Trans Legislation Tracker

Indiana

We are tracking 6 anti-trans bills in Indiana in 2024. The legislation impacts 5 categories:

HEALTHCARE

CIVIL RIGHTS

INCARCERATION

OTHER

EDUCATION

IN HB1266

HEALTHCARE
FAILED

Freedom of conscience in health care.

Freedom of conscience in health care. Provides that a health care provider, health care entity, and a health carrier may not be required to provide or refer an individual for a health care service that violates the conscience of the health care provider, health care entity, or health carrier. Establishes an exception for a health carrier. Specifies that a health care provider, health care entity, or a health carrier may not be subject to discrimination and certain other acts and liability for declining to provide the health care service. Establishes a civil action for a violation of these provisions. Provides that a person who prevails in a civil action is entitled to certain relief.

A health care entity may not be required to perform, provide, participate in, or refer an individual for a health care service that violates the health care entity's conscience.

IN HB1291

CIVIL RIGHTS
FAILED

Gender based terms.

Gender based terms. Defines specific terms for purposes of certain statutes that concern sex discrimination and benefits and services that are designated based upon sex. Provides exceptions. Replaces the term "gender" with the phrase "biological sex" in certain statutes in which the term is used to describe the condition of being physically male or female.

The following definitions apply to the construction of all Indiana statutes concerning sex discrimination and benefits or services that are designated based upon sex: (1) "Boy" means a male person less than eighteen (18) years of age. (2) "Father" means a male parent of a child. (3) "Female"means a person with a reproductive system that but for a medically verifiable genetic disorder of se development, at some point produces ova (4) "Girl" means a female person less than eighteen(18) year of age (5) "Male" means a person with a reproductive system that but for a medically verifiable genetic disorder of se development, at some point produces sperm for fertilization of ova (6) "Man" means a male person at least eighteen (18) years of age. [...] (8) "Mother" means a female parent of a child. [...] (10) "Woman" means a female person at least eighteen (18) years of age.

IN HB1406

INCARCERATION
FAILED

Assignment of offenders based on biological sex.

Assignment of offenders based on biological sex. Provides that the department of correction shall assign an offender, including a delinquent offender, to a facility or program that is based on the offender's biological sex at birth in accordance with the offender's genetics and reproductive biology.

The department shall assign an offender to a facility or program that is based on the offender's biological sex at birth in accordance with the offender's genetics and reproductive biology.

IN SB0028

OTHER
FAILED

Discriminatory financial services practices.

Discriminatory financial services practices. Prohibits a financial services provider from discriminating in providing financial services to a consumer by using a social credit score as a basis for directly or indirectly: (1) declining to provide to the consumer full and equal access to one or more financial services; or (2) providing the consumer with one or more financial services on less favorable terms and conditions than would otherwise apply to the consumer if a social credit score were not used. Defines "social credit score" for purposes of these provisions. Specifies that the term does not include an analysis that involves a financial services provider's evaluation of any quantifiable risks of a consumer's participation in certain business activities or business associations, if the analysis is based on impartial, financial risk based standards that are: (1) established in advance; and (2) publicly disclosed to customers and potential customers; by the financial services provider. Provides that if a financial services provider refuses to provide, terminates, or restricts one or more financial services with respect to a consumer, the consumer may request from the financial services provider a statement of the specific reasons constituting the basis for the refusal, termination, or restriction. Provides that a financial services provider that receives such a request shall transmit to the consumer a written statement setting forth the specific reasons constituting the basis for the refusal, termination, or restriction. Sets forth requirements regarding the: (1) content of; and (2) means and time frame for submitting; a request or statement under these provisions. Provides that a violation of these provisions constitutes a deceptive act that is actionable under the deceptive consumer sales act only by the attorney general. Provides that a consumer aggrieved by a violation of these provisions may bring a civil action for damages, injunctive relief, or both.

Prohibits a financial services provider from discriminating in providing financial services to a consumer by using a social credit score as a basis for directly or indirectly: (1) declining to provide to the consumer full and equal access to one or more financial services; [...] As used in this chapter, "social credit score" means any analysis, rating, score, numerical value, or categorization that is derived from an evaluation of any of the following: [...] (5) A consumer's failure or refusal to facilitate or assist employees in obtaining abortions or gender transition procedures.

IN SB0191

EDUCATION
FAILED

Transparency and freedom of expression.

