LGBT rights in the United States

Medical facilities

On April 14, 2010, President Barack Obama issued an Executive Order to the Department of Health and Human Services to draft new rules for all hospitals accepting Medicare or Medicaid funds. They would require facilities to grant visitation and medical decision-making rights to gay and lesbian partners, as well as designees of others such as widows and widowers.^[12] Such rights are not protected by law in many states. Obama said he was inspired by the case of a Florida family, where one of the mothers died while her partner and four children were denied visitation by the hospital.^[12]

Housing

States that prohibit housing discrimination based on sexual orientation or gender identity. HUD regulations require all housing providers that receive HUD funding not to discriminate against an individual's sexual orientation or gender identity.

  Prohibits housing discrimination based on sexual orientation and gender identity

  Prohibits housing discrimination based on sexual orientation only

  Does not factor sexual orientation or gender identity/unclear

The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development. FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice. Housing discrimination refers to discrimination against potential or current tenants by landlords. In the United States, there is no federal law against such discrimination on the basis of sexual orientation or gender identity, but at least twenty-two states and many major cities have enacted laws prohibiting it.^[13] See, for example, Washington House Bill 2661.

In 2012, The United States Department of Housing and Urban Development's Office of Fair Housing and Equal Opportunity issued a regulation to prohibit LGBT discrimination in federally-assisted housing programs. The new regulations ensure that the Department's core housing programs are open to all eligible persons, regardless of sexual orientation or gender identity. The Office of Fair Housing and Equal Opportunity is responsible for enforcing a variety of fair housing laws, which prohibit discrimination in both privately owned and publicly assisted housing including:

• The Fair Housing Act
• Title VI of the Civil Rights Act of 1964
• Section 504 of the Rehabilitation Act of 1973
• Section 109 of Title 1 of the Housing and Community Development Act of 1974
• Title II of the Americans with Disabilities Act of 1990
• Architectural Barriers Act of 1968
• Age Discrimination Act of 1975
• Title IX of the Education Amendments Act of 1972

Employment

Map of states that have sexual orientation and gender identity discrimination prohibited in public and/or private employment via statute, executive order, regulation, and/or case law:

  Sexual orientation and gender identity discrimination prohibited in public and private employment

  Sexual orientation discrimination prohibited in public and private employment; gender identity discrimination prohibited in public employment only

  Gender identity discrimination prohibited in public and private employment; sexual orientation discrimination prohibited in public employment only

  Sexual orientation discrimination prohibited in public and private employment

  Gender identity discrimination prohibited in public and private employment

  Sexual orientation and gender identity discrimination prohibited in public employment only

  Sexual orientation discrimination prohibited in public employment only

  No state-level protections based on sexual orientation and/or gender identity

There is no federal statute addressing employment discrimination based on sexual orientation or gender identity. Protections at the national level are limited. Some regulations protect government employees but do not extend their protections to the private sector. Twenty-two states, the District of Columbia, Puerto Rico, and over 140 cities and counties have enacted bans on discrimination based on sexual orientation and/or sexual identity. Employment discrimination refers to discriminatory employment practices such as bias in hiring, promotion, job assignment, termination, and compensation, and various types of harassment.^[14] In the United States there is "very little statutory, common law, and case law establishing employment discrimination based upon sexual orientation as a legal wrong."^[15]

Presidents have established certain protections for some employees of the federal government by executive order. In 1995, President Bill Clinton's Executive Order 12968 establishing criteria for the issuance of security clearances included sexual orientation for the first time in its non-discrimination language: "The United States Government does not discriminate on the basis of race, color, religion, sex, national origin, disability, or sexual orientation in granting access to classified information." It also said that "no inference" about suitability for access to classified information "may be raised solely on the basis of the sexual orientation of the employee."^[16] Clinton's Executive Order 13087 in 1998 prohibited discrimination based on sexual orientation in the competitive service of the federal civilian workforce. It applied to the large majority of federal employees, but not to the excepted services such as the military.^[17]

At the start of 2010, the Obama administration included gender identity among the classes protected against discrimination under the authority of the Equal Employment Opportunity Commission (EEOC). In 2012 the Equal Employment Opportunity Commission ruled that Title VII of the Civil Rights Act of 1964 does not allow gender identity-based employment discrimination because it is a form of sex discrimination.^[4] In 2015, the Equal Employment Opportunity Commission concluded that Title VII of the Civil Rights Act of 1964 does not allow sexual orientation discrimination in employment because it is a form of sex discrimination.^[5][6]

On July 21, 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "sexual orientation" and gender identity" to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub-contractors.^[18][19]

Hate crime laws

Hate crime laws (also known as bias crimes laws) protect against crimes motivated by feelings of enmity against a protected class. Until 2009, a 1969 federal law defined hate crimes committed on the basis of a person's race, color, religion, or nation origin when engaging in a federally protected activity. In October 2009, Congress passed the Matthew Shepard Act, which expanded the definition of hate crimes to include gender, sexual orientation, gender-identity, and disability.^[20] It removed the requirement that the victim of a hate crime be engaged in a federally protected activity.^[21] President Obama signed the legislation on October 28, 2009.^[22]

Two statutes, the Hate Crime Statistics Act (1990) and the Campus Hate Crimes Right to Know Act (1997), require the Department of Justice and the Federal Bureau of Investigation, as well as college/university campus security authorities, to collect and publish hate crime statistics.

