Minnesota

Find Your State

Know the laws in your state that protect LBGT people and people living with HIV.
YES
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
YES
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

See Minnesota Statutes Annotated § 363A.02 and 363.03. Minnesota Statutes Annotated Ch. 363, as amended by Ch. 22, H.F. No. 585 (4/2/93) covers public employment, public accommodations, private employment, education, housing, credit and union practices. (Covers all municipalities in the state and includes protection for transgender people.)

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.

HIV & Healthcare

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Does this state have an HIV criminalization law?

YES, Minnesota has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct.  A violation of this statute is classified as either a felony or a misdemeanor, depending on the circumstances.

Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in this state in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Minnesota.

Does this state have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

NO, Minnesota does not have laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, but that does not mean the state could not prosecute a person engaged in such activities under general criminal laws or argue for sentence enhancements based on the person’s HIV diagnosis.

Does this state have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

NO, Minnesota does not have laws that enhance penalties for HIV-positive people involved in commercial sexual transactions, but that does not mean that a prosecutor could not argue for an enhanced sentence in such a situation based on the defendant’s HIV-positive status, if the prosecutor has access to that information, or attempt to bring separate charges under an HIV-specific nondisclosure statute or the general criminal laws.

Who may adopt?

Any person. See Minn. Stat. § 259.22.

Second-parent adoptions:

Approved in lower courts (Aitkin and Hennepin counties).

Relationships

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YES
Does the state allow same-sex couples to marry?

There is a five-day waiting period after receiving a license.

YES
Does the state recognize marriages of same-sex couples from other jurisdictions?

State statute prohibits marriage between same-sex couples. See Minnesota Statutes § 363A.27.

YES
Does state law prohibit bullying in public schools?
YES
Does the law include cyberbullying?
YES
Does the law specifically mention sexual orientation?
YES
Does the law specifically mention gender identity?
Does the law also apply to private, non-religious schools?

No, legislation pending

YES
Is there a state antidiscrimination law that applies (or may apply) to schools?