“50-year Time Capsule: The Rights and the Changing Laws of the LGBTQ+ from the 1960s to current”
Guest Post
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Guest Post 🌈
Author: Autum Leigh Freeman
Written for History 217 and submitted to class on April 21, 2025, posted here with permission of the author.
Fifty years ago, the Lawrence County government decided to bury a time capsule, and this is what we've found. We are finding out the rights and laws from the 1960s on. It is strangely different from what we had expected. We are finding out the rights of the LGBTQ+ have gained and lost since then.
Before we look at the 1960s, we need to take a brief detour to the 1950s. In the 50s, the LGBTQ+ community had to hide who they were in fear of losing their jobs and homes, being thrown in jail, or being forced into institutionalization. Also, in the 50s, several organizations were formed. In 1950, gay men formed The Mattachine Society, while lesbian women formed the Daughters of Bilitis in 1955. (nps.org, n.d.) In 1953, Executive Order 10450 barred lesbian and gay people from applying for federal jobs. Both groups fought against it. This order ended up causing over 5000 men and women to be fired from their jobs because they were suspected of being homosexual. In 58, the first Supreme Court case of homosexuality was won. The single publication, in this case, was declared not obscene. It cited freedom of speech for the homosexual community. The decade ended with a spontaneous act of resistance. This event was at Coopers Donuts in LA. The police officers arrested three people, which was met with targeting. This event turned into a food fight by drag queens; they were fighting back against police harassment.
Barbara Gittings was an activist in the 1950s and 60s in the pre-Stonewall homophile movement and the post-Stonewall gay liberation movement. In 1965, she started the New Yo9rk chapter of the Daughters of Bilitis with Frank Kameny. (prideandprogress.org, n.d.d) Frank Kameny and Barbara Gittings were instrumental in leading the “Annual Reminder” pickets. These were some of the very first pro-LGBTQ+ protests. These protests were visible to the American public. These events would help lay the groundwork for the Stonewall Uprising in 1969. (A&E Television Networks LLC. , n.d.)
There is one thing that was almost lost in history, though. That was Crompton’s Cafeteria Riots; this event was until a single determined academic historian, Susan Stryker, brought it to a whole new light with her amazingly groundbreaking research. The Crompton’s Cafeteria Riots were over transgender inequality in 66. She brought visibility and activism to light. Late at night in August of 66, the police invaded a local hangout where trans people and gender nonconformists in San Francisco. This establishment was a 24-hour cafeteria; it was named Gene Compton’s Cafeteria. (prideandprgress.org, n.d.) This event is where the residents of the Tenderloin District of San Francisco hang out and spend time together. When the police showed up, they started harassing and arresting the patrons inside. This event is when the “screaming queens” started to fight back. They first started by throwing sugar shakers and coffee cups at them, but then the fight started to spill out into the street. When the fight started to spill out into the street, crowds started to gather. With the crowd gathering, they started to back up the patrons under attack. This event resulted in a two-day riot.
A famous drag performer from the Black Cat Café, Jose Julio Sarria, “the Widow Norton,” or the founder of Imperial Court, ran for San Francisco supervisor in 1961. He was the first “out” person who was a part of the LGBTQ+ community to run for public office in the United States. While this event was a city-wide election with 34 candidates, 6,000 votes shocked politicians. It was such a large, consolidated LGBTQ+ constituency. Even though Sarria lost, his campaign brought such visibility to the queer community while inspiring generations to come.
Then, in 1969, the Stonewall Riots took place in Greenwich Village, New York. This event is when the Vice squads of the police started forming. They were devoted to “cleaning up” undesirable parts of urban neighborhoods. These raids were also routinely happening at bars that the LGBTQ+ community spent time at.
There were laws against same-sex dancing and wearing clothes made for the opposite sex. This event was used as justification for arresting patrons. In New York City during the 1960s, the mafia owned many bars and other establishments that were frequented by the LGBTQ+ community. The mafia and its members would frequently bribe the officers to avoid fines.
Although this event meant they often had to warn their patrons to change clothing or to stop dancing with each other. That is, if they were forewarned in time. However, this event wasn’t what happened in the early morning hours of June 28, 1969. This event is when the NYPD raided the Stonewall Inn in Greenwich Village.
