Here’s How Well Colorado Protects LGBTQ People

COLORADO – Colorado is among the best states in the country when it comes to enacting laws and policies that impact — and protect — LGBTQ people. While 16 states and Washington, D.C. received the highest rating, a whopping 28 received the lowest rating. Colorado was placed into "Working Toward Innovative Equality," the highest-rated category.

With the nation's first openly-gay governor, Jared Polis, Colorado may be leading the way for LGBTQ rights. But the laws protecting LGBTQ residents have had a bumpy ride.

Only a few decades ago, in 1992, voters approved Initiative 2, a state constitutional amendment that stripped LGBTQ residents of any protected status under the law. In 1994, the Colorado State Supreme Court ruled the amendment was unconstitutional and the US Supreme Court agreed in 1996. The US Supreme Court ruled last year in favor of Jack Phillips, owner of Masterpiece Cake Shop, who was fined by the Colorado Civil Rights Commission for refusing to make a wedding cake for a gay couple.

The Human Rights Campaign Foundation and the Equality Federation Institute released their fifth annual State Equality Index on Friday. On the nationwide scorecards, states were placed into one of four categories based on how well their laws affect and protect the LGBTQ community. The highest-rated category was “Working Toward Innovative Equality,” followed by “Solidifying Equality” and “Building Equality.” The lowest-rated category was “High Priority to Achieve Basic Equality.”

Each scorecard includes a state’s positive laws (highlighted in blue) and negative laws (highlighted in orange) which affect the LGBTQ community. For example, in the parenting category, a positive law identified by the authors includes the ability of a second parent of the same sex to seek adoption of their partner’s children, even if those individuals aren’t in a legally recognized relationship. Conversely, a negative law in the category includes allowing discrimination when it comes to the placement of foster children with LGBTQ families .

Here’s a breakdown for Colorado:

Parenting Laws

Positive

1. Second Parent Adoption
2. Parental Presumption for Same-Sex Couples
3. Surrogacy Laws
4. Foster Care
5. Non-Discrimination Foster Parent Training Required
6. Consent to Inseminate
7. De Facto Parent Recognition

Negative

1. Prohibition of Surrogacy
2. Laws Permitting Discrimination in Adoption/Foster Placement

Non-Discrimination Laws

Positive

1. Employment
2. Housing
3. Public Accommodations
4. Education
5. Foster Care
6. Insurance
7. Credit
8. Jury Selection
9. Colleges & Universities
10. Non-Discrimination Policy for State Employees

Negative

1. Restrictions on Municipal Protections
2. Religious Exemptions in State Non-Discrimination Laws

Hate Crimes and Criminal Justice Laws

Positive

1. Enumerated Hate Crimes Laws
2. Mandatory Reporting of Hate Crimes Statistics
3. Elimination of Bias Rage or Panic Defense for Criminal Acts
4. Prohibiting Profiling Based on Actual or Perceived LGBTQ Status by Law Enforcement

Negative

1. Sodomy Laws
2. HIV/AIDS Criminalization Laws

Religious Refusal and Relationship Recognition

Negative

1. State Religious Freedom Restoration Act
2. Religious Exemptions for Professional Training/Practice
3. First Amendment Defense Ac

There are currently no comprehensive civil rights protections for LGBTQ people at the federal level. That means the rights of millions of LGBTQ people and their famililies largely depend on where they live. Indeed, in 30 states, they’re at risk for being fired, evicted or denied services because of who they are, the advocacy group said in a release.

HRC President Chad Griffin called it a “sobering reality” and that the rights of LGBTQ people “are determined by which side of a state or city line they call home.”

“As this year’s State Equality Index makes clear, the time has come for us to do away with this patchwork of state laws and to protect all LGBTQ people by passing the federal Equality Act,” he said, referring to a bill sitting in the U.S. House of Representatives that would establish comprehensive federal protections for the LGBTQ community.

Among the most notable — and perhaps least surprising — findings is that states in the North are far better at enacting laws that positively affect and protect LGBTQ people. States in the highest-rated category include California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.

On the other hand, the South and parts of the Midwest have a long ways to go. States in the worst-rated category include Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia and Wyoming.

Patch national staffer Dan Hampton contributed to this report.

Photo credit: David Silverman/Getty Images

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