While the rights of lesbian, gay and bisexual people remain among the most advanced in the world, the rights of transgender and intersex people have been significantly eroded since the beginning of the second Trump presidency , [ 1 ] [ 2 ] with public opinion and jurisprudence changing significantly since the late s.
In , beginning with Illinois, states began to decriminalize same-sex sexual activity, [ 6 ] and in , through Lawrence v. Texas , all remaining laws against same-sex sexual activity were invalidated.
In , beginning with Massachusetts, states began to offer same-sex marriage, and in , 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. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hate crimes based on sexual orientation or gender identity are punishable by federal law under the Matthew Shepard and James Byrd, Jr.
