The US is the only major Western democracy without comprehensive federal LGBTQ+ non-discrimination protections. In 29 states, you can still be denied housing, public accommodations, or credit because of who you are or who you love.
We're a policy platform with 50 researched positions on every major issue. This page breaks down our LGBTQ+ rights plan — but there's much more to explore.
The United States has no comprehensive federal law prohibiting discrimination based on sexual orientation or gender identity. In 2024, LGBTQ+ Americans' legal protections depend on which state they live in — a patchwork that leaves the majority of the country without full coverage.
The Supreme Court's landmark 2020 decision in Bostock v. Clayton County was a critical step: the Court held that Title VII's prohibition on sex discrimination in employment also covers sexual orientation and gender identity. But Bostock applies only to employment. There is no equivalent federal protection in housing, public accommodations, credit, education, or federal programs. A same-sex couple can be legally fired in no state — but legally denied an apartment, a wedding cake, or a bank loan in dozens of them.
The Equality Act would close these gaps by amending the Civil Rights Act of 1964 to explicitly include sexual orientation and gender identity as protected characteristics across all areas of civil rights law. The bill has passed the House of Representatives multiple times. It has majority support in national polling. But it has been blocked in the Senate by the filibuster each time — meaning that a minority of senators have prevented a law that most Americans support from reaching a vote.
The result is a two-tiered system of citizenship. 21 states and Washington, D.C. have comprehensive non-discrimination protections covering sexual orientation and gender identity. The remaining 29 states have partial protections or none at all. Whether you have equal rights as an LGBTQ+ American depends on your zip code — a situation that exists for no other protected class under federal law.
For a comparison of how other countries handle LGBTQ+ non-discrimination, see the Compare Parties page and the full LGBTQ+ rights issue page.
In the absence of comprehensive federal protections, state legislatures have become the primary battleground for LGBTQ+ rights — and the volume of anti-LGBTQ+ legislation has reached historic levels. Over 300 anti-LGBTQ+ bills were introduced in state legislatures in 2023-2024 alone.
The bills follow a coordinated pattern across multiple states, targeting several areas simultaneously. Transgender youth healthcare bans have been enacted in over 20 states, prohibiting doctors from providing evidence-based, age-appropriate care that every major medical organization supports. These laws override the clinical judgment of physicians, the recommendations of medical associations, and the wishes of families who have worked closely with healthcare providers to determine the best course of treatment for their children.
"Don't Say Gay" laws restrict or prohibit any discussion of sexual orientation or gender identity in public schools, erasing LGBTQ+ people from the curriculum and sending a clear message to LGBTQ+ students that their identities are shameful. Book bans targeting LGBTQ+ content have surged, with hundreds of titles removed from school libraries across the country.
Sports bans prohibit transgender students from participating in school athletics consistent with their gender identity — often targeting a population so small that many states passing these bills cannot identify a single transgender student athlete in their state. Bathroom bills restrict which facilities transgender people can use. Drag performance restrictions classify drag shows as "adult entertainment" regardless of content, restricting a form of expression protected by the First Amendment.
These bills are not organic responses to local concerns. They are coordinated through national organizations that draft model legislation and distribute it to sympathetic lawmakers across the country. The Common Good plan addresses this by establishing federal non-discrimination protections that cannot be overridden by state legislatures. For tracking current legislation, see the full LGBTQ+ rights issue page and the voting rights and democracy page.
The Common Good plan is built on a simple principle: equal citizens deserve equal protection under law. Every provision is designed to ensure that LGBTQ+ Americans have the same legal protections as every other American — not special rights, but equal rights.
The plan addresses seven specific gaps in current law:
For the complete plan with legislative detail and sourcing, see the full LGBTQ+ rights issue page.
The United States legalized same-sex marriage in 2015 — but on nearly every other measure of LGBTQ+ legal protection, it lags behind its peer democracies. The gap is not close.
| Country | Marriage Equality | Non-Discrimination Law | Conversion Therapy Ban | Trans Healthcare | Adoption Rights | Military Service |
|---|---|---|---|---|---|---|
| United States | Yes (2015) | Employment only | No federal ban | Under attack in 20+ states | Varies by state | Yes (by exec. order) |
| Canada | Yes (2005) | Comprehensive | Nationwide ban | Protected | Full equality | Yes (since 1992) |
| United Kingdom | Yes (2014) | Comprehensive | Ban in progress | Protected (NHS) | Full equality | Yes (since 2000) |
| Germany | Yes (2017) | Comprehensive | Banned for minors | Protected | Full equality | Yes (since 2000) |
| Australia | Yes (2017) | Comprehensive | Banned in most states | Protected | Full equality | Yes (since 1992) |
| South Africa | Yes (2006) | Constitutional | No ban | Constitutional protection | Full equality | Yes |
Canada has had comprehensive federal non-discrimination protections since 1996 and banned conversion therapy nationwide in 2022. South Africa — a country Americans rarely compare themselves to on civil rights — enshrined LGBTQ+ protections in its constitution in 1996 and legalized same-sex marriage in 2006 — two years after Massachusetts became the first US state to legalize same-sex marriage in 2004. The United States is not leading on LGBTQ+ rights. It is playing catch-up with countries that resolved these questions years or decades ago.