After arriving at the Stonewall Inn, the police locked the doors so no one could escape while they started arresting people. Even though some people were released, they joined the large crowd that had been starting to gather outside the Stonewall Inn bar. The people who were chosen to be arrested started to resist.
This event was when the violence had broken out, and the crowd overwhelmed the police. The NYC police were forced to call for reinforcements. The riot lasted into the next day when people from around the Village started to join in. This event marked a turning point for the LGBTQ+ community. This event was where the LGBTQ+ community demonstrated against social injustices while serving as an inspiration to those who would later run for and serve in office.
In the 1970s, the LGBTQ+ community faced discrimination, but it was not as severe as during the 1950s and 1960s. This period was often referred to as the "love is love" era. While it’s important to acknowledge that discrimination still existed, it was not as pervasive as it had been from 1950 to 1969.
During the 1970s, Congresswoman Betty Friedan referred to lesbian women as the "Lavender Menace," believing they could negatively impact the women's rights movement. However, lesbian rights were included in the National Organization for Women's (NOW) six key issues in 1971. By 1977, Friedan apologized for her earlier comments and actively supported a resolution against discrimination based on sexual preference. (prideandprogress.org, 2021)
Mind you, while Marsha P. Johnson was the first, in 1970, who was part of the “vanguard” during the Stonewall Riots in 1969. She was the first prominent figure of the gay and lesbian liberation movement. She and Sylvia Rivera created the Street Transvestite Action Revolutionaries (STAR) house in 1970 to advocate for and provide housing, food, and clothing to LGBTQ+ homeless youth. (prideandprogress.org, 2021)
Now, remember, there were also a few elected officials. In 1972, Madeline Davis was the first lesbian delegate elected to the Democratic National Convention. (prideandprogress.org, 2021) On June 24, 1973, members of the MCC gathered in the Upstairs Lounge, a bar they had converted into a church in New Orleans, to hold their weekly meetings. An unidentified arsonist set fire to the establishment, tragically killing 32 people and injuring many others. (Bill of Rights Institute, 2025) This was the largest tragedy until 2016 of Pulse Night Club. While the Pulse Nightclub shooters were identified, the arsonists of 1973 were never. On April 2, 1974, in a liberal district of Ann Arbor, Kozachenko defeated her opponent by 52 points, becoming the first out LGBTQ+ person ever elected to City Council in the United States. (prideandprogress.org, 2021)
Let’s skip to 1977! This is when Harvey Milk, the internationally renowned LGBTQ+ hero, was elected! He was known as “The Mayor of Castro Street”, but he was also a coalition builder. Milk was elected on November 8, 1977. Let us not forget 1979!! This is when Judge Lachs was appointed. A lawyer, activist, and co-founder of the nation’s first gay political action committee, Stephen Laches was appointed by California Governor Jerry Brown for an open position on the Los Angeles County Superior Court in 1979. (prideandprogress,org, 2021)
In the 1980s is when the AIDS crisis began. This is where, in 1981, many gay people started to die for some mysterious reason. They weren’t sure what it was, but it was first called GRID, which meant gay-related immune deficiency. Later, the medical community would refer to this unknown disease as AIDS, or what is now commonly known as the acquired immune deficiency syndrome. On September 24, 1982, the US Centers for Disease Control and Prevention, the CDC, would first use the term AIDS and offer the first definition of it.
