- 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
- Varies by Region
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- Varies by Region
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people 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?"
Would you support or oppose the following? Banning transgender athletes from participating in women’s sports
(The Economist / YouGov, 2025)
Do you favor or oppose President Trump’s order requiring federal agencies to recognize only biological sex and remove gender identity from policies and documents?
(Marquette University Law School, 2025)
Percentage of U.S Adults Who Identify as a Sexual Orientation Other Than Heterosexual
(NBC News Stay Tuned, 2025)
Do you agree or disagree with the following statement: there are only two genders, male and female.
(NBC News Stay Tuned, 2025)
Perception of LGBTQ+ People
Survey results from 375 LGBTQ+ Equaldex users who lived in or visited United States.
Overall
Perceived 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
Following the U.S. Supreme Court’s landmark ruling in Obergefell v Hodges, all 50 states and the District of Columbia are required to issue marriage licenses for same-sex couples and recognize same-sex marriages performed in other states.
Varies by Region
From January 1973 to June 2015, the legality of gay marriage in the United States varied by state. Maryland passed the first law banning marriages in 1973 with others following suit but not all. On November 18th, 2003, Massachusetts Supreme Court ruled that banning same-sex marriage was unconstitutional, and their ruling came into effect on May 17th, 2004. Massachusetts was the first state to legalize same-sex marriage.
Between May 17th, 2004, and June 26th, 2015, when the United States Supreme Court legalized same-sex marriage nationwide, 37 states and the District of Columbia legalized same-sex marriage.
Between May 17th, 2004, and June 26th, 2015, when the United States Supreme Court legalized same-sex marriage nationwide, 37 states and the District of Columbia legalized same-sex marriage.
Censorship of LGBT issues in United States is varies by region.
Current status
Since Jul 1, 1987
Varies by Region
Beginning in 1987, there have been laws in the United States that restrict the discussion of LGBTIQ+ issues in several states. While some were repealed, a new wave of censorship laws surged in the 2020s—many targeting public education.
In June 2025, the U.S. Supreme Court escalated this trend by ruling 6–3 that public school parents must be allowed to opt their children out of any classroom instruction involving LGBTQ+ themes based on religious objections. This ruling opens the door for widespread censorship of LGBTQ+ content in schools across the country—even where no formal “Don’t Say Gay” laws exist. It empowers religious and political backlash to silence LGBTQ+ voices and erases queer and trans people from curricula under the guise of parental rights. However, there is nothing preventing parents from allowing their children to learn about LGBTIQ+ topics on the federal level.
Advocates warn this decision will have chilling effects nationwide, forcing schools to preemptively exclude LGBTQ+ stories, families, and identities to avoid conflict – turning inclusive education into a political minefield and putting LGBTQ+ youth at greater risk of isolation, stigma, and harm.
In June 2025, the U.S. Supreme Court escalated this trend by ruling 6–3 that public school parents must be allowed to opt their children out of any classroom instruction involving LGBTQ+ themes based on religious objections. This ruling opens the door for widespread censorship of LGBTQ+ content in schools across the country—even where no formal “Don’t Say Gay” laws exist. It empowers religious and political backlash to silence LGBTQ+ voices and erases queer and trans people from curricula under the guise of parental rights. However, there is nothing preventing parents from allowing their children to learn about LGBTIQ+ topics on the federal level.
Advocates warn this decision will have chilling effects nationwide, forcing schools to preemptively exclude LGBTQ+ stories, families, and identities to avoid conflict – turning inclusive education into a political minefield and putting LGBTQ+ youth at greater risk of isolation, stigma, and harm.
No censorship
- Minnesota 2023
- Arizona 2019
- Alaska
- American Samoa
- California
- Colorado
- Connecticut
- Delaware
- Georgia
- Guam
- Hawaii
- Illinois
- Kansas
- Maine
- Maryland
- 25 more
State-enforced
- Ohio 2025
- South Carolina 2024
- North Carolina 2023
- Indiana 2023
- Iowa 2023
- Tennessee 2023
- Kentucky 2023
- Arkansas 2023
- Mississippi 2022
- Alabama 2022
- Florida 2022
- Texas 2021
- Louisiana 1988
- Oklahoma 1987
Varies by Region
Right to change legal gender in United States is varies by region.
Current status
Since Jan 20, 2025
Varies by Region
On his first day in office, President Trump issued an executive order to "defend women", the order creates only male and female terms. Also stated in the terms, federal funding will not go towards
(i) changes to agency documents, including regulations, guidance, forms, and communications, made to comply with this order; and
(ii) agency-imposed requirements on federally funded entities, including contractors, to achieve the policy of this order.
This order includes any federally funded agencies, such as the Department of Motor Vehicles, which would be under the Department of Transportation.
(i) changes to agency documents, including regulations, guidance, forms, and communications, made to comply with this order; and
(ii) agency-imposed requirements on federally funded entities, including contractors, to achieve the policy of this order.
This order includes any federally funded agencies, such as the Department of Motor Vehicles, which would be under the Department of Transportation.
