After same-sex marriage, then what?

The most immediate outcome will be a fight over reconciling the new legal status for LGBT couples with the nation’s patchwork of nondiscrimination laws. According to data compiled by the Human Rights Campaign, only 19 states prohibit discrimination in the workplace based on sexual orientation and gender identity. An additional three states prohibit discrimination based on sexual orientation but not gender identity, while ten states provide protections only for LGBT people who are public employees. 18 states have no laws prohibiting workplace discrimination against LGBT people. Laws prohibiting discrimination in housing and public accommodations are even spottier.

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So, in the wake of the anticipated Supreme Court ruling, many more LGBT Americans could find themselves in a strange, precarious place. Eighteen states would be forced to recognize the legality of their marriage while providing no protections against discrimination in the workplace, housing, or public accommodations. In these states, a gay employee could be congratulated by a coworker for his upcoming nuptials and the next day find a pink slip on his desk. Legally married gay couples could find themselves denied equal rights to housing or a vacation rental.

It is notable that these nondiscrimination laws don’t exist in more states, as they are far more popular than support for legalizing same-sex marriage.

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