Kara Sears
While there are anti-discrimination laws in place to protect the LGBTQ+ community, they are not comprehensive, and the legal landscape is constantly evolving. There is no federal law that explicitly protects LGBTQ+ individuals from discrimination, and protections vary at the state and local levels. As of February 2022, 21 states and the District of Columbia have laws that fully and explicitly protect people from discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. However, this leaves 27 states without explicit statewide laws protecting LGBTQ+ individuals in these areas, exposing them to potential discrimination. Additionally, while the U.S. Supreme Court's Bostock v. Clayton County decision affirmed that the prohibition of sex discrimination in employment includes sexual orientation and gender identity, there is a pending federal Equality Act that would provide nationwide, comprehensive protections in various aspects of life. Despite some progress, anti-LGBTQ+ legislation continues to be introduced and enacted, highlighting the ongoing need for comprehensive legal protections for the LGBTQ+ community.
| Characteristics | Values |
|---|---|
| Housing | LGBTQ people are protected from being unfairly evicted, denied housing, or refused the ability to rent or buy housing on the basis of their sexual orientation or gender identity |
| Public accommodations | LGBTQ people are protected from being unfairly refused service, denied entry to, or otherwise discriminated against in public places based on their sexual orientation or gender identity |
| Employment | LGBTQ people are protected from employment discrimination |
| Credit and lending | LGBTQ people are protected from being unfairly denied credit and lending services, such as opening a bank account, taking out a loan, and more |
| Education | LGBTQ people are protected from discrimination in education, including in schools and universities |
| Federally-funded services | LGBTQ people are protected from discrimination when accessing federally-funded services |
| Jury service | LGBTQ people are protected from discrimination when serving on a jury |
| Healthcare | LGBTQ people are protected from discrimination in healthcare, including in hospitals and medical decision-making |
| Immigration | LGBTQ people are no longer denied admission into the US if they self-identify as gay |
| Marriage | Same-sex marriage is legal nationwide |
| Sodomy laws | Sodomy laws have been struck down nationwide |
| Defense of Marriage Act | Section 3 of the Defense of Marriage Act has been struck down |
| Local laws | In some states and cities, there are explicit protections for LGBTQ people from discrimination in various areas |
| Federal law | There is no federal law that explicitly protects LGBTQ people from discrimination, although there are some federal interpretations and regulations that offer some protections |
| State law | In 27 states, there are no explicit statewide laws protecting LGBTQ people from discrimination; in 21 states and the District of Columbia, there are explicit protections in place |
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What You'll Learn
Housing anti-discrimination laws
At the state level, some states have enacted comprehensive nondiscrimination laws that explicitly include sexual orientation and gender identity as protected classes. These laws ensure that LGBTQ+ individuals cannot be unfairly denied housing, evicted, or refused the ability to rent or buy property based on their sexual orientation or gender identity. As of February 2022, 21 states and the District of Columbia offer full protection in this regard, although this only covers approximately 49% of the American LGBTQ+ population.
In other states, the civil or human rights commissions have interpreted existing protections against sex discrimination to include sexual orientation and gender identity. This interpretation allows LGBTQ+ individuals to seek recourse under these laws if they experience housing discrimination. Additionally, local municipalities in states without explicit protections may provide local-level nondiscrimination protections.
At the federal level, the U.S. Department of Housing and Urban Development (HUD) has taken steps to protect LGBTQ+ individuals from housing discrimination. HUD interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation and gender identity. This interpretation allows LGBTQ+ individuals to file complaints with HUD if they believe they have experienced housing discrimination. The Equal Access Rule, issued by HUD in 2012, further prohibits housing discrimination based on sexual orientation and gender identity in HUD-funded or HUD-insured housing, including Public Housing Authorities and shelters.
The legal landscape regarding LGBTQ+ rights is constantly evolving, and ongoing discussions and efforts are focused on strengthening protections for the community. The pending federal Equality Act, for example, aims to amend existing civil rights laws to provide comprehensive protections in housing and other areas.
