- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Varies by Region
- Changing Gender
- Varies by Region
- Gender-Affirming Care
- Varies by Region
- Non-Binary Gender Recognition
- Varies by Region
- Discrimination
- Varies by Region
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- Varies by Region
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✔ Legal
- Conversion Therapy
- Varies by Region
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion in United States appears to be somewhat divided on LGBTQ+ issues, as evidenced by recent studies.
OPPOSE
SUPPORT
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?"
Perception of LGBTQ+ People
Survey results from 272 LGBTQ+ Equaldex users who lived in or visited United States.
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 United States is legal.
Current status
Since Jun 26, 2003
Legal
Homosexuality was decriminalized at the federal level in the United States through the landmark Supreme Court decision of Lawrence v. Texas in 2003. The court struck down a Texas statute that criminalized sexual acts between same-sex couples, declaring such laws unconstitutional. This judgment set a precedent that rendered similar anti-sodomy statutes across states unenforceable, thereby federally decriminalizing homosexuality in private, consensual settings.
Same-sex marriage in United States is legal.
Current status
Since Jun 26, 2015
Legal
Following the U.S. Supreme Court’s landmark ruling in Obergefell v Hodges, all 50 states and the District of Columbia are required to issue marriage licenses for same-sex couples and recognize same-sex marriages performed in other states.
Varies by Region
From May 2004 to June 2015, the legality of gay marriage in the United States varied by state. On November 18th, 2003, Massachusetts Supreme Court ruled that banning same-sex marriage was unconstitutional, and their ruling came into effect on May 17th, 2004. Massachusetts was the first state to legalize same-sex marriage.
Between May 17th, 2004, and June 26th, 2015, when the United States Supreme Court legalized same-sex marriage nationwide, 37 states and the District of Columbia legalized same-sex marriage.
Between May 17th, 2004, and June 26th, 2015, when the United States Supreme Court legalized same-sex marriage nationwide, 37 states and the District of Columbia legalized same-sex marriage.
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 Speech Clause. Due to the nature of the current laws, and state decisions such as in Florida; "Varies by region" is the best indicator to use.
Generally, LGBT Topics are considered under the Free Speech Clause. Due to the nature of the current laws, and state decisions such as in Florida; "Varies by region" is the best indicator to use.
No censorship
- Utah 2021
- Alaska
- American Samoa
- Arizona
- California
- Colorado
- Connecticut
- Delaware
- Georgia
- Guam
- Hawaii
- Illinois
- Indiana
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Dakota
- Vermont
- U.S. Virgin Islands
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
State-enforced
- South Carolina 2024
- North Carolina 2023
- Iowa 2023
- Tennessee 2023
- Arkansas 2023
- Alabama 2022
- Florida 2022
- Louisiana 2022
- Mississippi 2022
- Oklahoma 2022
- Texas 2021
Ambiguous
- Idaho 2024
Varies by Region
Alabama Public Television banned an episode of “Arthur” (entitled “Mr Ratburn and the Special Someone”) because Mike McKenzie (director of programming for the station) deemed the episode “inappropriate” for young viewers.
It is unknown about other American states’ censorship laws regarding LGBTQIA+ issues.
It is unknown about other American states’ censorship laws regarding LGBTQIA+ issues.
Right to change legal gender in United States is varies by region.
Current status
Since Jan 20, 2025
Varies by Region
President Trump issued an executive order to "defend women", the order creates only male and female terms. Also stated in the terms, federal funding will not go towards
(i) changes to agency documents, including regulations, guidance, forms, and communications, made to comply with this order; and
(ii) agency-imposed requirements on federally funded entities, including contractors, to achieve the policy of this order.
This order includes, any federally funded agencies like Department of Motors, which would be under Department of Transportation.
(i) changes to agency documents, including regulations, guidance, forms, and communications, made to comply with this order; and
(ii) agency-imposed requirements on federally funded entities, including contractors, to achieve the policy of this order.
This order includes, any federally funded agencies like Department of Motors, which would be under Department of Transportation.