Current U.S. LGBT hate crimes laws by state. A national hate crimes law encompasses both sexual orientation and gender identity.

  Sexual orientation and gender identity recognized in state hate crimes law

  Sexual orientation recognized in state hate crimes law

  Sexual orientation recognized for data collection about hate crimes

  State hate crimes law uninclusive of sexual orientation or gender identity

Forty-five states, the District of Columbia, and Puerto Rico have statutes criminalizing various types of bias-motivated violence or intimidation (the exceptions are AR, GA, IN, SC, and WY). Each of these statutes covers bias on the basis of race, religion, and ethnicity; 32 cover disability; 32 of them cover sexual orientation; 28 cover gender; 13 cover age; 18 cover gender identity; 5 cover political affiliation.^[23] 31 states and the District of Columbia have statutes creating a civil cause of action, in addition to the criminal penalty, for similar acts.^[23] 27 states and the District of Columbia have statutes requiring the state to collect hate crime statistics; 16 of these cover sexual orientation.^[23]

In Wisconsin v. Mitchell (1993) the Supreme Court unanimously held that state penalty-enhancement laws for hate crimes were constitutional and did not violate First Amendment rights to freedom of thought and expression.

Support

The main supporters of LGBT rights in the U.S. have generally been political liberals and libertarians. Regionally, support for the LGBT rights movement has been strongest in the areas of the North and the West coast, and in other states with large urban populations. The national Democratic Party has held the official platform support most initiatives since 2012 for LGBT rights. However, there are some Republican groups advocating for LGBT issues inside the party include the Log Cabin Republicans, GOProud, Young Conservatives for the Freedom To Marry, and College Republicans of the University of Pennsylvania and Columbia University. A poll in March 2014 found that 40% of Republicans support same-sex marriage.^[78] In 2013, 52% of Republicans and GOP-leaning independents between the age of 18–49 years old supported same-sex marriage in a joint Washington Post-ABC News poll.^[79] A 2014 Pew Forum Poll showed that American Muslims are more likely than Evangelicals to support same-sex marriage 42% to 28%.^[80]

Students kissing in front of protesters from Westboro Baptist Church at Oberlin College in Ohio.

Opposition

The main opponents of LGBT rights in the U.S. have generally been political and religious conservatives. Conservatives cite various Bible passages from the Old and New Testaments as their justification for opposing LGBT rights. Regionally, LGBT rights opposition has been strongest in the South and in other states with a large rural and conservative population.

As the movement for same-sex marriage has developed, many national and/or international organizations have opposed that movement. Those organizations include the American Family Association, the Christian Coalition, Family Research Council, Focus on the Family, Save Our Children, NARTH, the national Republican Party,^[81] the Roman Catholic Church, The Church of Jesus Christ of Latter-day Saints (LDS Church),^[82] the Southern Baptist Convention,^[83] Alliance for Marriage, Alliance Defense Fund, Liberty Counsel, and the National Organization for Marriage. A number of these groups have been named as anti-gay hate groups by the Southern Poverty Law Center.^[84]

Commander-in-Chief of the Continental Army

To train the new American Army in the latest military drills and tactics, General George Washington brought in Friedrich Wilhelm von Steuben (1730–94), who had been an officer on the German General staff. Von Steuben escaped Germany where he was threatened with prosecution for homosexuality. He joined Washington's army at Valley Forge in February 1778 accompanied by two young aides. Steuben became an American general, and a senior advisor to Washington. Despite rumors about sexual behavior at his parties, there never was an investigation of Steuben, and he received a Congressional pension after the war.^[107][108]

The first evidence of antipathy to homosexuals serving in the United States military dates from March 11, 1778, when Lieutenant Frederick Gotthold Enslin was brought to trial before a court-martial. According to General Washington's report: "...Lieutt. Enslin of Colo. Malcolm's Regiment tried for attempting to commit sodomy ..." Washington's secretary described the results of the trial: "His Excellency the Commander in Chief approves the sentence and with Abhorrence & Detestation of such Infamous Crimes orders Lieut. Enslin to be drummed out of Camp tomorrow morning...."^[109]

Governor of Virginia

In 1779, Thomas Jefferson wrote a law in Virginia which contained a maximum punishment of castration for men who engaged in sodomy.^[111] However, what was intended by Jefferson as a liberalization of the sodomy laws in Virginia at that time was rejected by the Virginia Legislature, which continued to prescribe death as the maximum penalty for the crime of sodomy in that state.^[112]

