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 LGBT+ 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.

The Southwest region had the lowest percent of non-LGBT+ respondents being willing to self-identify as an ally (44%), but, surprisingly, had the highest percentage of respondents classifying as LGBT+ friendly (slightly over 90%).  Over half of the of LGBT+ workers in the Southwest are out at work (54.4%, second behind the Southeast region) and LGBT+ workers in this region are also 14% less likely to feel they need to engage in covering behaviors around their sexual orientation at work to be successful. However, state leadership in this region is not seen as inclusive, and workers were 36% more likely to say that their leadership speaks about LGBT+ in predominantly negative terms.  This region was also 43% more likely to list “including visibly LGBT+ people in advertising and communications” as one of the top ways that business could demonstrate their support. However, the non-LGBT+ respondents in this region were the least likely to list public demonstrations of support as one of the top ways that businesses could express their commitment to the LGBT community.  Particularly around marketing to LGBT+ customers and public advocacy (77% and 50% less likely respectively).

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 (LGBT+ and Non-LGBT+ 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 (LGBT+ vs Non-LGBT+).

States in the Southwest region included: Arizona, New Mexico, Oklahoma, Texas

Legal status of the Lesbian, Gay and Bisexual Community

• Texas does not include sexual orientation or gender identity in its nondiscrimination laws. Some cities, such as Dallas and Austin, have passed local protections inclusive of SOGI.
• State employees are not protected from discrimination on the basis of sexual orientation or gender identity.
• Youths in foster care are not protected from discrimination on the basis of sexual orientation or gender identity. They may even be at increased risk of discrimination because of a religious freedom law passed in 2017 that requires any governmental entity or person that contracts with the state of Texas to not take adverse action against a child welfare services provider on the basis that the provider has declined or will decline to provide services that conflict with their religious beliefs.
• The state does permit agencies to decline prospective adoptive parents based on religious beliefs. Child welfare agencies are permitted to decline to assist LGBT+ parents.
• Both parents can be represented on a birth certificate.
• Under the Texas Religious Freedom and Restoration Act, a government agency may not substantially burden a person’s free exercise of religion unless it can show compelling governmental interest and is the least restrictive means of furthering that interest.
• Texas does have hate crime protections inclusive of sexual orientation, but not gender identity.

Legal status of the Transgender Community

• Transgender individuals can amend gender markers on their birth certificate or driver’s license by obtaining a court order, but the process is difficult for many. Both applications require a letter from either a physician or licensed therapist.
• Insurance companies are permitted to exclude transgender care.
• State hate crimes legislation is not inclusive of gender identity.

Government statements and actions

• In 2016, Governor Greg Abbott and Lieutenant Governor Dan Patrick praised North Carolina’s HB2 “Bathroom Bill.” They both pushed for Texas to adopt one, and the bitter battle over that bill consumed much of both the regular and special legislative sessions in 2017.
• In 2017, Gov. Abbott signed a bill that allows Texas child welfare providers to deny adoptions and other services to children and parents based on “sincerely held religious beliefs.”
• Senator Ted Cruz commented on North Carolina’s HB2 by saying this at a Sunday campaign event: “If Donald Trump dresses up as Hillary Clinton, he still can’t go to the girl’s bathroom.”
• There were nearly two dozen anti LGBT+ bills introduced in the state legislature in the 2019 session, largely in the “religious refusals/exemptions” category. The bills were being countered by protective bills introduced by members of the state’s first LGBTQ caucus, which includes five out lawmakers. The LGBTQ Caucus sought to ban conversion therapy and discrimination in employment and housing in its first legislative session; however none became law.