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The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Utah have significantly evolved in the 21st century. Protective laws have become increasingly enacted since 2014, despite the state's reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state's ban was ruled unconstitutional by federal courts in 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population, and the rights of transgender youth are restricted.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s.
In the United States, the rights of transgender people vary considerably by jurisdiction. In recent decades, there has been an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, and some rights are being eroded. Since 2020, there has been a national movement by conservative/right-wing politicians and organizations to target transgender rights. There has been a steady increase in the number of anti-transgender bills introduced each year, especially in Republican-led states.
Lesbian, gay, bisexual, and transgender (LGBT) individuals in the U.S. state of Alabama have federal protections, but still face legal challenges and discrimination on the state level that is not experienced by non-LGBT residents. LGBT rights in Alabama—a Republican Party stronghold located in both the Deep South and greater Bible Belt—are severely limited in comparison to other states. As one of the most socially conservative states in the U.S., Alabama is one of the only two states along with neighboring Mississippi where opposition to same-sex marriage outnumbers support.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Florida have federal protections, but many face legal difficulties on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity became legal in the state after the U.S. Supreme Court's decision in Lawrence v. Texas on June 26, 2003, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since January 6, 2015. Discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations is outlawed following the U.S. Supreme Court's ruling in Bostock v. Clayton County. In addition, several cities and counties, comprising about 55 percent of Florida's population, have enacted anti-discrimination ordinances. These include Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Tallahassee and West Palm Beach, among others. Conversion therapy is also banned in a number of cities in the state, mainly in the Miami metropolitan area, but has been struck down by the 11th Circuit Court of Appeals. In September 2023, Lake Worth Beach, Florida became an official "LGBT sanctuary city" to protect and defend LGBT rights.
Illinois is seen as one of the most progressive states in the United States in regard to lesbian, gay, bisexual, and transgender (LGBT) rights and often viewed as one of the most liberal states in the Midwestern United States. Same-sex sexual activity has been legal since 1962, after Illinois became the first U.S. state to repeal its sodomy laws. Same-sex marriage was banned by statute in 1996, but has since been legalized after a law allowing such marriages was signed by Governor Pat Quinn on November 20, 2013 and went into effect on June 1, 2014. Civil unions have been recognized since 2011, and same-sex couples are also allowed to adopt. Additionally, discrimination on the basis of sexual orientation and gender identity is banned in employment, housing, credit and public accommodations, and conversion therapy on minors has been outlawed since 2016.
The establishment of lesbian, gay, bisexual, and transgender (LGBT) rights in the U.S. state of Vermont is a recent occurrence, with most progress having taken place in the late 20th and the early 21st centuries. Vermont was one of 37 U.S. states, along with the District of Columbia, that issued marriage licenses to same-sex couples until the landmark Supreme Court ruling of Obergefell v. Hodges, establishing equal marriage rights for same-sex couples nationwide.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas face legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.
Lesbian, gay, bisexual, and transgender (LGBT) people in Tennessee may experience some legal challenges that non-LGBT residents do not. Same-sex sexual activity has been legal in the state since 1996. Marriage licenses have been issued to same-sex couples in Tennessee since the Supreme Court ruling in Obergefell v. Hodges on June 26, 2015.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in North Dakota, and same-sex couples and families headed by same-sex couples are eligible for all of the protections available to opposite-sex married couples; same-sex marriage has been legal since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of South Dakota may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in South Dakota, and same-sex marriages have been recognized since June 2015 as a result of Obergefell v. Hodges. State statutes do not address discrimination on account of sexual orientation or gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law.
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. commonwealth of Kentucky still face some legal challenges not experienced by other people. Same-sex sexual activity is legal in Kentucky, although the state legislature has not repealed its sodomy statute for same-sex couples. Same-sex marriage is legal in Kentucky under the U.S. Supreme Court ruling in Obergefell v. Hodges. The decision, which struck down Kentucky's statutory and constitutional bans on same-sex marriages and all other same-sex marriage bans elsewhere in the country, was handed down on June 26, 2015.
Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Kansas have federal protections, but many face some legal challenges on the state level that are not experienced by non-LGBT residents. Same-sex sexual activity is legal in Kansas under the US Supreme Court case Lawrence v. Texas, although the state legislature has not repealed its sodomy laws that only apply to same-sex sexual acts. The state has prohibited discrimination on the basis of sexual orientation and gender identity in employment, housing and public accommodations since 2020. Proposed bills restricting preferred gender identity on legal documents, bans on transgender people in women's sports, bathroom use restrictions, among other bills were vetoed numerous times by Democratic Governor Laura Kelly since 2021. However, many of Kelly's vetoes were overridden by the Republican supermajority in the Kansas legislature and became law.
Discrimination against non-binary people, people who do not identify exclusively as male or female, may occur in social, legal, or medical contexts.
A bathroom bill is the common name for legislation or a statute that denies access to public toilets by gender or transgender identity. Bathroom bills affect access to sex-segregated public facilities for an individual based on a determination of their sex as defined in some specific way, such as their sex as assigned at birth, their sex as listed on their birth certificate, or the sex that corresponds to their gender identity. A bathroom bill can either be inclusive or exclusive of transgender individuals, depending on the aforementioned definition of their sex.
The history of LGBT residents in South Dakota spans back to precolonial Native American times, but has become much more visible in the 21st century.
South Dakota House Bill 1008, also known as House Bill 1008, HB 1008, and the Bathroom Bill, was a bill passed by the South Dakota Legislature in 2016 and vetoed by Governor of South Dakota Dennis Daugaard. The purpose of the bill was to restrict bathroom and locker room use by transgender students to facilities that matched their sex assigned at birth, not their gender identity. It was the first such bathroom bill to be passed in a state legislature in the U.S. and sparked a chain of similar bills across the nation. HB 1008 was opposed by several LGBT rights organizations, such as the HRC, GLSEN, and ACLU.
Transphobia in the United States has changed over time. Understanding and acceptance of transgender people have both decreased and increased during the last few decades depending on the details of the issues which have been facing the public. Various governmental bodies in the United States have enacted anti-transgender legislation. Social issues in the United States also reveal a level of transphobia. Because of transphobia, transgender people in the U.S. face increased levels of violence and intimidation. Cisgender people can also be affected by transphobia.
Quentin Van Meter is a pediatric endocrinologist and president of the American College of Pediatricians, a socially conservative advocacy group which is known for opposing gay marriage, gender reassignment surgery, and abortion. He has advocated and referred his clients to conversion therapy and is known for rejecting the medical consensus on the efficacy and safety of transgender health care.
The 2020s anti-LGBT movement in the United States is an ongoing political backlash from social conservatives against LGBT people. It has included legislative proposals of bathroom use restrictions, bans on gender-affirming care, anti-LGBT curriculum laws, laws against drag performances, book bans, boycotts, and conspiracy theories around grooming. Between 2018 and 2023, hundreds of anti-LGBT laws were considered, with more than one hundred passed into law.
References
- 1 2 Legislative Manual South Dakota 2015, p. 126 (2015)
- ↑ (2 Feb 2014). Fred Deutsch to run for District 4 House, dakotawarcollege.com
- ↑ (11 November 2014). Dr. Fred Deutsch Resigns From Watertown School Board After Winning State House Seat, KXLG
- ↑ (20 November 2014). What to do when you suffer a political loss? You come back & win! 5 Questions with…. Rep-Elect Fred Deutsch, dakotawarcollege.com
- ↑ "Deutsch Chiropractic Clinic Website". 7 March 2017.
- ↑ Smith, Mitch (25 February 2016). South Dakota Bill on Transgender Students’ Bathroom Access Draws Ire, The New York Times
- ↑ Kern, Sydney (24 January 2016). A House Bill Dealing With Transgender Students And School Bathrooms Creates Controversy, KDLT
- ↑ Brown, Emma. "South Dakota governor vetoes bill that would have restricted transgender students' access to school restrooms". The Washington Post. Retrieved 11 February 2020.
- ↑ Sopelsa, Brooke. "South Dakota bill would make trans health care for minors a felony". NBC News. Retrieved 11 February 2020.
- ↑ Turban, Jack. "What South Dakota Doesn't Get About Transgender Children". The New York Times. Retrieved 11 February 2020.
- ↑ Fitzsimmons, Tim. "South Dakota's trans health bill is effectively dead, opponents say". NBC News. Retrieved 11 February 2020.
- ↑ Pauly, Madison (March 8, 2023). "Inside the Secret Working Group That Helped Push Anti-Trans Laws Across the Country". Mother Jones.