Sources: ILGA World, Human Rights Campaign, Equaldex. See the full issue page for detailed sourcing.
The Trevor Project's National Survey on LGBTQ Youth Mental Health — the largest survey of its kind — reveals a crisis that demands policy action. The data is unambiguous: LGBTQ+ youth face disproportionate rates of mental health challenges, and supportive environments dramatically reduce risk.
45% of LGBTQ+ youth seriously considered attempting suicide in the past year. Among transgender and nonbinary youth, the rate is even higher. These numbers are not inherent to being LGBTQ+ — they are driven by discrimination, family rejection, bullying, and the hostile legal and social environments that many LGBTQ+ young people navigate daily.
The data also reveals what works. Supportive environments reduce risk by 40%. LGBTQ+ youth who report having at least one accepting adult in their lives are 40% less likely to attempt suicide. Those who attend schools with anti-bullying policies that specifically include LGBTQ+ students report significantly lower rates of harassment, better academic outcomes, and improved mental health. School policies are not symbolic gestures — they are interventions that measurably save lives.
Family acceptance is the single strongest protective factor. LGBTQ+ youth who report high levels of family acceptance have dramatically lower rates of depression, substance abuse, and suicidality compared to those who experience family rejection. Conversely, family rejection is the single strongest risk factor. This is why conversion therapy — which pressures families to reject their children's identities — is not just ineffective but actively dangerous.
Policy choices have direct consequences for LGBTQ+ youth. Laws that ban discussion of LGBTQ+ identities in schools, restrict access to healthcare, and signal that LGBTQ+ people are second- class citizens contribute to the hostile environments that drive these mental health outcomes. Conversely, inclusive policies — anti-bullying protections, access to affirming healthcare, non-discrimination laws — create the supportive conditions that the data shows save lives. For the full research and sourcing, see the LGBTQ+ rights issue page and the healthcare page.
Opposition to LGBTQ+ equality relies on a set of arguments that are contradicted by evidence, medical consensus, and the experience of every country that has extended full protections. Here are the four most persistent myths.
Myth: "Being LGBTQ+ is a lifestyle choice."
Reality: Every major medical and psychological organization — including the American Medical Association, the American Psychological Association, and the World Health Organization — recognizes that sexual orientation and gender identity are not choices. They are innate characteristics that emerge early in development. Decades of research across genetics, neuroscience, and psychology confirm this. The "choice" framing is used to justify discrimination by implying that LGBTQ+ people could simply choose to be different. They cannot — just as heterosexual people cannot choose to be gay. The only "choice" involved is whether society treats all its citizens equally.
Myth: "Religious freedom requires the right to discriminate."
Reality: Religious freedom is a foundational American right. But it has never been understood to include the right to discriminate against others in the public marketplace. Religious business owners cannot refuse to serve Black customers, Jewish customers, or divorced customers — even if their sincerely held religious beliefs object to interracial marriage, Judaism, or divorce. The same principle applies to LGBTQ+ customers. Religious institutions retain broad exemptions to hire and operate according to their beliefs. But a business that opens its doors to the public must serve the public — all of it. This is not a new principle. It is the foundation of the Civil Rights Act of 1964.
Myth: "Protecting trans kids means pushing them to transition."
Reality: Gender- affirming care for minors is a careful, individualized process guided by medical professionals, mental health specialists, and families working together over extended periods. For younger children, it typically involves social affirmation only — using preferred names and pronouns. For adolescents, the first medical intervention is usually puberty blockers, which are fully reversible and have been used safely for decades to treat precocious puberty. No reputable medical provider performs irreversible surgeries on young children. The narrative that children are being rushed into irreversible procedures contradicts the actual clinical guidelines followed by every major medical organization. See the healthcare page for the full medical consensus.
Myth: "Marriage equality settled everything."
Reality: Marriage equality was a historic milestone — but it addressed only one dimension of legal equality. LGBTQ+ Americans can marry in every state but can still be legally denied housing in many of them. They can be turned away from businesses, denied credit, and subjected to discrimination in education and healthcare — all without federal legal recourse outside of employment. Transgender Americans face an additional layer of vulnerability, with over 20 states passing laws that restrict their access to healthcare, their participation in public life, and their basic dignity. Marriage equality was the beginning, not the end. Comprehensive non-discrimination protections — the kind every other Western democracy has enacted — remain unfinished business. For the full plan, see the LGBTQ+ rights issue page.
Click any question to expand the answer.
Have a question not answered here? Read the full LGBTQ+ rights issue page or visit our site-wide FAQ.
Check back soon for policy analysis of LGBTQ+ rights news.
29 states lack full LGBTQ+ protections. Over 300 anti-LGBTQ+ bills were introduced in 2023-2024. Every other major Western democracy has solved this. Read the full plan and see how we catch up.