Governor of the Indiana Territory

In 1807, William Henry Harrison signed into law a comprehensive criminal code that included the first sodomy law for the Indiana Territory that eliminated the gender-specifics, reduced the penalty for a maximum of 1 to 5 years in prison, a fine of $100 to $500, up to 500 lashes on the back, and a permanent loss of civil rights.^[113]

Assistant Secretary of the Navy

In 1919, Democratic Assistant Secretary of the Navy Franklin D. Roosevelt requests an investigation into "vice and depravity" in the sea services after a sting operation in which undercover operatives attempt to seduce sailors suspected of being homosexual had already begun at the Naval base in Newport, Rhode Island. At least 17 sailors are jailed and court-martialed before public outcry prompts a Republican-led Senate committee to condemn the methods of the operation. Roosevelt denied he had any knowledge that entrapment had been used or that he would have approved of it.^[117]

Presidency

In 1935, Congress passed a law for the District of Columbia that made it a crime for "any person to invite, entice, persuade, or to address for the purpose of inviting, enticing, or persuading any person or persons...to accompany, to go with, to follow him or her to his or her residence, or to any other house or building, inclosure, or other place, for the purpose of prostitution, or any other immoral or lewd purpose." It imposed a fine of up to $100, up to 90 days in jail, and courts were permitted to "impose conditions" on anyone convicted under this law, including "medical and mental examination, diagnosis and treatment by proper public health and welfare authorities, and such other terms and conditions as the court may deem best for the protection of the community and the punishment, control, and rehabilitation of the defendant." The law went into effect on August 14, 1935.^[110]

In 1941, Congress enacted a new solicitation law for the District of Columbia that labeled a "vagrant" any person who "engages in or commits acts of fornication or perversion for hire." The law went into effect on December 17, 1941.^[110]

Senator of Texas

On February 2, 1950, Senator Lyndon B. Johnson voted for Uniform Code of Military Justice.^[122]

Presidency

On October 19, 1964, Walter Jenkins, a longtime top aide to President Johnson, had been arrested by District of Columbia Police in a YMCA restroom. He and another man were booked on a disorderly conduct charge.^[123]

After becoming a controversy prior to the 1964 presidential election, the American Mental Health Foundation wrote a letter to President Johnson protesting the "hysteria" surrounding the case:^[124]

The private life and inclinations of a citizen, Government employee or not, does not necessarily have any bearing on his capacities, usefulness, and sense of responsibility in his occupation. The fact that an individual is homosexual, as has been strongly implied in the case of Mr. Jenkins, does not per se make him more unstable and more a security risk than any heterosexual person.

After reelection during his second term on October 3, 1965, Johnson signed the Immigration and Nationality Act of 1965, which added "sexual deviation" as a medical ground for denying prospective immigrants entry into the United States. The bill went into effect on June 30, 1968.^[114]

Presidency

In August 1970, Richard Nixon, on the issue of same-sex marriage, said "I can't go that far; that's the year 2000! Negroes [and whites], okay. But that's too far!"^[125]

On May 13, 1971, in a conversation with John D. Ehrlichman and H. R. Haldeman, Nixon went on to discuss negative perception of homosexuality. He made the assertion that it led to the fall of Ancient Greece, referring to the promotion of same-sex relations in Ancient Greece. He also related homosexuality with areas of San Francisco known for a large gay male population, saying he would not shake hands with persons there.

In 1972, San Francisco's Gay Activists Alliance disbanded and formed the Gay Voter's League, a group that campaigned for the reelection of President Richard Nixon.^[126] In October 1972, representative of the Committee to Re-elect the President addressed gay voters on behalf of Richard M. Nixon's campaign in San Francisco. The event was organized by the Gay Voters League of San Francisco.^[127]

House Minority Leader and Representative of Michigan's 5th congressional district

On August 25, 1965, Rep. Gerald Ford voted for the Immigration and Nationality Act of 1965.^[128]

Presidency

On March 5, 1976, when asked about the issue of gay rights, with respect to hiring, employment, and housing, Gerald Ford said "I recognize that this is a very new and serious problem in our society. I have always tried to be an understanding person as far as people are concerned who are different than myself. That doesn't mean that I agree with or would concur in what is done by them or their position in society. I think this is a problem we have to face up to, and I can't give you a pat answer tonight. I just would be dishonest to say that there is a pat answer under these very difficult circumstances".^[129]

In 1976, during that year's presidential campaign, President Gerald Ford was "zapped" by activists in Ann Arbor, Michigan over federal immigration rules. The protests forced President Ford to admit that he was not aware that homosexuality was used as a basis for exclusion in immigration rulings.^[126]

