LGBT 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.

LGBT American flag

LGBT map of the United States.

Family, marriage, and anti-discrimination laws are different in every state. On June 26, 2015, the Supreme Court said that states couldn't have laws against same-sex marriage. This decision was called Obergefell v. Hodges. Before Obergefell v. Hodges, same-sex marriage was legal in 36 states and in Washington, D.C.^[1] 21 states plus Washington, D.C. have made discrimination because of sexual orientation illegal. 16 states plus Washington, D.C. have made discrimination because of gender identity or expression illegal.^[2] Hate crimes because of sexual orientation or gender identity can also be punished under Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. Human Rights Campaign is the biggest LGBT-rights group in the U.S.^[3]

The United States has been facing significant democratic backsliding before and during Donald Trump's 2nd 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.^[4]