticut

2011

Delaware

2013

(3) Notwithstanding any other provisions of this section, it is not a discriminatory practice for a person to restrict admission to a place of public accommodation to individuals of one sex if "Sexual orientation" means a person's actual or perceived orientation such restriction has a bona fide relationship to the goods, services, facilities, privileges, toward heterosexuality, homosexuality, bisexuality, or transgender advantages, or accommodations of such place of public accommodation. status "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth , which gender-related identity can be shown by providing evidence including, but not limited to, medical history, care or treatment of the genderThe provisions of this section with respect to the prohibition of sex discrimination shall not related identity, consistent and uniform assertion of the gender-related apply to (A) the rental of sleeping accommodations provided by associations and identity or any other evidence that the gender-related identity is organizations which rent all such sleeping accommodations on a temporary or permanent sincerely held, part of a person's core identity or not being asserted for basis for the exclusive use of persons of the same sex or (B) separate bathrooms or locker an improper purpose. rooms based on sex. Gender identity means a gender-related identity, appearance, expression or behavior of a person, regardlessofthepersonsassigned A place of public accommodation may provide reasonable accommodations based on gender sex at birth . Gender identity may be demonstrated by consistent and identity in areas of facilities where disrobing is likely, such as locker rooms or other changing uniform assertion of the gender identity or any other evidence that the facilities, which reasonable accommodations may include a separate or private place for the gender identity is sincerely held as part of a persons core identity; use of persons whose gender-related identity, appearance or expression is different from provided, however, that gender identity shall not be asserted for any their assigned sex at birth, provided that such reasonable accommodations are not improper purpose. inconsistent with the gender-related identity of such persons. "Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender related expression, regardless of The provision of separate facilities or schedules for female and for male patrons does not whether that gender identity, gender-related self-image, genderconstitute a discriminatory practice when such separate facilities or schedules for female and related appearance, or gender related expression is different from that for male patrons are bona fide requirements to protect personal rights of privacy. traditionally associated with the person's sex at birth ."

Colorado Revised Statutes 24-34401; Colo. Rev. Stat. 2-4-401 C.R.S. 24-34-601(3) (13.5). http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_295.pdf http://www.dora.state.co.us/civil-rights/Statute_Regulations_Rules/Statutes.pdf

http://search.cga.state.ct. us/dtsearch_pub_statutes .html Conn. Gen. Stat. 4a-60a(21). (1) http://www.cga.ct.gov/2012/sup/chap001.htm#Sec1-1n.htm http://www.cga.ct.gov/2011/lcoamd/2011LCO06902-R00-AMD.htm

http://www.legis.delawar e.gov/LIS/lis147.nsf/vwLe gislation/HA+1+to+SB+97/ $file/legis.html?open TBD

http://legis.delaware.gov/LIS/LIS147.nsf/2bede841c6272c888025 698400433a04/f879b9bd184e6ca785257b79005d65cc?OpenDocu ment&Highlight=0,Gender,identity

Hawaii

2005

HRS 489-4

http://www.capitol.hawaii .gov/hrscurrent/Vol11_Ch 04760490/HRS0489/HRS_0489- HRS 489-2, HAW. REV. STAT. 0004.htm 515-2 (definitions)

http://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch04760490/HRS0489/HRS_0489-0002.htm

(775 ILCS 5/5-103) (from Ch. 68, par. 5-103) Sec. 5-103. Exemption. Nothing in this Article shall apply to: (A) Private Club. A private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages, or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation. (B) Facilities Distinctly Private. Any facility, as to discrimination based on sex, which is distinctly private in nature such as restrooms, shower rooms, bath houses, health clubs and other similar facilities for which the Department, in its rules and regulations, may grant exemptions based on bona fide considerations of public policy. (C) Inn, Hotel, Rooming House. Any facility, as to discrimination based on sex, which restricts the rental of rooms to individuals of one sex. Illinois 2006 Discrimination on the basis of sex involving the rental, leasing, or subleasing of a dwelling within which residents of both sexes would be forced to share a living area. This section does not prohibit an educational institution from maintaining separate toilet facilities, locker rooms, or living facilities for the different sexes so long as comparable facilities are provided. (216.9 (2))

(O) Sex. "Sex" means the status of being male or female. (O-1) Sexual orientation. "Sexual orientation" means actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identity, whether or not traditionally associated with the person's designated sex at birth . "Sexual orientation" does not include a physical or sexual attraction to a minor by an adult.

Iowa

2007

"Gender identity" means a gender related identity, appearance, expression, or behavior of a person, regardless of the person's assigned sex at birth.

