- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- Varies by Region
- Gender-Affirming Care
- Varies by Region
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in United States appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
Percentage of Americans Who Consider Homosexuality "Not Wrong At All"
(Source: General Social Survey)
Question: "Is it wrong for same-sex adults to have sexual relations?"
United States Surveys
Support for Same-Sex Marriage
(New York Times / Siena, 2023)
Most Americans Know LGB People
(Navigator, 2023)
Support for same-sex marriage
(Gallup, 2023)
Acceptance of LGBTQ Rights Among Non-LGBTQ People
(GLAAD, 2023)
Support for Same-Sex Marriage
(Quinnipiac University Poll, 2022)
Acceptance of LGBTQ Rights Among Non-LGBTQ People
(GLAAD, 2022)
(Williams Institute, 2022)
Acceptance of LGBTQ Rights Among Non-LGBTQ People
(GLAAD, 2021)
Perception of LGBTQ+ People
Survey results from 13 LGBTQ+ Equaldex users who lived in or visited United States.
Overall
Safety**Survey results represent personal perceptions of safety and may not be indicative of current actual conditions.
Equal Treatment
Visibility & Representation
Culture
Services
History
Homosexual activity in United States is legal.
Current status
Since Jun 26, 2003
Legal
Homosexuality was decriminalized at the federal level in the United States through the landmark Supreme Court decision of Lawrence v. Texas in 2003. The court struck down a Texas statute that criminalized sexual acts between same-sex couples, declaring such laws unconstitutional. This judgment set a precedent that rendered similar anti-sodomy statutes across states unenforceable, thereby federally decriminalizing homosexuality in private, consensual settings.
Same-sex marriage in United States is legal.
Current status
Since Jun 26, 2015
Legal
In a ruling by the US Supreme Court, all 50 states must now issue marriage licenses for same sex couples and recognize same-sex marriages performed in any state.
Censorship of LGBT Issues in United States is varies by region.
Current status
Since Oct 28, 2021
Varies by Region
Censorship became "other punishment" in the state of Texas, and in Florida Govt. DeSantis wants to ban LGBT topics from being discussed in schools.
Generally, LGBT Topics are considered under the Free Speech Clause. Due to the nature of the current laws, and state decisions such as in Florida; "Varies by region" is the best indicator to use.
Generally, LGBT Topics are considered under the Free Speech Clause. Due to the nature of the current laws, and state decisions such as in Florida; "Varies by region" is the best indicator to use.
Until Oct 28, 2021
No censorship
Pride parades happen throughout the country.
Right to change legal gender in United States is varies by region.
Current status
Since Jun 17, 2016
Varies by Region
Many U.S. jurisdictions require gender-affirming surgery before the person's legal sex can be changed
It is important to note that surgery is not universally required to change legal sex under federal law or in some states. However, a health professional's certification may be necessary. It is essential to consult the specific laws and guidelines of your state for accurate information on the legal requirements for changing gender markers and identity documents.
There is no federal law on right to change gender, varies by region
It is important to note that surgery is not universally required to change legal sex under federal law or in some states. However, a health professional's certification may be necessary. It is essential to consult the specific laws and guidelines of your state for accurate information on the legal requirements for changing gender markers and identity documents.
There is no federal law on right to change gender, varies by region
Gender-Affirming Care in United States is varies by region.
Current status
Varies by Region
While Gender Affirming Care is unrestricted federally, it varies by region due to no federal laws in place. Several states have either banned or passed laws to protect gender affirming care. Office of Health and Human Services made an document stating that they are with gender affirming care in 2022.
LGBT discrimination in United States is illegal in some contexts.
Current status
Since Jan 2021
Illegal in some contexts
In all Federal positions, discrimination based on sexual orientation is against the law in instances related to work and employment. In non-federal government jobs, it is based on the state's laws as no federal protections currently exist for non-employees. Additionally, even federal employees could face discrimination unrelated to work in areas of life such as housing, health care, etc. In fact, many groups are advocating the repeal of protections or the introduction of laws to permit discrimination.
LGBT employment discrimination in United States is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
As of June 15th, 2020 the Supreme Court of the United States has ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII the Civil Rights Act of 1964, classified as sex discrimination.
