ADVERTISEMENT
A building with rainbow lights to support gay rights.

Gay Rights and Laws in the US

There’s no doubt that gay rights have progressed tremendously in the last 50 years. However, most agree that there is still a long way to go before true equality can be achieved. Here is a look at the current state of gay rights in the United States—including laws regarding same-sex marriage and nondiscrimination policies.

The Current State of Same-Sex Marriage in the United States

On June 26, 2015, the Supreme Court, in a 5-4 ruling, issued a decision in Obergefell v. Hodges that overturned the Sixth Circuit Court of Appeals' previous decision to uphold state bans on same-sex marriage. This decision effectively allows for same-sex marriage across the entire U.S. and requires all states to recognize same-sex marriages under the 14th Amendment.

Other Gay Rights Laws in the United States

While gay marriage has dominated the political discussion of homosexuality in the United States, it’s not the only legal issue that has arisen.

Several states and individual cities have attempted to enact nondiscrimination policies for housing and employment as well. However, their success has been mixed at best.

California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Utah, Vermont, and Washington all have laws that protect citizens' based on their sexual orientation and gender identity. That's 19 if you weren't keeping count; less than half of the states. New Hampshire, New York, and Wisconsin only have protections for sexual orientation, but not gender identity. Not all of these laws are consistent from state to state either. Some don't apply to public accommodations, and some allow for religious exemptions. 

Some cities within states that do not have nondiscrimination laws have passed ordinances, but they are not always well received by citizens. For example, in 2014 the city council of Fayetteville, Arkansas, passed a nondiscrimination ordinance that was later repealed by a popular vote. Similarly, Houston, Texas, currently has an ordinance like the one created in Fayetteville, but opponents have vowed to collect enough petition signatures to trigger a referendum vote on the matter.

Last Updated: July 08, 2015