In the United States, lesbian, gay, bisexual, and transgender (LGBTQ) people have a long history, including vibrant subcultures and advocacy battles for social and religious acceptance and legal rights.
The 1969 Stonewall riots in New York City are often cited as the beginning of the modern gay civil rights era. The AIDS crisis in the 1980s was a large influence on gay communities and activism. In the late 20th century, social acceptance began to increase, and legal rights followed.
Military policy was changed in 2011, allowing LGB people to serve openly. Social conservatives briefly had success outlawing same-sex marriage at the state level in the 2000s, but the U.S. Supreme Court legalized same-sex marriage nationwide in 2015.
There are varying accounts of the place LGBT people occupied in pre-Columbian era Native American tribes. [1] In modern parlance, the term Two-Spirit is often used to describe Native American LGBT people. There were (and are) hundreds of different tribes across the US, each with its own culture, thus acknowledgement and acceptance of and social roles for LGBT people varied across tribes. [2] In the reservation era, Christian missionaries and European government agencies denounced homosexuality and gender variance, forcing LGBT people to adopt social roles and dress considered appropriate, such as making males cut their hair and making females wear dresses. Though the violence and intimidation enacted by the church and government were disproportionately directed at Native Americans, both Native and non-Native LGBT people often lived in hiding to avoid being incarcerated or killed because homosexuality was a criminal offense. [2] [3] The first person known to describe himself as a drag queen was William Dorsey Swann, born enslaved in Hancock, Maryland. Swann was the first American on record who pursued legal and political action to defend the LGBTQ community's right to assemble. [4] During the 1880s and 1890s, Swann organized a series of drag balls in Washington, D.C.. Swann was arrested in police raids numerous times, including in the first documented case of arrests for female impersonation in the United States, on April 12, 1888. [5]
LGBT acceptance had shown slow improvement in the 19th century and first half of the 20th century. The Stonewall riots were a series of spontaneous, violent demonstrations against a police raid that took place in the early morning hours of June 28, 1969, at the Stonewall Inn, in the Greenwich Village neighborhood of New York City. Although the demonstrations were not the first time American homosexuals fought back against government-sponsored persecution of sexual minorities, the Stonewall riots marked a new beginning for the gay rights movement and gay liberation in the United States and around the world. There were more rapid changes with HIV/AIDS crisis activism in the 1980s. A number of writers, artists and entertainers publicly acknowledged their homosexuality. In the 1990s, the popular media began including gay characters.
Anti-sodomy laws were ruled unconstitutional in 2003, making it legal throughout the nation for consenting adults to have sex with a person of the same gender.
While the 1990s had seen the rise of social conservatism and two major federal restrictions on equality for gay people with the military's Don't Ask Don't Tell policy and the Defense of Marriage Act. "Don't Ask, Don't Tell" was dropped in 2011, and all prohibitions of same-sex marriage were dropped in 2015.
Official church positions on LGBT issues have been slower to change and mostly among mainstream Protestant denominations.
In 1950, a gay community in Los Angeles with communist ideals founded the movement "The Mattachine Society". It began in 1940 when a man named Harry Hay idealized the term homophile. "The Mattachine Society" originated the name "International Bachelors Fraternal Orders for Peace and Social Dignity." The new name was founded by the influence of European masked performers. The main goal of this movement was to go against discrimination and create a strong identity within the gay community. The goals started to change into assimilation instead of advocation and the group started to decline from being a national organization to smaller chapters in the 1950s. [6]
In 1955 in San Francisco, Del Martin and Phyllis Lyon founded Daughters of Bilitis, part of "the homophile movement," to create lesbian community. The organization was intended to be a safe space for lesbians and to advocate. It was influenced by The Mattachine Society and other groups. [7]
In the early 1970s, lesbian activists created their own communities and institutions including self defense schools. Many of their activities were separate from the broader feminist movement and from the gay men's movement. In the late 1970s, the lesbian movement dwindled due to the economic recession, and it generally integrated with the broader gay movement. History of Gay Rights Movement in U.S. Archived November 18, 2019, at the Wayback Machine
Street Transvestite Action Revolutionaries (STAR), founded in 1970 by Sylvia Rivera and Marsha P. Johnson, provided housing and support to homeless LGBT youth in Lower Manhattan. [8] Rivera and Johnson funded the organization largely through sex work, becoming known as the "mothers" of the household. [9] Initially focused on housing, STAR later advocated for trans recognition in the gay liberation movement, leaving a legacy of resilience and advocacy. [10] Rivera briefly revived STAR in 2000 as Street Transgender Action Revolutionaries, continuing the fight for transgender rights. [11]
LGBT rights in the US have evolved over time and vary on a state-by-state basis. Sexual acts between persons of the same sex have been legal nationwide in the US since 2003, pursuant to the U.S. Supreme Court ruling in Lawrence v. Texas .