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Employment anti-discrimination laws
While there are no federal laws that explicitly protect LGBTQ+ people from discrimination, there are some federal protections in place. For example, the U.S. Department of Housing and Urban Development (HUD) interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity. In addition, the Bostock v. Clayton County decision by the U.S. Supreme Court in 2020 affirmed that the prohibition of sex discrimination in employment, as outlined in Title VII of the Civil Rights Act, includes sexual orientation and gender identity.
Despite these federal protections, the LGBTQ+ community still faces significant discrimination in employment. As of February 2022, 27 states do not have explicit state-level non-discrimination protections for LGBTQ+ Americans, leaving an unacceptable majority vulnerable to lawful discrimination. This means that employers in these states can legally discriminate against LGBTQ+ individuals in hiring, promotion, and termination decisions.
However, some states have taken steps to protect the LGBTQ+ community from employment discrimination. As of February 2022, 21 states and the District of Columbia have comprehensive state laws that fully and explicitly protect people from discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations. These laws ensure that LGBTQ+ individuals in those states have legal recourse if they face discrimination in the workplace.
In addition to state laws, some cities and counties have enacted local non-discrimination ordinances that offer additional protections for LGBTQ+ individuals, filling in the gaps left by state and federal laws. These local protections are especially important in states that lack comprehensive non-discrimination laws, as they provide a layer of protection for LGBTQ+ individuals who may otherwise be vulnerable to discrimination.
While the legal landscape is constantly evolving, with ongoing debates and proposed legislation seeking to protect LGBTQ+ individuals under federal, state, and local non-discrimination laws, there is still much work to be done to ensure comprehensive and consistent protections for the LGBTQ+ community across the United States.
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Public accommodation anti-discrimination laws
As of February 2022, 21 states and the District of Columbia have comprehensive public accommodation laws that explicitly protect LGBTQ+ individuals from discrimination. However, this leaves 27 states without explicit statewide laws prohibiting discrimination in public accommodations based on sexual orientation or gender identity. This means that approximately 49% of the American LGBTQ+ population is not fully protected by state-level legislation.
The lack of consistent legal protection across all states has led to a patchwork of protections for LGBTQ+ individuals, with varying degrees of coverage. Some states interpret existing sex discrimination protections to include sexual orientation and gender identity, while others have more explicit laws. Additionally, local ordinances and federal court rulings may provide additional protections in certain areas.
The proposed federal Equality Act aims to address this disparity by amending existing civil rights laws to include comprehensive protections for LGBTQ+ individuals in public accommodations nationwide. The Act would ensure that LGBTQ+ people can fully participate in society without fear of discrimination in public spaces.
Despite some progress, there is still a significant amount of anti-LGBTQ+ legislation being introduced and enacted. In 2023, over 470 local anti-LGBTQ+ bills were introduced, and a record number of anti-LGBTQ+ laws were passed. Many of these laws target the transgender and non-binary community, particularly youth, seeking to restrict their access to gender-affirming care, school sports, and inclusive education.
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Healthcare anti-discrimination laws
In the context of LGBTQ rights, healthcare anti-discrimination laws refer to legal protections that aim to ensure equitable access to healthcare services and medical decision-making rights for LGBTQ individuals. These laws seek to prevent discrimination based on sexual orientation, gender identity, or LGBTQ status in healthcare settings.
In the United States, there have been significant developments in healthcare anti-discrimination laws for the LGBTQ community. At the federal level, the Affordable Care Act (ACA) initially included sexual orientation and gender identity under its anti-discrimination provisions during the Obama administration. However, in 2020, the Trump administration removed these protections, claiming they were not covered under the ACA. This decision sparked widespread concern among LGBTQ advocates. Fortunately, the Biden administration reversed this decision, reinstating the original interpretation of the ACA to include LGBTQ protections.
