LGBT rights in Hawaii

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LGBT flagmap of Hawaiki.

Hawaii has a law that addresses hate crime protection for both actual and/or perceived sexual orientation and gender identity or expression.

According to statute:

  • Sexual orientation is defined as heterosexuality, homosexuality or bisexuality and those "having a history of any one or more of these preferences or being identified with any one or more of these preferences."[1]
  • "'Gender identity or expression' includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self image, gender-related appearance, or gender-related expression; regardless of whether that gender identity, gender-related self image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth."[2]

Summary Table[change | change source]

Same-sex sexual activity legal Yes (since 1972)
Equal age of consent Yes
Anti-discrimination laws in employment Yes
Anti-discrimination laws in the provision of goods and services Yes
LGBT anti-discrimination law in hospitals Yes
LGBT anti-discrimination law in schools and colleges Yes
LGBT anti-discrimination law in health insurance Yes
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) Yes
Same-sex marriages Yes (since 2013)
Recognition of same-sex couples Yes
Step-child adoption by same-sex couples Yes
Joint adoption by same-sex couples Yes (since 2012)
Gays and lesbians allowed to serve openly in the military Yes (since 2011)
Right to change legal gender Yes
Access to IVF for lesbians Yes
Commercial surrogacy for gay male couples Yes
LGBT anti-bullying law in schools and colleges No
Conversion therapy banned by law No
Legal recognition of gender diversity beyond the female/male binary No
MSMs allowed to donate blood No (federal policy)
Transgender people allowed to serve openly in the military No (federal policy, under review)
Intersex individuals allowed to join the military No[3] (federal policy, under review)
United States census counts number of lesbian, gay male, bisexual, and transgender people No (federal policy)
LGBT-inclusive sex education required to be taught in schools No
Sexual orientation allowed as grounds for asylum Yes (Since 1994 [4][5])

References[change | change source]

  1. Haw. Rev. Stat. § 846-51 (2001). Other relevant provisions include Haw. Rev. Stat. §§ 706-662; 846-54; and 846-52 (2001).
  2. Haw. Rev. Stat. § 846-51, S.B. 616, 2003 Leg., 22nd Leg. (Haw. 2003).
  3. http://www.palmcenter.org/files/active/0/TransMilitary2007.pdf
  4. "Asylum Based on Sexual Orientation and Fear of Persecution". Rainbowsig.org. Retrieved 2015-02-24.
  5. "How Will Ugandan Gay Refugees Be Received By U.S.?". NPR.org. 24 February 2014. Retrieved 3 December 2014.