Transgender rights in the United States
| Part of a series on |
| LGBTQ rights |
|---|
| Lesbian ∙ Gay ∙ Bisexual ∙ Transgender ∙ Queer |
| LGBTQ portal |
| Part of a series on |
| Transgender topics |
|---|
|
Transgender rights in the United States vary considerably by jurisdiction. In recent decades, there was an expansion of federal, state, and local laws and rulings to protect transgender Americans; however, many rights remain unprotected, or are increasingly being challenged by anti-transgender bills, especially in Republican-led states, with significant federal restrictions since 2025. Transgender employees are nationally protected from employment discrimination following a 2020 ruling where the Supreme Court held that Title VII protections against sex discrimination in employment extended to transgender employees. Attempts to pass an Equality Act to prohibit discrimination on the basis of gender identity in employment, housing, public accommodations, education, federally funded programs, credit, and jury service, have all been unsuccessful.
Most states allow change of sex on birth certificates and driver's licenses, although some require proof of gender-affirming surgery or prohibit updating these fields altogether. Some states legally recognize non-binary citizens, and offer an "X" marker on identification documents. Gender self-identification (including an "X" option) was permitted for passports between 2022 and 2025, but was subsequently repealed. Laws concerning name changes in U.S. jurisdictions are also a complex mix of federal and state rules. The Supreme Court's decision in Obergefell v. Hodges established that equal protection requires all jurisdictions to recognize same-sex marriages, giving transgender people the right to marry regardless of whether their partners are legally considered to be same-sex or opposite-sex. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, of 2009, added crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability to the federal definition of a hate crime. However, only some states and territories include gender identity in their hate crime laws.
Since at least 2022, there has been a national movement by conservative and right-wing politicians and organizations against transgender rights. Many red state governments have restricted or eliminated transgender residents' access to gendered public accommodations, gender-related medical care, and accurate identification documents. Bans or restrictions on drag performances as well as those on queer-related literature and academic curricula (e.g. gender and sexuality studies) in public schools have also been instituted by several state governments.
After Donald Trump's inauguration as president in January 2025, he has actively targeted transgender people. He signed executive orders to prohibit federal recognition of genders beyond male or female assigned at birth, gender-related medical care for people under 19, military service by openly trans people, support of social transition and instruction on gender-related topics in schools, and the inclusion of trans women in women's sports. Two judges have temporarily blocked the under-19 gender-affirming care ban, and other aspects of these orders have faced legal challenges.
On June 18, 2025, the Supreme Court ruled in United States v. Skrmetti that bans on gender-affirming care for minors were constitutional.