The legal framework
The Supreme Court recognised a constitutional right to same-sex marriage in 2015, and the Respect for Marriage Act of 2022 requires federal and interstate recognition of those marriages regardless of what any future ruling holds. In 2020 the Supreme Court held that federal employment discrimination law covers sexual orientation and gender identity. Beyond employment and marriage, protection in housing, education and public accommodation depends heavily on the state.
Three layers matter in the United States. The Respect for Marriage Act of 2022 requires federal and interstate recognition of same-sex marriages, insulating them if the constitutional ruling were revisited. The Supreme Court held in 2020 that employment discrimination because of sexual orientation or gender identity is sex discrimination under federal law. Everything outside employment and marriage — housing, services, schools, health care — depends on the state.
Key points
| Marriage | Constitutional right since 2015; statutory recognition secured in 2022 |
|---|---|
| Employment | Covered by federal law following the 2020 Supreme Court ruling |
| Housing and services | Protection varies by state; many states have none |
| Conversion therapy | Banned for minors in a large number of states, not federally |
| Blood donation | Individual risk assessment since 2023, replacing the deferral by partner sex |
| Parenthood | Second-parent adoption rules vary; confirmatory adoption is often advised |
| Identity documents | Rules for amending sex markers differ sharply between states |
In practice
- Employment complaints go to the federal equal employment agency, with short filing deadlines.
- A confirmatory adoption is still commonly advised for non-biological parents, because it travels between states.
- Check your state's law before assuming housing or public accommodation protection exists.
- National crisis and support lines for LGBTQ young people operate round the clock.
Cost and coverage
Agency complaints are free to file; private litigation is expensive, though many organisations litigate at no cost.
Recent changes
The Respect for Marriage Act was signed in December 2022. State legislation has diverged sharply, particularly on health care for transgender minors, school curricula and participation in sport, with much of it in litigation.
Where to go
- Federal equal employment opportunity agency, for workplace complaints.
- State human rights commissions, where they exist.
- National LGBTQ youth crisis lines.
Worth knowing
The gap between employment protection, which is federal, and housing or service protection, which is not, surprises people. Two neighbouring states can differ completely.
Frequently asked questions
What does the Respect for Marriage Act do?
It repeals the Defense of Marriage Act, requires the federal government and every state to recognise a marriage validly celebrated in another state, and protects existing marriages. It does not by itself require every state to issue licences if the constitutional ruling changed, which is the limit of the protection.
Am I protected from discrimination at work?
Yes, under federal law: the Supreme Court held in 2020 that firing someone for being gay or transgender is discrimination because of sex under Title VII. That covers employers above the size threshold. Housing, public accommodation and health care protections vary by state.
Official sources and links
- USA.gov — official guide to government services
- Congress.gov — federal legislation