The federal law prohibiting discrimination on the basis of sexual orientation or gender identity is Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin, and the Supreme Court has interpreted the term "sex" to include sexual orientation and gender identity.
In addition, in June 2020, the U.S. Supreme Court issued a landmark ruling in Bostock v. Clayton County, holding that Title VII prohibits discrimination against LGBTQ+ individuals in the workplace. This decision applies to all employers with 15 or more employees, and it prohibits discrimination in hiring, firing, compensation, promotions, and other employment practices based on an individual's sexual orientation or gender identity.
In the United States, same-sex marriage has been legal nationwide since the 2015 Supreme Court decision in Obergefell v. Hodges.
It's important to note that federal protections against discrimination on the basis of sexual orientation or gender identity are limited to employment discrimination. There is currently no federal law explicitly prohibiting discrimination on these bases in housing, public accommodations, or other areas of life. However, many states and localities have their own laws prohibiting discrimination on the basis of sexual orientation and gender identity in employment, housing, and public accommodations. Here are a few examples:
California: The California Fair Employment and Housing Act (FEHA) prohibits employment, housing, and public accommodation discrimination on the basis of sexual orientation and gender identity.New York: The New York State Human Rights Law prohibits discrimination in employment, housing, public accommodations, credit, and education based on sexual orientation, gender identity, and other protected categories.Massachusetts: The Massachusetts Fair Employment Practices Act (MEPA) prohibits employment discrimination on the basis of sexual orientation and gender identity, and the state's public accommodations law prohibits discrimination on these bases in places of public accommodation.Illinois: The Illinois Human Rights Act prohibits employment, housing, and public accommodations discrimination based on sexual orientation and gender identity.Colorado: The Colorado Anti-Discrimination Act prohibits employment, housing, and public accommodations discrimination based on sexual orientation and gender identity.
These are just a few examples, and the exact scope and protections of these laws can vary by state. Additionally, many localities within these states have their own non-discrimination laws that offer additional protections for LGBTQ+ individuals.
The legal landscape regarding LGBTQ+ rights is constantly evolving, and there are ongoing debates and court battles regarding issues such as transgender rights, adoption by same-sex couples, and conversion therapy. The exact status of these issues varies by state and can change over time.
It is important to note that while legal protections are important, they do not necessarily guarantee equality and full acceptance for LGBTQ+ individuals. Many individuals still face discrimination and violence, and ongoing advocacy and education are needed to promote full inclusion and acceptance of all people regardless of sexual orientation or gender identity.