Legal, no restrictions
- Massachusetts 2024
- Montana 2024
- Vermont 2022
- Michigan 2021
- New York 2021
- Ohio 2021
- Rhode Island 2021
- Maine 2020
- New Mexico 2019
- New Jersey 2019
- Maryland 2019
- New Hampshire 2019
- Washington 2018
- Illinois 2018
- Oregon 2018
- California 2017
- Nevada 2017
Legal, but requires medical diagnosis
- Arizona 2024
- North Carolina 2022
- Virginia 2020
- West Virginia 2020
- Colorado 2020
- Puerto Rico 2018
- Delaware 2017
- Pennsylvania 2016
- Connecticut 2015
- Hawaii 2015
- Washington, D.C. 2013
- Alaska 2012
- Minnesota 2007
- Indiana 2006
- Utah 1995
- Mississippi 1983
Legal, but requires surgery
- Missouri 2024
- Oklahoma 2024
- North Dakota 2008
- Northern Mariana Islands 2007
- Georgia 2006
- South Carolina 2005
- Wyoming 2004
- Arkansas 1995
- Nebraska 1994
- Alabama 1992
- Kentucky 1990
- Wisconsin 1985
- South Dakota 1980
- Louisiana 1979
- American Samoa
- Guam
Illegal
Ambiguous
Varies by Region
As of 2022, all passports are able to get a gender marker X on the US State website or in person. Social Security will be able to change the name as well, unknown of the date when allowed. Check any of the states for Drivers ID or Birth certificates.
Varies by Region
Many U.S. jurisdictions require gender-affirming surgery before a person's legal sex can be changed. 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.
Gender-affirming care in United States is varies by region.
Current status
Since Apr 6, 2021
Varies by Region
At the federal level, gender-affirming care is unrestricted, since there are no federal laws governing it.
Beginning with Arkansas in 2021, several states have passed laws that restrict access to such care, while others have adopted laws that protect it.
On June 18 2025, the U.S. Supreme Court upheld Tennessee’s SB 1 in a 6–3 ruling (*United States v. Skrmetti*), allowing states to prohibit puberty blockers and hormone therapy for anyone under 18 who is transitioning.
• The majority applied only “rational-basis” review and rejected claims that the ban violates the 14th Amendment’s Equal Protection Clause.
• The decision does **not** impose a federal ban, but it shields similar laws in at least 26 other states from most constitutional challenges.
• Adult gender-affirming care remains legal, and the 2020 *Bostock* workplace-rights precedent is unaffected.
Beginning with Arkansas in 2021, several states have passed laws that restrict access to such care, while others have adopted laws that protect it.
On June 18 2025, the U.S. Supreme Court upheld Tennessee’s SB 1 in a 6–3 ruling (*United States v. Skrmetti*), allowing states to prohibit puberty blockers and hormone therapy for anyone under 18 who is transitioning.
• The majority applied only “rational-basis” review and rejected claims that the ban violates the 14th Amendment’s Equal Protection Clause.
• The decision does **not** impose a federal ban, but it shields similar laws in at least 26 other states from most constitutional challenges.
• Adult gender-affirming care remains legal, and the 2020 *Bostock* workplace-rights precedent is unaffected.
Legal
- Ohio 2025
- Arkansas 2023
- Alaska
- American Samoa
- California
- Colorado
- Connecticut
- Delaware
- Guam
- Hawaii
- Illinois
- Massachusetts
- Minnesota
- Maine
- Maryland
- 17 more
Legal, but restricted for minors
- New Hampshire 2025
- Nebraska 2023
- Arizona 2023
Legal, but banned for minors
- West Virginia 2025
- Kansas 2025
- Wyoming 2024
- South Carolina 2024
- Indiana 2024
- Louisiana 2024
- Texas 2023
- Missouri 2023
- North Carolina 2023
- Georgia 2023
- South Dakota 2023
- Tennessee 2023
- Oklahoma 2023
- North Dakota 2023
- Iowa 2023
- Mississippi 2023
- Utah 2023
- Alabama 2022
Restricted
Legal recognition of non-binary gender in United States is recognized.
Current status
Since Jun 17, 2025
Recognized
In June 2025, U.S. District Judge Julia Kobick blocked President Trump’s January executive order, Executive Order 14168, thereby allowing individuals to select a gender marker of ‘X’ at the federal level on passports.
Varies by Region
In his first hours in office, Donald Trump signed an executive order directing the federal government to only recognize two sexes: “Male” and “Female”. The order also directed federal agencies to eliminate the use of "gender" in federal documents and guidelines, including an instruction to the Secretary of State to discontinue the use and option of X gender markers in passports moving forward, but not retroactively invalidating passports.
On January 23rd, 2025, the Secretary of State, Marco Rubio, ordered the U.S. state department to freeze all applications for passports that had requested an ‘X’ on their gender marker.
Other IDs are still state dependent, and there are many states in the U.S. that recognize third gender identities.
On January 23rd, 2025, the Secretary of State, Marco Rubio, ordered the U.S. state department to freeze all applications for passports that had requested an ‘X’ on their gender marker.
