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Authors

Nancy J. Knauer

Abstract

LGBTQ people in the United States live with an Equality Gap that seems to grow wider with each legislative session. The majority of states do not have nondiscrimination protections in place for LGBTQ people. In the absence of blanket federal non-discrimination protections, a same-sex couple can be denied service by bakers, catering halls, and photographers while trying to exercise their constitutionally protected right to marry. A transgender person can be denied access to a public bathroom that matches their gender identity. A federally funded adoption agency can refuse to work with LGBTQ persons who wish to adopt. In addition, many states have enacted explicitly anti-LGBTQ measures and prohibitions that exacerbate the Equality Gap and further underscore regional disparities. Even states with non-discrimination protections for LGBTQ people have considered expanding religious exemptions in a way that could greatly undercut the effectiveness and scope of existing non-discrimination protections. As a result of this mismatch of laws, the lived experience of LGBTQ people varies wildly depending on where they reside. For example, LGBTQ people living in New York enjoy many more protections and suffer none of the disabilities that are imposed on LGBTQ people living in Mississippi. The regional disparities are so extreme that some countries have issued travel advisories for their citizens visiting certain parts of the United States.

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