Post presidency

Gerald Ford, as former president, formally opposed the Briggs Initiative in 1977, which sought to ban homosexuals from teaching in public school. In October 2001, he broke with conservative members of the Republican party by stating that gay and lesbian couples "ought to be treated equally. Period." He became the highest ranking Republican to embrace full equality for gays and lesbians, stating his belief that there should be a federal amendment outlawing anti-gay job discrimination and expressing his hope that the Republican Party would reach out to gay and lesbian voters.^[130] He also was a member of the Republican Unity Coalition, which The New York Times described as "a group of prominent Republicans, including former President Gerald R. Ford, dedicated to making sexual orientation a non-issue in the Republican Party".^[131]

Post governorship of Georgia

In February 1976, Carter said he opposed discrimination on the basis of sexual orientation, but in June 1976 he withdrew his support of a gay rights plank in the Democratic Party platform.^[132]

Presidency

In 1977, under the guidance of Jimmy Carter, a policy was removed which barred employment of gays from employment in the foreign service and Internal Revenue Service ended its policy that forced LGBT education and charity groups to publicly state that homosexuality is a "sickness, disturbance, or diseased pathology." That same year, fourteen gay and lesbian activists were invited to the White House for the first official visit ever. Jimmy Carter publicly opposed the Briggs Initiative. However, in March 1980, Carter issued a formal statement indicating he would not issue an executive order banning anti-gay discrimination in the US federal government and that he would not support including a gay rights plank in the Democratic Party platform.^[132][133] In September 1980, the United States Department of Justice announced that immigration officials would no longer be allowed to ask whether an individual entering the United States was gay and therefore ineligible for admission.^[134] An individual would only be denied admission into the United States if the traveler self-identified as gay to the immigration official.^[134]

Post presidency

In 2004, Carter came out for civil unions and stated that he "opposes all forms of discrimination on the basis of sexual orientation and believes there should be equal protection under the law for people who differ in sexual orientation".^[135] In 2007, he called for ending the ban on gays in the military.^[136] In March 2012, Jimmy Carter came out in favor of same sex marriage.^[137]

Post governorship of California

The first chapter of what would become the national Log Cabin Republicans (LCR) formed in 1978 to fight California's Briggs Initiative, a ballot initiative that would have banned homosexuals from teaching in public schools. The chapter worked diligently and successfully convinced Governor Reagan to publicly oppose the measure.^[126] Reagan penned an op-ed against the Briggs Initiative in which he wrote, "Whatever else it is, homosexuality is not a contagious disease like the measles. Prevailing scientific opinion is that an individual's sexuality is determined at a very early age and that a child's teachers do not really influence this."^[138]

Presidency

On the 1980 campaign trail, he spoke of the gay civil rights movement:

My criticism is that [the gay movement] isn't just asking for civil rights; it's asking for recognition and acceptance of an alternative lifestyle which I do not believe society can condone, nor can I.^[139]

No civil rights legislation for LGBT individuals passed during Reagan's tenure. Additionally, Reagan has been criticized by some LGBT groups for allegedly ignoring (by failing to adequately address or fund) the growing AIDS epidemic, even as it took thousands of lives in the 1980s. Reagan's Surgeon General from 1982 to 1989, Dr. C. Everett Koop, claims that his attempts to address the issue were shut out by the Reagan Administration. According to Koop, the prevailing view of the Reagan Administration was that "transmission of AIDS was understood to be primarily in the homosexual population and in those who abused intravenous drugs" and therefore that people dying from AIDS were "only getting what they justly deserve."^[140]

On August 18, 1984, President Reagan issued a statement on the issue of same-sex marriage that read:

Society has always regarded marital love as a sacred expression of the bond between a man and a woman. It is the means by which families are created and society itself is extended into the future. In the Judeo-Christian tradition it is the means by which husband and wife participate with God in the creation of a new human life. It is for these reasons, among others, that our society has always sought to protect this unique relationship. In part the erosion of these values has given way to a celebration of forms of expression most reject. We will resist the efforts of some to obtain government endorsement of homosexuality.

Mr. Reagan made the comment in response to a questionnaire from the conservative publishers of the Presidential Biblical Scoreboard, a magazine-type compilation of past statements and voting records of national candidates.^[141]

In 1981, during Nancy Reagan's 60th birthday party, White House interior decorator, Ted Graber, spent a night in the Reagans' private White House quarters with his male lover, Archie Case.^[138]

Vice presidency

In 1988, the Republican Party's nominee, Vice President George H. W. Bush, endorsed a plan to protect persons with AIDS from discrimination.^[126]

Presidency

As President, George H. W. Bush signed legislation that extended gay rights. On April 23, 1990, George H. W. Bush signed the Hate Crime Statistics Act, which requires the Attorney General to collect data on crimes committed because of the victim's race, religion, disability, sexual orientation, or ethnicity. It was the first federal statute to "recognize and name gay, lesbian and bisexual people."^[142] On July 26, 1990, George H. W. Bush signed the Americans with Disabilities Act of 1990. On November 29, 1990, Bush signed the Immigration Act of 1990, which withdrew the phrase "sexual deviation" from the Immigration and Nationality Act (INA) so that it could no longer be used as a basis for barring entry of immigration to the U.S. for homosexuals.^[126]

