LGBT rights in the United States

LGBT rights in the United States
Location	United States
Caption	The Rainbow flag and the U.S. flag
Status	Varies by jurisdiction
Gender	Legal gender change permitted, federal recognition varies
Discrimination	Illegal in employment under federal law; varies for other categories
Recognition	Same-sex marriage legal nationwide since 2015
Family	Adoption legal nationwide
Military	Open service permitted since 2011 for LGBT personnel
Healthcare	Varies by state; federal protections under Section 1557 of the Patient Protection and Affordable Care Act

LGBT rights in the United States have evolved significantly, particularly since the mid-20th century, from widespread criminalization to increasing legal recognition and protection. The movement's trajectory has been shaped by pivotal court rulings, legislative actions, and activism, leading to landmark decisions like the nationwide legalization of same-sex marriage. While federal protections have expanded, the legal landscape remains a complex patchwork, with significant variation in rights and protections across different states and jurisdictions.

History of LGBT rights

The modern movement for rights gained momentum following the 1969 Stonewall riots in New York City, a watershed event often cited as the catalyst for the gay liberation movement. Early organizations like the Mattachine Society and the Daughters of Bilitis laid crucial groundwork in the 1950s and 1960s. The AIDS crisis of the 1980s and 1990s, met with initial government inaction, galvanized groups such as ACT UP and spurred greater political mobilization. Subsequent decades saw both setbacks, like the passage of DOMA in 1996, and major victories, including the Supreme Court's decision in Lawrence v. Texas (2003), which struck down sodomy laws.

Legal status

Following Lawrence v. Texas, consensual same-sex sexual activity is legal nationwide. The legal landscape for transgender rights varies considerably by state, encompassing issues of legal gender recognition, access to healthcare, and participation in sports. Landmark federal legislation includes the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, signed by President Barack Obama in 2009. However, numerous states have recently passed laws targeting transgender youth, such as restrictions on gender-affirming care and participation in school sports, creating a contested legal frontier.

Discrimination protections

Federal protection from employment discrimination was established nationally by the Supreme Court's 2020 ruling in Bostock v. Clayton County, which held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation or gender identity. The Equality Act, which would explicitly add these categories to federal civil rights law, has repeatedly passed the House but stalled in the Senate. Many states and localities, such as California and New York City, have their own comprehensive anti-discrimination statutes, while others offer no explicit protections.

Marriage and family

The fundamental right to marry was secured nationwide by the Supreme Court in Obergefell v. Hodges (2015). This decision also requires states to recognize same-sex marriages performed elsewhere, overturning prior laws like DOMA. Following Obergefell v. Hodges, adoption by same-sex couples is legal in all states. Family law issues, including second-parent adoption and access to assisted reproductive technology, can still vary by jurisdiction, but federal agencies like the Social Security Administration now recognize same-sex spouses for benefit purposes.

Military service

For much of the 20th century, policies like the Lavender scare led to the systematic discharge of LGBT service members. The controversial "Don't ask, don't tell" (DADT) policy, enacted during the Clinton administration, was repealed in 2011, allowing for open service. Subsequent policy changes under the Obama and Biden administrations have further integrated transgender individuals, though these policies have faced legal and political challenges. The Department of Veterans Affairs has also expanded benefits and care for LGBT veterans.

Public opinion

Support for LGBT rights has increased dramatically over recent decades, with majorities now favoring same-sex marriage and anti-discrimination laws according to polls from organizations like the Pew Research Center. This shift is evident across most demographic groups, though significant divides remain based on factors like political affiliation, with supporters of the Democratic Party generally more supportive than those of the Republican Party. Media representation, from shows like Will & Grace to figures like Ellen DeGeneres, and advocacy by groups like the Human Rights Campaign and GLAAD, have played substantial roles in shaping public attitudes.

Category:LGBT rights in the United States Category:LGBT in the United States Category:Human rights in the United States