Gender identity/expression Sex change legal | Discrimination protections None statewide | |
 | ||
Same-sex sexual activity legal? Legal since June 26, 2003
(Lawrence v. Texas) Recognition of
relationships Legal since February 6, 2015
(Strawser v. Strange) Adoption Legal since February 6, 2015
(Strawser v. Strange) | ||
Lesbian, gay, bisexual, and transgender (LGBT) persons in Alabama may face legal challenges not experienced by non-LGBT residents.
Contents
Law regarding same-sex sexual activity
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. The state's sodomy law, although unenforceable, has not been repealed by the Alabama Legislature.
Adoption rights
Alabama permits adoption by same-sex couples.
State level
Alabama law does not address discrimination based on gender identity or sexual orientation.
Local level
The city of Montgomery prohibits discrimination on the basis of sexual orientation in public employment.
Hate crimes laws
Since 1994, Alabama has had a 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.
On April 24, 2009, State Representative Alvin Holmes introduced HB533, a bill that would have added sexual orientation to the list of hate crime categories. State Representative Patricia Todd, the legislature's first and only openly‐LGBT member, unsuccessfully attempted to add gender identity to the bill but was opposed by Holmes and other legislators. Holmes said he believed that his bill covering only sexual orientation would protect persons victimized as a result of their gender identity. Holmes had introduced identical bills in previous sessions: HB829 (2008), HB247 (2007), HB57 (2006), HB423 (2001), HB85 (2000), and has pushed for the inclusion of sexual orientation in the hate crimes law since at least 1999.
In April 2009, the Alabama House of Representatives passed Holmes' bill by a vote of 46 to 41. The Alabama Senate Judiciary Committee later approved the bill, but the full senate took no action on it before the legislature adjourned on May 15, 2009.
Sex Reassignment Surgery
Transgender persons born in Alabama may request an amended birth certificate with a changed name and sex after undergoing sex reassignment surgery.