Anti-discrimination laws vary by state. Same-sex marriage is legal in every state, pursuant to the U.S. Supreme Court ruling in Obergefell v. Hodges . Hate crimes based on sexual orientation or gender identity are also punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009.
Adoption policies in regards to gay and lesbian parents also vary greatly from state to state. Some allow adoption by same-sex couples, while others ban all "unmarried couples" from adoption.
With the withering and downfall of sodomy laws on a state-by-state basis after 1960, LGBT rights activists began to develop increasingly detailed demands and campaigns for legal equality at all levels of government, a process which has been incremental in each jurisdiction. In 1984, Berkeley, California became the first jurisdiction to recognize same-sex unions of any type (then in the form of domestic partnership health benefits for city employees). In 1999, California passed its domestic partnership law, becoming the first state to recognize same-sex unions; Vermont became the first state to legalize civil unions (often seen as a reduced version of full marriage rights).
However, following the Stonewall riots, the social conservative movement in the United States became increasingly defined by its opposition against rights for LGBT people. The most pre-eminent laws advocated at the federal level by social conservative politicians in the 1990s include Don't ask, don't tell, a continued restriction upon the service of LGBT persons in the United States Armed Forces, and the Defense of Marriage Act (DOMA), which defines marriage as a heterosexual-exclusive institution and bars the federal government from recognizing same-sex unions enacted by municipal, state or foreign governments. These were followed by the passage in the 2000s of state-level statutory and constitutional prohibitions of legal recognition of same-sex marriages or unions of any type.
However, a number of other states have legalized same-sex marriages or other unions, beginning with Massachusetts in 2004. That state was followed by Connecticut (2008), Iowa (2009), District of Columbia (2009), Vermont (2009), New Hampshire (2010) and New York (2011).
The most controversial moment in the history of the movement for same-sex marriage rights took place in California during the period from May 2008, when the State Supreme Court abrogated Proposition 22, which barred the state from legalizing same-sex marriage, as unconstitutional, to November 2008, when Proposition 8, a proposition against the court ruling brought by social conservatives, passed with 53% of the vote. Protests against the vote and its outcome ensued nationwide among pro-LGBT rights activists, media personalities and politicians, resulting in Perry v. Schwarzenegger , a federal lawsuit challenging the legality and constitutionality of Proposition 8. The decision by the judge of the case overturned Proposition 8, but the decision has been stayed pending appeal; the ultimate decision is likely to be made in the Supreme Court of the United States, as are two Massachusetts-sourced cases which challenge the constitutionality of DOMA. Meanwhile, some 18,000 same-sex marriages performed in California between May and November 2008 have retained their legality due to an earlier state trial case.
On June 26, 2015, the Supreme Court ruled in Obergefell v. Hodges that states must license and recognize same-sex marriages. Consequently, same-sex marriage is legal in all 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands, and Northern Mariana Islands. Currently, same-sex marriages are neither licensed nor recognized in American Samoa, due to its unique constitutional status. The legal status of same-sex marriage also varies in Native American tribal nations, as their reservations are considered sovereign entities and were not affected by the Supreme Court's legalization in 2015.
