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Which US states have laws protecting trans and nonbinary individuals from discrimination during reentry?
Executive Summary
The available materials do not identify a definitive, up-to-date list of U.S. states that specifically codify protections for transgender and nonbinary people during the reentry process; most sources document broader nondiscrimination statutes, carceral housing policies, or reentry reforms that may indirectly benefit these populations. Key references show [1] a set of states with explicit gender-identity nondiscrimination laws in employment, housing, or public accommodations (dating from earlier compilations), [2] state-level carceral housing and PREA-influenced policies that affect incarcerated trans people, and [3] reentry-focused legislative databases that must be filtered to isolate civil-rights protections for reentering trans and nonbinary individuals [4] [5] [6]. These materials emphasize that determining which states protect trans and nonbinary people during reentry requires targeted searches of civil-rights, housing, and corrections statutes rather than reliance on general reentry summaries [7] [8].
1. Why the question is harder than it looks — laws vs. reentry-specific protections
The documents reveal a crucial distinction: many states have general gender-identity nondiscrimination laws, but these do not automatically translate into explicit protections during reentry or in carceral settings. Analyses of nondiscrimination statutes catalog states that prohibit discrimination based on gender identity in employment, housing, or public accommodations, and one older compilation named 16 states plus Washington, D.C., with such protections [4]. However, reentry encompasses a unique set of interactions — parole supervision, employment licensing, public benefits, and housing access — and reentry-specific statutes or policies are cataloged separately in reentry and criminal-record legislative databases. The National Conference of State Legislatures (NCSL) reentry database is current through March 2025 but requires filtering by civil-rights topics to reveal laws relevant to trans and nonbinary people during reentry [6]. This structural separation explains why simple crosswalks are not present in the sources reviewed.
2. Where law and prison practice collide — housing, placement, and GENDA in New York
Carceral housing rules and state nondiscrimination laws intersect in ways that directly affect transgender and nonbinary people during custody and reentry planning. New York’s Gender Expression Non-Discrimination Act (GENDA) explicitly bans discrimination in housing accommodations on the basis of gender identity; scholars argue that the statutory definition of “housing accommodation” covers prisons and should constrain placement decisions, creating a legal basis to challenge policies that house incarcerated people by sex assigned at birth [5]. The analysis highlights conflict between stated nondiscrimination law and on-the-ground prison placement practices, noting court interpretations that extend housing-accommodation language to state-funded institutions and arguing that current placement policies may violate state law. This illustrates how statewide nondiscrimination statutes can have immediate implications for carceral placement and reentry transition plans when courts or advocates advance those arguments.
3. Mapping protections: guides, databases, and gaps in state-by-state coverage
Advocacy and research resources attempt to map protections, but the materials show uneven coverage and dated updates. A Carceral Housing Resource provides a state map and sample materials covering all 50 states and territories, but the guide’s last known major update predates the 2025 materials and the entry notes that policies change frequently [9]. The NCSL reentry and criminal-records database is updated quarterly and extends back to 2019, but it does not automatically isolate gender-identity protections during reentry; users must filter by civil-rights or related topics to locate relevant enactments [6]. The practical implication is that researchers and advocates must triangulate across nondiscrimination law compilations, corrections policy trackers, and reentry enactment databases to assemble an accurate, current picture [9] [6].
4. What the statistics show — coverage for employees vs. reentering people
National overviews indicate substantial, but partial, statewide protections for LGBTQ people in employment and state-employee policies, yet these metrics do not equate to reentry protections. One analysis reports that roughly half of the LGBTQ population resides in states that prohibit employment discrimination on the basis of sexual orientation and gender identity, and that a larger share lives where protections for state employees exist [10]. These figures reflect employment and administrative policies rather than targeted reentry statutes. Thus, an individual leaving incarceration may benefit indirectly from state nondiscrimination protections in housing or employment, but the presence of those statutes is not synonymous with explicit legal shields for reentry processes, licensing reinstatement, or corrections placement [10].
5. Takeaway for researchers, advocates, and reentering individuals — how to get a definitive answer
The sources advise a multi-step approach to identify states that protect trans and nonbinary people during reentry: consult updated reentry legislative databases and filter for civil-rights or nondiscrimination enactments; cross-check state nondiscrimination compilations covering employment, housing, and public accommodations; and review state corrections and carceral-housing policies, including whether a state has adopted PREA-related guidance or explicit placement rules [6] [4] [11]. Advocacy resources like state maps and sample letters can accelerate local inquiries, but users must verify current statutes or department-of-corrections policies because the landscape shifts frequently [9]. Researchers should treat older compilations as starting points and rely on the 2024–2025 database updates to produce an authoritative, state-by-state list.