LGBTQ rights in the United States

[25] On June 26, 2003, the Supreme Court ruled in Lawrence v. Texas that intimate consensual sexual conduct is part of the liberty protected by substantive due process under the Fourteenth Amendment.

Two-thirds of registered U.S. voters agree with the Supreme Court's decision that employment nondiscrimination laws should protect LGBTQ identity, according to a HuffPost/YouGov poll conducted several days later.

[78] According to the American advocacy group Human Rights Campaign, more than 10000 local anti-LGBTQ bills have been introduced in 2023 by members of the conservative Republican Party, including more than 190 that are specifically anti-trans.

[83] In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.

As of October 2023, 17 states and the District of Columbia have banned the so-called "gay panic defense": California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New Hampshire New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington.

Application of Article 125 was severely limited by the 2003 U.S. Supreme Court decision in Lawrence v. Texas, and it was amended only to apply to 'forcible sodomy' on December 26, 2013, when President Barack Obama signed into law the National Defense Authorization Act for Fiscal Year 2014.

In response, the Attorney General's office filed an appeal with the Texas Supreme Court, a move that automatically pauses the judge's injunction and allowed the law to go into effect on September 1, 2023, as originally planned.

[210] Governor Ron DeSantis Blocked (state board of medicine rule) A bathroom bill is the common name for legislation or a statute that defines access to public toilets by gender (restrooms)—or transgender individual.

[297] Proponents say such legislation is necessary to maintain privacy, protect what they claim to be an innate sense of modesty held by most cisgender people, prevent voyeurism, assault, molestation, and rape,[298] and retain psychological comfort.

[359][360][361][362][363] In 1985, the Supreme Court heard Board of Education v. National Gay Task Force, which concerned First and Fourteenth Amendment challenges against a law that allowed schools to fire teachers for public homosexual conduct.

[367][368] On June 30, 1986, the Supreme Court of the United States ruled in Bowers v. Hardwick, that same-sex intimate conduct was not protected under the right to privacy established under the Fourteenth Amendment.

On March 4, 1998, the Supreme Court of the United States ruled in Oncale v. Sundowner Offshore Services that federal laws banning on-the-job sexual harassment also applied when both parties are the same sex.

On June 26, 2003, the Supreme Court ruled in Lawrence v. Texas that intimate consensual sexual conduct is part of the liberty protected by substantive due process under the Fourteenth Amendment.

On June 15, 2020, the Supreme Court of the United States ruled that the protections provided by Title VII of the Civil Rights Act of 1964 are also extended to LGBTQ individuals, thereby making it illegal for workplaces with 15 or more employees to discriminate on the basis of sexuality or gender identity.

"[372] On June 30, 2023, the Supreme Court ruled by a 6–3 vote in 303 Creative LLC v. Elenis that businesses can refuse to create works that recognize same-sex marriage if it goes against their values, on the basis of the First Amendment's protection of free speech.

Enslin of Colo. Malcolm's Regiment tried for attempting to commit sodomy ..." Washington's secretary described the results of the trial: "His Excellency the Commander in Chief approves the sentence and with Abhorrence & Detestation of such Infamous Crimes orders Lieut.

[377] On December 14, 1916, President Woodrow Wilson vetoed the Immigration Act of 1917, which would have excluded individuals from entering the United States who were found "mentally defective" or who had a "constitutional psychopathic inferiority."

We will resist the efforts of some to obtain government endorsement of homosexuality.Reagan made the comment in response to a questionnaire from the conservative publishers of the Presidential Biblical Scoreboard, a magazine-type compilation of past statements and voting records of national candidates.

Every year from 1992 to 2000, the Republican leadership of the U.S. Congress added a rider to the District of Columbia appropriations bill that prohibited the use of federal or local funds to implement the Health Care Benefits Expansion Act.

[423] The policy was developed as a compromise after Clinton's proposal to allow gays to serve openly in the military met with staunch opposition from prominent congressional Republicans and Democrats, including Senators John McCain (R-AZ) and Sam Nunn (D-GA).

Clinton's defenders argue that an executive order might have prompted the Senate to write the exclusion of gays into law, potentially making it harder to integrate the military in the future.

Hate Crimes Act, which would have increased punishment for criminals motivated by hatred of a victim's gender, religion, ethnic background or sexual orientation, was killed in committee by Texas Senate Republicans.

[503] On August 18, 2011, the Obama administration announced that it would suspend deportation proceedings against many undocumented immigrants who pose no threat to national security or public safety, with the White House interpreting the term "family" to include partners of lesbian, gay and bisexual people.

[505] On December 5, 2011, the Obama administration announced the United States would use all the tools of American diplomacy, including the potent enticement of foreign aid, to promote LGBTQ rights around the world.

[604] The same month, the Trump administration released a draft of the annual National Survey of Older Americans Act Participants (NSOAAP), administered by Department of Health and Human Services (HHS).

[606] On March 27, 2017, Trump reversed a directive from the Obama administration (Executive Order 13673, "Fair Pay and Safe Workplaces") that had required companies with large federal contracts to prove their compliance with LGBTQ protections and other labor laws.

The Department of Justice, taking the opposite side of the Equal Employment Opportunity Commission, urged a federal appeals court to rule that the Civil Rights Act of 1964 does not prohibit job discrimination based on sexual orientation.

On January 23, 2019, the U.S. Department of Health and Human Services (HHS) said that Miracle Hill Ministries, a foster care agency in Greenville, S.C., could be exempted from an Obama-era nondiscrimination regulation.

Miracle Hill would continue to receive federal funds and was allowed to refuse services to prospective foster parents who are non-Christian or LGBT, although it was required to refer the rejected applicants to another agency.

