LGBT rights in the United States
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Lesbian, gay, bisexual and transgender (LGBT) rights in the United States rank among the most advanced in the world,[1][2] with public opinion and jurisprudence changing significantly since the late 1980s.[3][4][5]
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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 |
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 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.[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] 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.[11]
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.[12][13] According to General Social Survey, support for same-sex marriage among 18-34 year olds is near-universal.[14] 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 athletics, bathroom access, and transgender-related healthcare for minors.[15][16][17]