In December 2022, the final version of the bill Respect for Marriage Act divided American religious groups morally opposed to same-sex marriage; [12] it was supported by some as a suitable compromise between the rights of LGBT couples and religious liberty, [13] a position that was taken by the Church of Jesus Christ of Latter-day Saints, [14] but was prominently opposed by the U.S. Conference of Catholic Bishops and the Southern Baptist Convention due to their views on sexual ethics. [12] Religious groups that supported the bill in support of their LGBT parishioners include the Episcopal Church, the Evangelical Lutheran Church in America, the Union for Reform Judaism, the Reformed Church in America, the United Church of Christ, and the Presbyterian Church (USA). [15] [16]
Even after the decriminalization of same-sex sexual activity, LGBT persons have continued to be targeted—violently and non-violently—by individuals who claim any degree of emotional or religious motivation for their crimes. This phenomenon has been variously attributed to the influence of institutional and authoritarian homophobia in various environments. The torture and murder of University of Wyoming student Matthew Shepard in 1998 became a rallying moment for activism against hate crimes, and the landmark Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was passed in 2009 under President Barack Obama; the Act was also the first federal legislation of any purpose to specifically refer to transgender persons. Anti-bullying and anti-hate crime movements increasingly focus on bias against sexual orientation and gender identity.
The Hate Crime Statistics Act of 1990 required data collection about crimes motivated by biases that included "sexual orientation." [17] Since then, the FBI has produced an annual report with relevant statistics. In 2013, the FBI's hate crime report began separately considering bias against "gender identity" and "gender" for the first time. [18]
National data collection can be complicated by inconsistent reporting requirements on the state level. For example, as of 2019, 37 states still do not have anti-bias statutes for crimes based on gender identity. [19]
The FBI reports show that, throughout the 21st century, bias against sexual orientation has consistently accounted for between one-seventh and one-fifth of all reported incidents that were motivated by a single bias.
# Single-bias incidents | % Sexual orientation | % Gender identity | % Gender | |
---|---|---|---|---|
2000 [17] | 8,055 | 16.1 | – | – |
2001 [20] | 9,721 | 14.3 | -- | – |
2002 [21] | 7,459 | 16.7 | -- | – |
2003 [22] | 7,485 | 16.6 | -- | – |
2004 [23] | 7,642 | 15.7 | -- | – |
2005 [24] | 7,160 | 14.2 | -- | – |
2006 [25] | 7,720 | 15.5 | -- | – |
2007 [26] | 7,621 | 16.6 | -- | – |
2008 [27] | 7,780 | 16.7 | -- | – |
2009 [28] | 6,598 | 18.5 | -- | – |
2010 [29] | 6,624 | 19.3 | -- | – |
2011 [30] | 6,216 | 20.8 | -- | – |
2012 [31] | 5,790 | 19.6 | -- | – |
2013 [32] | 5,922 | 20.8 | 0.5 | 0.3 |
2014 [33] | 5,462 | 18.6 | 1.8 | 0.6 |
2015 [34] | 5,818 | 18.1 | 2.0 | 0.4 |
2016 [35] | 6,063 | 17.7 | 2.0 | 0.5 |
2017 [36] | 7,106 | 15.9 | 1.7 | 0.6 |
2018 [37] | 7,036 | 17.0 | 2.4 | 0.7 |
Violence against LGBT people in the US is made up of assaults on gay men, lesbians, bisexual, transgender, queer and intersex individuals (LGBTQI), legal responses to such violence, and hate crime statistics in the United States of America. Those targeted by such violence are perceived to violate heteronormative rules and contravene perceived protocols of gender and sexual roles. While this violence is sometimes narrowly termed homophobia or gay bashing, combating it is often understood as part of a broader struggle for human rights.
The Transgender Day of Remembrance is organized annually to honor transgender victims of murder.
In 2009–2010, a number of suicides by teenage and young adult Americans in relation to sexual orientation- or gender expression-related bullying by fellow students garnered headlines, bringing to the fore a debate on bullying in schools and other environments. In response, Seattle-area opinion columnist and rights activist Dan Savage participated with his husband in the making of a video which encouraged children and teenagers to resist and overcome peer bullying, inaugurating an ongoing series of videos by politicians, media personalities, business leaders, activists and others both within and outside the United States listed under the "It Gets Better Project".