Legal, no restrictions
- Massachusetts 2024
- Montana 2024
- North Carolina 2022
- U.S. Virgin Islands 2022
- Michigan 2021
- New York 2021
- Ohio 2021
- New Jersey 2021
- Virginia 2020
- West Virginia 2020
- Colorado 2020
- Maine 2019
- New Mexico 2019
- Maryland 2019
- New Hampshire 2019
- Illinois 2018
- Minnesota 2018
- California 2017
- Utah 2017
- Washington 2017
- Nevada 2017
- Alaska
- American Samoa
- Connecticut
- Delaware
- Guam
- Indiana
- Mississippi
- Oregon
- Rhode Island
- South Dakota
- Puerto Rico
- United States Minor Outlying Islands
- Vermont
Legal, but requires medical diagnosis
- Arizona 2024
- Pennsylvania 2016
- Washington, D.C. 2013
- Iowa
Legal, but requires surgery
- Missouri 2024
- North Dakota 2006
- Kentucky 2005
- Arkansas 2002
- Alabama
- Georgia
- Louisiana
- Nebraska
- Northern Mariana Islands
- South Carolina
- Texas
- Wisconsin
- Wyoming
Illegal
Ambiguous
Varies by Region
As of 2022, all passports are able to get a gender marker X on the US State website or in person. Social Security will be able to change the name as well, unknown of the date when allowed. Check any of the states for Drivers ID or Birth certificates.
Varies by Region
Many U.S. jurisdictions require gender-affirming surgery before the person's legal sex can be changed
It is important to note that surgery is not universally required to change legal sex under federal law or in some states. However, a health professional's certification may be necessary. It is essential to consult the specific laws and guidelines of your state for accurate information on the legal requirements for changing gender markers and identity documents.
There is no federal law on right to change gender, varies by region
It is important to note that surgery is not universally required to change legal sex under federal law or in some states. However, a health professional's certification may be necessary. It is essential to consult the specific laws and guidelines of your state for accurate information on the legal requirements for changing gender markers and identity documents.
There is no federal law on right to change gender, varies by region
Gender-affirming care in United States is varies by region.
Current status
Varies by Region
While Gender Affirming Care is unrestricted federally, it varies by region due to no federal laws in place. Several states have either banned or passed laws to protect gender affirming care. Office of Health and Human Services made an document stating that they are with gender affirming care in 2022. There have been no efforts made to make gender affirming care federally protected, President Biden has made no comments on the specific topic
Legal
- Maryland 2024
- Oregon 2024
- Nevada 2023
- Arkansas 2023
- New York 2023
- Vermont 2023
- New Jersey 2023
- New Mexico 2023
- Minnesota 2023
- Colorado 2023
- Hawaii 2022
- Massachusetts 2022
- Washington 2021
- Connecticut 2020
- Puerto Rico 2020
- California 2018
- Alaska
- Illinois
- Maine
- Montana
- Pennsylvania
- Rhode Island
- Virginia
- Wisconsin
Legal, but restricted for minors
- New Hampshire 2025
- Arizona 2022
Legal, but banned for minors
- Ohio 2024
- Wyoming 2024
- South Carolina 2024
- Indiana 2024
- Louisiana 2024
- Nebraska 2023
- North Carolina 2023
- Texas 2023
- Georgia 2023
- Tennessee 2023
- Iowa 2023
- Mississippi 2023
- South Dakota 2023
- Kentucky 2023
- Oklahoma 2023
- Utah 2023
- Alabama 2022
- North Dakota
- West Virginia
Restricted
Ambiguous
Legal recognition of non-binary gender in United States is varies by region.
Current status
Since Jan 23, 2025
Varies by Region
In his first hours in office, Donald Trump signed an executive order directing the federal government to only recognize two sexes: “Male” and “Female”. The order also directed federal agencies to eliminate the use of "gender" in federal documents and guidelines, including an instruction to the Secretary of State to discontinue the use and option of X gender markers in passports moving forward, but not retroactively invalidating passports.
On January 23rd, 2025, the Secretary of State, Marco Rubio, ordered the U.S. state department to freeze all applications for passports that had requested an ‘X’ on their gender marker.
Other IDs are still state dependent, and there are many states in the U.S. that recognize third gender identities.
On January 23rd, 2025, the Secretary of State, Marco Rubio, ordered the U.S. state department to freeze all applications for passports that had requested an ‘X’ on their gender marker.
Other IDs are still state dependent, and there are many states in the U.S. that recognize third gender identities.
Recognized
- Illinois 2023
- Vermont 2022
- Michigan 2021
- New York 2021
- Ohio 2021
- Arizona 2020
- Pennsylvania 2020
- Maine 2020
- Hawaii 2020
- Virginia 2020
- Connecticut 2020
- Colorado 2020
- Massachusetts 2019
- New Mexico 2019
- Maryland 2019
- Nevada 2019
- New Jersey 2019
- Minnesota 2018
- Washington 2018
- California 2018
- Oregon 2017
- Washington, D.C. 2017
- New Hampshire
- Rhode Island
- Utah
Not legally recognized
Recognized
Since April 11th, 2022, the United States allows people to have an X gender on their passports at a national level.
