- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✖ State-enforced
- Changing Gender
- ✖ Legal, but requires surgery
- Gender-Affirming Care
- ✖ Legal, but banned for minors
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- Unknown
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Public Opinion
Recent studies in Alabama show a discernible level of opposition to LGBTQ+ rights among the population.
OPPOSE
SUPPORT
History
Homosexual activity in Alabama is legal.
Current status
Since Jun 26, 2003
Legal
The U.S. Supreme Court's ruling in Lawrence v. Texas decriminalized gay sex nationwide.
Alabama repealed its defunct sodomy ban in 2019.
Alabama repealed its defunct sodomy ban in 2019.
Illegal (imprisonment as punishment)
In 1945, Alabama's Supreme Court decided in the case of Brown v. State that cunnilingus deserved the same penalty as fellatio.
In 1973, The Alabama Supreme Court decided in the case of Horn v. State that the sodomy law was constitutional. The Court also decided that circumstantial evidence was enough for proof of penetration.
In 1973, The Alabama Supreme Court decided in the case of Horn v. State that the sodomy law was constitutional. The Court also decided that circumstantial evidence was enough for proof of penetration.
Male illegal, female legal
In 1841, Alabama adopted a new code. In doing so, the first sodomy law was created in Alabama. Using the common-law definition, the penalty was set to 2-10 years in jail.
Legal
In 1822, Alabama's Supreme Court ruled in the case of Coburn v. Harwood that sodomy was not an indictable offense in Alabama under the common law.
Same-sex marriage in Alabama is legal.
Current status
Since Jun 26, 2015
Legal
On June 26th, 2015, The Supreme Court of the United States found that same-sex marriage is a fundamental right, thereby making it legal in all U.S. states.
Banned
On March 3rd, 2015, the Alabama Supreme Court reversed Judge Granade's decision, thereby banning same-sex marriages in Alabama once again.
On May 21st, 2015, Judge Granade issued an injunction on her ruling, and ordered all probate judges to issue licenses to same-sex couples. However, she stayed the injunction while the U.S. Supreme Court was ruling on Obergefell V. Hodges.
On May 21st, 2015, Judge Granade issued an injunction on her ruling, and ordered all probate judges to issue licenses to same-sex couples. However, she stayed the injunction while the U.S. Supreme Court was ruling on Obergefell V. Hodges.
Legal
On January 23rd, 2015, U.S. District Court Judge Callie V. Granade struck down Alabama's gay marriage ban in the case of Strawser v. Strange. However, Judge Granade issued a stay on the ruling, which delayed it from taking effect. After the stay was issued, opponents of gay marriage requested an extension on the stay from the 11th Circuit Court of Appeals.
On February 3rd, 2015, the 11th Circuit Court of Appeals rejected the extension plea. Opponents then appealed the Circuit Court's decision to the U.S. Supreme Court.
On February 9th, 2015, the U.S. Supreme Court denied the request to extend the stay, thereby legalizing same-sex marriage.
On February 3rd, 2015, the 11th Circuit Court of Appeals rejected the extension plea. Opponents then appealed the Circuit Court's decision to the U.S. Supreme Court.
On February 9th, 2015, the U.S. Supreme Court denied the request to extend the stay, thereby legalizing same-sex marriage.
Banned
In 1996, the Governor of Alabama at the time, Fob James, signed an executive order that banned gay marriage, and all recognition of same-sex couples.
In 1998, Fob James signed a bill into law that restricted marriage to different-sex couples.
In 2006, Alabama voters approved a constitutional amendment that banned gay marriage.
In 1998, Fob James signed a bill into law that restricted marriage to different-sex couples.
In 2006, Alabama voters approved a constitutional amendment that banned gay marriage.
Censorship of LGBT issues in Alabama is state-enforced.
Current status
Since Jul 1, 2022
State-enforced
AL HB322 mandates that:
An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.
The State Board of Education shall adopt rules for the implementation and enforcement of this section.
It was signed by Gov. Kay Ivey on April 7th 2022 and will go into effect on the first day of the third month following said signature.
