*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.
40 % of LGBTQ population lives in states with insurance protections that include sexual orientation and gender identity
15 % of LGBTQ population lives in states with insurance protections that include only gender identity
0 % of LGBTQ population lives in states with insurance protections that include only sexual orientation
44 % of LGBTQ population lives in states that do not have LGBT-inclusive insurance protections
55 % of LGBTQ population lives in states that prohibit transgender exclusions in health insurance service coverage
2 % of LGBTQ population lives in states that permit insurers to refuse to cover gender-affirming care
*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.
55 % of the LGBTQ population lives in states that explicitly include gender-affirming care in its state employee health benefits
18 % of LGBTQ population lives in states that do not mention or has no clear policy regarding gender-affirming care in its state employee health benefits
27 % of LGBTQ population lives in states explicitly exclude gender-affirming care from its state employee health benefits
State | Private Insurance Nondiscrimination |
Transgender Inclusive Health Benefits for State Employees |
Citations | Citations | |
Alabama | ||
Alaska | ||
American Samoa | ||
Arizona | ||
Arkansas | State does not have this law | |
California |
![]() ![]() |
State has this law |
Colorado |
![]() ![]() |
|
Connecticut |
![]() ![]() |
State has this law |
Delaware |
![]() ![]() |
State has this law |
District of Columbia |
![]() ![]() |
State has this law |
Florida | State does not have this law | |
Georgia | State has this law | |
Guam | ||
Hawaii |
![]() ![]() |
State has this law |
Idaho | State does not have this law | |
Illinois |
![]() ![]() |
State has this law |
Indiana | State has this law | |
Iowa | ||
Kansas | State has this law | |
Kentucky | State has this law | |
Louisiana | State does not have this law | |
Maine |
![]() ![]() |
State has this law |
Maryland |
![]() ![]() |
State has this law |
Massachusetts |
![]() ![]() |
State has this law |
Michigan |
![]() ![]() |
|
Minnesota |
![]() ![]() |
State has this law |
Mississippi | State does not have this law | |
Missouri | ||
Montana |
![]() |
State has this law |
Nebraska | State does not have this law | |
Nevada |
![]() ![]() |
State has this law |
New Hampshire |
![]() ![]() |
State has this law |
New Jersey |
![]() ![]() |
State has this law |
New Mexico |
![]() ![]() |
|
New York |
![]() ![]() |
State has this law |
North Carolina | State has this law | |
North Dakota | State does not have this law | |
Northern Mariana Islands | ||
Ohio | State does not have this law | |
Oklahoma | State does not have this law | |
Oregon |
![]() ![]() |
State has this law |
Pennsylvania |
![]() ![]() |
State has this law |
Puerto Rico |
![]() |
|
Rhode Island |
![]() ![]() |
State has this law |
South Carolina | State does not have this law | |
South Dakota | State does not have this law | |
Tennessee | State does not have this law | |
Texas | State does not have this law | |
U.S. Virgin Islands | ||
Utah | State does not have this law | |
Vermont |
![]() ![]() |
|
Virginia |
![]() ![]() |
|
Washington |
![]() ![]() |
State has this law |
West Virginia | ||
Wisconsin |
![]() ![]() |
State has this law |
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.
“Gender identity” is a person’s deeply-felt inner sense of being male, female, or something else or in-between. “Gender expression” refers to a person’s characteristics and behaviors such as appearance, dress, mannerisms and speech patterns that can be described as masculine, feminine, or something else. Gender identity and expression are independent of sexual orientation, and transgender people may identify as heterosexual, lesbian, gay or bisexual. Laws that explicitly mention “gender identity” or “gender identity and expression” primarily protect or harm transgender people. These laws also can apply to people who are not transgender, but whose sense of gender or manner of dress does not adhere to gender stereotypes.
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