Home › Insurance › Gender & marital status in car insurance by state
Direct answer: In most states, yes. As of Oct. 18, 2026, six states bar gender in car insurance rates: California, Hawaii, Massachusetts, Michigan, North Carolina and Pennsylvania. Hawaii, Massachusetts and Michigan also bar marital status. Montana rolled back its ban in 2021, so older lists are out of date. Tennessee, Texas and Florida have no ban.
By the numbers: Gender and marital status in auto insurance rates, 50 states + DC, read from state laws Oct. 18, 2026: gender banned in 6 states, marital status in 3, Montana allows both since 2021, no ban found in 43 + DC. Source: VaultRubric from state statutes
“Montana now allows the use of gender and marital status in insurance premium and rate calculations, based on accepted actuarial methods.” — NISS Bulletin 05-2025
Updated 2026-10-18
In most states, yes, if it's backed by loss data. As of Oct. 18, 2026, California, Hawaii, Massachusetts, Michigan, North Carolina and Pennsylvania bar gender as a car insurance rating factor. Elsewhere insurers may use it, and young men usually pay more.
California (by regulation since Jan. 1, 2019), Hawaii (HRS § 431:10C-207), Massachusetts (M.G.L. c. 175E § 4), Michigan (MCL 500.2111(4), since the 2019 reform), North Carolina (G.S. 58-3-25, since 1975) and Pennsylvania (state Equal Rights Amendment, Bartholomew v. Foster, 1988).
No. A 2021 amendment to MCA 49-2-309 says using accepted ratemaking methods based on sex or marital status is not a violation, and Montana auto class plans may include both for policies effective April 1, 2025 and later. Many older lists still show Montana.
It can in most states, where insurers may use marital status as a rating factor (California lists it as an approved optional factor). Hawaii, Massachusetts and Michigan bar marital status in auto rates, so marrying won't change your rate there on that basis.
Yes. Tennessee isn't on the list of gender-ban states, and we found no Tennessee ban on gender or marital status, so insurers can use them where actuarially supported. Texas and Florida are the same. Shop several insurers.
In most states, yes. Hawaii bars age and length of driving experience, Massachusetts bars age except for a 25% lower rate at 65+, and North Carolina bars age in private passenger car rates. Michigan allows age or years of driving experience.
Gender and marital-status rating rules for auto insurance read from CA, HI, MA, MI, NC, PA and MT laws/bulletins (plus DE/OR bill status); checked Oct. 18, 2026.
As of Oct. 18, 2026 · read from state laws · 50 states + DC · car insurance
In most states, car insurers can use your gender and marital status. California, Hawaii, Massachusetts, Michigan, North Carolina, Pennsylvania bar gender in auto rates; Hawaii, Massachusetts, Michigan also bar marital status. Montana dropped its ban in 2021. Tennessee, Texas and Florida have no ban.
The math:
Sources: Your state's rule · Every state · Sources
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Read on Oct. 18, 2026 from each state's statute, regulation or official bulletin (linked in each row). 6 states bar gender in auto rates (California, Hawaii, Massachusetts, Michigan, North Carolina, Pennsylvania); 3 also bar marital status (Hawaii, Massachusetts, Michigan). Montana, on many older lists, now allows both. For the other 43 states and D.C. we found no statewide ban. California's rule list is a Cornell LII copy of the regulation; Pennsylvania's statute text is a FindLaw copy. Puerto Rico and the territories are not covered.
| State | Gender | Marital status | What the rule says | Law | Source |
|---|---|---|---|---|---|
| Alabama | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Alaska | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Arizona | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Arkansas | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| California | Banned | Allowed by law | Auto rates must be set from your driving record, miles driven and years of driving experience, plus only the optional factors the Insurance Commissioner approves. Gender was removed from that list by a regulation effective Jan. 1, 2019. Marital status is still an approved optional factor. | Cal. Ins. Code § 1861.02; 10 CCR § 2632.5 | Cal. Ins. Code § 1861.02 10 CCR § 2632.5 (Cornell LII copy) California Dept. of Insurance, Jan. 2019 release |
| Colorado | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Connecticut | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Delaware | No ban found | No ban found | A 2022 bill (SB 231) to ban gender, gender identity and sex as auto rating factors died in a House committee when the session ended. Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) Delaware SB 231 (2022) |
| District of Columbia | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Florida | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Georgia | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Hawaii | Banned | Banned | No insurer may base any standard or rating plan, directly or indirectly, on your sex or marital status. The same law also bars age, length of driving experience, credit bureau rating, race, creed, ethnic extraction and physical handicap, and applies to underwriting as well as rates. | HRS § 431:10C-207 | HRS § 431:10C-207 |
| Idaho | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Illinois | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Indiana | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Iowa | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Kansas | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Kentucky | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Louisiana | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Maine | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Maryland | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Massachusetts | Banned | Banned | For motor vehicle insurance rates, risks can't be grouped by sex or marital status, and can't be grouped by age except to give drivers 65 or older the required 25% lower rate. | M.G.L. c. 175E § 4(d) | M.G.L. c. 175E § 4 |
