LGBT rights in Hawaii

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

Same-sex sexual activity legal (since 1972)
Equal age of consent
Anti-discrimination laws in employment
Anti-discrimination laws in the provision of goods and services
LGBT anti-discrimination law in hospitals
LGBT anti-discrimination law in schools and colleges
LGBT anti-discrimination law in health insurance
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages (since 2013)
Recognition of same-sex couples
Step-child adoption by same-sex couples
Joint adoption by same-sex couples (since 2012)
Gays and lesbians allowed to serve openly in the military (since 2011)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
LGBT anti-bullying law in schools and colleges
Conversion therapy banned by law
Legal recognition of gender diversity beyond the female/male binary
MSMs allowed to donate blood (federal policy)
Transgender people allowed to serve openly in the military (federal policy, under review)
Intersex individuals allowed to join the military [3] (federal policy, under review)
United States census counts number of lesbian, gay male, bisexual, and transgender people (federal policy)
LGBT-inclusive sex education required to be taught in schools
Sexual orientation allowed as grounds for asylum (Since 1994 [4][5])

References

  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. "Archived copy" (PDF). Archived from the original (PDF) on 2016-05-28. Retrieved 2016-06-08.{{cite web}}: CS1 maint: archived copy as title (link)
  4. "Asylum Based on Sexual Orientation and Fear of Persecution". Rainbowsig.org. Archived from the original on 2015-02-24. Retrieved 2015-02-24.
  5. "How Will Ugandan Gay Refugees Be Received By U.S.?". NPR.org. 24 February 2014. Retrieved 3 December 2014.