Other IDs are still state dependent, and there are many states in the U.S. that recognize third gender identities.
LGBT discrimination in United States is varies by region.
Current status
Since Jun 26, 2015
Varies by Region
Obergefell v. Hodges, 2015 court case allows same-sex marriages. This also protects LGBTQ discrimination. Bostock v. Clayton County, GA protects LGBTQ employees. Tennessee has laws for LGBTQ discrimination, thus being varies by region even though its federally protected
Illegal
- Michigan 2023
- U.S. Virgin Islands 2023
- New Hampshire 2018
- Delaware 2013
- Puerto Rico 2013
- Washington 2006
- California 2004
- New Mexico 2003
- New York 2003
- Minnesota 1993
- Illinois 1979
- Colorado
- Connecticut
- Hawaii
- Maine
- 8 more
Illegal in some contexts
- Iowa 2025
- Nebraska 2022
- Virginia 2020
- Alabama 2017
- West Virginia 2016
- Montana 2016
- Utah 2015
- Florida 2009
- Missouri 2003
- Kansas
- Wisconsin
No protections
- Alaska
- Arizona
- Arkansas
- Georgia
- Idaho
- Indiana
- Louisiana
- Mississippi
- North Carolina
- North Dakota
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Wyoming
Varies by Region
- Kentucky 1999
- Ohio 1974
- Pennsylvania
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 only
President Trump's Department of Justice and the EEOC revoked protections for gender identity in employment discrimination.
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 levels.
Gender identity only
In a landmark decision, Democratic President Obama's EEOC ruled that gender identity was included under Title VII protections from the Civil Rights Act (originally written to protect people based on sex discrimination).
LGBT housing discrimination in United States is varies by region.
Current status
Varies by Region
The Fair Housing Act (Title 8 of the Civil Rights Act of 1968) protects people from housing discrimination on the basis of gender identity or sexual orientation nationwide but state laws make this vary in practice.
Sexual orientation and gender identity
- Pennsylvania 2022
- Michigan 2022
- Kansas 2020
- New Hampshire 2018
- Utah 2015
- Delaware 2013
- Puerto Rico 2013
- California 2006
- Washington 2006
- New Mexico 2003
- Minnesota 1993
- Colorado
- Connecticut
- Hawaii
- Illinois
- 10 more
Sexual orientation only
No protections
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.
Intersex infant surgery in United States is not banned.
Current status
Not banned
In the United States, intersex infant surgeries are not federally banned. Only a few states have established laws to protect against such surgeries; many have proposed legislation, but none have been enacted. California passed a non-binding resolution condemning the practice, yet it did not achieve a ban.
Serving openly in military in United States is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since May 6, 2025
Lesbians, gays, bisexuals permitted, transgender people banned federal law
Midday on May 6th, 2025, the Supreme Court issued an order allowing the Trump administration to enforce its ban on transgender service members while the court reviews their case.
Legal federal law
On the evening of March 18th, U.S. District Judge Ana Reyes blocked the implementation of Trump's executive order banning transgender people from the military. The judge said that not only was the order unconstitutional but “a solution in search of a problem.”.
Lesbians, gays, bisexuals permitted, transgender people banned federal law
On January 27th, 2025, President Trump signed an executive order that bans transgender people from serving in the military.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
On February 10th, 2025, Secretary of Defense Pete Hegseth filed in court a memo relating to President Trump’s executive order from the previous month.
From then until March 18th, 2025, The U.S. military prohibited transgender individuals from enlisting and ceased providing or supporting gender transition procedures for service members.
Legal federal law
In 2021, former President Joe Biden removed then-former President Donald Trump’s ban on transgender people serving in the military.
Lesbians, gays, bisexuals permitted, transgender people banned federal law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal federal law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell federal law
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.
Blood donations by MSMs in United States is legal.
Current status
Since May 11, 2023
Legal federal law
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) federal law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) federal law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) federal law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in United States is varies by region.
Current status
Varies by Region
Several states have fully banned conversion therapy, while several have not. Additionally, some cities have also banned the practice, though no ban exists at the federal level.
Banned
- Pennsylvania 2022
- Minnesota 2021
- Michigan 2021
- North Dakota 2021
- Virginia 2020
- Utah 2020
- Maine 2019
- Colorado 2019
- Massachusetts 2019
- Puerto Rico 2019
- New York 2019
- New Hampshire 2019
- Delaware 2018
- Washington 2018
- Maryland 2018
- 11 more
Not banned
- South Carolina 2025
- Kentucky 2025
- Indiana 2023
- Florida 2020
- North Carolina 2019
- Alabama
- Arkansas
- Georgia
- Idaho
- Louisiana
- Mississippi
- Montana
- South Dakota
- Tennessee
- Texas
- Wyoming
Varies by Region
Equal age of consent in United States is equal.
Current status
Equal
Although the age of consent varies depending on state and territory, it is still equal for heterosexual and homosexual sexual acts.
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
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#26 Mexico71
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#27 South Africa71
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#28 Switzerland70
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#29 United States70
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#30 United Kingdom69
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#31 Costa Rica69
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#32 Italy68
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