For most, college is both exciting and terrifying. Along with turning eighteen, entering college is the cornerstone of young adulthood for Americans. Finished with high school, college is the first real transition Americans experience as they move away to live separately from their parents. That brings independence, new social opportunities, the need for money management, and everything else that comes with living on your own.
Until recently, the legal understanding of Title IX was that if the law applies to biological sex, then discrimination against one’s adherence or nonadherence to biological sex-associated gender roles and stereotypes wholly falls under Title IX as sex discrimination. If a gay man is harassed on campus because he isn’t masculine enough, it constitutes Title IX because anti-queer harassment ultimately relies on sex-based stereotypes. All Biden’s guidance did was allow LGBTQIA+ students to file discrimination more easily since they could argue it was based on sexual orientation or gender identity rather than having to make the roundabout case above. TLDR: You are still protected under Title IX as a transgender student, but under the Trump administration, you’ll have to file your argument differently.
The Family Educational Rights and Privacy Act (FERPA) protects students’ information and confidentiality. Once in college, your parents can no longer have access to your records without your explicit consent. So, while your parents would know if you changed your name or pronouns on school documents while in high school, that is no longer the case at college since FERPA forbids that information from being shared. FERPA also requires schools to prevent outing as much as possible, so staff are unable to share your personal information with other professors or students.
Colleges cannot require proof of your gender identity or legal changes to update most documents like student emails, IDs, and rosters. The only exception to this is your health records and college diploma, which will require legal documentation to change.
Professors need to call you by your chosen name, even if it’s not legally changed. People are allowed to make honest mistakes, but purposely misgendering and deadnaming transgender students puts them at increased risk of harm since it outs them.
Colleges have a responsibility to take action when informed of bullying, harassment, and discrimination on campus – including when it applies to queer and transgender students.
Students have a right to use the restroom and locker room that aligns with their gender identity, and colleges cannot force students to use separate facilities. It’s great if a school has a gender-neutral bathroom, but they can’t require you to use it since that would violate the Equal Access Act. I’ll caveat here that locker rooms are up in the air since the Trump administration is waging a war on transgender students’ access to sports.
You have the right to present yourself as your gender identity. Colleges cannot police or restrict expression simply because they dislike it or it’s “controversial.” The Supreme Court has a long history of supporting students’ right to self-expression. Schools cannot ban you from wearing a dress unless they ban dresses amongst all students, nor can they ban a shirt with a progressive rainbow unless they ban all graphic shirts.
Students have a right to choose who and who not to tell they are LGBTQIA+. Colleges are forbidden from outing students under FERPA, which includes details like your deadname, transgender status, and medical history.
If your college offers extracurricular activities (like chess club, Christian associations, or D&D), you have the right to form and be in a school LGBTQIA+ association like a Gay-Straight Alliance.
These laws apply to all American universities and colleges that receive federal funding. Even if they are religious, institutions that use federal funding must adhere to Title IX, FERPA, and other federal laws. Schools that do not want to follow these rules must either be entirely privately funded or apply for religious exemption, which is relatively difficult to get. Out of those colleges, I wouldn’t recommend trans students since these colleges are notoriously anti-transgender.
In addition to these federal protections, you may be further entitled (or marginalized) based on where exactly you live in the United States. Some states, like California, New York, and Illinois, have comprehensive laws protecting LGBTQIA+ students, while others, like Texas and Florida, fall short.
Even if you live in a conservative state, your university might still include LGBTQIA+ identities in its nondiscrimination policies – so it’s important to research your schools! I highly recommend Campus Pride Index as a free resource. They’ve been researching and compiling colleges since 2006 and have a searchable database that gives users insight into cost, atmosphere, and other useful metrics on what LGBTQIA+ resources are available at their school. It’s by far the easiest way to determine if a college has a queer resource center, campus events, nondiscrimination policies, and healthcare coverage. They even maintain lists of the country’s best and worst campuses for LGBTQIA+ students. If your school is not listed on Campus Pride, you should still be able to locate relevant policies. Most often, you’ll want to search for “nondiscrimination policies,” “student handbooks,” or general “policies and guidelines.” If internet searches fail you, don’t hesitate to reach out to your admin staff – they’re there to help you when you have questions about campus policies!
Amongst your university’s policies, you’ll also find guidelines on how to report harassment, discrimination, and general bullying. Always try to follow your college’s established procedures first when you experience harassment – give your administration the benefit of the doubt and remember to document all incidents, filed complaints, and communication you have with administration. If your school refuses to take your complaint seriously, you should then involve outside resources like local LGBTQIA+ nonprofits, GLSEN, or your state ACLU chapter. These organizations will help you determine the next steps best suited for your situation.
Some situations might require you to file a lawsuit against your school. You will likely want to have guidance from a legal authority like the ACLU before proceeding with filing or sourcing a competent legal group to represent you. You can also file complaints to the United States Department of Education – but given the political climate, you might not get a good response regardless of your legal rights. If you go this route, remember you only have 180 days to file a complaint with the Department and to file the discrimination as “sex-based.” Complaints that are not fully completed are automatically trashed and not investigated. Include as many details as possible, and keep in mind that your complaint is required to be confidential under federal law.
