On 31 March 2016, Federal District Court struck down Mississippi's ban on same-sex couple adoptions. On June 26, 2017, the United States Supreme Court reversed an Arkansas Supreme Court ruling that allowed a law listing parents by gender on birth certificates to stand. The new SCOTUS ruling allowed both same-sex spouses to be listed on birth certificates. These court rulings made adoption by same-sex couples legal in all 50 states. 
 
States can however require couples to be legally married before adopting.

The ability for same-sex couples to legally adopt a child.

The difference between legal age of consent for homosexual sex and heterosexual sex.

The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation

The ability for MSMs (men who have sex with men) to donate blood or tissue for organ transplants. A deferral period refers to a waiting time before a man can donate after having sex.

The FDA announced changes to blood donor eligibility policy on 2nd April 2020, reducing the MSM deferral period from 12 months to 3 months, it is not legally binding but most agencies and the American Red Cross treat it as such.

After a series of recommendations, the FDA has moved to a 12 months deferral.

Though the deferral impacts all MSMs who have had sex with a man since 1977, the policy did not go into effect until 1983.  The policy applied retroactively to 1977.

Censorship became "other punishment" in the state of Texas, and in Florida Govt. DeSantis wants to ban LGBT topics from being discussed in schools. 
 
Generally, LGBT Topics are considered under the Free Speech Clause. Due to the nature of the current laws, and state decisions such as in Florida; "Varies by region" is the best indicator to use.

Censorship or prohibition of discussing, promoting, or teaching LGBTQ+ topics in media, schools, and in the general public.

Pride parades happen throughout the country.

Many U.S. jurisdictions require gender-affirming surgery before the person's legal sex can be changed 
It is important to note that surgery is not universally required to change legal sex under federal law or in some states. However, a health professional's certification may be necessary. It is essential to consult the specific laws and guidelines of your state for accurate information on the legal requirements for changing gender markers and identity documents. 
 
There is no federal law on right to change gender, varies by region

Legal recognition of sex reassignment by permitting a change of legal gender on an individual's birth certificate.

From a Federal standpoint, you can change your gender with proof that you have undergone treatment for a gender change (surgery no longer required in any agency as of June 2013)

Conversion therapy is legal in about 50% of US states starting with CA and NJ being the first ones. Can't Convert Love is the sole organization whose sole mission is banning conversion therapy nation-wide.  MN and IN are in the starting phase of attempting to ban the therapy.

Legal status of conducting sexual orientation changing therapy ("ex-gay" therapy)

LGBTQ Discrimination is illegal in all 50 states as of 2021, however states have different laws. Equality Act was passed in 2021-2022 season of House and Senate 

Prohibition of discrimination based on sexual orientation and/or gender identity.

In all Federal positions, discrimination based on sexual orientation is against the law in instances related to work and employment.  In non-federal government jobs, it is based on the state's laws as no federal protections currently exist for non-employees.  Additionally, even federal employees could face discrimination unrelated to work in areas of life such as housing, health care, etc.  In fact, many groups are advocating the repeal of protections or the introduction of laws to permit discrimination.

As of June 15th, 2020 the Supreme Court of the United States has ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII the Civil Rights Act of 1964, classified as sex discrimination. 
 
As of June 15, 2020, all persons working for employers that employ more than 15 people are protected from discrimination based solely on the grounds of sexual orientation or gender identity via the Supreme Court's landmark decision in Bostock v. Clayton County.

Prohibition of discrimination based on sexual orientation and/or gender identity in employment, including hiring, promotion, termination, harassment, etc.

The Equal Employment Opportunity Commission has ruled that “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex”, and are barred by the Civil Rights Act of 1964. This ruling applies at both the state and federal level. 
 
Furthermore, the Equal Employment Opportunity Commission (EEOC) ruled on April 20, 2012 that an employer who discriminates against an employee or applicant on the basis of the person’s gender identity is violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act of 1964.

The Equal Employment Opportunity Commission (EEOC) ruled on April 20, 2012 that an employer who discriminates against an employee or applicant on the basis of the person’s gender identity is violating the prohibition on sex discrimination contained in Title VII of the Civil Rights Act of 1964.

While Gender Affirming Care is unrestricted federally, it varies by region due to no federal laws in place. Several states have either banned or passed laws to protect gender affirming care. Office of Health and Human Services made an document stating that they are with gender affirming care in 2022. 

Medical and psychological support designed to help individuals transition to the gender they identify with, including hormone replacement therapy (HRT) and surgeries.

Homosexuality was decriminalized at the federal level in the United States through the landmark Supreme Court decision of Lawrence v. Texas in 2003. The court struck down a Texas statute that criminalized sexual acts between same-sex couples, declaring such laws unconstitutional. This judgment set a precedent that rendered similar anti-sodomy statutes across states unenforceable, thereby federally decriminalizing homosexuality in private, consensual settings.

Consensual sexual activity between individuals of the same sex.

Before Lawrence v. Texas, some states had already decriminalized sodomy. The first state was Illinois in 1962.

Housing protections are administered at nearly all levels of government for housing -- if at all.  From local city ordinances to federal law, protections are very scattered, and in general, few explicit laws exist to provide housing protections. Nationwide Protections pending.

Prohibition of discrimination based on sexual orientation and/or gender identity when applying for housing or discrimination by landlords / property owners.

No federal or state bans on surgeries performed on intersex infants. 

Medical interventions performed on intersex infants to alter their genital appearance to conform to typical male or female standards, often without the informed consent of the child who is too young to participate in the decision-making process.

In a ruling by the US Supreme Court, all 50 states must now issue marriage licenses for same sex couples and recognize same-sex marriages performed in any state.

Marriage and marriage recognition between two people of the same biological sex and/or gender identity.

Legal status is extremely variable based on the individual state.  Recognized at a Federal level, but not in all states, for all intents and purposes except Social Security.  Social Security is based on the state of residence's recognition of marital status.

The ability for homosexuals to serve in the military and be open about their sexuality.

Biden administration overturns Trump administration's policy against transgender people serving in the military, however, Texas govt. Greg Abbot kept the ban in place for his state.

New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."

Transgender individual can serve, however, the policy "will require an individual to have completed any medical treatment that their doctor has determined is necessary in connection with their gender transition, and to have been stable in their preferred gender for 18 months, as certified by their doctor, before they can enter the military."

The US Army repealed the ban to serve for openly transgender individuals

Lesbian, gay, and bisexual individuals are permitted to serve openly in the military, however, transgender individuals are still banned.

Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality.  The law also removed the ability for others in the military from asking for a service member's orientation.

Since April 11th, 2022, the United States allows people to have an X gender on their passports at a national level. 
 
Other IDs are still dependent on state laws.

Legal recognition of non-binary, genderqueer, or third gender identities.

On June 15th, 2017, Oregon officials voted yes to allowing the legal representation of non-binary people. On July 3rd, 2017, this option became available to the public.

Before July 3rd, 2017, no US states legally recognized non-binary people. 

Hotels

Gay Wilmington

Gay Wilmington travel guide featuring the best gay bars, gay events, gay-rated hotels and more.

Gay Wilmington Guide 2024 - gay bars, clubs, saunas & more

Wilmington

Deleware

Check In

Check Out

Guests

Destination

  Browse a selection of tours in Wilmington from our
              partners with free cancellation 24 hours before your tour
              starts.

Gay Wilmington

About Wilmington

Wilmington Tours