LGBTQ rights in the United States

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States are at risk of erosion under the Second presidency of Donald Trump, with transgender rights being most at risk. While lesbian, gay and bisexual rights remain advanced as of June 2025, , the rights of transgender individuals federally within the United States have faced severe erosion during Trump's second presidency . While Public opinion and jurisprudence has changed significantly since the late 1980s, recent polling reflects polarization among most issues relating to LGBTQ+ rights. A major movement against LGBTQ+ rights, specifically transgender rights is currently ongoing in the United States.

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, but many states lack laws that cover sexual orientation and/or gender identity.

Support of same-sex marriage among the public peaked in 2022, but has since become an issue with increasing polarization, with debate re-igniting on same-sex marriage and state level resolutions introduced calling for Obergefell's overturning . A Gallup poll found that while the number of people who said same-sex relationships were morally acceptable and who supported same-sex marriage rose from 40% and 27% respectively in 1996, to 72% and 71% respectively in 2022, public support among Republicans have significantly declined since 2022, from 55% of Republicans supporting same-sex marriage in 2022 to 41% in 2025. .

Public opinion on transgender issues is even more sharply divided. Top issues regarding gender identity include bathroom access, athletics, and transgender-related healthcare for minors. A 2025 Gallup poll finds that 40% of Americans (including 70% of Democrats and only 9% of Republicans) believe that gender transition is morally acceptable, and 66% of Americans support policies that require assigned sex at birth on all government IDs, such as birth certificates and drivers licenses. .

After transgender people faced significant erosions in rights on the state level in Republican ran states over the course of three years , an executive order was issued by president Donald Trump on January 20, 2025, directing the United States government to completely remove all federal protections for transgender individuals, and to remove all recognition of transgender identity. The order declared that only male and female genders are recognized, and states that official documents must reflect biological sex (either male or female) assigned at birth. Previously, it was possible for US passport holders to receive either gender marker, or an "X" marker, simply by declaration during a passport application. Trump also banned trans people from military service and halted financing to gender-affirming care for individuals younger than 19. References to transgender people were scrubbed from government websites, in some cases by using the acronym "LGB." Over 350 pages about the LGBTQ community at large were removed entirely.

The United States has been facing significant democratic backsliding before and during Donald Trump's second presidency, which is indicated by the attacks on LGBTQ+ rights since 2022 and backsliding of public opinion, with findings involving other countries from the Williams institute showing that anti-LGBTQ+ attacks normally coincide with democratic backsliding in countries such as Brazil and Ghana . Supreme Court Justice Clarence Thomas stated in the Dobbs decision that he wishes to have the court reconsider the Obergefell and Lawrence decisions .