| LGBT rights in Alabama | |
|---|---|
Alabama (USA) |
|
| Same-sex sexual activity legal? | Legal since 2003 (Lawrence v. Texas) Prior to 2003, illegal, all sexes; misdemeanor punishable by up 1 year imprisonment and $2000 fine |
| Recognition of relationships |
None |
|
Restrictions:
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Alabama Sanctity of Marriage Amendment limits marriage to man/woman, places restrictions on non-marriage types of same-sex unions |
| Adoption | No provision either way |
| Discrimination protections | None (see below) |
Although same-sex sexual activity is legal in Alabama, same-sex couples are not eligible for all of the same protections available to opposite-sex married couples.
Contents |
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.
As of mid-2011, the state's sodomy law, though unenforceable, had not been repealed by Alabama legislators
Since the passage of the Alabama Sanctity of Marriage Amendment by 81% in June 2006, both same-sex marriage and civil unions have been banned by Alabama's state constitution.[1]
Alabama permits adoption by individuals. State law does not prohibit LGBT person from adopting either singly or as a couple, but non court ruled in a case that raised the issue.[2]
Since 1994, Alabama has had a state‐specific hate crimes 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.[3]
On April 24, 2009, State Representative Alvin Holmes introduced HB533, a bill that would have added sexual orientation to the list of hate crime qualifications;[4] it was passed by the Alabama House of Representatives by a margin of 46 to 41.[5][6][7] The bill was subsequently passed by the Alabama Senate Judiciary Committee, but was not acted upon by the full senate before the legislature adjourned on May 15, 2009;[8] this inaction effectively killed the bill.[6]
State Representative Patricia Todd, the legislature's first and only openly‐LGBT member, had unsuccessfully attempted to add gender identity to the failed bill via legislative amendment but was opposed by Holmes and other legislators. Holmes justified his position with the thought that his bill (which only explicitly covered sexual orientation) would nevertheless protect persons victimized as a result of their gender identity.[7] Holmes had introduced identical bills in previous sessions: HB829 (2008),[9] HB247 (2007),[10] HB57 (2006),[11] HB423 (2001),[12] HB85 (2000),[13] and has pushed for the inclusion of sexual orientation in the hate crimes law since, at least, 1999.[14]
Transsexual persons born in Alabama may request an amended birth certificate with a corrected name and sex after undergoing sex reassignment surgery.[15]
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