In 1982, we saw the beginning of the AIDs epidemic. With the AIDs epidemic, we also started seeing more and more of the military pushing out the LGBTQ+ community in 1982. During this time, this was at the height of military discharges. The United States military was discharging anywhere between 1,500-2,000 people per year. (Clews, C. 2013) The United States Navy was found to have a disproportionately higher rate of discharges: the Navy constituted 27% of America’s armed forces but accounted for 51% of all discharges. (Clews, C. 2013)
In 1983, Gov. Cuomo signed landmark legislation protecting LGBTQ+ rights. On exactly November 18, 1983, Gov. Andrew M. Cuomo signed into law the Gender Expression Non-Discrimination Act and legislation banning the practice of conversion therapy, signifying a landmark victory for the LGBTQ+ community and fulfilling the Governor’s vow to sign this legislation within the first 100 days of the legislative session. (dhr.ny.gov, 2019) On December 30, 1983, Ohio Governor Richard F. Celeste issued a pretty big executive order. Executive Order 93-64 prohibited discrimination in state employment based on sexual orientation. Executive Order 96-64 states that the inalienable right of privacy for all Ohioans must be vigorously enforced; and, whereas government must not single out sexual minorities for harassment or recognize sexual orientation as a basis for discrimination. (State Library of Ohio, 1984)
In New Jersey, until 1984, there was no legal recognition of gender to change one's legal gender until November 19, 1984. It became legal in New Jersey to provide legal gender recognition with surgery. According to New Jersey Code, Title 26 - Health and Vital Statistics, Section 26:8-40. 12. The Sex reassignment surgery; amendment of birth certificate states that the State registrar shall issue an amended certificate of birth to a person born in this State who undergoes sex reassignment surgery and requests an amended certificate of birth that shows the sex and name of the person as changed. (Justia, 2025)
Let’s take a look at it later in the 1980s! On October 11, 1987, in Washington, D.C., the Second National March took place. This March was for lesbian and gay rights. Due to the large turnout of around 750,000 participants and its focus on AIDS activism, the March on Washington in March stood as an essential part of LGBTQ+ history. (The University of Iowa, 2025)
The War Conference of 1988 is up next. This is where all the LGBTQ+ leaders from all over the nation come together. In the early winter of 1988, approximately 200 recognized leaders of the national GLBT community met in Warrenton, Virginia, for a first-of-its-kind summit conference to discuss and establish the priorities of the national GLBT agenda. (The Dallas Way, 2023)
Here’s to finishing up the 1980s with 1989! On June 26, 1989, The Los Angeles Times reported that a crowd of more than 200,000 people cheered on the 19th annual Gay and Lesbian Pride parade on Sunday, June 25, 1989. The participants and people watching the parade paused for a moment to release balloons in memory of AIDS victims and to mark the 20th anniversary of the riot that spawned the homosexual rights movement. (Mann, E. J., June 26,1989)
In 1990, we still saw the AIDS epidemic. It has continued since they found out what gay men were dying from, but also what we started to see was the ramping up of the Gay and Lesbian rights movement. as we see more of the gay and lesbian rights movement come about, we also start to see the teenage population standing up for themselves and those around them.
With the teenagers, we began to see their own Gay and Lesbian Rights ramping up. This is when the National Day of Silence emerges. As the LGBTQ+ youth rights movement ramped up, we saw more activism emerging. This is where the movements started to see more centers for LGBTQ+ youth popping up.
In March 1993, an estimated one million people attended the largest political rally in our nation's history in Washington, D.C., in support of Gay, lesbian, and Bisexual equal rights. In December of the same year, President Clinton signed the Don’t Ask, Don’t Tell policy, allowing those who identify as LGBTQ+ to join the military. This policy took effect on February 28, 1994.
President Bill Clinton signed DOMA into law on September 21, 1996. (cornell.edu, n.d) Banning the federal recognition of same-sex marriage and defining marriage as a union between a man and a woman. DOMA prevented federal employees in same-sex relationships from receiving insurance benefits, social security survivors' benefits, immigration benefits, and from filing joint tax returns. This law also restricted adoption by same-sex couples. Later, we will see the DOMA repealed by a different sitting president. It was the first time this would happen. While laws and acts may be passed and repealed, this would represent a major accomplishment for the LGBTQ+ community.
On March 25, 1998, following the 1994 release of Trevor. A short film by Celeste Lecesne, Peggy Rajski, and Randy Stone. (imdb.com, inc, 1990-2005) This short film was about a young man attempting suicide because his friends did not accept him for his sexuality. The Trevor Project was founded. The Trevor Project is a 24-hour Confidential suicide prevention hotline for non-heterosexual youth provided by trained counselors. The first-of-its-kind project is still available for LGBTQ+ youth today.
On October 12, 1998, Matthew Shepard, a 21-year-old man, succumbed to the injuries he had sustained six days earlier.(matthew sphepard foundation, 2025) Shepard was beaten, tortured, and left for dead because he was gay. In December 1998, his parents, Denis and Jody Shepard, founded the Matthew Shepard Foundation for LGBTQ+ youth, hoping to help eliminate hate crimes across the United States.
