One day after that landmark 2015 ruling, the Boy Scouts of America lifted its ban against openly gay leaders and employees. And in 2017, it reversed a century-old ban against transgender boys, finally catching up with the Girl Scouts of the USA, which had long been inclusive of LGBTQ+ leaders and children (the organization had accepted its first transgender Girl Scout in 2011).
In 2016, the U.S. military lifted its ban on transgender people serving openly, a month after Eric Fanning became secretary of the Army and the first openly gay secretary of a U.S. military branch. In March 2018, President Donald Trump announced a new transgender policy for the military that again banned most transgender people from military service. On January 25, 2021—his sixth day in office—President Biden signed an executive order overturning this ban.
Though LGBTQ+ Americans now have same-sex marriage rights and numerous other rights that seemed farfetched 100 years ago, the work of advocates is far from over.
Universal workplace anti-discrimination laws for LGBTQ+ Americans is still lacking. Gay rights proponents must also content with an increasing number of “religious liberty” state laws, which allow business to deny service to LGBTQ+ individuals due to religious beliefs, as well as “bathroom laws” that prevent transgender individuals from using public bathrooms that don’t correspond to their sex at birth. Additionally, several states have passed legislation targeting transgender youth (and, in Texas, their parents), preventing them from competing in school-sponsored athletics that correspond with their gender identity and accessing gender-affirming medical care.
Gay Marriage Legalized
Massachusetts was the first state to legalize gay marriage, and the first legal same-sex marriage was performed on May 17, 2004—a day when seventy-seven other couples across the state also tied the knot.
Edith Windsor and Thea Spyer wed in Ontario, Canada in 2007. The State of New York recognized the residents’ marriage, but the federal government did not. When Spyer died in 2009, she left her estate to Windsor; since the couple’s marriage was not federally recognized, Windsor didn’t quality for tax exemption as a surviving spouse. Windsor sued the government in late 2010 in United States v. Windsor. Months later, U.S. Attorney General Eric Holder announced that the Barack Obama administration would no longer defend DOMA.
In 2012, the 2nd U.S. Circuit Court of Appeals ruled that DOMA violates the Constitution’s equal protection clause, and the U.S. Supreme Court agreed to hear arguments for the case. The court ruled in favor of Windsor.
Gay marriage was finally ruled legal by the Supreme Court in June 2015. In Obergefell v. Hodges, the plaintiffs—led by Jim Obergefell, who sued because he was unable to put his name on his late husband’s death certificate—argued that the laws violated the Equal Protection Clause and Due Process Clause of the Fourteenth Amendment. Conservative Justice Anthony Kennedy sided with Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan in favor of same-sex marriage rights, ultimately making gay marriage legal across the nation on June 2015. The ruling read, in part:
“No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
On December 13, 2022, President Joe Biden signed the Respect for Marriage Act into law. The law requires that individual states recognize same-sex and interracial marriages that were lawfully performed in other states.
Sources
LGBT Rights Milestones Fast Facts: CNN.