The Pursuit: 50 Years in the Fight for LGBT Rights

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States have developed over time, with public opinion and jurisprudence changing significantly since the late 1980s. Lesbian, gay and bisexual rights are considered advanced, but rights of transgender people have faced significant erosion since the beginning of Donald Trump's second presidency. In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBTQ Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBTQ rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBTQ-related anti-discrimination laws regarding housing and private and public services vary by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges. According to Human Rights Campaign's 2024 state index, the states with the most comprehensive LGBTQ rights legislation include Vermont, California, Minnesota, Virginia, Massachusetts, Rhode Island, Maryland, New Mexico, Washington, Colorado, New York, Illinois, Oregon, Maine, Hawaii, and New Jersey. Hate crimes based on sexual orientation or gender identity are punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which provides funding and technical assistance to jurisdictions to help more effectively investigate hate crimes, but many states lack laws that cover sexual orientation and/or gender identity. Public opinion is overwhelmingly supportive of same-sex marriage and it is no longer considered a significant topic of public debate. A 2022 Grinnell College National Poll found that 74% of Americans agree that same-sex marriage should be a guaranteed right while 13% disagree. According to the General Social Survey, support for same-sex marriage among 18–34 year olds is near-universal. Public opinion on transgender issues is divided. Top issues regarding gender identity include bathroom access, athletics, and transgender-related healthcare for minors. After transgender people faced signifi