But here comes the era of all eras, the 2000s. Not just the early 2000s, but also the later ones. Even though we entered a new century, we also entered a new millennium. These have seen some of the most pivotal times in recent history for the LGBTQ+ community. There was so much going on that we couldn’t see the heads or tails of things. These have been some of the most pivotal times lately for the LGBTQ+ community. Laws were changing, along with new developments in the country. The legalization of gay and lesbian constitutional rights, as well as the repeal of the sodomy laws, were also acts that were passed to protect the people from hate c rimes.
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Lawrence v. Texas (2003) is a landmark case in which the Supreme Court of the United States, in a 6-3 decision, invalidated sodomy law across the United States, making same-sex sexual activity legal in every State and United States territory. (Cornell Law School, n.d.) This followed the court case Lawrence v. Texas, which officially became the first case of its kind. During the arguments in court in March 2003, the discussion centered on gay male sex. Ultimately, the decision addressed the issue of consensual sex. As a result, Texas lost the Lawrence v. Texas case in June 2003.
From 2004-2007, we saw a slew of things happen. Let’s start with 2004. When Massachusetts was the first state in the United States to legalize gay and lesbian marriage, they were also the first state to find the prohibition of gay and lesbian marriage unconstitutional. This was because it denied dignity and equality to everyone who wanted to get married. From 2005-2007, New Hampshire, Connecticut, Iowa, and Washington, D.C., also followed.
Now, in 2007, the LOGO Channel, sponsored by HRC, hosted the first American presidential forum focused on LGBTQ+ issues. They invited each candidate, but only 6 Democrats came. This included Hillary Clinton, President Barack Obama, while all the republican candidates declined.
After President Barack Obama was elected in 2008, California voters approved Proposition 8. on November 4, 2008, Proposition 8 passed in California, amending the state constitution to ban same-sex marriage. (no8.org, November 20, 2009) After this bill passed in California, it gained national media attention across the United States. Proposition 8 inspired the NOH8 campaign. The NOH8 campaign was a photo project using celebrities to promote marriage equality for all.
In 2009, the Matthew Sheppard and James Byrd Jr. Hate Crimes Prevention Act was introduced. Congress passed and President Obama signed this act into law. Even though there was a federal hate crime law, it gave extra protection to the LGBTQ+. Let’s take a step back in time for a moment to 1969, when the U.S. Federal Hate Crimes Law was passed. This law included motivation by a victim’s actual or perceived gender, sexual orientation, gender identity, or even a disability. The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18 U.S.C. § 249, was enacted as Division E of the National Defense Authorization Act for Fiscal Year 2010. (U.S. Department of Justice, May, 30, 2023)
Now, there was quite a bit that happened in 2010, so let’s get into it. A federal judge in San Francisco decided that gay and lesbian individuals have the constitutional right to marry, and that Proposition 8 is unconstitutional. This is also where the lawyers started to challenge things. On December 18, 2010, the Don’t Ask, Don’t Tell policy was repealed in the Senate by 65-31. President Barack Obama signed it a few days later. (National Archives Foundation, 2025)
YouTube releases its first video for the It Gets Better campaign, which was directed for LGBTQ+ youth, to prevent and raise suicide awareness. 39% of LGBTQ+ young people seriously considered attempting suicide in the past year, including 46% of transgender and nonbinary young people.(The Trevor Project, 2024) While all this is going on, Florida’s 3rd district Court of Appeals is striking down the ban on adoptions by gay and lesbian families.
Now let’s get into 2012. President Obama was elected for another four years. So, let’s see what he had in store for us. President Obama publicly announced his support for same-sex marriage. On November 10, 2012, it was reported, “Yesterday, during an interview with ABC News, President Obama said, ‘I think same-sex couples should be able to get married.’” (obamawhitehouse.archives.org, 2012) With the legalization of same-sex marriage, we see more states joining the ones that have made it legal in their state. Maine, Maryland, and Washington followed suit. With President Obama in office, he declared June Pride Month for the LGBTQ+ community, which was to highlight the advancements in their rights.