As of June 15, 2020, all persons working for employers that employ more than 15 people are protected from discrimination based solely on the grounds of sexual orientation or gender identity via the Supreme Court's landmark decision in Bostock v. Clayton County.
As of June 15, 2020, all persons working for employers that employ more than 15 people are protected from discrimination based solely on the grounds of sexual orientation or gender identity via the Supreme Court's landmark decision in Bostock v. Clayton County.
Sexual orientation and gender identity
The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal level.
Furthermore, the Equal Employment Opportunity Commission (EEOC) ruled on April 20, 2012 that an employer who discriminates against an employee or applicant on the basis of the person’s gender identity is violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act of 1964.
Furthermore, the Equal Employment Opportunity Commission (EEOC) ruled on April 20, 2012 that an employer who discriminates against an employee or applicant on the basis of the person’s gender identity is violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act of 1964.
LGBT housing discrimination in United States is varies by region.
Current status
Varies by Region
Housing protections are administered at nearly all levels of government for housing -- if at all. From local city ordinances to federal law, protections are very scattered, and in general, few explicit laws exist to provide housing protections. Nationwide Protections pending.
Same-sex adoption in United States is legal.
Current status
Since Jun 26, 2017
Legal
On 31 March 2016, Federal District Court struck down Mississippi's ban on same-sex couple adoptions. On June 26, 2017, the United States Supreme Court reversed an Arkansas Supreme Court ruling that allowed a law listing parents by gender on birth certificates to stand. The new SCOTUS ruling allowed both same-sex spouses to be listed on birth certificates. These court rulings made adoption by same-sex couples legal in all 50 states.
States can however require couples to be legally married before adopting.
States can however require couples to be legally married before adopting.
Serving openly in military in United States is legal.
Current status
Since Feb 26, 2021
Legal
Legalized in every state.
Varies by Region
Biden administration overturns Trump administration's policy against transgender people serving in the military, however, Texas govt. Greg Abbot kept the ban in place for his state.
Lesbians, gays, bisexuals permitted, transgender people banned
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Lesbians, gays, bisexuals permitted, transgender people banned
Transgender individual can serve, however, the policy "will require an individual to have completed any medical treatment that their doctor has determined is necessary in connection with their gender transition, and to have been stable in their preferred gender for 18 months, as certified by their doctor, before they can enter the military."
Legal
The US Army repealed the ban to serve for openly transgender individuals
Lesbians, gays, bisexuals permitted, transgender people banned
Lesbian, gay, and bisexual individuals are permitted to serve openly in the military, however, transgender individuals are still banned.
Don't Ask, Don't Tell
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Intersex infant surgery in United States is not banned.
Current status
Not banned
No federal or state bans on surgeries performed on intersex infants.
Blood donations by MSMs in United States is legal.
Current status
Since May 11, 2023
Legal
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation
Banned (less than 6-month deferral)
The FDA announced changes to blood donor eligibility policy on 2nd April 2020, reducing the MSM deferral period from 12 months to 3 months, it is not legally binding but most agencies and the American Red Cross treat it as such.
Banned (1-year deferral)
After a series of recommendations, the FDA has moved to a 12 months deferral.
Conversion therapy in United States is varies by region.
Current status
Varies by Region
Conversion therapy is legal in about 50% of US states starting with CA and NJ being the first ones. Can't Convert Love is the sole organization whose sole mission is banning conversion therapy nation-wide. MN and IN are in the starting phase of attempting to ban the therapy.
Equal age of consent in United States is equal.
Current status
Equal
Equalized in every state.
LGBT Rights by State
View the LGBT laws in each individual state of United States.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
- American Samoa (Outlying Area)
- Guam (Outlying Area)
- Northern Mariana Islands (Outlying Area)
- Puerto Rico (Outlying Area)
- United States Minor Outlying Islands (Outlying Area)
- U.S. Virgin Islands (Outlying Area)
- Washington, D.C. (Federal District)
Equality Rank
- #23 Portugal75
- #24 Colombia75
- #25 Mexico74
-
#26 United States74
- #27 Ireland74
- #28 Nepal73
- #29 South Africa72
#1
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