What Are My Rights as an LGBTQ+ Individual?

Legal protections have greatly expanded for the LGBTQ+ community in recent years. In fact, many civil rights protections have only been secured in the past couple of decades thanks to continued advocacy and civil rights litigation.

For example, until a 2003 U.S. Supreme Court decision, many states criminalized sex between same-sex couples. Until a 2015 ruling, same-sex couples could not marry in all states. And until a 2020 ruling, employers could discriminate against employees on the basis of sexual orientation or gender identity.

Despite these advances, much work remains to be done to secure LGBTQ+ equal rights and prevent the rollback of these rights. State and federal civil rights laws regarding the LGBTQ+ community continue to change and be challenged. To understand your legal rights and protections, contact a local civil rights attorney.

Understanding LGBTQ+ Rights and Protections

Civil rights laws protect people in protected classes against unlawful discrimination. This includes discrimination in employment, education, healthcare, housing, and other public accommodations.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex. In the landmark case Bostock v. Clayton County (2020), the U.S. Supreme Court ruled that sex discrimination in employment includes discrimination based on sexual orientation and gender identity.

Applying Bostock, federal courts and agencies have ruled that laws prohibiting sex discrimination in education, healthcare, and housing include sexual orientation and gender identity. However, there are no federal laws explicitly establishing sexual orientation and gender identity as protected classes. This leaves these protections open to future judicial interpretation, political changes, and rollback.

Lawmakers have introduced legislation called the Equality Act that would address this gap by establishing federal protections for the LGBTQ+ community in many areas of life. So far, however, Congress has not enacted this legislation. As a result, most explicit protections fall under local and state laws.

Landmark Supreme Court Decisions Impacting LGBTQ+ People

There are several landmark U.S. Supreme Court decisions extending U.S. civil rights law to the LGBTQ+ community. The following are some of the most important federal court rulings:

• Lawrence v. Texas (2003). The U.S. Supreme Court recognized the right of same-sex couples to engage in private sexual activity. Individuals have a right to privacy in what they do in their personal relationships. This law struck down criminal sodomy laws in many states.
• Obergefell v. Hodges (2015). The U.S. Supreme Court recognized the fundamental right to same-sex marriage. The Court ruled that the Fourteenth Amendment’s Due Process and Equal Protection Clauses give same-sex couples the same right to marriage as opposite-sex couples.
• Bostock v. Clayton County (2020). The U.S. Supreme Court extended employment discrimination laws based on sex to include sexual orientation and gender identity. Employers discriminating against gay men and women or transgender workers violate Title VII of the Civil Rights Act of 1964.

Evolution and Contestation of LGBTQ+ Rights in the US

LGBTQ+ rights are always evolving. For example, during President Joe Biden’s administration, the U.S. Department of Education (DOE) finalized rules extending Title IX protections to LGBTQ+ students and teachers. But on January 9, 2025, a federal district court struck down these Biden-era rules in State of Tennessee v. Cardona.

Then, shortly after the start of President Donald Trump’s second term, the DOE clarified it would revert to Title IX regulations established during the first Trump administration, which do not extend protections to sexual orientation or gender identity. President Trump also signed an executive order on the first day of his second term directing federal agencies to define “sex” as biological sex assigned at birth and to only recognize two sexes, male and female.

Legal challenges are ongoing. To navigate the current state of civil rights laws in the U.S., talk to a civil rights attorney.

Steps To Take If You Experience Discrimination

You can take action to protect your civil rights if you experience discrimination based on your protected status.

If you experience employment discrimination, you can file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). You can also file an employment discrimination claim with your state fair employment agency.

If your state prohibits housing discrimination against LGBTQ+ individuals, you can file a discrimination claim with your state fair housing agency. For discrimination in public accommodations, contact your state civil rights agency.

If you are a victim of a hate crime, report the crime to law enforcement. Hate crimes include an underlying criminal offense motivated by discrimination. If your state does not recognize your protected status, you can still report the crime.

Seeking Legal Assistance and Advocacy Support

A civil rights attorney can take legal action to protect your legal rights. You can file a civil rights claim against your employer, landlord, or business for unlawful discrimination. Your legal remedies in a civil action lawsuit can include:

• Monetary compensation
• Punitive damages
• Injunctive relief to force the defendant to take certain actions
• Payment for your legal fees and court costs

It is important to act against discrimination to protect your rights and the rights of other LGBTQ+ people. Contact a local civil rights lawyer for legal advice.