Tammy Baldwin was the first openly lesbian to be elected to the U.S. Senate. Military chaplains were allowed to perform same sex marriages after the bill had passed. On February 23, 2011, President Obama instructed the Justice Department to no longer defend the constitutionality of the Defense of Marriage Act of DOMA, the legal prohibition on federal recognition of same sex marriages. (CBS Interactive Inc. 2025) It was voted on by the U.S. 2nd circuit of Appeals and deemed unconstitutional.
In Minnesota, the voters rejected a constitutional amendment that would have banned same sex marriages, while in North Carolina, the voters there approved the constitutional amendment banning same sex marriages. While in New Jersey, Governor Christie vetoed a bill that would have legalized same sex marriage in that state. The UN Secretary General, Ban Ki-moon, called an end to violence and discrimination against LGBTQ+ people.
On June 26, 2013, the US Supreme Court ruled on section three of the so-called DOMA is unconstitutional and that the federal government cannot discriminate against married lesbian and gay couples for purposes of determining federal benefits and protections. Finally (American Civil liberties union, 2025) Finally, the same-sex couple was treated as married couples for tax purposes. While the Supreme Court’s decision marked a turning point for LGBTQ+ rights, it primarily focused on marriage equality in 2015. Even with the Supreme Court's ruling, we still face and navigate ongoing legal battles as well as social changes. They help create a more inclusive and equal society for LGBTQ+.
In 2014, more states legalized same-sex marriage, including Wisconsin and Pennsylvania. With the Supreme Court’s denial of review of the cases, this allowed rulings to stand to make way for more legalization of same sex marriages in other states. With the Obama administration in office, we see his administration signing executive orders preventing federal contractors from discriminating against employees based on sexual orientation, among other issues. The administration also issues guidance protecting transgender students in schools. Some states were allowing same sex couples who were granted rights to adopt were building upon existing practices of the second parent and joint adoptions. While there was public support in the polls that showed an increase in rights for the LGBTQ+, which included same sex marriages, it made an attitude shift in religious groups.
While there were landmark bills and acts, and laws being changed, let’s take a moment and talk about what the Supreme Court did in 2015. In June 2015, the Supreme Court’s landmark decision in Obergefell v. Hodges legalized same-sex marriages in all 50 states. Remember, this is also Pride month, and same sex marriage is legal. They granted same-sex couples the right to marry and be recognized in the same terms as heterosexual couples. While we should take pride in what the Supreme Court did, we also must remember what each state did. In the same month, Connecticut allowed legal gender change without surgery. This requirement, without surgery, needed to be supported by medical documentation by October 2015, when the law took effect.
In July, the Pentagon announced that transgender personnel would be allowed to serve openly, although this policy wouldn’t take effect until the following year, 2016. Also in July, the Boy Scouts President Robert Gates announced that the national executive board ratified a resolution removing the restriction on openly gay leaders and employees. With all this going on, no one noticed a DOJ brief. The DOJ brief was about an employment discrimination case involving Saks Fifth Avenue. Saks Fifth Avenue didn’t have protection against sexual discrimination based on gender identity, as included in Title VII.
2016 was a big year! It was the final year of Obama's office; he couldn’t run again because it was his second term, and it was a big election year with several major candidates running. The Supreme Court voted to legalize same-sex marriage across the 50 states last year, so let’s see what the government has in store for us this year. Some states would pass laws that would restrict LGBTQ+ rights, while these rights would be related to the restrooms. There would be fights across the religious groups, citing that using the restroom with a transgender person would lead to legal challenges. While there would be restroom challenges in some states, other states passed and strengthened laws prohibiting conversion therapy.
The Department of Education and Justice issued a directive that would require transgender students to use restrooms and locker rooms that align with their gender identity. This would clarify that Title IX would protect against discrimination based on gender identity. Advocates, like the HRC, must continue to fight for broader and non-discriminatory protections at the federal and state levels. This was particularly evident in areas such as housing, employment, and public accommodations. One of the leading players on the campaign trail was Donald J. Trump. The Trump administration on Wednesday night withdrew Obama-era protections for transgender students in public schools that let them use bathrooms and facilities corresponding with their gender identity. (De Vogue, Mallonee, Grinberg, 2017) He rose concerns about the future of policy changes.
