LGBT rights in the United States

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in the United States are at risk of erosion under the second presidency of Donald Trump, with transgender rights being most at risk. While lesbian, gay and bisexual rights remain advanced as of June 2025, the rights of transgender individuals federally within the United States have faced severe erosion during Trump's second presidency. While public opinion and jurisprudence has changed significantly since the late 1980s, recent polling reflects polarization among most issues relating to LGBTQ+ rights. A major movement against LGBTQ+ rights, specifically transgender rights is currently ongoing in the United States.

Family, marriage, and anti-discrimination laws are different in every state. On June 26, 2015, the Supreme Court said that states couldn't have laws against same-sex marriage. This decision was called Obergefell v. Hodges. Before Obergefell v. Hodges, same-sex marriage was legal in 36 states and in Washington, D.C.[1] 21 states plus Washington, D.C. have made discrimination because of sexual orientation illegal. 16 states plus Washington, D.C. have made discrimination because of gender identity or expression illegal.[2] Hate crimes because of sexual orientation or gender identity can also be punished under Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. Human Rights Campaign is the biggest LGBT-rights group in the U.S.[3]

The United States has been facing significant democratic backsliding before and during Donald Trump's 2nd presidency, which is indicated by the attacks on LGBTQ rights since 2022 and backsliding of public opinion, with findings involving other countries from the Williams institute showing that anti-LGBTQ+ attacks normally coincide with democratic backsliding in countries such as Brazil and Ghana. Supreme Court Justice Clarence Thomas stated in the Dobbs decision that he wishes to have the court reconsider the Obergefell and Lawrence decisions.[4]

History

The Civil Rights Act of 1968 protects people from housing discrimination based off of gender identity or sexual orientation. But as of 2025, 15 states do not do this. Starting In the year 1983 gay men could not legally give blood. This was because of the belief that they more often had HIV than other people. in other words If they gave blood they would give HIV. In May 2023 the FDA made it that gay men could no longer be questioned if they were gay when they go to give blood. In 1987 talking about LGBT was censored sometimes. Before that there was no censorship. this censorship was mostly ended but still is in existence in some states of the United States. In 1993 LGBT people could legally serve in the military but had to follow the Don't ask, Don't tell policy. This meant they had to not tell anyone they were LGBT. Other people could not question them about it either. In 2011 the Obama Administration ended the policy. LGBT people who were discharged from the military for breaking Don't Ask, Don't tell now got a "honorable discharge". Same-sex marriage was made law in 2003 in the landmark Supreme Court decision Lawrence v. Texas. The court said that a Texas law was unconstitutional (not law because of the constitution). This was because the Texas law said homosexuality was illegal. After that decision both homosexuality and same-sex marriage was made legal in all of America.

On June 26, 2017, same sex adoption was made legal in all of America by the Supreme Court. On July 3 of the same year non-binary people were recognized in all of America. On April 11, 2019, the First Trump Administration did a new policy. In the policy transgender people could not legally be in the military. Donald Trump called being transgender "gender dysphoria". Joe Biden made it legal for transgender people to be in the military in 2021. In 2025 the Second Trump Administration made it illegal again. Trump also made the government only recognize male and female. They also said gender is what a persons sex organs are at birth. But in some states being non-binary is still recognized. As of 2025 the legality of gender affirming care, conversion therapy, employment discrimination, housing discrimination, LGBT censorship and changing gender varies by region. [5]Overall the Northeastern United States and West Coast has the most LGBT rights with the Southern United States and some of the Midwest having the least.[1] On June 18, 2025, The US Supreme Court ruled in United States v. Skrmetti that state bans on gender affirming care for minors didn't violate the 14th Amendment’s equal protection clause thus sending the issue back to the states.[6]

  1. ↑ Denniston, Lyle (June 26, 2015). "Opinion Analysis: Marriage Now Open to Same-Sex Couples". SCOTUSblog. Retrieved December 16, 2018.
  2. ↑ "Employment Non-Discrimination Laws on Sexual Orientation and Gender Identity". Hrc.org. Archived from the original on 2008-10-24. Retrieved 2011-04-26.
  3. ↑ "What We Do". Human Rights Campaign. Archived from the original on July 31, 2012. Retrieved May 21, 2012.
  4. ↑ Oliver, Aaron; Podell, Sheila; Pinowska, Agnieszka; Traller, Jesse C.; Smith, Sarah R.; McClure, Ryan; Beliaev, Alex; Bohutskyi, Pavlo; Hill, Eric A.; Rabines, Ariel; Zheng, Hong (2021-08-02). "Diploid genomic architecture of Nitzschia inconspicua, an elite biomass production diatom". Scientific Reports. 11 (1). doi:10.1038/s41598-021-95106-3. ISSN 2045-2322.
  5. ↑ "LGBT Rights in United States". Equaldex. Retrieved 2025-06-10.
  6. ↑ "Tennessee ban on gender transition care for minors". bbc.com. Retrieved 2025-06-19.
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