Several state non-discrimination statutes include the phrases gender identity/gender expression and sexual orientation as factors in addition to race and sex against which alleged discrimination is prohibited. Other state legislatures have proposed legislation which would add these terms or further broaden them. Many bills would make it illegal to deny employment, housing and even public accommodations such as rest rooms and other traditionally sex-specific spaces to a person based upon what sex they perceive themselves to be any particular day.

The concept of gender identity/gender expression attempts to legitimize a persons wish, perception or belief that he or she is the opposite sex than his or her actual sex at birth. This type of legislation tries to normalize and mainstream transgendered behavior, cross-dressing, etc. Additionally if enacted, those measures that include public accommodations become a public safety concern. This occurs by creating legitimized access sought by predators to women and children in places such as public restrooms and gym locker rooms, where entitlement to privacy has always been recognized.

The map below will give you an idea of the state of gender identity/gender expression and sexual orientation in the states.