| Michigan | Banned | Banned | Insurers can't set auto rates or rating classes based on sex or marital status (or home ownership, education, occupation, ZIP code or credit score). The number of licensed drivers in the household can't be used as a stand-in for marital status. Michigan's regulator says the ban covers all auto coverages, not just PIP. | MCL 500.2111(4) | MCL 500.2111 Michigan DIFS auto reform FAQ |
| Minnesota | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Mississippi | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Missouri | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Montana | Allowed by law | Allowed by law | Montana's unisex insurance law still bars discrimination solely on sex or marital status, but a 2021 amendment says using accepted ratemaking methods based on sex or marital status to set premiums is not a violation. The statistical agent NISS says Montana auto class plans may include gender and marital status for policies effective April 1, 2025 and later. Many older lists still show Montana as a ban state. | MCA 49-2-309(4) (Ch. 250, L. 2021) | MCA 49-2-309 NISS Bulletin 05-2025 (Montana) |
| Nebraska | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Nevada | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| New Hampshire | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| New Jersey | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| New Mexico | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| New York | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| North Carolina | Banned | No ban found | Since Sept. 1, 1975, no insurer may base any rating plan for private passenger cars or motorcycles, directly or indirectly, on the age or sex of the people insured, and the state Rate Bureau's classification plan can't use age or gender either. Neither law mentions marital status. | N.C. Gen. Stat. §§ 58-3-25(a), 58-36-10(4) | N.C. Gen. Stat. § 58-3-25 N.C. Gen. Stat. § 58-36-10 |
| North Dakota | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Ohio | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Oklahoma | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Oregon | No ban found | No ban found | A 2025 bill (HB 3423) to limit the information insurers may use to set car insurance rates stayed in a House committee. Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) Oregon HB 3423 (2025) |
| Pennsylvania | Banned | No ban found | A 1988 Commonwealth Court decision held sex-based insurance rates violate Pennsylvania's Equal Rights Amendment, and the Insurance Department required gender to be removed from auto rates by March 1, 1989. The rate statute still contains a 1986 clause allowing sex-based auto rates, but the court struck it down. We found no marital-status ban. | Pa. Const. art. I § 28; Bartholomew v. Foster (1988); 27 Pa.B. 2557 | 27 Pa.B. 2557 (Pa. Insurance Dept., 1997) 40 P.S. § 1183 (FindLaw copy) |
| Rhode Island | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| South Carolina | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| South Dakota | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Tennessee | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Texas | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Utah | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Vermont | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Virginia | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Washington | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| West Virginia | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Wisconsin | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
| Wyoming | No ban found | No ban found | Not on the NAIC journal's list of states that ban gender in auto insurance, and we found no statewide ban on gender or marital status, so insurers can generally use them where actuarially supported. We did not read every line of this state's insurance code; check your state insurance department. | No statewide ban found | NAIC Journal of Insurance Regulation (2021) |
How we built this: we started from the NAIC journal's 2021 list of states that ban gender in auto insurance, read each of those states' current laws on Oct. 18, 2026, saved a copy with a checksum, and our build checks that every rule's quoted words appear in that saved text (72 quotes), that California's approved-factor list has no gender factor but does list marital status, and that Montana's current law allows sex-based ratemaking. We did not read every other state's insurance code; those rows mean no statewide ban was found, not that there are no rules at all.
Facts, not legal advice or a quote. We don't sell insurance or show prices. Rules for life, health and homeowners insurance differ. Confirm with your state insurance department.
In most states, yes, if it's backed by loss data. As of Oct. 18, 2026, California, Hawaii, Massachusetts, Michigan, North Carolina and Pennsylvania bar gender as a car insurance rating factor. Elsewhere insurers may use it, and young men usually pay more.
California (by regulation since Jan. 1, 2019), Hawaii (HRS § 431:10C-207), Massachusetts (M.G.L. c. 175E § 4), Michigan (MCL 500.2111(4), since the 2019 reform), North Carolina (G.S. 58-3-25, since 1975) and Pennsylvania (state Equal Rights Amendment, Bartholomew v. Foster, 1988).
No. A 2021 amendment to MCA 49-2-309 says using accepted ratemaking methods based on sex or marital status is not a violation, and Montana auto class plans may include both for policies effective April 1, 2025 and later. Many older lists still show Montana.
It can in most states, where insurers may use marital status as a rating factor (California lists it as an approved optional factor). Hawaii, Massachusetts and Michigan bar marital status in auto rates, so marrying won't change your rate there on that basis.
Yes. Tennessee isn't on the list of gender-ban states, and we found no Tennessee ban on gender or marital status, so insurers can use them where actuarially supported. Texas and Florida are the same. Shop several insurers.
In most states, yes. Hawaii bars age and length of driving experience, Massachusetts bars age except for a 25% lower rate at 65+, and North Carolina bars age in private passenger car rates. Michigan allows age or years of driving experience.
Facts, not insurance advice. We don't sell insurance or provide quotes; confirm coverage and requirements with the insurer, an agent or your state insurance department.
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