In a television interview, Bush said if he found out his grandchild was gay, he would "love his child", but tell him homosexuality was not normal and discourage him from working for gay rights. In February 1992, the chairman of the Bush-Quayle campaign met with the National Gay and Lesbian Task Force.^[132] In May 1992, he appointed Anne-Imelda Radice to serve as the Acting Chairman of the National Endowment for the Arts.^[143] Losing ground in the 1992 Republican president primary to President Bush's far-right challenger, Pat Buchanan, the Bush campaign turned to the right, and President Bush publicly denounced same-sex marriage.^[144] The 1992 Log Cabin Republican convention was held in Spring, Texas, a Houston exurb. The main issue discussed was whether or not LCR would endorse the re-election of President George H. W. Bush. The group voted to deny that endorsement because Bush did not denounce anti-gay rhetoric at the 1992 Republican National Convention.^[145] Many in the gay community believed President Bush had not done enough on the issue of AIDS. Urvashi Vaid argues that Bush's anti-gay rhetoric "motivated conservative gay Democrats and loyal gay Republicans, who had helped defeat Dukakis in 1988, to throw their support behind Clinton."^[132]

In 1992, the Council of the District of Columbia passed the "Health Benefits Expansion Act", which was signed into law by the Mayor of Washington, D.C. The bill, which established domestic partnerships in the District of Columbia, became law on June 11, 1992. Every year from 1992 to 2000, the Republican leadership of the U.S. Congress added a rider to the District of Columbia appropriations bill that prohibited the use of federal or local funds to implement the Health Care Benefits Expansion Act.^[146] On October 5, 1992, Bush signed the H.R. 6056 into law, which included the Republican rider to the appropriations bill.^[147]

Post presidency

In 2013, former President George H. W. Bush served as a witness at a same-sex wedding of Bonnie Clement and Helen Thorgalsen, who own a general store together in Maine.^[148] In 2015 the Boston Globe reported that Bush "offered to perform the ceremony but had a scheduling conflict."^[149]

Governorship of Arkansas

In 1992, Governor Bill Clinton, as a candidate for President, issued a public statement of support for repeal of Arkansas's sodomy law.^[150] Also in 1992, the Human Rights Campaign, America's largest LGBT rights organization, issued its first presidential endorsement in 1992 to Bill Clinton.^[151]

Presidency

Bill Clinton's legacy on gay rights is a matter of controversy. LGBT rights activist Richard Socarides credits Clinton as the first President to publicly champion gay rights,^[151] but Clinton's signing of DOMA and DADT have led critics like Andrew Sullivan to argue Clinton was a detriment to rather than an ally for the LGBT rights movement.^[152]

In December 1993, Clinton implemented a Department of Defense directive known as "Don't Ask, Don't Tell", which allowed gay men and women to serve in the armed services provided they kept their sexuality a secret, and forbade the military from inquiring about an individual's sexual orientation.^[153] The policy was developed as a compromise after Clinton's proposal to allow gays to serve openly in the military met with staunch opposition from prominent Congressional Republicans and Democrats, including Senators John McCain (R-AZ) and Sam Nunn (D-GA). According to David Mixner, Clinton's support for the compromise led to a heated dispute with Vice President Al Gore, who felt that "the President should lift the ban ... even though [his executive order] was sure to be overridden by the Congress".^[154] Some gay-rights advocates criticized Clinton for not going far enough and accused him of making his campaign promise to get votes and contributions.^[155] Their position was that Clinton should have integrated the military by executive order, noting that President Harry Truman used executive order to racially desegregate the armed forces. Clinton's defenders argue that an executive order might have prompted the Senate to write the exclusion of gays into law, potentially making it harder to integrate the military in the future.^[156] Later in his presidency, in 1999, Clinton criticized the way the policy was implemented, saying he did not think any serious person could say it was not "out of whack".^[157]

On September 21, 1996, Clinton signed into law the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as the legal union of one man and one woman, allowing individual states to refuse to recognize gay marriages performed in other states.^[158] Paul Yandura, speaking for the White House gay and lesbian liaison office, said that Clinton's signing of DOMA "was a political decision that they made at the time of a re-election." In defense of his actions, Clinton has said that DOMA was an attempt to "head off an attempt to send a constitutional amendment banning gay marriage to the states", a possibility he described as highly likely in the context of a "very reactionary Congress."^[159] Administration spokesman Richard Socarides said, "... the alternatives we knew were going to be far worse, and it was time to move on and get the president re-elected."^[160] Others were more critical. The veteran gay rights and gay marriage activist Evan Wolfson has called these claims "historic revisionism".^[160] In a July 2, 2011 editorial The New York Times opined, "The Defense of Marriage Act was enacted in 1996 as an election-year wedge issue, signed by President Bill Clinton in one of his worst policy moments."^[161]