[663] A 2014 Pew Forum Poll showed that American Muslims are more likely than Evangelicals to support same-sex marriage 42% to 28%,[664] a percentage that according to the Public Religion Research Institute in 2018 rose to 51% and 34%.

Two women at the Capital Pride Parade , Washington, DC (2014)
Decriminalization of same-sex sexual intercourse in the United States
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2011 protest in New Jersey by Garden State Equality in support of same-sex marriage rights and against deportation of LGBTQ spouses.
Map of states, counties, and municipalities that have sexual orientation and gender identity discrimination prohibited in employment, housing, and public accommodations via statute, executive order, regulation, and/or court ruling:
Sexual orientation and gender identity discrimination prohibited in employment, housing, and public accommodations
Sexual orientation and gender identity discrimination prohibited in employment and public accommodations, but not housing
Sexual orientation and gender identity discrimination prohibited in employment and housing, but not public accommodations
Sexual orientation discrimination prohibited in employment, housing, and public accommodations, while gender identity discrimination prohibited in only employment and housing
Sexual orientation discrimination prohibited in employment, housing, and public accommodations, while gender identity discrimination prohibited in only employment
Sexual orientation discrimination prohibited in employment and housing, while gender identity discrimination prohibited in only employment
Sexual orientation discrimination prohibited in employment and public accommodations, while gender identity discrimination prohibited in only employment
Sexual orientation and gender identity discrimination prohibited in employment since Bostock v. Clayton County

State has law which prohibits local discrimination protections for sexual orientation or gender identity in housing or public accommodations
Map of states that have sexual orientation and gender identity discrimination prohibited in public and/or private employment via state statute, executive order, regulation, and/or case law. Note: Employment discrimination based on sexual orientation or gender identity is also prohibited under federal law.
Sexual orientation and gender identity discrimination prohibited in public employment
Gender identity discrimination prohibited in public employment
Sexual orientation discrimination prohibited in public employment. Sexual orientation and gender identity discrimination prohibited in public employment.
Sexual orientation and gender identity discrimination prohibited in public employment.
Sexual orientation and gender identity discrimination prohibited in public employment only
No state-level prohibition on discrimination based on sexual orientation or gender identity
Sexual orientation discrimination prohibited in public employment only
States that prohibit housing discrimination based on sexual orientation or gender identity . HUD regulations require all housing providers that receive HUD funding not to discriminate against an individual's sexual orientation or gender identity.
Prohibits housing discrimination based on sexual orientation and gender identity
Prohibits housing discrimination based on sexual orientation only
Does not factor sexual orientation or gender identity/unclear
Current U.S. LGBTQ hate crimes laws by state. A national hate crimes law encompasses both sexual orientation and gender identity.
Sexual orientation and gender identity recognized in state hate crimes law
Sexual orientation recognized in state hate crimes law
Sexual orientation recognized for data collection about hate crimes
State hate crimes law uninclusive of sexual orientation or gender identity
Transgender military service by country and territory
Allows transgender military service
Allows most transgender military service, with some exceptions and requirements
Prohibits transgender military service
Unknown if transgender military service allowed
Has no military
Legal requirements each state has for altering the sex on one's birth certificate.
State does not require SRS to alter sex on birth certificate
Altering sex on birth certificate requires SRS 1 2
State does not alter sex on birth certificates for trans people
---- 1 Some Texas officials have refused to amend the sex on birth certificates to reflect a sex change after the ruling Littleton v. Prange ; however, a judge can order an amendment. 2 From May 2013 to March 2017 Missouri allowed, through court order via CASE 13AR-CV00240, a quiet workaround of Mo. Ann. Stat. § 193.215(9). The workaround from the original petitioning case was in limbo from 2017 to 2022 until that case (along with another joint case) was reversed in May 2022 by the original petitioner (under a sealed court order) and Missouri now requires sexual reassignment surgery to change gender.
States with X gender markers on driver's licenses
States with X designation available on driver's licenses
Enters in to force in 2024
Entry date not yet finalized
X designation unavailable
Map of current or proposed state laws which ban transgender athletes from participating in the sport of their gender identity:
Law enacted which bans trans athletes from participating in sport under their gender identity; enforces gender classifications in sports based on "original" registered biological sex
Law preventing trans athletes from participating in sport in their gender identity enacted, but currently blocked from enforcement via court order [ 301 ] [ 302 ]
Housing of Transgender Inmates in prisons, juvenile detentions, and jails by state according to statute, court ruling, or policy:
Allows transgender inmates to be housed according to their gender identity
Allows transgender inmates to be housed in separate facilities apart from other inmates reserved for transgender people only
HIV criminalization laws by state:
State has HIV criminalization law and may also require sex offender registration for HIV and AIDS exposure
State has HIV criminalization law
State has no HIV criminalization law, but does have HIV-specific sentencing enhancements for sex-related convictions
A man waves the rainbow flag outside the Supreme Court during Obergefell v. Hodges
The Stonewall Inn in the gay village of Greenwich Village , Manhattan , adorned with rainbow flags during a pride event. The Inn was the site of the eponymous Stonewall riots in June 1969: a series of events which precipitated the modern LGBTQ rights movement. Stonewall has since become an icon of LGBTQ culture and gay pride in the United States. [ 392 ] [ 393 ] [ 394 ]
On October 27, 2018, hundreds of protesters marched in downtown San Diego to protest the Trump administration's plans to define gender as sex assigned at birth. [ 579 ]
Students kissing in front of protesters from Westboro Baptist Church at Oberlin College in Ohio