Global InformationLGBT rights in the United States information
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LGBT rights in the United States | |
|---|---|
 Location of the United States | |
| Status | Homosexuality
|
| Gender identity | Laws vary by jurisdiction |
| Military |
|
| Discrimination protections |
|
| Family rights | |
| Recognition of relationships | Same-sex marriage legal nationwide since 2015 (Obergefell v. Hodges) |
| Adoption | Equal adoption rights for same-sex couples in all states since 2016 |
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]
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]
- ^ 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.
- ^ McCarthy, Justin (June 1, 2022). "Same-Sex Marriage Support Inches Up to New High of 71%". Gallup, Inc. Retrieved October 2, 2022.
- ^ "The Gay Rights Movement In Illinois: A History". CBS. December 2, 2010. Archived from the original on May 28, 2022. Retrieved July 7, 2023.
- ^ "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.
- ^ 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.
- ^ Stern, Mark Joseph (March 31, 2016). "Judge Invalidates Mississippi's Same-Sex Adoption Ban, the Last of Its Kind in America". Archived from the original on March 18, 2023.
- ^ 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.
- ^ Volokh, Eugene (June 19, 2017). "Supreme Court unanimously reaffirms: There is no 'hate speech' exception to the First Amendment". The Washington Post. Retrieved October 3, 2022.
- ^ "America's far right is increasingly protesting against LGBT people". The Economist. January 13, 2023. Archived from the original on January 13, 2023.
- ^ 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.
- ^ Trotta, Daniel (May 18, 2023). "US Republican transgender laws pile up, setting 2024 battle lines". The Guardian. Retrieved May 18, 2023.
- ^ Choi, Annette. "Record number of anti-LGBTQ bills were introduced in 2023". CNN.
- ^ McCarthy, Justin (June 5, 2023). "U.S. Same-Sex Marriage Support Holds at 71% High". Gallup.com. Retrieved February 1, 2024.