- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✔ Recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
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Public Opinion
Surveys in California have shown mixed views towards LGBTQ+ rights and issues.
OPPOSE
SUPPORT
Perception of LGBTQ+ People
Survey results from 24 LGBTQ+ Equaldex users who lived in or visited California.
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 California is legal.
Current status
Since Jan 1, 1976
Legal
The 1975 Consenting Adult Sex Bill (CA Assembly Bill 489) legalised same-sex sexual activity.
Illegal (up to life in prison as punishment)
In 1952, Governor Earl Warren, a year and a half before becoming chief justice of the United States, signed into law a bill changing the prison term for sodomy to "no less than one year" therefore allowing up to life in prison.
Illegal (other penalty)
California enacted a law in 1909 that provided for the sterilization of persons convicted two or more times of sexual offences if they showed evidence while in prison of being a "moral or sexual pervert". During this period, an estimated 20,000 people were sterilised, many for same-sex sexual intercourse. The law allowing sterilisation was not repealed until 1972 but they were rare after 1950.
Illegal (imprisonment as punishment)
A few months before statehood, California enacted a penal code criminalising sodomy. Although it would likely be invalidated because the law refers to California as "the state of", prosecutions still occurred under the law, and it was enacted into the law again in 1872.
Same-sex marriage in California is legal.
Current status
Since Jun 28, 2013
Legal
In 2013, California legalized same-sex marriage permanently; rendering Proposition 8 unenforceable.
Legal
Same-sex marriage in California was briefly legal in 2008, before being overturned five months later.
Varies by Region
In 2004, San Francisco’s newly elected mayor defied the state ban and began providing for recognition of marriage for same-sex couples in the city. These would get invalidated by the state months later.
Banned
In 1977, California passed a statute restricting marriage to different-sex couples, effectively banning same-sex marriage.
Censorship of LGBT issues in California is no censorship.
Current status
No censorship
Public schools are required to teach about the history of the LGBT community, and transgender students are allowed to choose the appropriate restroom or sports team that match their gender identity.
Right to change legal gender in California is legal, no restrictions.
Current status
Since Oct 15, 2017
Legal, no restrictions
Surgery is not required under state or federal law.
Legal, but requires medical diagnosis
In 2014, California removed the surgical requirement for legal gender recognition but still required proof of “appropriate medical treatment”.
Until 2014
Legal, but requires surgery
Surgery was originally required in California.
Gender-affirming care in California is legal.
Current status
Legal
All Minors and Adults are able to get gender affirming care if they are out of state. There are no laws explicitly saying that they are protected for those living in the state. However, Gender affirming care clinics are always welcoming of new transgender people. Minors under the age of 18 living in a illegal state to get gender affirming care, may move to California to get gender affirming care. Under SB107 that protects Families of the minor as well from illegal states.
Legal recognition of non-binary gender in California is recognized.
LGBT discrimination in California is illegal.
Current status
Since Aug 17, 2004
Illegal
Defines a hate crime as a criminal act committed because the victim's perceived: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Protections also include gender identification.
Also, In 2014, California became the first state in the U.S. to officially ban the use of gay panic and transgender panic defenses in murder trials.
Also, In 2014, California became the first state in the U.S. to officially ban the use of gay panic and transgender panic defenses in murder trials.
LGBT employment discrimination in California is sexual orientation and gender identity.
Current status
Since Sep 25, 2004
Sexual orientation and gender identity
State law provides for protections against employment discrimination in regards to both sexual orientation and gender identification.
LGBT housing discrimination in California is sexual orientation and gender identity.
Current status
Since Sep 28, 2006
Sexual orientation and gender identity
This state explicitly bans housing discrimination based upon sexual orientation and gender identification.
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity. HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state (March 2012)."
Same-sex adoption in California is legal.
Current status
Since Jan 1, 2003
Legal
California law states that an adult related to the child, a person named in a deceased parent’s will, a legal guardian, or a person with whom the child has been placed for adoption is permitted to petition to adopt. California §8600, 8601 permit same-sex adoption, and second-parent adoption is legal per case law exhibited via Sharon v. Supreme Court, 31 Cal. 4th 417 (2003). This case also explicitly banned discrimination based on sexual orientation in all adoptions and foster care placements in California.
Intersex infant surgery in California is not banned.
Current status
Not banned
There have been several attempts, all failed to pass such bans on intersex infant surgery. Some hospitals in California may refuse to put intersex infants through this surgery but there are no legal bans on the practice.
Serving openly in military in California is legal.
Current status
Since Mar 18, 2025
Legal under federal United States 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 under federal United States law
Secretary of Defense Pete Hegseth filed in court a memo on February 10th, 2025 relating to President Trump’s executive order from the previous month.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
From now on, The U.S. military will prohibit transgender individuals from enlisting, and will cease providing or supporting gender transition procedures for service members.
Legal under federal United States law
President Joe Biden removed former President Donald Trump’s ban on transgender people serving in the military, and transgender people are still allowed to serve as of 2025.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
In January of 2025, President Trump signed an executive order that bans transgender people from serving in the military. However, before his executive order can take effect, Secretary of Defense Pete Hegseth needs to submit a plan on how the military will implement the order.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
The Trump administration enacted a new policy barring individuals with a "condition" known as "gender dysphoria." from serving in the military.
Legal under federal United States 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 under federal United States 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 California is legal.
Current status
Since May 11, 2023
Legal under federal United States 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) under federal United States 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) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States 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 California is banned.
Current status
Since Sep 29, 2012
Banned
Note that this only applies to youth (under 18 years olds)
Until Sep 28, 2012
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in California is equal.
Current status
Since Jan 1, 1976
Equal
The age of consent is 18 for both same-sex couples and opposite-sex couples.
United States Equality Rank
#82
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Alternative names: Californie, Kalifornien
