19 States Lack Laws Preventing Housing Discrimination Based on Sexual Orientation, Gender Identity

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This story originally appeared on Foothold Technology and was produced and distributed in partnership with Stacker Studio.

19 states lack laws preventing housing discrimination based on sexual orientation, gender identity

Housing discrimination is still a big issue in the U.S. According to the 2022 Fair Housing Trends Report, Americans filed 31,216 housing discrimination reports in 2021, an unprecedented number. One-third of those complaints were claims of discrimination based on sexual orientation or gender identity.

Nineteen states across the U.S. do not reinforce or enhance the federal law that prohibits people from being evicted, denied housing, or refused financing to rent or buy housing due to their sexual orientation or gender identity.

The Fair Housing Act, originally enacted in 1968, prevents housing discrimination based on race, color, national origin, religion, sex (added to the act in 1974), familial status, or disability (added in 1988). The federal government announced in 2021 that it would enforce the Fair Housing Act to prohibit housing discrimination based on sexual orientation and gender identity as part of its interpretation of sex-based discrimination.

Sexual orientation refers to sexual attraction and is separate from gender identity, which is someone's personal understanding of themselves as a man, woman, neither, both, or another gender. Now that both sexual orientation and gender identity are protected under the federal Fair Housing Act as part of sex discrimination, states can pass laws to either reinforce or enhance nondiscrimination. Nineteen states have opted not to pass such laws.

Of those 19 states that do not have laws protecting LGBTQ+ residents against housing discrimination, many of them tend to vote conservatively or have Republican-controlled state governments.

Foothold Technology gathered data compiled by the nonprofit Movement Advancement Project to see which states protect LGBTQ+ residents from housing discrimination. States are displayed in alphabetical order.

A map showing housing protections for LGBTQ+ people by state.

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Foothold Technology

Nondiscrimination laws vary across the country

Nineteen states provide no state-level protections for LGBTQ+ people. Seven states do not provide explicit protections but interpret an existing prohibition on sex-based housing discrimination to include sexual orientation and gender identity. The exact language varies: Wisconsin, for example, explicitly forbids housing discrimination based on sexual orientation but does not mention gender identity.

Meanwhile, 23 states and Washington D.C. explicitly prohibit housing discrimination based on sexual orientation and gender identity, which aligns with federal law. State laws can extend nondiscrimination protection to another level of government and contribute to consistent enforcement of fair access to housing nationwide.

An Alabama HOA Neighborhood during sunset.

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Alabama

- Protections against LGBTQ+ discrimination: No

Alabama does not provide state-level housing discrimination protection based on sexual orientation and gender identity. LGBTQ+ residents of Alabama are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Alabama.

Birmingham, the state's largest city, enacted a local law in 2017 prohibiting employment and housing discrimination on the basis of sexual orientation and gender identity. The rest of the state remains unprotected from such housing discrimination.

A historic residential neighborhood in Ketchikan.

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Alaska

- Protections against LGBTQ+ discrimination: No

Alaska reversed its previous nondiscrimination protections for LGBTQ+ people and now provides no protections from housing discrimination based on sexual orientation and gender identity. In 2021, the Alaska State Commission for Human Rights issued guidance that interpreted the state's nondiscrimination law to prevent discrimination based on sexual orientation and gender identity in the workplace, housing, finance decisions, and public accommodations.

However, in August 2022, during the primary election season, the commission deleted language from its website that stated it's illegal to discriminate against LGBTQ+ people. The Anchorage Daily News and ProPublica reported that the commission also began refusing to investigate housing discrimination complaints that were based on sexual orientation and gender identity. Republicans hold majorities in both chambers of the state legislature and the governorship in Alaska.

A suburban housing development in Scottsdale.

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Arizona

- Protections against LGBTQ+ discrimination: No

Arizona does not provide state-level housing discrimination protection based on sexual orientation and gender identity. The federal Fair Housing Act still covers LGBTQ+ residents of Arizona. Republicans control both chambers of the state legislature in Arizona, though the governor is a Democrat.

A residential neighborhood in Bentonville.

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Arkansas

- Protections against LGBTQ+ discrimination: No

Arkansas does not provide state-level housing discrimination protection based on sexual orientation and gender identity. State law prevents counties and local municipalities from passing ordinances that prohibit discrimination on a basis not included in state law. The federal Fair Housing Act still covers LGBTQ+ residents. Republicans control both chambers of the state legislature and the governorship in Arkansas.

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California

- Protections against LGBTQ+ discrimination: Yes

California's housing discrimination law includes sexual orientation and gender identity as protected classes. The law was amended in 1999 to include sexual orientation and in 2004 to include gender identity. Democrats control both chambers of the state legislature and the governorship in California.