Despite DOMA, Clinton, who was the first President to select openly gay persons for Administration positions,^[162] is generally credited as the first President to publicly champion gay rights.^[151] During his Presidency, Clinton controversially issued two substantial executive orders on behalf of gay rights, the first was in 1995 that lifted the ban on security clearances for LGBT federal employees^[163] and the second was in 1998 that outlawed discrimination based on sexual orientation in the federal civilian workforce.^[164] Under President Clinton's leadership, federal funding for HIV/AIDS research, prevention and treatment more than doubled.^[165] And Clinton also pushed for passing hate crimes laws for gays and for the private sector Employment Non-Discrimination Act, which, buoyed by his lobbying, failed to pass the Senate by a single vote in 1996.^[166] Advocacy for these issues, paired with the politically unpopular nature of the gay rights movement at the time, led to enthusiastic support for Clinton's reelection in 1996 by the Human Rights Campaign.^[151]

Clinton was the first President to select openly gay persons for Administration positions, appointing over 150 LGBT appointees.^[167] The first openly gay US ambassador, James Hormel, received a recess appointment from the President after the Senate failed to confirm the nomination.

On June 2, 2000, Clinton declared June to be Gay and Lesbian Pride Month, making him the first president to do so.^[168]

Post presidency

In 2008, Clinton publicly opposed the passage of California's Proposition 8 and recorded robocalls urging Californians to vote against it.^[169] In July 2009, he came out in favor of same-sex marriage.^[170] On March 7, 2013, Clinton called for the overturn of the Defense of Marriage Act by the US Supreme Court.^[171]

Governor of Texas

In 1997, Governor Bush signed into law a bill adding "A license may not be issued for the marriage of persons of the same sex" into the Texas Family Code.^[173]

In a 1998 Texas Gubernatorial election political awareness test, he answered no to the questions of whether Texas government should include sexual orientation in Texas' anti-discrimination laws and whether he supports Texas recognizing same-sex marriage.^[174]

In 1999, the Byrd Jr. Hate Crimes Act, which would have increased punishment for criminals motivated by hatred of a victim's gender, religion, ethnic background or sexual orientation, was killed in committee by Texas Senate Republicans. Governor Bush was criticized for letting the hate crimes bill die in a Texas Senate committee. Bush spokesman Sullivan said the governor never took a position on the bill. According to Louvon Harris, sister of James Byrd, said that Bush's opposition to the bill reportedly revolved around the fact that it would cover gays and lesbians. The governor's office "contacted the family and asked if we would consider taking sexual orientation out of the bill, and our answer was no, because the bill is for everybody. Everybody should be protected by the law." said Harris. In a 2000 presidential debate, Al Gore would attack Bush for allowing the bill to die in committee, with Bush responding Texas already had a hate crimes statute, and nothing more was needed.^[172] George W. Bush also stated his opposition New Jersey Supreme Court ruling that said the Boy Scouts of America must accept gays in their organization. "I believe the Boy Scouts is a private organization and they should be able to set the standards that they choose to set," Bush said.^[175] Bush would also express his support for bans on gay foster parenting and adoption.^[176]

During the 2000 campaign he did not endorse a single piece of gay rights legislation. In a 2000 Republican presidential debate, George W. Bush, said he opposes same-sex marriage, but supports states' rights when it came to the issue of same-sex marriage. During the campaign he had refused to comment on Vermont's civil unions law.^[175] On April 13, 2000, Governor Bush became first presumptive GOP presidential nominee ever to meet publicly with gay Republicans in Austin, Texas.^[177] On August 4, 2000, Bush received the endorsement of the Log Cabin Republicans, the GOP's largest gay group, for president.^[178] He also received the endorsement of the newly formed Republican Unity Coalition.^[178][179] In a 2000 presidential debate with Al Gore, Bush stated he supported the Defense of Marriage Act and the "Don't ask, don't tell" policy. However, he stated that he opposed sodomy laws, a reversal of his position as governor of Texas.^{[175][180][181]}

Presidency

George W. Bush was mostly neutral towards LGBT rights as president. In his eight years of office, Bush's views on gay rights were often difficult to ascertain, but many experts feel that the Bush White House wanted to avoid bad publicity without alienating evangelical conservative Christian voters. Thus, he did not repeal President Clinton's Executive Order banning discrimination on the basis of sexual orientation in the federal civilian government, but Bush's critics felt as if he failed to enforce the executive order.^[182] He retained Clinton's Office of National AIDS Policy and was the first Republican president to appoint an openly gay man to serve in his administration, Scott Evertz as director of the Office of National AIDS Policy.^[183] Bush also became the second President, after President Clinton, to select openly gay appointees to his administration. Bush's nominee as ambassador to Romania, Michael E. Guest, became the second openly gay man U.S. Ambassador and the first to be confirmed by the Senate. He did not repeal any of the spousal benefits that Clinton had introduced for same-sex federal employees. He did not attempt to repeal Don't ask, don't tell, nor make an effort to change it.^[175]