216.12(f) EXCEPTIONS

http://www.ilga.gov/legisl ation/ilcs/ilcs4.asp?DocNa me=077500050HArt%2E+5 &ActID=2266&ChapterID= 64&SeqStart=2600000&Se qEnd=3200000 http://coolice.legis.iowa.g ov/coolice/default.asp?category= billinfo&service=iowacode &ga=83&input=216#216.1 Iowa Code, Chapter 216; 2 216.2(10) (definitions)

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=07750005 0HArt%2E+1&ActID=2266&ChapterID=64&SeqStart=100000&SeqE nd=600000

http://coolice.legis.state.ia.us/coolice/default.asp?category=billinfo&service=iowacode&ga=83&inpu t=216

Massachusetts

2011

5) a rest room, barber shop, beauty parlor, bathhouse, seashore facilities or swimming pool, except such rest room, bathhouse or seashore facility as maybe segregated on the basis of sex; or (10) a hospital, dispensary or clinic operating for profit; provided, however,that with regard to the prohibition on sex discrimination, this section shall not apply to a place of exercise for the exclusive use of persons of the same sex which is a bona fide fitness facility established for the sole purpose of promoting and maintaining physical and mental health through physical exercise and instruction, if such facility does not receive funds from a government source, nor to any corporation or entity authorized, created or chartered by federal law for the express purpose of promoting the health, social, educational vocational, and character development of a single sex; The provisions of section 363A.11 relating to sex, shall not apply to such facilities as restrooms, locker rooms, and other similar places. The provisions of section 363A.11 do not apply to employees or volunteers of a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, and other youth organizations, with respect to qualifications based on sexual orientation. Subd. 2.Athletic team, program, or event. The provisions of section 363A.11 relating to sex, do not apply to restricting membership on an athletic team or in a program or event to participants of one sex if the restriction is necessary to preserve the unique character of the team, program, or event and it would not substantially reduce comparable athletic opportunities for the other sex.

Gender identity shall mean a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth . Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held, as part of a person's core identity; provided however, gender-related identity shall not be asserted for any improper purpose.

GeneralLaws/PartIV/TitleI/Chapt http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Ch er272/Section92a apter272/Section92a

Minnesota

1993

Sexual orientation means having or being perceived as having an emotional, physical, or sexual attachment to another person without regard to the sex of that person or having or being perceived as having an orientation for such attachment, or having or being perceived as having a self-image or identity nottraditionallyassociatedwithones biological maleness or femaleness.

https://www.revisor.mn.g ov/statutes/?id=363A&vie MINN. STAT. 363A.01 to MINN. STAT. 363A.24 w=chapter 363A.41; specifically 363A.02

https://www.revisor.mn.gov/statutes/?id=363A&view=chapter

Nevada

2011

Certain promotions based on sex do not constitute an unlawful discriminatory practice in public accommodations. Notwithstanding any provision of this chapter, it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to offer differential pricing, discounted pricing or special offers based on sex to promote or market the place of public accommodation. (CASINOS ARE POWERFUL BUSINESS)

Gender identity or expression means a gender-related identity, appearance, expression or behavior of a person, regardless of the personsassignedsexatbirth .

NRS 233.205; http://www.leg.state.n v.us/nrs/NRS233.html#NRS233Sec20 5

NRS 338.12, 613.330, 613.340, 613.350, 613.380; pub accom NRS 233.150

http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB211.pdf ; http://www.leg.state.nv.us/nrs/NRS-338.html#NRS338Sec125; http://www.leg.state.nv.us/nrs/NRS-613.html#NRS613Sec330; http://www.leg.state.nv.us/nrs/NRS-233.html#NRS233Sec150

New Mexico

2003

Nothing contained in the Human Right Act apply to public restrooms, public showers, public dressing facilities or sleeping quarters in public institutions, where the preference or limitation is based on sex.

"gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth ." "gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; whether or not that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth .

N.M.Stat. Ann. 28-19(E); Current document: Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 28 Human Current document: Rights > ARTICLE 1 Statutes, Rules and Const. > NMSA (Unannotated) > CHAPTER 28 Human Rights > 28-1-9. N.M. Stat. Ann. 28-1-2(Q), 28- Human Rights > ARTICLE 1 Human Rights > 28-1-2. Definitions. Exemptions. (2004) 17, 28-1-9 (2007) http://public.nmcompcomm.us/nmpublic/gateway.dll/?f=templates&fn=default.htm R.I. Gen. Laws 28-5-3 (2001), R.I. Gen. Laws 28-5-7 (2001), R.I. Gen. Laws 34-37-4 (2001), http://www.rilin.state.ri.u R.I. Gen. Laws 34-37-4.3 s/Statutes/TITLE11/11- (2001), R.I. Gen. Laws 11-24-2 24/11-24-3.1.HTM (2001) (<<CRIMINAL violation)

Rhode Island

2001

Sex discrimination -- Limitation on prohibition Nothing contained in this chapter that refers to sex shall be construed to mandate joint use of restrooms, bath houses, and dressing rooms by males and females.

R.I. Gen. Laws 11-243.1 (2011) 11-24-3.1.

http://www.rilin.state.ri.us/Statutes/TITLE11/11-24/11-24-2.HTM