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LGBT rights in the United States | |
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![]() Location of the United States | |
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 |
Lesbian, gay, bisexual, and transgender (LGBT) rights 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, 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 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]
...(the United States and [Western] Europe) as "already in crisis" for their permissive attitudes toward nonnormative sexualities...
12.) United States
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...
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.
Solid majorities across both parties agree that... marrying someone of the same sex...are rights that should be guaranteed to all citizens...
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