In April 2002, White House officials held an unannounced briefing in April for the Log Cabin Republicans. On June 27, 2002, President Bush has signed a bill allowing death benefits to be paid to domestic partners of firefighters and police officers who die in the line of duty, permanently extending a federal death benefit to same-sex couples for the first time.^[184]

In 2003, the U.S. Supreme Court ruled in Lawrence v. Texas that sodomy laws against consenting adults was unconstitutional. President Bush's press secretary Ari Fleischer refused to comment on the decision, noting only that the administration had not filed a brief in the case.^[185] In 2004, Bush said "What they do in the privacy of their house, consenting adults should be able to do."^[186]

Previously, Bush said he supports states' rights when it came to marriage, however, after the Massachusetts Supreme Court decision in Goodridge v. Department of Public Health, Bush announced his support for a U.S. constitutional amendment banning same-sex marriage on February 24, 2004.^[187] Due to his support of the Federal Marriage Amendment (FMA), the Log Cabin Republicans declined to endorse the reelection of George W. Bush in 2004^[145] by a vote of 22–2.^[188] The Palm Beach County chapter in Florida did endorse him, resulting in the revocation of their charter.^[189] On September 22, 2004, the Abe Lincoln Black Republican Caucus (ALBRC), a group of young urban Black gay Republicans, voted in a special call meeting in Dallas, Texas, to endorse President Bush for re-election.^[190] In an October president debate, Bush said he did not know whether homosexuality is a choice or not.^[175] In October 2004, Bush said that he supported civil unions of same-sex couples.^[191]

In 2007, Bush threatened to veto the Local Law Enforcement Hate Crimes Prevention Act of 2007, which would have included sexual orientation in hate crimes, and Employment Nondiscrimination Act of 2007.

In December 2008, the Bush administration refused to support the U.N. declaration on sexual orientation and gender identity at the United Nations that condemns the use of violence, harassment, discrimination, exclusion, stigmatization, and prejudice based on sexual orientation and gender identity.^[192]

Post presidency

In his post presidency interviews, he refused to take a position on the issue of same-sex marriage.^[193][194]

Illinois state senator

Obama supported legalizing same-sex marriage when he first ran for the Illinois State Senate in 1996.^[195] When he ran for re-election to the Illinois Senate in 1998, he was undecided about legalizing same-sex marriage and supported including sexual orientation to the state's non-discrimination laws.^[196][197] During his time as a state senator he cosponsored a bill amending the Illinois Human Rights Act to include protections for LGBT people which prohibits discrimination on the basis of sexual orientation and gender identity in the workplace, housing, and all public places and supported Illinois gender violence act.

US Senator from Illinois

Obama supported civil unions, but opposed same-sex marriage when he ran for the U.S. Senate in 2004 and for U.S. President in 2008.^[195] He supported civil unions that would carry equal legal standing to that of marriage for same-sex couples, but believed that decisions about the title of marriage should be left to the states.^[198][199]

During his time as senator, Obama co-sponsored the Employment Non-Discrimination Act, Matthew Shepard Local Law Enforcement Hate Crimes Prevention Act, Tax Equity for Domestic Partner and Health Plan Beneficiaries Act, and Early Treatment for HIV Act.^[200][201]

In the 109th United States Congress, Obama received a score of 89% by the Human Rights Campaign.^[201]

In 2006, Obama voted against the Federal Marriage Amendment, which would have defined marriage as between one man and one woman in the US Constitution.^[202]

In 2007, Senator Obama said he opposed the 1996 Defense of Marriage Act and the Don't ask, don't tell policy when it passed and supported repealing it. He also said that homosexuality is not a choice, he supported adoption rights for same-sex couples, and he would work as president to extend the 1,000 federal rights granted to marriage couples to couples in civil unions. He also voted for the Kennedy Amendment to the National Defense Authorization Act for Fiscal Year 2008 that would expand federal jurisdiction to reach serious, violent hate crimes perpetrated because of the victim's sexual orientation and gender identity and the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act.^[197][200]

In the 2008 presidential election, he expressed his opposition to state constitutional bans on same-sex marriage in California, and Florida on the November ballot,^{[203][204][205]} but stated in a 2008 interview that he personally believes that marriage is "between a man and a woman" and that he is "not in favor of gay marriage."^[206] In the 110th United States Congress, Obama received a score of 94% by the Human Rights Campaign.^[201] In the 2008 election, Obama received the endorsement of the following gay rights organizations: Houston GLBT Political Caucus,^[207] Human Rights Campaign,^[208] and the National Stonewall Democrats.^[209][210]

Presidency

2016

In June 2016, President Obama and Vice President Joe Biden met with the victims and families of those who lost their loved ones in the Orlando Pulse nightclub massacre. Obama and Biden laid 49 bouquets of white roses to memorialize the 49 people killed in the tragedy impacting the LGBTQ community.^[264]