In 2017, there was still more to come. Donald Trump won the election. The Trump administration began to take steps to undo the LGBTQ+ protections that were set in place by the Obama administration. One of the things that they did was repeal the non-discrimination regulations for federal contractors. They also took steps to limit rights for transgender individuals by restricting military service. Trump’s DOJ and EEOC revoked the protection for gender identity in employment discrimination, while laws protect against discrimination based on sexual orientation. LGBTQ+ discrimination becomes based on sexual orientation only. When the DoJ and EEOC revoked protections for employment discrimination, many states started to introduce anti-LGBTQ+ legislation, with many of these legislations becoming law. Even though there were legal advancements for the LGBTQ+, they were continuing to face discrimination in the areas of employment, housing, and access to gain accessible services. Another thing the trump administration did was take back the federal protections for transgender students. The Trump administration on Wednesday night withdrew Obama-era protections for transgender students in public schools that let them use bathrooms and facilities corresponding with their gender identity. (De Vogue, Mallonee, Grinberg, 2017)
There was a lot of progress, key developments, and setbacks in 2018. One of the major progressive acts was New Jersey finally legalizing same-sex marriage. The equal age of consent became legal. The right to change gender became legal with no restrictions. In April, the high court ruled that the ban on same-sex sexual activity was unconstitutional and was overturned. Finally, the Inter-American Courts of Human Rights have started to highlight the importance of state recognition of gender identity and the right to simple and efficient procedures for changing names and gender markers in official documents.
The key developments that happened were some of the main ones in the 2000s. The Supreme Court's ruling that the Civil Rights Act of 1964 must be read to protect transgender and LGBTQ+ employees from discrimination in employment. There were more pro-LGBTQ+ laws than there were anti-LGBTQ+ laws. While these were bills being passed to protect the rights of the LGBTQ+, this would limit them as well. There was more public support for non-discrimination provisions for the LGBTQ+, while there was less support, with anti-LGBTQ, with around 70% of the public supporting the non-LGBTQ+. There was still some more support for same-sex marriage by 79% among young Americans.
Now let’s talk about some of the obstacles that took place in 2018. The anti-LGBTQ+ rhetoric from public groups and figures was still a challenge. There was a state that passed laws that could have been seen as a major threat to the equality of the LGBTQ+ community. Some of the exemptions were related to religion. The Supreme Court case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, addressed the intersection between religious and anti-discrimination laws. This sparked a debate on whether a business could refuse services to an LGBTQ+ individual based on the owners’ religious beliefs. The Supreme Court ruled in favor of the baker, but not based on allowing discrimination, but rather towards the Colorado Civil Rights Commission that had acted with hate and fought for religious rights. This wasn’t saying that the baker didn’t have the right to practice his religion, because they did. Even though there were many legal advancements, there were still many challenges based on sexual orientation and gender identity. There was still some discrimination in some areas, these areas were housing, public accommodations, and transportation.
Let’s step back in time for a few moments to 1964, when the Supreme Court found a way to protect gay, lesbian, and transgender individuals from discrimination based on sex, and then see what happened in 2019. The U.S. House of Representatives passed the Equality Act, which was intended to provide anti-discrimination protections for LGBTQ+ individuals in areas such as employment, housing, and public accommodations. However, it stalled in the Senate. Even though the Equality Act didn’t pass, some states made more progress for LGBTQ+ rights. This enabled them to ban conversion therapy on minors and allowed a 3rd gender option on official documents. While there were still many challenges, many LGBTQ+ individuals would continue to face harassment, violence, and discrimination in states where there weren’t stronger anti-discrimination laws. The court of public appeals would continue to give LGBTQ+ opinions on rights that would have shifted for the better. This would continue to increase support for nondiscrimination on same-sex marriages. COVID-19 came about.
Let's get into the last four years of the 2000s era. 2020-2024 and the end of the Trump Administration and the beginning of the Biden Administration. We start where the Supreme Court ruled in favor of Bostock v Clayton County, with the ruling that Title VII of the Civil Rights Act of 1964, which prevents discrimination in employment because of sex, gender, identity, or sexual orientation, for Bostock. Yes, even though this was a major decision that had a significant impact on the employment of LGBTQ+ individuals.
Now the Equality Act, aimed to provide nondiscrimination protections for the LGBTQ+, would pass in the House again, but of course not in the Senate. There were just as many challenges as there were advancements. So, let’s get to them.
