Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Historically, Indiana had severe penalties in place for same-sex activity, including the death penalty for sodomy, until decriminalization in 1976. Same-sex marriages have been recognized and performed in Indiana since 2014, when the U.S. Supreme Court refused to consider an appeal in the case of Baskin v. Bogan. There had been regular attempts to adopt a constitutional amendment defining marriage as a union between a man and a woman since 2004, but they have failed. Indiana previously tracked bias crimes, including those based on sexual orientation, but did not enhance sentencing for such crimes until April 2019 when the state passed a hate crimes law allowing judges to impose harsher sentences for crimes committed with intent to harm or intimidate based on perceived or actual characteristics.
In 2004, Governor Joe Kernan issued an executive order protecting state employees from discrimination based on sexual orientation and gender identity, which was further reinforced in 2005 by Governor Mitch Daniels, though state statutes do not include these categories among its non-discrimination grounds. Indiana's 2015 Religious Freedom Restoration Act faced significant backlash from groups which argued it targeted LGBT rights and was later clarified to prevent discrimination based on sexual orientation and gender identity.
In May 2023, Indiana passed HB 1608, prohibiting classroom instruction on "human sexuality" from kindergarten to third grade and requiring schools to inform parents if a minor student requests a change in name or pronouns. A federal judge upheld an injunction in August 2023, preventing Indiana schools from restricting bathroom access for transgender students. In March 2023, Indiana passed a bill banning gender-affirming healthcare for minors, which took effect in February 2024, and in April 2023 the state banned gender-affirming healthcare within prisons. Indiana statutes allow single LGBT persons and same-sex couples to adopt. A federal ruling in 2016 required the state to list both same-sex parents on birth certificates. In May 2023, the Governor signed a law prohibiting local governments from enacting bans on conversion therapy, effectively keeping the practice legal statewide. In March 2025, Governor Mike Braun signed an executive order defining sex solely as assigned sex at birth, resulting in the Indiana Department of Health to ban gender marker changes on birth certificates.
A 2022 Public Religion Research Institute poll found that 67% of Indiana residents supported same-sex marriage, 78% supported anti-discrimination laws covering sexual orientation and gender identity, and 57% opposed allowing public businesses to refuse service to LGBTQ people based on religious beliefs.
Legality of same-sex sexual activity In 1795, Indiana as part of the Northwest Territory passed the "buggery" law, which punished male sodomy with death. In 1807, the Indiana Territory enacted a criminal code which included a sodomy provision, eliminating the gender-specifics (meaning it would be applicable to both heterosexual and homosexual conduct), reducing the penalty to one to five years' imprisonment, a fine of 100 to 500 dollars, up to 500 lashes and a permanent loss of civil rights. Sodomy was briefly legal between the years 1852 and 1881, as a new criminal code was passed without any mention to sodomy. In 1881, the state passed a statute outlawing anal intercourse, fellatio (oral sex) as well as masturbation under the age of 21 (which was labelled "self-pollution") for both heterosexuals and homosexuals. Penalty was set at "not more than fourteen years nor less than two years". In the 1923 case of Young v. State, the Indiana Supreme Court unanimously ruled that cunnilingus was also criminal, and in 1939, in Connell v. State, rejected contentions had the statute applied only to homosexual sexual activity.
In 1949, the state passed a psychopathic offender law, under which any person above 16 years of age suffering from a "mental disorder" "coupled with criminal propensities to the commission of sex offenses" would be labelled a "criminal sexual psychopathic person". Those convicted of sodomy would not be able to leave correctional institutions until their "full recovery of criminal psychopathy". A law review article in 1947 showed 160 commitments under the law, of which 60 (38%) were for sodomy and none of the offenders had been a woman. A majority of these commitments were for heterosexual conduct. In 1959, an amendment to the law meant that those refusing to cooperate with examining psychiatrists could be held in contempt of court. In 20 years of operation, only 10 "consensual adult homosexuals" were committed under the law. The law was upheld by the Indiana Supreme Court in 1968 in State ex rel. Haskett v. Marion County Criminal Court, Division One et al. In 1971, the Indiana General Assembly amended the law, removing sodomy from the list of triggering offenses, if consensual and committed with an adult person.
In 1967, in a divided 3-2 ruling, the Indiana Supreme Court upheld as constitutionally sufficient an indictment charging the "abominable and detestable crime against nature". Justice Amos W. Jackson dissented, writing that the
Jackson further wrote that he
In 1968, in Cotner v. Henry, the Seventh Circuit Court of Appeals ruled 2–1 that married couples could not be prosecuted under the sodomy statute. In Dickson v. State (1971), the Indiana Supreme Court upheld the constitutionality of the sodomy law, in a divided 3–2 vote. Dissenting, Justice Roger DeBruler wrote that the
Indiana decriminalized same-sex sexual activity in 1976, effective on July 1, 1977. The age of consent is 16. An attempt to reinstate consensual sodomy as a felony was rejected by a House committee in 1977, by a 6–4 vote.