On the state level, there is significant variation in healthcare anti-discrimination laws. As of February 2022, 21 states and the District of Columbia have comprehensive laws prohibiting discrimination based on sexual orientation and gender identity in healthcare and other areas. These laws ensure that LGBTQ individuals can access healthcare services without facing discrimination or unfair treatment. However, it is important to note that 27 states still lack explicit statewide protections, leaving a substantial portion of the LGBTQ population vulnerable to potential discrimination in healthcare settings.
In recent years, there has been a concerning trend of anti-LGBTQ legislation introduced across various states. Some of these bills aim to restrict access to gender-affirming healthcare for transgender and non-binary youth, with 5 states currently imposing such restrictions. Additionally, there have been efforts to exclude LGBTQ-related topics from school curricula and restrict drag performances, which can have a detrimental impact on LGBTQ youth and the overall LGBTQ community.
To address these gaps and challenges, LGBTQ advocates have been pushing for the passage of the federal Equality Act. This proposed legislation aims to amend existing civil rights laws to provide comprehensive protections based on sexual orientation and gender identity in various areas, including healthcare, education, employment, and public accommodations. The Equality Act is seen as a crucial step toward ensuring full participation and equal rights for LGBTQ individuals in all aspects of society, including healthcare.
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Education anti-discrimination laws
While there are no federal laws that explicitly protect LGBTQ+ individuals from discrimination, there are some federal protections in place. For example, the Office of Fair Housing and Equal Opportunity (FHEO) within the Department of Housing and Urban Development enforces federal fair housing laws and policies that ensure all Americans have equal access to housing, regardless of sexual orientation or gender identity. Additionally, the U.S. Department of Housing and Urban Development (HUD) interprets the Fair Housing Act's ban on sex-based discrimination to include discrimination based on sexual orientation or gender identity.
At the state level, protections vary. As of February 2022, 21 states and the District of Columbia have laws that fully and explicitly protect people from discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. These laws cover approximately 49% of the American LGBTQ+ population, leaving the majority vulnerable to lawful discrimination. It is important to note that some states, like Utah, may protect LGBTQ+ individuals in some areas (such as employment and housing) but not in others (such as public accommodations).
In the realm of education, there have been efforts to introduce anti-LGBTQ+ legislation in schools. For example, some bills aim to prevent teachers from discussing LGBTQ+ topics in classrooms, censor curriculum related to LGBTQ+ issues, and require or allow the misgendering of transgender students. These bills have been introduced in various states, and a few have passed into law. However, it is important to note that public opinion polls show that majorities disapprove of banning LGBTQ+ content in schools, and a significant portion of Americans believe that school libraries should include materials related to "gender identity" and "sexual orientation".
To address the lack of comprehensive federal protections, the pending federal Equality Act aims to amend existing civil rights laws to ensure nationwide protections based on sexual orientation and gender identity in various areas, including education. The Act would provide for the full participation of LGBTQ people in society, and its passage is considered critical by LGBTQ+ advocates.
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Frequently asked questions
Yes, there are anti-discrimination laws for LGBTQ+ people at the federal, state, city, and county levels in the US. However, these laws vary across the country and do not cover all areas of life.
Anti-discrimination laws for LGBTQ+ people in the US can cover employment, housing, public accommodations, credit and lending services, healthcare, and education.
There is currently no federal law that explicitly protects LGBTQ+ people from discrimination. However, the pending federal Equality Act would amend existing civil rights laws to include protections based on sexual orientation and gender identity.
No, as of February 2022, 27 US states do not have state-level non-discrimination protections for LGBTQ+ people. However, some cities and municipalities within these states may have local-level protections in place.
Some examples of anti-discrimination laws for LGBTQ+ people include the US Supreme Court's Bostock v. Clayton County decision, which affirmed that employment non-discrimination laws protect LGBTQ+ identity, and the US Department of Housing and Urban Development's "Equal Access" regulation, which prohibits LGBTQ+ discrimination in federally-assisted housing programs.