A residential neighborhood in Colorado during autumn.

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Colorado

- Protections against LGBTQ+ discrimination: Yes

Colorado prohibits housing discrimination based on sexual orientation, sex, and transgender status, but its law does not specifically mention gender identity. A 2008 amendment to the law added sexual orientation as a protected class and included "transgender status" in the definition of sexual orientation. Democrats control both chambers of the state legislature and the governorship in Colorado.

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Connecticut

- Protections against LGBTQ+ discrimination: Yes

Connecticut law protects from housing discrimination against LGBTQ+ people. The nondiscrimination law was amended in 1991 to include sexual orientation and in 2011 to include gender identity. Democrats control both chambers of the state legislature and the governorship in Connecticut.

Residential upscale homes in Brookside as seen from an aerial view.

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Delaware

- Protections against LGBTQ+ discrimination: Yes

Delaware prohibits housing discrimination based on sexual orientation and gender identity. The state added sexual orientation to its nondiscrimination law in 2009 and added gender identity in 2013. Democrats control both chambers of the state legislature and the governorship in Delaware.

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Florida

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The Florida Commission on Human Relations interprets the state's housing nondiscrimination law to protect LGBTQ+ people. The commission's questionnaire for filing a claim of housing discrimination includes options to note sexual orientation or gender identity as the basis of the alleged discrimination. Republicans control both chambers of the state legislature and the governorship in Florida.

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Georgia

- Protections against LGBTQ+ discrimination: No

Georgia does not provide state-level housing discrimination protection based on sexual orientation and gender identity. Clayton County, Georgia, was the defendant in the Bostock vs. Clayton County civil rights case that led to a landmark U.S. Supreme Court ruling in 2020. The court determined Title VII's "sex" discrimination prohibition also barred discrimination based on sexual orientation and gender identity. Georgia was not among the many states that amended their nondiscrimination laws in response to that ruling. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Georgia.

A home in Kauai with a double rainbow above it.

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Hawaii

- Protections against LGBTQ+ discrimination: Yes

Hawaii law protects from housing discrimination for LGBTQ+ people. The nondiscrimination law was amended in 2005 to include sexual orientation and gender identity as protected classes. Democrats control both chambers of the state legislature and the governorship in Hawaii.

An Idaho subdivision as viewed from above.

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Idaho

- Protections against LGBTQ+ discrimination: No

Idaho does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. The federal Fair Housing Act still covers LGBTQ+ residents. Republicans control both chambers of the state legislature and the governorship in Idaho.

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Illinois

- Protections against LGBTQ+ discrimination: Yes

Illinois prohibits housing discrimination on the basis of sexual orientation and gender identity. The law, which does not specifically mention gender identity, took effect in 2006. Democrats control both chambers of the state legislature and the governorship in Illinois.

A new construction, two-story home in Carmel.

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Indiana

- Protections against LGBTQ+ discrimination: No

Indiana does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. In 2015, when Mike Pence was governor of Indiana, state lawmakers passed the Religious Freedom Restoration Act, which affirmed business owners' right to refuse service to someone based on the owners' religious beliefs.

This law was perceived as targeting LGBTQ+ people. Due to public backlash and pressure from the business community, Indiana legislators passed another law one week later that specified RFRA did not authorize discrimination. However, the state still does not explicitly prohibit discrimination against LGBTQ+ people, though the federal Fair Housing Act still applies. Republicans control both chambers of the state legislature and the governorship in Indiana.

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Iowa

- Protections against LGBTQ+ discrimination: Yes

Iowa prohibits housing discrimination based on sexual orientation and gender identity. The amendment was made in 2007. Republicans control both chambers of the state legislature and the governorship in Iowa.

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Lisa Eastman // Shutterstock

Kansas

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The Kansas Human Rights Commission interprets the state's housing nondiscrimination law to protect LGBTQ+ people. The commission issued guidance to that effect in 2020 in response to the Bostock v. Clayton County decision. The commission decided to extend that interpretation beyond employment to prohibit discrimination in housing and public accommodations as well. Republicans control both chambers of the state legislature; the governor, however, is a Democrat.

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Kentucky

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The Kentucky Commission on Human Rights includes sexual orientation and gender identity in its interpretation of state law prohibiting housing discrimination based on sex. That guidance was made in response to the 2020 Bostock v. Clayton County decision. Republicans control both chambers of the state legislature; the governor is a Democrat.

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Louisiana

- Protections against LGBTQ+ discrimination: No

Louisiana does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature in Louisiana; the governor is a Democrat.

A residential neighborhood block in Portland.

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Maine

- Protections against LGBTQ+ discrimination: Yes

Maine law bars housing discrimination against LGBTQ+ people. The state's housing discrimination law was amended in 2005 to include sexual orientation and gender identity. Democrats control both chambers of the state legislature and the governorship in Maine.