On June 24, 2016, President Obama designated the Stonewall National Monument in Greenwich Village, Lower Manhattan, as the first national monument in the United States to honor the LGBT rights movement.^[265]

The Stonewall Inn at 53 Christopher Street in Greenwich Village, Manhattan, a designated U.S. National Historic Landmark and National Monument, as the site of the 1969 Stonewall riots.^[265][266]

On October 20, 2016, Obama endorsed Kate Brown as Governor of Oregon.^[267] On November 8, Brown became the first openly LGBT person to be elected governor in the United States. Brown is a bisexual woman who has also come out as a survivor of sexual assault and domestic violence.^[268][269] Before being elected in her own right, Brown had assumed the governorship due to a resignation. During that time, she signed legislation to ban conversion therapy on minors.^[270]

2016 Presidential campaign

During the 2016 U.S. presidential campaign, Donald Trump did not emphasize LGBT issues and at times gave ambiguous answers to questions on the subject.^[271][272] Trump said he supported "traditional marriage" and that the decision on whether to allow same-sex couples to marry should be determined state by state.^[273] At one point, he said that he would "strongly consider appointing Supreme Court justices who would overturn same-sex marriage."^[273][274] In a letter to Brian Burch, president of CatholicVote.org, Trump expressed support for legislation that would protect the religious liberty of Christians who oppose marriage equality.^[275]

At the 2016 Republican National Convention, Trump said "As your president, I will do everything in my power to protect our LGBTQ citizens from the violence and oppression of a hateful foreign ideology."^[276] Later at a campaign rally in Greeley, Colorado, Trump held up a rainbow flag onstage to appeal to his supporters.^[277]

Presidency

Soon after his election, President Trump said that the law on same-sex marriage was settled by the Obergefell v. Hodges decision and that he was "fine with that,"^[273] but some have expressed doubts over Trump's claims^[278] as Trump stated prior that he will "strongly consider" appointing Supreme Court justices who will overturn the Obergefell ruling.^[274]

On February 22, 2017, Trump reversed a directive from the Obama administration that allowed transgender students who attend public schools to use bathrooms that correspond with their gender identity.^[279]

On July 26, 2017, Trump announced on Twitter that transgender individuals would not be accepted or allowed to serve "in any capacity" in the U.S. military, citing "tremendous medical costs and disruption" related to transgender service members.^[280][281] Pentagon officials weren't prepared to provide specific details of what he meant and the comment received a rebuke by Senator John McCain.^[282] That same day, the Trump administration intervened in a private employment lawsuit urging a federal appeals court to rule that the Civil Rights Act of 1964 does not protect against job discrimination based on sexual orientation.^[283][284]

On August 25, 2017, Trump directed the Pentagon to stop admitting any new transgender individuals into the military and to stop providing medical treatments for sex reassignment, effective March 23, 2018.^[285] On August 29, 2017, Secretary of Defense James Mattis put a freeze on expelling transgender service members who are currently in the military, pending a study by experts within the Departments of Defense and Homeland Security.^[286]

On October 13, 2017, Trump became the first sitting president to address the Values Voter Summit, an annual conference sponsored by the Family Research Council, which is known for its anti-LGBT civil rights advocacy.^[287][288]

On December 5, 2017, when asked by a White House reporter if President Trump agreed that it would be okay for bakers to put up signs in their business windows saying "We don't bake cakes for gay weddings.", as his solicitor general had argued before the Supreme Court, White House Press Secretary Sarah Sanders said that the president believes in religious liberty and "that would include that."^[289]

Mike Pence

On June 15, 2016, Trump announced Indiana Governor Mike Pence as his vice presidential running-mate.^[290] The decision was criticized by LGBT advocates due to Pence being known for committed opposition to same-sex marriage and his support for "religious freedom laws" that allow individuals and companies to claim religious exemptions from providing services to LGBT people.^[291][292]

In addition, Pence, during his Congressional campaign in 2000, stated, on his campaign website, that "Resources should be directed toward those institutions which provide assistance to those seeking to change their sexual behavior."^[293] This has been interpreted by some to be a statement of support for Conversion therapy, an accusation that was not addressed until after Pence's election as Vice President, when Pence's spokesperson called the accusation a "mischaracterization".^[294]

Secretary Hillary Clinton, who ran against Trump in the 2016 presidential election called Pence "the most extreme pick in a generation".^[292]

In October 2017, an article published by The New Yorker claimed Trump made light of Pence's anti-LGBT attitudes during a meeting with a legal scholar, saying he wants "to hang them all".^[295] Trump's comments attracted much criticism.^{[296][297][298]}

There were also allegations that Pence once published letters that were strongly anti-LGBT for the Indiana Policy Review Foundation publication Indiana Policy Review, including one in 1993 that urged employers to not hire members of the LGBT community for work, claiming they are "promiscuous", carry "extremely high rates of disease", and "not able bodied".^[299][300]