LGBT rights in the United States
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s, with most national advancements coming from the country's Supreme Court.[1][2]
LGBT rights in the
United States
United States
- Sexual orientation: Yes
- Gender identity: Yes (since 2021)
- Intersex status: No
- "Don't ask, don't tell" policy repealed on September 20, 2011
- Transgender ban repealed January 25, 2021
- (DoDI) 6130.03, 2018, section 5, 13f and 14m
- Prohibited employment discrimination since 2020 (Bostock v. Clayton County)
- Sexual orientation and gender identity protected under federal hate crime laws since 2009
Same-sex marriage legal nationwide since 2015 (Obergefell v. Hodges)
In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity,[3] 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, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT 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 varies 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.[4] Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges (Mississippi had its ban struck down by a federal court in March 2016).[5][6]
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 of 2009, but many states lack laws that cover sexual orientation and/or gender identity.[7] Laws that prohibit hate speech, including those that relate to sexual orientation or gender identity, are unconstitutional, due to the First Amendment's broad protections for free speech.[8]
During the 2020s, gender identity issues became prominent topics in American politics, particularly regarding athletics and transgender-related healthcare for minors.[9][10][11] In 2023, 510 anti-LGBT bills were introduced in state legislatures. A large number of these are “forced outing” bills requiring teachers to alert the parents of a student when they begin going by a different name or pronouns, along with curriculum censorship banning discussion on gender identity and sexual orientation.[12]
Public opinion is largely supportive of same-sex marriage while mixed on transgender issues. A 2023 Gallup poll found that 71% of Americans support same-sex marriage, while 28% oppose it.[13]
Prison[edit]
Solitary confinement[edit]
More than 8,400 detained migrants—over a five-year period spanning both the Obama and Trump administrations—were placed in solitary confinement, which remains an ongoing practice as of May 2019. In half of the cases, detainees were being punished, but in the other half, the confinement was due to the person's mental illness, physical disability, or sexual orientation. Journalists identified six suicides among this population.[93]