A neighborhood of multilevel single family homes in Maryland.

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Maryland

- Protections against LGBTQ+ discrimination: Yes

Maryland prohibits housing discrimination on the basis of sexual orientation and gender identity. The state's law was amended in 2001 to include sexual orientation and in 2014 to include gender identity. Democrats control both chambers of the state legislature and the governorship in Maryland.

A residential neighborhood in Massachusetts.

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Massachusetts

- Protections against LGBTQ+ discrimination: Yes

Massachusetts law bans housing discrimination against LGBTQ+ people. Protections for sexual orientation and gender identity were added to the law in 2011. Democrats control both chambers of the state legislature and the governorship in Massachusetts.

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Michigan

- Protections against LGBTQ+ discrimination: Yes

Michigan prohibits housing discrimination based on sexual orientation and gender identity. A July 2022 state Supreme Court decision in Rouch World LLC v. Department of Civil Rights determined that the state's civil rights law prohibiting sex-based discrimination also covers discrimination based on sexual orientation and gender identity. The Michigan Civil Rights Commission issued guidance to that effect in 2018, and the state Supreme Court decision affirmed that interpretation. Democrats control both chambers of the state legislature and the governorship in Michigan.

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Minnesota

- Protections against LGBTQ+ discrimination: Yes

Minnesota law provides protection from housing discrimination for LGBTQ+ people. Since 1993, state law has included sexual orientation and sex as protected classes. Democrats control both chambers of the state legislature and the governorship in Minnesota.

A vintage car parkerd in front of a wood house in Vicksburg.

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Mississippi

- Protections against LGBTQ+ discrimination: No

Mississippi does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Mississippi.

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Missouri

- Protections against LGBTQ+ discrimination: No

Missouri does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Missouri.

A country home in Montana during winter.

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Montana

- Protections against LGBTQ+ discrimination: No

Montana does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Montana.

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Nebraska

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The Nebraska Equal Opportunity Commission includes sexual orientation and gender identity in its interpretation of state law prohibiting housing discrimination based on sex. The commission adopted that interpretation in 2020 after the Bostock v. Clayton County decision. Nebraska's governor is a Republican, and Republicans dominate the state's legislature.

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Nevada

- Protections against LGBTQ+ discrimination: Yes

Nevada prohibits housing discrimination based on sexual orientation and gender identity. Those protected classes were added to the nondiscrimination law in 2011. Democrats control both chambers of the state legislature in Nevada; the governor is a Republican.

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New Hampshire

- Protections against LGBTQ+ discrimination: Yes

New Hampshire law bans housing discrimination against LGBTQ+ people. The law was amended in 1997 to include protections for sexual orientation and in 2018 to include gender identity. Republicans control both chambers of the state legislature and the governorship in New Hampshire.

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New Jersey

- Protections against LGBTQ+ discrimination: Yes

New Jersey prohibits housing discrimination on the basis of sexual orientation and gender identity. Protections were added for sexual orientation in 1992 and gender identity in 2007. Democrats control both chambers of the state legislature and the governorship in New Jersey.

A residential neighborhood in Albuquerque.

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New Mexico

- Protections against LGBTQ+ discrimination: Yes

New Mexico law protects from housing discrimination for LGBTQ+ people. The measure was adopted in 2003. Democrats control both state legislature chambers and New Mexico's governorship.

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New York

- Protections against LGBTQ+ discrimination: Yes

New York prohibits housing discrimination against LGBTQ+ people. State law was amended in 2002 to prohibit discrimination on the basis of sexual orientation and in 2019 to prohibit discrimination based on gender identity. Even before the latest amendment, a 2015 executive order barred gender identity-based discrimination. Democrats control both chambers of the state legislature and the governorship in New York.

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North Carolina

- Protections against LGBTQ+ discrimination: No

North Carolina does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. From 2016 through 2020, state law prevented local municipalities from passing or enforcing their own nondiscrimination laws, but that provision has expired. Even without state protections, LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature in North Carolina, and the governor is a Democrat.

A modern residential neighborhood in Bismarck.

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North Dakota

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The North Dakota Department of Labor and Human Rights includes sexual orientation and gender identity in its interpretation of state law prohibiting housing discrimination based on sex. The department adopted that interpretation in 2020 as a result of the Bostock v. Clayton County decision. Republicans control both chambers of the state legislature and the governorship in North Dakota.

A house in a suburban neighborhood of Cleveland.

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Ohio

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

The Ohio Civil Rights Commission interprets the state's nondiscrimination law to prohibit housing discrimination on the basis of sexual orientation and gender identity. It adopted that interpretation in 2021. Republicans control both chambers of the state legislature and the governorship in Ohio.