The wide array of LGBT-related organizations in the United States includes National Center for Transgender Equality (NCTE), Parents, Families and Friends of Lesbians and Gays (PFLAG), Gay & Lesbian Alliance Against Defamation (GLAAD), Human Rights Campaign (HRC), National Gay and Lesbian Task Force (NGLTF or "the Task Force"), Empowering Spirits Foundation (Empowering Spirits or ESF), [38] Gay & Lesbian Victory Fund, Safe Space America, [39] Independent Gay Forum, and many local LGBT community centers.
Freedom to Marry was the leading advocate for same-sex marriage; the organization closed after same-sex marriage was legalized nationwide. Some of the original staff from Freedom to Marry moved to a new organization called Freedom for All Americans, which now seeks to "adapt the multi-level and multi-prong strategies" of the marriage equality movement to a movement for "a broader array of LGBT rights and protections," according to Courtenay W. Daum. [40]
Since the 1980s, "Gay Straight Alliance" organizations help students and teachers and provide resources to their institutions. Research has shown that LGBTQ adolescents feel safer and more included when they belong to these groups. High School Gay-Straight Alliances (GSAs) and Young Adult Well-Being: An Examination of GSA Presence, Participation, and Perceived Effectiveness - PMC
Christian denominations that have long supported same-sex marriage include the Unitarian Universalist Association, the Episcopal Church, the Presbyterian Church (U.S.A.), [41] the Reformed Church in America, the United Church of Christ, the Evangelical Lutheran Church in America, and the Metropolitan Community Church.
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) 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. Utah's anti-sodomy law was invalidated in 2003 by Lawrence v. Texas, and fully repealed by the state legislature in 2019. 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 LGBTQ people and the rest of the population, and the rights of transgender youth are restricted.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Norway have the same legal rights as non-LGBT people. In 1981, Norway became one of the first countries in the world to enact an anti-discrimination law explicitly including sexual orientation. Same-sex marriage, adoption, and assisted insemination treatments for lesbian couples have been legal since 2009. In 2016, Norway became the fourth country in Europe to pass a law allowing the change of legal sex for transgender people based on self-determination. On 1 January 2024, conversion therapy became legally banned within Norway.
Lesbian, gay, bisexual, and transgender (LGBT) people in Nicaragua face legal challenges not experienced by non-LGBTQ residents. Both male and female types of same-sex sexual activity are legal in Nicaragua. Discrimination based on sexual orientation is banned in certain areas, including in employment and access to health services.
Lesbian, gay, bisexual, and transgender (LGBT) people in Dominica face legal challenges not experienced by non-LGBTQ residents. Homosexuality has been legal since 2024, when the High Court struck down the country's colonial-era sodomy law. Dominica provides no recognition to same-sex unions, whether in the form of marriage or civil unions, and no law prohibits discrimination on the basis of sexual orientation or gender identity.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Lesbian, gay, bisexual, and transgender (LGBT) people in São Tomé and Príncipe face legal challenges not experienced by non-LGBTQ residents. Both male and female forms of same-sex sexual activity are legal in São Tomé and Príncipe, however LGBT persons face stigmatization among the broader population.
