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LGBT rights in the United States | |
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Status | Homosexuality Legal in various areas since 1961 |
Gender identity | Laws vary by jurisdiction |
Military |
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Discrimination protections |
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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 |
The United States is listed below almost all full democracies (except Taiwan, Japan, South Korea and Costa Rica) in the UCLA Williams Institute world index of social acceptance of LBGTQIA+ people.[1] Like most other democracies, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s.[2][3] In 2023, the US Supreme Court ruled that providers of creative services could, given specified conditions, discriminate against LGBTQIA+ people.[4]
In 1961, beginning with Illinois, states began to decriminalize same-sex sexual activity,[5] 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.[6] 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).[7][8]
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.[9] 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.[10] During the 2020s, gender identity issues became prominent topics in American politics, particularly regarding athletics and transgender-related healthcare for minors.[11][12][13]
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.[14]
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.