LGBTQ rights in the United States

LGBTQ rights in the
United States
Location of the United States
StatusHomosexuality
Legal in various areas since 1962
Gender identityLaws vary by jurisdiction
Military
  • Sexual orientation: Yes
  • Gender identity: Yes
  • Intersex status: No
Discrimination protections
Family rights
Recognition of relationshipsSame-sex marriage legal nationwide since 2015 (Obergefell v. Hodges)
AdoptionEqual adoption rights for same-sex couples in all states since 2016

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United States are among the most advanced in the world,[1][2] with public opinion and jurisprudence changing significantly since the late 1980s.[3][4][5]

In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity,[6] and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBTQ Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBTQ rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBT-related anti-discrimination laws regarding housing and private and public services vary by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression.[7] Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges.[8][9]

Hate crimes based on sexual orientation or gender identity are punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, but many states lack laws that cover sexual orientation and/or gender identity.[10]

Public opinion is overwhelmingly supportive of same-sex marriage[3] while mixed on transgender issues. A 2022 Grinnell College National Poll found that 74% of Americans agree that same-sex marriage should be a guaranteed right while 13% disagree.[11][12] According to General Social Survey, support for same-sex marriage among 18-34 year olds is near-universal.[13] By 2024, same-sex marriage has no longer become a topic of substantial public debate.[3] Discussion and political disputes regarding gender identity however continue, particularly regarding bathroom access, athletics, and transgender-related healthcare for minors.[14][15][16]

  1. ^ Derks, Marco; van den Berg, Mariecke (2020). Public Discourses About Homosexuality and Religion in Europe and Beyond. Springer International Publishing. p. 338. ISBN 9783030563264. ...(the United States and [Western] Europe) as "already in crisis" for their permissive attitudes toward nonnormative sexualities...
  2. ^ Leveille, Dan (December 4, 2009). "LGBT Equality Index: The most LGBT-friendly countries in the world". Equaldex. Retrieved January 26, 2023. 12.) United States
  3. ^ a b c Ball, Molly (May 13, 2024). "How 20 Years of Same-Sex Marriage Changed America". The Wall Street Journal. Retrieved May 15, 2024. Two decades later, what was once the white-hot center of political debate has receded to the background... The widespread public approval suggests most people don't believe the horrors once forecast have resulted from same-sex marriage's legalization...
  4. ^ Garretson, Jeremiah (2018). "A Transformed Society: LGBT Rights in the United States". The Path to Gay Rights: How Activism and Coming Out Changed Public Opinion. New York University Press. ISBN 9781479850075. In the late 1980s and early 1990s, a dramatic wave began to form in the waters of public opinion: American attitudes involving homosexuality began to change... The transformation of America's response to homosexuality has been — and continues to be — one of the most rapid and sustained shifts in mass attitudes since the start of public polling.
  5. ^ McCarthy, Justin (June 1, 2022). "Same-Sex Marriage Support Inches Up to New High of 71%". Gallup, Inc. Retrieved October 2, 2022.
  6. ^ "The Gay Rights Movement In Illinois: A History". CBS. December 2, 2010. Archived from the original on May 28, 2022. Retrieved July 7, 2023.
  7. ^ "Employment Non-Discrimination Laws on Sexual Orientation and Gender Identity". Human Rights Campaign. Archived from the original on October 24, 2008. Retrieved April 26, 2011.
  8. ^ Reilly, Mollie (March 31, 2016). "Same-Sex Couples Can Now Adopt Children in All 50 States". HuffPost. Archived from the original on April 12, 2023.
  9. ^ {{cite news|date=March 31, 2016|title=Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America|url=http://www.slate.com/blogs/outward/2016/04/01/mississippi_same_sex_adoption_ban_overturned_spelling_trouble_for_hb_1523.html%7Cwork=Slate%7Carchive-url=https://web.archive.org/web/20230318053938/https://slate.com/human-interest/2016/04/mississippi-same-sex-adoption-ban-overturned-spelling-trouble-for-hb-1523.html%7Carchive-date=March 18, 2023}|author=Mark Joseph Stern}
  10. ^ Grant, Jaime M.; Mottet, Lisa A.; Tanis, Justin; Harrison, Jack; Herman, Jody L.; Keisling, Mara (2011). Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (PDF) (Report). National Center for Transgender Equality and National Gay and Lesbian Task Force. Archived from the original (PDF) on December 12, 2020. Retrieved June 16, 2020.
  11. ^ "Majority of Americans Believe Abortion and Same-Sex Marriage Should be Guaranteed Rights | Grinnell College". Grinnell College. September 28, 2022. Retrieved September 28, 2022. Solid majorities across both parties agree that... marrying someone of the same sex...are rights that should be guaranteed to all citizens...
  12. ^ "September 20-25, 2022 Grinnell College National Poll" (PDF). FiveThirtyEight. September 28, 2022. Retrieved November 16, 2022.
  13. ^ Staff. "GSS Data Explorer: "Homosexuals should have right to marry?" (18-34)". General Social Survey. Retrieved March 4, 2023.
  14. ^ "America's far right is increasingly protesting against LGBT people". The Economist.
  15. ^ Kane, Peter-Astrid (April 28, 2022). "After years of progress on gay rights, how did the US become so anti-LGBTQ+?". The Guardian. Retrieved May 18, 2023.
  16. ^ Trotta, Daniel (May 18, 2023). "US Republican transgender laws pile up, setting 2024 battle lines". The Guardian. Retrieved May 18, 2023.