Our partnerships make our work possible. The first State LGBTQ+ Business Climate Index released in 2019 was funded by a grant from the Gill Foundation. The Index is based on data graciously shared by the Movement Advancement Project and the Williams Institute. Ropes & Gray is our pro bono legal partner for the CEO Business Briefs globally, and their research informs this Index. FCB partnered with us to conduct original market research into American attitudes toward LGBTQ+ workplace inclusion, informing the Regional Context section of the State CEO Briefs. America Competes supported the development of the scoring for the Risk Assessments, particularly for the Future Risk score.

Out Leadership and FCB partnered on original market research into the attitudes of American workers on LGBTQ+ inclusion, which fielded in 2019 and 2020. These briefs as a whole will be updated on an ongoing basis by Out Leadership because we recognize the ever-changing nature of policy on the local, state, and national level.

LGBTQ+ workers in the Southeast are the most likely to be out at work (54.4%), but they are also 25% more likely to feel that covering behaviors are important for workplace success. More broadly, non LGBTQ+ workers in this region preferred for businesses to demonstrate their support for the LGBTQ+ community using internal initiatives (like hiring more LGBTQ+ employees and creating more inclusive HR policies). However, this group was 57% less likely to approve of more public demonstrations of support (like withdrawing sponsorship from sporting events in less inclusive areas). LGBTQ+ workers in this region are 39% more likely to support inclusive businesses and 17% more likely to consider LGBTQ+ friendliness in making spending decisions compared to the non-LGBTQ+ workers nationwide. However, there is a perception that state leadership speaks about the LGBTQ+ community in a more negative way (39% more likely than nationwide), which could partially explain why LGBTQ+ workers in the Southeast are 19% more likely to say that they would be open to moving to a state with better LGBTQ+ support.

Unless otherwise noted, all comparisons for more or less likely are compared to the National results. Regional results are based off of 1,500 respondents (LGBTQ+ and Non-LGBTQ+ responses have been weighted to be age-representative for each audience in each region). National results are based off of 600 respondents representative of each audience (LGBTQ+ vs Non-LGBTQ+).

States in the Southeast region included: Alabama, Arkansas, Kentucky, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia.

Legal status of the Lesbian, Gay and Bisexual Community

The state does not have nondiscrimination laws protecting LGBTQ+ people. Many municipalities have passed these protections on the local level, including: Myrtle Beach; Richland County; Columbia (city employees only); Charleston; Latta (city employees only); and Folly Beach (sexual orientation, but not gender identity).

There are no statewide non-discrimination policies for state employees on the basis of sexual orientation or gender identity.

There is no statute, regulation, and/or agency policy on discrimination against youth in foster care based on sexual orientation or gender identity.

South Carolina permits state-licensed child welfare agencies to refuse to place and provide services to children and families, including LGBTQ+ people and same-sex couples, if doing so conflicts with their religious beliefs.

South Carolina’s Religious Freedom Act forbids the state from “substantially burden(ing)” a person’s exercise of religion unless there is a demonstrable state interest. And the state must use the least restrictive means of furthering that compelling state interest.

Knowing exposure to HIV is a felony in South Carolina. Neither actual transmission nor the intent to transmit HIV is necessary for prosecution, and there have been numerous prosecutions under the law.

South Carolina does not have hate crimes protections based on sexual orientation or gender identity.

South Carolina has no restrictions on conversion therapy.

Legal status of the Transgender Community

South Carolina does not have a specific procedure for amending gender markers on birth certificates, but individuals can use general statutes governing corrections to the document. That process requires a court order, which doesn’t require surgery but is ultimately up to a judge’s discretion. The updated certificate is marked as “amended” but doesn’t indicate what was changed.

To update a name on a driver’s license, the applicant must submit a name change form and court order, if applicable. Amending gender markers requires medical documentation of a gender change and a legal document demonstrating it, such as an amended birth certificate or a court order.

There is no nonbinary option for driver’s licenses and birth certificates in South Carolina.

South Carolina Medicaid has no explicit policy regarding transgender health coverage and care.

There is no law in South Carolina providing LGBTQ+-inclusive insurance protections.

Government statements and actions

In 2022, the South Carolina general assembly reintroduced a bill that would punish any adults who provided minors with care related to gender transition. Another bill currently under review would make it illegal for trans middle and high school girls to play on girls sports teams.

The state house in 2021 passed a hate crimes law that includes sexual orientation and gender identity, and it’s in front of the senate. As of February 2022, the bill still awaits approval by the South Carolina senate. South Carolina is one of three states with no hate crimes legislation on the books.

The city of Columbia passed a local conversion therapy ban in 2021. However, a  state senator has asked Attorney General Alan Wilson to oppose it on grounds that it potentially violates therapists’ religious beliefs. Wilson has said that the ban will likely be struck down in court.

A 1988 law that forbade in-school discussion of LGBTQ+-related sex ed in any context other than the topic of sexually transmitted diseases was deemed unconstitutional in March 2020.

In 2018, the Governor asked for, and got, a waiver from the Trump administration that allowed an adoption agency that receives public funds to continue screening applicants based on religious criteria, a violation of an Obama-era law. In May 2019, a lesbian couple rejected by the agency sued the state and federal governments for discrimination.

In 2017, the District of South Carolina held that the state’s refusal to name two women on their twins’ birth certificates (one woman was the biological mother, and the other was her spouse) violated the women’s rights under the U.S. Constitution.

South Carolina currently has 14 anti-LGBTQ+ bills active in its legislature.