An individual or group of individuals providing classroom instruction to students in kindergarten through the fifth grade at a public K-12 school shall not engage in classroom discussion or provide classroom instruction regarding sexual orientation or gender identity in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.
The State Board of Education shall adopt rules for the implementation and enforcement of this section.
It was signed by Gov. Kay Ivey on April 7th 2022 and will go into effect on the first day of the third month following said signature.
No censorship
AL HB385 (2021), signed by Governor Kay Ivey in April of 2021, amended Section 16-40A-2, Code of Alabama 1992 to remove a clause in the state's public sex education that "in a factual manner and from a public health perspective, homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under the laws of the state."
State-enforced
In 1992, Alabama passed a law that prohibited schools from teaching that homosexuality is an acceptable lifestyle and required that schools teach that it is illegal in the state.
In 2003 the US Supreme Court under LAWRENCE V. TEXAS made unconstitutional state anti-sodomy laws. Regardless, teachers in Alabama still had to emphasize that homosexuality was illegal until it was repealed in 2021.
In 2003 the US Supreme Court under LAWRENCE V. TEXAS made unconstitutional state anti-sodomy laws. Regardless, teachers in Alabama still had to emphasize that homosexuality was illegal until it was repealed in 2021.
Right to change legal gender in Alabama is legal, but requires surgery.
Current status
Since 1992
Legal, but requires surgery
Trans people can change their legal gender in Alabama but must first undergo surgery. Additionally, they are given amended birth certificates noting changes in name and sex instead of a new one.
Gender-affirming care in Alabama is legal, but banned for minors.
Current status
Since May 8, 2022
Legal, but banned for minors
SB 184 bans all Gender affirming care for minors and makes it a class C felony for those who participate in it. Adults can still get gender affirming care.
Legal recognition of non-binary gender in Alabama is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT discrimination in Alabama is illegal in some contexts.
Current status
Since Oct 16, 2017
Illegal in some contexts
There is full discrimination protections in the city of Birmingham, Montevallo. Full state employment discrimination protections pending. Also protected under Section VII, as well under the case of Glenn v. Brumby.
Until Oct 16, 2017
No protections
No protections against discrimination.
LGBT employment discrimination in Alabama is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination. No statewide protections exist.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal levels. No statewide protections exist.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination). No protections exist at the state level.
LGBT housing discrimination in Alabama is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Same-sex adoption in Alabama is legal.
Current status
Since Jun 26, 2017
Legal
Single adoption, joint adoption by married couples and second parent adoption by married couples are legal.
Alabama however allows discrimination against LGBT people on the basis of religion, which means they can be refused adoption by some adoption agencies. They can also refuse to place a child with a next-of-kin family member if that family member happens to be LGBT.
Alabama however allows discrimination against LGBT people on the basis of religion, which means they can be refused adoption by some adoption agencies. They can also refuse to place a child with a next-of-kin family member if that family member happens to be LGBT.
Until Jun 26, 2017
Single only
Single Parent Adoption: married individuals wishing to adopt must be in a male-female marriage. An LGBT individual may adoption if they are unmarried. See Alabama State Statute § 26-10A-5.
Joint Adoption: Illegal for same-sex couples.
Second Parent Adoption: No legal under hostile Alabama case law regarding same-sex, second parent adoption. See Ex parte J.M.F., 730 So.2d 1190(Ala. 1998)
Joint Adoption: Illegal for same-sex couples.
Second Parent Adoption: No legal under hostile Alabama case law regarding same-sex, second parent adoption. See Ex parte J.M.F., 730 So.2d 1190(Ala. 1998)
Intersex infant surgery in Alabama is not banned.
Current status
Not banned
Alabama's ban on gender-affirming care specifically allows for surgeries on intersex infants.
Serving openly in military in Alabama is legal.
Current status
Since Mar 18, 2025
Legal under federal United States law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Alabama is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Alabama is not banned.
Current status
Not banned
Alabama government passed “Negative law“ preventing any future bans.
United States Equality Rank
#122
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