LGBT Rights in United States

Homosexuality: ⚢
✔ Legal
Gay Marriage: ⚭
✔ Legal
Censorship: Varies by Region
Changing Gender: Varies by Region
Non-binary gender recognition: Varies by Region
Discrimination: Varies by Region
Employment Discrimination: ✔ Sexual orientation and gender identity
Housing Discrimination: Varies by Region
Adoption: ✔ Legal
Military: ✔ Legal
Donating Blood: ✖ Banned (3-month deferral)
Conversion Therapy: Varies by Region
Age of Consent: ✔ Equal

Suggest Public Opinion Data

Public Opinion

Views on same-sex marriage or other legal recognition

Ranked #15 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(15%) Against

Support (72%)

Views on same-sex couples' right to adopt

Ranked #8 out of 27 regions surveyed. (Source: Ipsos, April–May, 2021)

(22%) Disagree

Agree (72%)

Acceptance of homosexuals as neighbors ?

Ranked #22 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

(12.7%) Mentioned homosexuals

Did not mention homosexuals (81.1%)

Justifiability of homosexuality ?

Ranked #19 out of 79 regions surveyed. (Source: World Values Survey, 2017-2020)

(25.1%) Not justifiable

Justifiable (47.6%)

Opinion on same-sex couples as parents ?

Ranked #14 out of 74 regions surveyed. (Source: World Values Survey, 2017-2020)

(16.6%) Disagree

Agree (52.8%)

"Should society accept homosexuality?" (2019) ?

Ranked #11 out of 34 regions surveyed. (Source: Pew Research Center, May–October, 2019)

(21%) No

Yes (72%)

Support for same-sex marriage (North and South America) ?

Ranked #4 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)

(39.1%) Disapprove

Approve (60.9%)

Acceptance of Gay People in Public Office (North and South America) ?

Ranked #3 out of 29 regions surveyed. (Source: AmericasBarometer, 2016-2017)

(26.9%) Disapprove

Approve (73.1%)

"Should society accept homosexuality?" (2013) ?

Ranked #13 out of 39 regions surveyed. (Source: Pew Research Center, June, 2013)

(33%) No

Yes (60%)

Perceived Acceptance of Gay People ?

Ranked #14 out of 119 regions surveyed. (Source: Gallup, 2013)

(22%) Not a good place

Good place (70%)

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?"

By The Numbers

0.52^%

of US adults identify as transgender

1.43^%

of US youth (13-18)

(Williams Institute, 2022)

70^%

of adults support same-sex marriage

83^%

of Democrats

73^%

of Independents

55^%

of Republicans

84^%

of 18-34 year-olds

72^%

of 35-54 year-olds

60^%

of 55+ year-olds

(Pew Research Center, 2021)

42^%

of U.S. LGBTQ youth (ages 13–24) seriously considered attempting suicide in the past year

52^%

of U.S. transgender & non-binary youth seriously considered attempting suicide in the past year

(The Trevor Project, 2021)

26^%

of U.S. LGBTQ youth (ages 13–24) identify as non-binary

20^%

are not sure or questioning if they are transgender

(The Trevor Project, 2021)

11.1^%

of U.S. LGBTQ adults identifying as non-binary

(The Williams Institute, 2021)

5.6^%

of U.S. adults identifying as LGBT

(Gallup, 2021)

History

Homosexual activity in United States

Homosexual activity in United States is legal.

Current status
Since Jun 26, 2003

Legal

Homosexual activity is legal in the United States, however, some US states had already legalized it in years prior.

Details · Accurate? Yes No

1962–Jun 26, 2003

Varies by Region

Before Lawrence v. Texas, some states had already decriminalized sodomy. The first state was Illinois in 1962.

Details · Accurate? Yes No

Same-sex marriage in United States

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.

Details · Accurate? Yes No

May 14, 2004–Jun 26, 2015

Varies by Region

Legal status is extremely variable based on the individual state. Recognized at a Federal level, but not in all states, for all intents and purposes except Social Security. Social Security is based on the state of residence's recognition of marital status.

Details · Accurate? Yes No

Censorship of LGBT Issues in United States

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 Speach Clause. Due to the nature of the current laws, and state decisions such as in Flordia; "Varies by region" is the best indicator to use.

Details · Accurate? Yes No

No censorship

State-enforced

Other punishment

Texas 2021

Until Oct 28, 2021

No censorship

Freedom of Speech is widely talked about

Pride Parades happen every year

Details · Accurate? Yes No

Right to change legal gender in United States

Right to change legal gender in United States is varies by region.

Current status
Since Jan 2013

Varies by Region

From a Federal standpoint, you can change your gender with proof that you have undergone treatment for a gender change (surgery no longer required in any agency as of June 2013)

Details · Accurate? Yes No

Legal, surgery not required

Legal, but requires surgery

Illegal

Oklahoma 2022

Ambiguous

Tennessee

Jan 1, 2013–Sep 6, 2018

Legal, surgery not required

Under federal law. Pending nationwide. Non binary options on documents pending.