Recognition of same-sex relationships
Same-sex marriages are recognized and performed in Indiana under a federal court decision in October 2014.
Annual attempts to adopt a constitutional amendment defining marriage as the union of a man and a woman have failed since 2004. Indiana requires that two separately elected legislatures approve an amendment for it to be put to a popular vote. The proposed amendment passed both chambers in 2005, and then again in 2011. On June 25, 2014, U. S. District Court Judge Young declared Indiana's same-sex marriage ban to be unconstitutional, and same-sex couples immediately began to secure marriage licenses. However, the ruling was appealed. On October 6, 2014, the U.S. Supreme Court refused to hear the appeal, effectively legalizing same-sex marriage in Indiana.
Domestic partnerships
There is no recognition of domestic partnerships at the state level in Indiana. Three cities have passed such opportunities.
Bloomington In 1997, Bloomington established domestic partnerships for unmarried city employees. Carmel Carmel has established domestic partnerships for unmarried city employees. Indianapolis On August 13, 2012, the Indianapolis City-County Council, in a 20-8 bipartisan vote, established domestic partnerships for all married and unmarried employees in the city and county. On August 23, 2012, Mayor Greg Ballard signed the ordinance into law which went into effect on January 1, 2013.
Discrimination protections
Governor Joe Kernan issued an executive order in 2004 protecting state employees from discrimination based on sexual orientation as well as gender identity and expression. In 2005, Governor Mitch Daniels added the terms "sexual orientation" and "gender identity" to the list of protected categories in state employment covered by the state's Equal Employment Opportunity policy.
In 2013, Kim Hively filed a lawsuit against the Ivy Tech Community College of Indiana in South Bend, arguing that she was denied promotions and let go from her job because of her sexual orientation. The United States Court of Appeals for the Seventh Circuit heard oral arguments in the case, known as Hively v. Ivy Tech Community College, in November 2016 with discussion focusing on the meaning of the word "sex" in Title VII of the Civil Rights Act, which bans workplace discrimination based on race, religion, national origin or sex. On April 4, 2017, the Court of Appeals ruled in an 8–3 vote that the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation via the category of "sex". Ivy Tech subsequently stated they would not appeal the ruling to the Supreme Court. Human Rights Campaign hailed the ruling, saying: "Today's ruling is a monumental victory for fairness in the workplace, and for the dignity of lesbian, gay and bisexual Americans who may live in fear of losing their job based on whom they love." The court decision establishes that workplace discrimination on account of sexual orientation (such as in hiring or promotions, etc.) violates federal civil rights law, and is therefore prohibited. The ruling is only binding to the states of Illinois, Indiana and Wisconsin.
The counties of Marion, Monroe, Tippecanoe, and Vanderburgh, along with the cities and towns of Anderson, Bloomington, Carmel, Columbus, Crawfordsville, Evansville, Hammond, Indianapolis, Kokomo, Lafayette, Michigan City, Muncie, Munster, New Albany, South Bend, Terre Haute, Valparaiso, West Lafayette, and Zionsville, have ordinances prohibiting employment discrimination on the basis of sexual orientation and gender identity.
Lake County, Fort Wayne, and Whitestown have ordinances prohibiting employment discrimination on the basis of sexual orientation only.
Religious objections On March 26, 2015, Governor Mike Pence signed the Religious Freedom Restoration Act (RFRA), also known as the Indiana "religious objections" bill, into law. The law's signing was met with widespread criticism by such organizations as the NCAA, Apple CEO Tim Cook, the gamer convention Gen Con, and the Disciples of Christ. Technology company Salesforce.com said it would halt its plans to expand in the state. Thousands protested against the policy.
On April 2, 2015, Governor Pence signed a measure into law which was intended to be a clarification of the newly enacted legislation. According to The Indianapolis Star:
Gay-Straight Alliances In December 2021, a federal judge allowed gay-straight alliances to be permitted within public schools. A group of students sued the school in Pendleton for banning gay-straight alliances.
Adoption and parenting Indiana statutes permit single LGBT persons to adopt. The state Court of Appeals ruled in 2006 that unmarried couples, including same-sex couples, may adopt as well. Local courts also support the right of a same-sex partner to adopt his or her same-sex partner's biological or adopted child.
In 2005, the Indiana Court of Appeals unanimously ruled that lesbian partners who agree to conceive a child through artificial insemination are both the legal parents of any children born to them. Indiana law allows any woman to undergo artificial insemination. The spouse of a pregnant women is generally presumed to be the parent of her child.