Even though there are many anti-discrimination laws in place, many LGBTQ+ individuals are still being treated like trash in significant areas. For example, some areas that they would have trouble with are public spaces, healthcare, and housing. This was especially true after the Bostock ruling and at the beginning of the COVID-19 pandemic. We saw how the LGBTQ+ individuals would be disproportionately hit by the pandemic because of the inequalities in the healthcare field. This is when some states would pass laws or have laws that would target transgender people while including healthcare, gender-affirming care, and access to sports that they were able to play. This would be the end of Donald Trump's first term, so here comes another big election year!
In 2021, there was more progress yet to come along with multiple setbacks, and what would begin a challenging term for President Joe Biden. So, let’s begin with his first year in office. President Biden issued an executive order to recognize the existing federal ban on discrimination protecting LGBTQ+ individuals. U.S. District Judge Ana Reyes of Washington, D.C., ruled that the ban violates the equal protection clause because it discriminates based on transgender status and sex. (Yurcaba, Atkins, 2025) While President Biden was ensuring this was going on, he was also doing so with his administration and started announcing that the DoS would update gender markers on passports without requiring medical documentation. According to the HRC, President Biden issued several executive orders related to LGBTQ+ rights. These would include orders to protect rights towards sexual presentation and gender identity discrimination. The setbacks of 2021 were few and far between. 17 bills were passed into law in states that would enact more than in the prior three years in a collective effort towards anti-LGBTQ+ discrimination. While 17 bills were passed into law, multiple states brought up and passed targeting laws that allowed, for religious reasons, targeting trans people, while local law enforcement did nothing. 35 anti-trans youth laws were introduced and passed. These laws prevented transgender youth from getting and receiving gender-affirming care.
In 2022, there was such a push for LGBTQ+ rights. On December 12, 2022, President Joe Biden signed into law a bipartisan bill that codifies same-sex and interracial marriages with a large celebration on the South Lawn of the White House. (Montanaro, 2022) This required all US states and territories to recognize same sex marriages performed in other areas. While state legislatures saw more than a record number of anti-LGBTQ+ bills introduced, this was mainly focused on restrictions for trans youth. This was included with sports, gender affirming care, bathrooms, and locker rooms. Most of these bills that were passed focused on discrimination against trans and non-binary people. This led to the concern about the rights and well-being of the person. While the U.S. Court of Appeals would still support same sex marriages, the polls indicated that there was a decline in the protection for the LGBTQ+.
In 2023, there was a record number of legislative bills that were introduced and passed targeting transgender individuals and youth. Most of these bills were passed to impact the area of gender-affirming care for minors. For kids who participated in school sports, classrooms teaching LGBTQ+ issues, and the use of gender-neutral care facilities in public and school spaces. This law would restrict drag performances in front of minors, define sex at birth, and impose barriers for trans individuals changing sex on their birth certificates. North Dakota and Tennessee share the lead in the most anti-LGBTQ+ bills passed, while other states saw a range of legislative actions.
While there was still support for the LGBTQ+ policies, protection from discrimination in public accommodations, employment, and housing, it was still at an overall high. There was a slight decline from the previous years, with some groups supporting certain protections. Even though there were still challenges, there were still advocacy groups, such as the ACLU (American Civil Liberties Union) and HRC (Human Rights Campaign). The ACLU continued to work to protect rights and fight discrimination against the LGBTQ+ community. While there were over 75 bills that passed and became law against the LGBTQ+, they restricted rights and affected everyday life in various ways. These ways would always include limiting healthcare access, education, and freedom of expression.
Let’s look at President Biden’s final year in office. The ACLU and other organizations tracked down the number of anti-LGBTQ+ bills being introduced into the state legislatures. While most Americans still supported the LGBTQ+, there was slightly diminishing support for certain policies. Like always, discrimination against gender identity and sexual orientation remains and will remain a main concern. The HRC follows each state for a list of LGBTQ+ rights. Advocates worked and continue to work on implementing existing laws while addressing the needs of the vulnerable LGBTQ+ populations and advancing new legislation. In the final year of President Biden's term, each candidate took a different stance on LGBTQ+ rights. Some advocated for a brighter protection while others opposed it.
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