Other IDs are still dependent on state laws.
Other IDs are still dependent on state laws.
LGBT discrimination in United States is varies by region.
Current status
Since Jun 26, 2015
Varies by Region
Obergefell v. Hodges, 2015 court case allows same-sex marriages. This also protects LGBTQ discrimination. Bostock v. Clayton County, GA protects LGBTQ employees. Tennessee has laws for LGBTQ discrimination, thus being varies by region even though its federally protected
Illegal
- Michigan 2023
- New Hampshire 2018
- Guam 2015
- Delaware 2013
- Puerto Rico 2013
- Washington 2006
- California 2004
- New Mexico 2003
- New York 2003
- Minnesota 1993
- Colorado
- Connecticut
- Hawaii
- Illinois
- Iowa
- Maine
- Maryland
- Massachusetts
- Nevada
- New Jersey
- Northern Mariana Islands
- Oregon
- Rhode Island
- Vermont
- Washington, D.C.
Illegal in some contexts
- Nebraska 2022
- Virginia 2020
- Alabama 2017
- West Virginia 2016
- Montana 2016
- Utah 2015
- Florida 2009
- Missouri 2003
- Kentucky 1792
- Kansas
- Wisconsin
No protections
- Tennessee 2024
- Arkansas 2020
- Texas 2018
- Alaska
- Arizona
- Georgia
- Idaho
- Indiana
- Louisiana
- Mississippi
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Wyoming
Varies by Region
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.
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.
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.
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.
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.
LGBT housing discrimination in United States is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
The Fair Housing Act (Title 8 of the Civil Rights Act of 1968) protects people from housing discrimination on the basis of gender identity or sexual orientation nationwide.
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.
States can however require couples to be legally married before adopting.
Intersex infant surgery in United States is varies by region.
Current status
Varies by Region
Federally in the United States, intersex infant surgeries are not banned. Very few states have made laws to protect surgeries of that nature, example being New York up till 2 years old.
Full ban
- New York 2023
Not banned
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Delaware
- Georgia
- Hawaii
- Idaho
- Iowa
- Kansas
- Louisiana
- Florida
- Massachusetts
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Mexico
- North Dakota
- Oklahoma
- Oregon
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Washington
- Wyoming
Ambiguous
Serving openly in military in United States is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since Feb 7, 2025
Lesbians, gays, bisexuals permitted, transgender people banned federal 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 federal 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 federal law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal federal 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 federal 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 United States is legal.
Current status
Since May 11, 2023
Legal federal 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) federal 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) federal law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) federal 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 United States is varies by region.
Current status
Varies by Region
Conversion therapy has always been a topic among legislative groups of people. Roughly about 23 states have fully banned conversion therapy for minors. The rest of the states have not yet banned it or plan to keep it unbanned.
Banned
- Kentucky 2024
- Pennsylvania 2022
- Minnesota 2021
- Michigan 2021
- North Dakota 2021
- Virginia 2020
- Utah 2020
- Maine 2019
- Colorado 2019
- Massachusetts 2019
- Puerto Rico 2019
- New Hampshire 2019
- Delaware 2018
- Washington 2018
- Maryland 2018
- Nevada 2018
- Rhode Island 2017
- New Mexico 2017
- Connecticut 2016
- Hawaii 2016
- Oregon 2016
- Vermont 2016
- Illinois 2015
- Washington, D.C. 2014
- New Jersey 2013
- California 2012
- United States Minor Outlying Islands
Not banned
- Indiana 2023
- Florida 2020
- North Carolina 2019
- Alabama
- Arkansas
- Georgia
- Guam
- Idaho
- Louisiana
- Mississippi
- Montana
- Northern Mariana Islands
- South Dakota
- Tennessee
- Texas
- Wyoming
Varies by Region
- West Virginia 2021
- South Carolina 2021
- Oklahoma 2021
- Wisconsin 2021
- Nebraska 2021
- Alaska 2020
- Kansas 2020
- Iowa 2020
- Missouri 2019
- New York 2019
- Arizona 2017
- Ohio 2015
- American Samoa
Equal age of consent in United States is equal.
Current status
Equal
Equalized in every state.
LGBT Rights by State
View the LGBT laws in each individual state of United States.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- 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)
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