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Oklahoma

- Protections against LGBTQ+ discrimination: No

Oklahoma does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. The federal Fair Housing Act still covers LGBTQ+ residents. Republicans control both chambers of the state legislature and the governorship in Oklahoma.

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Oregon

- Protections against LGBTQ+ discrimination: Yes

Oregon law protects LGBTQ+ people from housing discrimination. The law was amended in 2007 to prohibit discrimination based on sexual orientation and gender identity. Democrats control both chambers of the state legislature and the governorship in Oregon.

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Pennsylvania

- Protections against LGBTQ+ discrimination: Interprets existing protections to include sexual orientation and gender identity

Pennsylvania's Human Relations Commission interprets the state's nondiscrimination law to prohibit housing discrimination on the basis of sexual orientation and gender identity. The commission added the guidance to the Pennsylvania Human Relations Act in 2018. The state legislature is divided between Democrats and Republicans; the governor is a Democrat.

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Rhode Island

- Protections against LGBTQ+ discrimination: Yes

Rhode Island prohibits housing discrimination against LGBTQ+ people. State law was amended in 1995 to prohibit discrimination on the basis of sexual orientation and in 2001 to prohibit discrimination based on gender identity. Democrats control both chambers of the state legislature and the governorship in Rhode Island.

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South Carolina

- Protections against LGBTQ+ discrimination: No

South Carolina does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in South Carolina.

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South Dakota

- Protections against LGBTQ+ discrimination: No

South Dakota does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. The federal Fair Housing Act still covers LGBTQ+ residents. Republicans control both chambers of the state legislature and the governorship in South Dakota.

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Tennessee

- Protections against LGBTQ+ discrimination: No

Tennessee does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. A state law passed in 2011 also prevents local municipalities from passing or enforcing their own nondiscrimination laws. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Tennessee.

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Texas

- Protections against LGBTQ+ discrimination: No

Texas does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Texas.

Homes in Highland in a premium neighborhood with mountain and sky views.

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Utah

- Protections against LGBTQ+ discrimination: Yes

Utah law bars housing discrimination against LGBTQ+ people. A 2015 amendment added sexual orientation and gender identity as protected classes in the state's Antidiscrimination Act and Fair Housing Act. Republicans control both chambers of the state legislature and the governorship in Utah.

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Vermont

- Protections against LGBTQ+ discrimination: Yes

Vermont prohibits housing discrimination against LGBTQ+ people. State law was amended in 1992 to include sexual orientation and in 2007 to include gender identity. Democrats control both chambers of the state legislature in Vermont; the governor is a Republican.

A neighborhood in Richmond during early spring.

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Virginia

- Protections against LGBTQ+ discrimination: Yes

Virginia law provides protection from housing discrimination for LGBTQ+ people. A 2020 amendment to the Virginia Human Rights Act prohibits discrimination based on sexual orientation and gender identity in employment, public accommodations, credit, and housing. Control of the state legislature in Virginia is divided between Democrats and Republicans; the governor is a Republican.

An aerial view of neighborhood in Seattle.

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Washington

- Protections against LGBTQ+ discrimination: Yes

The state of Washington prohibits housing discrimination against LGBTQ+ people. In 2006, state law on unfair real estate transactions was amended to specify that discrimination based on sexual orientation and sex is illegal. Democrats control both chambers of the state legislature and the governorship in Washington.

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Washington DC

- Protections against LGBTQ+ discrimination: Yes

The District of Columbia provides protection from housing discrimination for LGBTQ+ people. A law prohibiting discrimination on the basis of sexual orientation was originally passed in 1973 and was re-adopted as the D.C. Human Rights Act in 1977. The act was also amended in 2006 to prohibit discrimination based on gender identity.

An aerial view of a neighborhood in West Virginia.

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West Virginia

- Protections against LGBTQ+ discrimination: No

West Virginia does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. LGBTQ+ residents are still covered by the federal Fair Housing Act. Republicans control both state legislature chambers and the governorship in West Virginia.

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Wisconsin

- Protections against LGBTQ+ discrimination: Sexual orientation only

Wisconsin explicitly prohibits housing discrimination on the basis of sexual orientation without mentioning gender identity, although discrimination based on sex is prohibited. Wisconsin adopted the law in 1982. Republicans control both chambers of the state legislature in Wisconsin; the governor is a Democrat.

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Wyoming

- Protections against LGBTQ+ discrimination: No

Wyoming does not provide state-level housing discrimination protection on the basis of sexual orientation and gender identity. The federal Fair Housing Act still covers LGBTQ+ residents. Republicans control both chambers of the state legislature and the governorship in Wyoming.