LGBTQ rights in the United States

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. 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, 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 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 significant erosions in rights on the state level in Republican ran states over the course of three years, President Donald Trump issued an executive order on January 20, 2025, directing the United States government to remove all federal protections for transgender individuals and 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.