13.4 LGBTQ+ rights and legal protections

LGBTQ+ rights have come a long way, but challenges remain. From historical discrimination to recent legal victories, the journey has been marked by activism and perseverance. Understanding these struggles is crucial for grasping the complexities of sex and the law.

Legal protections for LGBTQ+ individuals have expanded, but gaps persist. Marriage equality, employment protections, and gender identity recognition are significant milestones. However, ongoing issues like discrimination, violence, and unequal access to healthcare highlight the need for continued advocacy and legal reform.

Legal Challenges for LGBTQ+ Individuals

Historical Discrimination and Criminalization

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• LGBTQ+ individuals have faced a long history of legal discrimination, criminalization, and stigmatization in the United States and around the world
• Sodomy laws criminalized same-sex sexual activity and were common in the United States until the late 20th century
  • The Supreme Court case Lawrence v. Texas (2003) struck down remaining state sodomy laws
• LGBTQ+ individuals have been subjected to violence, harassment, and hate crimes, often with inadequate legal protections or response from law enforcement
  • Examples include the Stonewall Riots (1969) and the murder of Matthew Shepard (1998)

Barriers to Equal Rights and Recognition

• LGBTQ+ individuals have faced legal barriers to marriage, adoption, employment, housing, and public accommodations
  • Same-sex couples were denied the right to marry in most states until the 2015 Supreme Court decision in Obergefell v. Hodges
  • LGBTQ+ individuals could be fired from their jobs, denied housing, or refused service in public accommodations based on their sexual orientation or gender identity
• Trans individuals have faced legal challenges related to gender identity recognition
  • This includes changing gender markers on legal documents (driver's licenses, birth certificates, passports)
  • Trans individuals also face barriers to accessing gender-affirming healthcare, which may be excluded from insurance coverage or prohibited by state laws

Evolution of LGBTQ+ Rights Laws

Early Activism and Anti-Discrimination Ordinances

• The Stonewall Riots of 1969 marked a turning point in the fight for LGBTQ+ rights, leading to increased visibility and activism
• In the 1970s and 1980s, some cities and states began passing anti-discrimination ordinances protecting LGBTQ+ individuals in employment, housing, and public accommodations
  • Examples include Minneapolis, MN (1974), Berkeley, CA (1978), and Wisconsin (1982, first statewide law)

Marriage Equality and Federal Recognition

• The Defense of Marriage Act (DOMA) of 1996 defined marriage as between one man and one woman for federal purposes and allowed states to refuse to recognize same-sex marriages performed in other states
• In 2003, Massachusetts became the first state to legalize same-sex marriage, followed by other states either through legislation or court decisions
• The Supreme Court case United States v. Windsor (2013) struck down key provisions of DOMA, requiring federal recognition of same-sex marriages performed in states where it was legal
• The Supreme Court case Obergefell v. Hodges (2015) legalized same-sex marriage nationwide

Expanding Non-Discrimination Protections

• As of 2020, 22 states and the District of Columbia have laws prohibiting discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations
  • An additional 3 states prohibit discrimination based on sexual orientation only
• In 2020, the Supreme Court case Bostock v. Clayton County ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on sexual orientation and gender identity
  • This decision extended federal employment protections to LGBTQ+ individuals nationwide

Impact of Legal Recognition on LGBTQ+ Lives

Access to Rights and Benefits

• Legal recognition of same-sex relationships through marriage or civil unions provides access to important rights and benefits
  • Examples include healthcare coverage, tax benefits, inheritance rights, hospital visitation, and decision-making authority
• Anti-discrimination protections in employment, housing, and public accommodations provide increased economic and social stability for LGBTQ+ individuals and families
  • These protections help to prevent job loss, eviction, and denial of services based on sexual orientation or gender identity

Improved Health and Well-Being

• Legal recognition of gender identity allows trans individuals to change gender markers on legal documents, access gender-affirming healthcare, and live authentically
  • This can improve mental health outcomes and overall well-being for trans individuals
• Increased legal protections and recognition can improve mental health outcomes and reduce minority stress for LGBTQ+ individuals
  • Minority stress refers to the chronic stress experienced by members of stigmatized minority groups, which can lead to adverse health outcomes

Social and Cultural Impact

• Legal victories can have a positive impact on social attitudes towards LGBTQ+ individuals and reduce stigma
  • As LGBTQ+ rights are recognized and protected by law, it sends a message that LGBTQ+ individuals are equal members of society deserving of respect and inclusion
• However, legal progress is often met with backlash and resistance, and LGBTQ+ individuals continue to face discrimination, violence, and marginalization even with legal protections in place
  • Examples include ongoing efforts to pass religious exemption laws, trans bathroom bills, and other policies that target LGBTQ+ individuals

Ongoing Struggles for LGBTQ+ Equality

Disparities and Intersectionality

• Despite significant legal progress, LGBTQ+ individuals continue to face discrimination, violence, and marginalization in many areas of life
• Trans individuals, particularly trans women of color, face disproportionate rates of violence, discrimination, and poverty
  • The National Transgender Discrimination Survey found that 47% of Black trans women had been incarcerated, and 34% had experienced homelessness
• Intersectional approaches are needed to address the unique challenges faced by LGBTQ+ individuals who also experience marginalization based on race, class, disability, and other factors
  • For example, LGBTQ+ immigrants may face additional barriers related to immigration status and language access

Vulnerable Populations and Ongoing Needs

• LGBTQ+ youth are at increased risk for bullying, homelessness, and suicide, and often lack adequate support and protections in schools and child welfare systems
  • The Trevor Project estimates that LGBTQ+ youth are more than four times more likely to attempt suicide than their peers
• LGBTQ+ elders face unique challenges related to social isolation, healthcare access, and discrimination in long-term care facilities
  • Many LGBTQ+ elders face the risk of being forced back into the closet when entering long-term care due to fear of discrimination or mistreatment
• There is an ongoing need for comprehensive federal non-discrimination protections for LGBTQ+ individuals in employment, housing, public accommodations, and other areas
  • The Equality Act, which would provide these protections, has been introduced in Congress but has not yet been passed

Global LGBTQ+ Rights

• International human rights advocacy is needed to address the criminalization, persecution, and violence faced by LGBTQ+ individuals in many countries around the world
  • As of 2021, same-sex sexual activity is criminalized in over 70 countries, and 11 countries have the death penalty for same-sex sexual activity
• LGBTQ+ activists and organizations are working to promote LGBTQ+ rights and inclusion globally through advocacy, education, and support services
  • Examples include the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and OutRight Action International