Details · Accurate? Yes No

Legal recognition of non-binary gender in United States

Legal recognition of non-binary gender in United States is varies by region.

Current status

Varies by Region

Non-binary gender is recognized in some states and jurisdictions for use on state-issued ID cards.

Additionally, the United States allows people to have X gender on their passports at a national level.

Details · Accurate? Yes No

Recognized

Not legally recognized

Ambiguous

Idaho 2019

LGBT discrimination in United States

LGBT discrimination in United States is varies by region.

Current status
Since Jun 15, 2020

Varies by Region

Each state has different laws.

Details · Accurate? Yes No

Illegal

Illegal in some contexts

No protections

Jan 2011–Jun 14, 2020

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.

Details · Accurate? Yes No

LGBT employment discrimination in United States

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.

Details · Accurate? Yes No

Jun 15, 2020–Oct 9, 2020

Sexual orientation and gender identity

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, Georgia

Details · Accurate? Yes No

Jul 16, 2015–Jun 15, 2020

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.

Details · Accurate? Yes No

Apr 20, 2012–Jul 16, 2015

N/A

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.

Details · Accurate? Yes No

LGBT housing discrimination in United States

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.

Details · Accurate? Yes No

Sexual orientation and gender identity

Sexual orientation only

Wisconsin

No protections

Ambiguous

American Samoa

Same-sex adoption in United States

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.

Details · Accurate? Yes No

Apr 1, 1986–Dec 1, 1986

Legal

Under Federal law. Almost Nationwide.

Details · Accurate? Yes No

Serving openly in military in United States

Serving openly in military in United States is legal.

Current status
Since Feb 26, 2021

Legal

Legalized in every state.

Details · Accurate? Yes No

Jan 25, 2021–Feb 26, 2021

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.

Details · Accurate? Yes No

Apr 11, 2019–Jan 25, 2021

Lesbians, gays, bisexuals permitted, transgender people banned

New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."

Details · Accurate? Yes No

Jan 1, 2018–Apr 11, 2019

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."

Details · Accurate? Yes No

Jul 1, 2016–Jan 1, 2018

Legal

The US Army repealed the ban to serve for openly transgender individuals

Details · Accurate? Yes No

Sep 20, 2011–Jul 1, 2016

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.

Details · Accurate? Yes No

Dec 21, 1993–Sep 20, 2011

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.

Details · Accurate? Yes No

Blood donations by MSMs in United States

Blood donations by MSMs in United States is banned (3-month deferral).

Current status
Since Apr 2, 2020

Banned (3-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.

Details · Accurate? Yes No

Dec 21, 2015–Apr 1, 2020

Banned (1-year deferral)

After a series of recommendations, the FDA has moved to a 12 months deferral.

Details · Accurate? Yes No

1983–Dec 21, 2015

Banned (indefinite deferral)

Though the deferral impacts all MSMs who have had sex with a man since 1977, the policy did not go into effect until 1983. The policy applied retroactively to 1977.

Details · Accurate? Yes No

Conversion therapy in United States

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.

Details · Accurate? Yes No

Banned

Not banned

Ambiguous

American Samoa

Equal age of consent in United States

Equal age of consent in United States is equal.

Current status

Equal

Equalized in every state.

Details · Accurate? Yes No

LGBT Rights by State

View the LGBT laws in each individual state of United States.

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)

LGBT Rights in United States

Public Opinion

Views on same-sex marriage or other legal recognition

Views on same-sex couples' right to adopt

Acceptance of homosexuals as neighbors ?

Justifiability of homosexuality ?

Opinion on same-sex couples as parents ?

"Should society accept homosexuality?" (2019) ?

Support for same-sex marriage (North and South America) ?

Acceptance of Gay People in Public Office (North and South America) ?

"Should society accept homosexuality?" (2013) ?

Perceived Acceptance of Gay People ?

Percentage of Americans Who Consider Homosexuality "Not Wrong At All"

By The Numbers

History

Homosexual activity in United States

Same-sex marriage in United States

Censorship of LGBT Issues in United States

No censorship

State-enforced

Other punishment

Right to change legal gender in United States

Legal, surgery not required

Legal, but requires surgery

Illegal

Ambiguous

Legal recognition of non-binary gender in United States

Recognized

Not legally recognized

Ambiguous

LGBT discrimination in United States

Illegal

Illegal in some contexts

No protections

LGBT employment discrimination in United States

LGBT housing discrimination in United States

Sexual orientation and gender identity

Sexual orientation only

No protections

Ambiguous

Same-sex adoption in United States

Serving openly in military in United States

Blood donations by MSMs in United States

Conversion therapy in United States

Banned

Not banned

Ambiguous

Equal age of consent in United States

LGBT Rights by State

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