Lesbian, gay, bisexual, and transgender (LGBT) people in Mongolia face legal and social challenges not experienced by non-LGBT people, though there have been substantial improvements since the 1990s. Homosexuality was criminalised in Mongolia in 1961 through its Criminal Code. Following the Mongolian Revolution of 1990 and the peaceful transition to a democracy, homosexuality was legalised and awareness about LGBT people has become more prevalent. Hate crimes on the basis of sexual orientation and gender identity result in additional legal penalties. Hate speech based on these two categories has been outlawed in the country since 1 July 2017. Households headed by same-sex couples are, however, not eligible for the same legal protections available to opposite-sex couples.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBTQ people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of New Jersey have the same legal rights as non-LGBTQ people. LGBT individuals in New Jersey enjoy strong protections from discrimination, and have had the same marriage rights as heterosexual people since October 21, 2013.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Georgia enjoy most of the same rights as non-LGBTQ people. LGBTQ rights in the state have been a recent occurrence, with most improvements occurring from the 2010s onward. Same-sex sexual activity has been legal since 1998, although the state legislature has not repealed its sodomy law. Same-sex marriage has been legal in the state since 2015, in accordance with Obergefell v. Hodges. In addition, the state's largest city Atlanta, has a vibrant LGBTQ community and holds the biggest Pride parade in the Southeast. The state's hate crime laws, effective since June 26, 2020, explicitly include sexual orientation.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Massachusetts enjoy the same rights as non-LGBTQ people. The U.S. state of Massachusetts is one of the most LGBT-supportive states in the country. In 2004, it became the first U.S. state to grant marriage licenses to same-sex couples after the decision in Goodridge v. Department of Public Health, and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.
The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State.
Lesbian, gay, bisexual, and transgender (LGBT) rights in the Northern Mariana Islands have evolved substantially in recent years. Same-sex marriage and adoption became legal with the Supreme Court's ruling in the case of Obergefell v. Hodges in June 2015. However, the U.S. territory does not ban discrimination based on sexual orientation and gender identity, except in relation to government employees. Gender changes are legal in the Northern Mariana Islands, provided the applicant has undergone sex reassignment surgery.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the U.S. state of Indiana have been shaped by both state and federal law. These evolved from harsh penalties established early in the state's history to the decriminalization of same-sex activity in 1977 and the legalization of same-sex marriage in 2014. Indiana was subject to an April 2017 federal court ruling that discrimination based on sexual orientation is tantamount to discrimination on account of "sex", as defined by the Civil Rights Act of 1964. The ruling establishes sexual orientation as a protected characteristic in the workplace, forbidding unfair discrimination, although Indiana state statutes do not include sexual orientation or gender identity among its categories of discrimination.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of North Dakota may face some legal challenges not experienced by non-LGBTQ 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 LGBTQ people is illegal under federal law.
LGBTQ history in the United States spans the contributions and struggles of lesbian, gay, bisexual, transgender and queer (LGBTQ) people, as well as the LGBTQ social movements they have built.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978, and same-sex marriage has been allowed since June 2015. The U.S. territory now has discrimination protections in employment for both sexual orientation and gender identity. Additionally, federal law has provided for hate crime coverage since 2009. Gender changes are legal in Guam, provided the applicant has undergone sex reassignment surgery.
In the U.S. Virgin Islands, Lesbian, gay, bisexual, and transgender (LGBT) rights have evolved substantially in recent years. Same-sex sexual activity has been legal since 1985. The region also provides explicit legal protections against discrimination for LGBTQ residents since December 2022. Following the Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which found the denial of marriage rights to same-sex couples unconstitutional, same-sex marriage became legal in the islands.
The following outline offers an overview and guide to LGBTQ topics:
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ignored (help)Among U.S. faith leaders and denominations, there are sharp differences over the bill advancing in the Senate that would protect same-sex and interracial marriages in federal law ... On Tuesday, one of the most prominent conservative-leaning denominations – The Church of Jesus Christ of Latter-day Saints – came out in favor of the legislation. But the U.S. Conference of Catholic Bishops and leaders of the Southern Baptist Convention remain opposed ...
Rather than just say no to RMA, a small collective of faith groups moved quickly in the Senate to see if the act could be brought into balance. A few senators from both parties who were keen on doing just that helped. After adding in a measure of religious liberty protections, the Senate substitute of the House bill passed the higher chamber earlier this week, 62–37. Churches, Christian colleges, K-12 religious schools, and faith-based social service providers can take comfort in these boundary lines. All in all, RMA is a modest but good day's work. It shows that religious liberty champions and LGBT advocates can work together for the common good. It says to the original House bill, 'If a bill is about us, it has to be with us.' And it shows that Congress can still legislate, not just be a gaggle of egos who go to Washington to perform but never fix.