Cecily Zamora
On February 25, 1982, Wisconsin became the first state to pass an anti-discrimination law based on sexual orientation. The bill was introduced by legislator Lloyd Barbee, who drew on the response to clashes between police and the LGBT community to gain support for the bill. The bill was later passed on to Representative David Clarenbach, who worked to get support for it to be passed. This law ended state-condoned anti-LGBT discrimination, making it illegal to deny someone housing, employment, or public accommodations based on their sexual orientation.
| Characteristics | Values |
|---|---|
| Location | Wisconsin |
| Date | 25th February 1982 |
| Prohibited discrimination in | Housing, public accommodations, employment |
| Protected against discrimination based on | Sexual orientation |
| Did not protect | Trans* community |
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What You'll Learn
Wisconsin's anti-discrimination bill
Wisconsin was the first US state to pass an anti-discrimination law based on sexual orientation on February 25, 1982. The bill was first introduced by legislator Lloyd Barbee, who drew on the response to clashes between police and the LGBT community to gain support for the bill. When he retired, he passed the bill on to Representative David Clarenbach, who worked on getting support to pass the bill.
The bill put an end to state-condoned anti-LGBT discrimination, explicitly stating that one cannot legally deny someone housing, public accommodations, or employment based on one's sexual orientation. The bill also stated that one cannot be denied access or service in a public accommodation based on one's sexual orientation. Any place, public or private, that served the public as a whole in Wisconsin could no longer reject patrons based on their sexuality.
Employers were held to similar standards and were prohibited from discriminatory hiring practices. It was now illegal for employers to refuse to hire someone or harass employees due to their sexual orientation. Although the bill did not protect against discrimination for members of the trans* community, it paved the way for continued advances for the LGBT community.
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Housing nondiscrimination laws
In the United States, the Fair Housing Act (FHA) serves as a critical piece of legislation in addressing housing discrimination. While the FHA initially focused on prohibiting discrimination based on race, colour, religion, and national origin, amendments have been made over time to include additional protected characteristics. In 1974, sex was added to the list, followed by disability and familial status in 1988.
The first explicit LGBTQ+ housing nondiscrimination law at the state level was enacted in Wisconsin in 1982. Known as Assembly Bill 70 (AB70), it explicitly prohibited denying housing to individuals based on their sexual orientation. This landmark legislation set a precedent for other states to follow, with Massachusetts being one of the next states to enact similar protections nearly a decade later.
At the federal level, the United States Department of Housing and Urban Development (HUD) has played a pivotal role in advancing housing nondiscrimination laws for the LGBTQ+ community. In 2012, HUD issued a rule titled "Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity," prohibiting its programs from discriminating based on sexual orientation, gender identity, or marital status. This rule ensured that HUD-funded housing programs provided equal access without regard to these factors.
In February 2021, under the Biden administration, HUD clarified that the protections against sex discrimination in the Fair Housing Act also extend to discrimination based on LGBTQ+ status. This clarification was made in response to a 2020 Supreme Court ruling that interpreted discrimination on the basis of "sex" as encompassing discrimination based on sexual orientation and gender identity.
Despite these advancements, it is important to note that there is currently no comprehensive federal law that consistently protects LGBTQ+ individuals from housing discrimination across all states. While some states have enacted explicit housing nondiscrimination laws, others have interpreted existing prohibitions on sex discrimination to include sexual orientation and/or gender identity. As a result, LGBTQ+ individuals may face varying levels of protection depending on their location.
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Public accommodation nondiscrimination laws
In the United States, 28% of the LGBTQ+ population lives in states that do not prohibit housing discrimination based on sexual orientation or gender identity. This translates to 6.5% of white LGBTQ+ employees and 11.3% of LGBTQ+ employees of color reporting that they were not hired because of their LGBTQ+ status. Despite widespread discrimination, only 71% of American adults believe that sexual orientation is a protected characteristic under employment nondiscrimination laws.
In response to this, the Biden administration has strengthened laws prohibiting sex discrimination based on gender identity and sexual orientation. Furthermore, the Equal Employment Opportunity Commission (EEOC) has ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on gender identity and sexual orientation because it is a form of sex discrimination.
In addition to federal laws, some states and cities have passed their own laws banning discrimination based on sexual orientation and gender identity. Wisconsin, for example, became the first state to pass such a law on February 25, 1982.
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Credit and lending nondiscrimination laws
While there have been significant strides in LGBTQI+ rights in the United States, the community still faces discrimination in the financial sector. Multiple studies have revealed widespread bias in the lending and housing markets, with same-sex couples facing higher denial rates and increased fees for mortgages compared to different-sex couples. This discrimination is not limited to mortgage lending; it extends to various financial services, including credit cards, car loans, student loans, and small business loans.
Currently, only a handful of states in the U.S. have explicit laws prohibiting credit discrimination based on sexual orientation and gender identity. As a result, about 72% of the LGBTQI+ population is at risk of experiencing discrimination in credit and lending processes. This disparity has led to initiatives like the proposed Equality Act, which aims to amend existing laws to specifically include LGBTQI+ individuals in anti-discrimination protections in credit and other areas.
Some government agencies and nonprofit organizations actively address LGBTQI+ discrimination complaints in the financial sector. These include the U.S. Department of Housing and Urban Development (HUD), which investigates complaints of sex discrimination, including those related to sexual orientation and gender identity. The Consumer Financial Protection Bureau (CFPB) handles discrimination complaints against lenders and mortgage brokers under the Equal Credit Opportunity Act. Additionally, organizations like the American Civil Liberties Union (ACLU) offer online forms for submitting LGBTQI+-related discrimination complaints.
Entrepreneurs and activists have also taken initiatives to combat discrimination. For example, Superbia Credit Union, founded by Myles Meyers, aims to offer financial services catering to the LGBTQI+ community's unique needs, such as providing loans for individuals undergoing transition. Meyers recognized the intolerance and discrimination faced by the community and sought to create an inclusive financial institution. These efforts reflect a growing movement to address the systemic discrimination LGBTQI+ individuals encounter when accessing credit and financial services.
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The Equality Act of 1974
Prior to the introduction of this bill, LGBT individuals faced widespread discrimination in various aspects of their lives. They were routinely denied jobs available to heterosexual people and faced the risk of losing their jobs or homes if they were open about their sexuality. The LGBT community also faced clashes with the police, and their riots against these injustices gained national attention, inspiring other LGBT communities to stand up for their rights.
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Frequently asked questions
Wisconsin became the first state to pass a law preventing discrimination based on sexual orientation on February 25, 1982. The law made it illegal to deny someone housing, public accommodations, or employment based on their sexual orientation.
The Civil Rights Act of 1964 established Congress' Equal Employment Opportunity Commission (EEOC), which defends employees' rights through lawsuits and programs. In 2011, the EEOC began protecting gay and bisexual people from "sex stereotyping." In 2012, the EEOC expanded its protections to include transgender people, and in 2015, it included protections for those with non-binary gender identities.
During his presidency, Bill Clinton issued two substantial executive orders on behalf of gay rights. The first was Executive Order 12968 in 1995, which lifted the ban on security clearances for LGBTQ+ federal employees. The second was Executive Order 13087 in 1998, which outlawed discrimination based on sexual orientation in the federal civilian workforce.