Transparency and freedom of expression. Establishes restrictions on a state educational institution (institution) in regard to the following: (1) A student's or employee's ideological or political viewpoints or refusal to support or endorse one or more divisive concepts. (2) Requiring a student to submit or affirm a personal diversity statement. (3) Conducting any mandatory training that includes divisive concepts or taking other specified actions related to divisive concepts. (4) Exhibiting bias against or favoritism for certain individuals or groups of individuals. (5) Requiring a student group to pay fees or security deposits that are not charged to all other student groups or denying a student group access to institution property that is routinely used by other student groups. Establishes requirements for institutions regarding the following: (1) Maintaining and posting reports of violations submitted by students or employees on the institution's website. (2) Informing students and employees regarding certain restrictions and requirements to which the institution is subject and to the definition of divisive concept. (3) Conducting, posting the results of, and submitting a report to the legislative council regarding a biennial survey. (4) Posting a current syllabus for each course offered in the current semester at the institution on the institution's website. (5) Submitting the following: (A) Certain reports to the institution's chief executive officer. (B) Certain reports to the commission for higher education (commission). Provides that a student or employee of an institution who believes that an institution has violated certain restrictions on institutions may file a report of the alleged violation with the institution. Establishes requirements regarding individuals employed by an institution whose primary or secondary job duties or job title includes diversity, equity, or inclusion. Allows and requires the commission to adopt rules.

An institution may not: (1) penalize, discriminate against, or treat adversely a student or employee of the institution due to the student's or employee's refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to one (1) or more divisive concepts; (2) require a student or employee of the institution to endorse a specific ideology or political viewpoint to be eligible for hiring, tenure, promotion, or graduation; (3) ask the ideological or political viewpoint of a student, job applicant, job candidate, or candidate for promotion or tenure; or (4) require an applicant for employment or admission to: (A) submit a personal diversity statement; or (B) affirm the applicant's agreement with an institutional diversity statement; as part of the application or admissions process

IN SB0202

EDUCATION
PASSED

State educational institution matters.

State educational institution matters. Amends the duties of state educational institutions' diversity committees. Provides that certain offices or individuals established or employed by a state educational institution (institution) regarding diversity programming must include within the mission of the office or position programming that substantially promotes both cultural and intellectual diversity. Establishes various requirements and restrictions for institutions regarding free inquiry, free expression, and intellectual diversity that does the following: (1) Requires the establishment of certain policies regarding: (A) disciplinary actions for certain persons that materially and substantially disrupt protected expressive activity; (B) limiting or restricting the granting of tenure or a promotion if certain conditions related to free inquiry, free expression, and intellectual diversity are not met; and (C) disciplinary actions that will be taken if, after a review, a determination has been made that a tenured faculty member has failed to meet certain criteria related to free inquiry, free expression, and intellectual diversity. (2) Requires the review and consideration, at least every five years, of certain criteria related to free inquiry, free expression, and intellectual diversity. (3) Requires the establishment of a procedure that allows students and employees to submit complaints that a faculty member or contractor is not meeting certain criteria related to free inquiry, free expression, and intellectual diversity and establishes requirements regarding the procedure and submitted complaints. (4) Establishes consideration requirements before an institution renews an employment agreement or other contract with, makes a bonus decision regarding, or completes a review or performance assessment of a faculty member or contractor. (5) Prohibits requiring an applicant, employee, or contractor to pledge allegiance to or make a statement of personal support for: (A) certain policies or actions; or (B) political or ideological movements. (6) Establishes restrictions regarding awarding admission, enrollment, employment, benefits, hiring, reappointment, promotion, or granting tenure to an applicant, employee, or contractor on the basis of the viewpoints expressed in a submitted pledge or statement. (7) Requires certain information be included in an institution's programming for new students. (8) Requires the adoption of a statement on neutrality that makes a distinction between the official positions of an institution from the individual viewpoints of the institution's employees, contractors, students, and alumni. (9) Allows the commission for higher education (commission) to establish a survey that attempts to collect information from students regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies and requires an institution to promote and provide the survey to students. (10) Establishes various reporting requirements by institutions or the commission concerning complaints submitted regarding faculty members or contractors who are not meeting certain criteria related to free inquiry, free expression, and intellectual diversity. (11) Provides that certain individuals may request the commission to review a final decision by an institution concerning a violation of these provisions. Provides that the commission may enter into an agreement with the office of administrative law proceedings to review violations of certain provisions and issue an opinion on behalf of the commission. Requires each institution to submit certain information by September 1, 2024, and on September 1 of each year thereafter.

An institution may not require an applicant, an employee, or a person described in subsection (a) to [...] make a statement of personal support for any: (1) policy or action that would treat similarly situated people or groups of people differently based on the race, color, national origin, sex, sexual orientation, or religion; or (2) political or ideological movement.