You’re going to be busy the first week of the semester. Everyone is. Try to get all your paperwork completed before the first day of class and reduce future headaches. Nearly all of this will require working with your campus administration, for better or worse.
As mentioned above, universities do not legally have to have a court order or medical documentation to update your name or gender marker in most of their electronic systems, but the process for doing so likely won’t be easy or straightforward unless they have already set up their systems for these changes. Many schools use ancient software to process and store student information, which is why admins huff and puff at being asked to change a student’s name. However, a process being annoying or difficult is not grounds to deny you from changing your name or gender marker at school. At college, you are paying to be there – the admins essentially work for you, and your comfort, safety, and overall confidentiality are worth pursuing. Some examples of items you can (and should) change include:
Your official school email, including associated accounts with it, like Word and Outlook.
Your public name in homework submission portals like Blackboard and Canvas.
Your school ID.
Classroom rosters.
Sports uniforms, if applicable.
The only items that require a legal order from a court to update in university software are:
Your diploma and transcript.
Financial aid information stored by FAFSA and your college’s financial aid office.
And personal health information stored by your college’s health center.
Anything else can be changed as an unofficial nickname. Your university is able to mark you as your identified gender in the class roster sent to campus professors without a court-ordered gender marker change. Legal orders only require your school to comply, but it is entirely possible to change most items before that point.
Dr. Genny Beemyn has the most current database of universities and colleges that allow transgender students to use a nonlegal name or pronouns in their files, originally hosted through Campus Pride’s TPC. Check their site to see if your school makes the list.
I’m not naïve – and I don’t recommend you be, either. Despite the law and clear instructions, I have been told myself by college admins things along the lines of “no, we can’t do that without court papers” and “hmm, yeah, I think we know the law better than you do and we don’t have to update your information.” I’ve also come across administrators who are extremely willing to make those minor changes – and my experience isn’t an anomaly. Given the environment academic administrators work in, you’re going to get a mixed bag of individuals who are willing to help as well as others who will throw a fit at your request. Some of them might be aware of LGBTQIA+ issues and why it’s important to get these items changed, while other administrators will huff because “it’s against their religion” to treat you with respect or update your information. And unfortunately, they hold all of the cards. In the event you experience discrimination from your university administration, you will have to follow your campus’ procedures for reporting it – which requires more conversations with admin. Depending on how LGBTQIA+ competent your school is, this paperwork could be an uphill battle.
Map of Healthcare Laws and Policy Exclusions by State, Movement Advancement Project
Regardless, the Trans Policy Clearinghouse has a list of colleges that explicitly list their transgender healthcare inclusions – now hosted on Genny Beemyn’s website.
The last major player in this category is housing. Most people don’t know who their roommate will be, although a growing number of universities are trying to match students with compatible roommates based on preferences. This can be even more anxiety-inducing for transgender students since you have to worry further about what gender you’ll be assigned for housing and whether your roommate will be chill with your identity or totally hateful. At least 470 schools are documented as having “gender-inclusive housing” on campus, which means there is a dorm, facility, or other living space that students can live in regardless of gender identity or sex assigned at birth. Genny Beemyn has an ongoing database of schools that publicly list having these housing options available, but the vast majority of high-ranking colleges on the Campus Pride Index will have this available.
Live Your Life: Finding the Basics for Survival
Considering most Americans begin college around the age of eighteen, university presents the first genuine opportunity for students to medical transition through gender-affirming care like hormone replacement therapy. The feasibility of doing so will depend on your school’s healthcare coverage, but the bottom line is that the ACA requires such care to be possible if you manage to complete their required steps, since gender-affirming care is medically necessary. Typically, these steps include sourcing a licensed mental health professional who is willing to write a letter certifying that your transgender identity is ‘established,’ not a phase, and you can make major decisions like beginning HRT based on your current mental state.
No matter how conservative your university is, you are not the first transgender student that has attended it, although you might be one of its first openly trans students. Transgender people live in all climates, including cities, suburbs, and the rural countryside. If your school has an LGBTQIA+ resource center or queer student organization, ask them first where trans students go for gender-affirming healthcare. If your school doesn’t, you’ll have to do some research: ask around online, like city-specific Facebook groups and subreddits, call the nearest LGBTQIA+ nonprofit, or visit a government health department. The last two will have staff available with the purpose of finding relevant resources – so use ’em!
Even if you’re battling administration for the items I referenced in the previous section, you can still email your upcoming professors prior to the semester. Most professors make an effort to use students’ nicknames anyway to foster a better classroom environment. So, if you happen to know who your professors will be, send them an email before the first day explaining your situation and that your assigned name and gender on their official roster don’t match what you go by. Use this email template and plug in your information. Even though my college admin eventually did change my name in their systems, I still had to send out emails since rosters were sent before the admin had made the change.
If you’re going the route of emailing your professors, remember it won’t solve everything. Without your university administration updating official rosters, you will encounter issues with other staff. Most often, this applies to substitute teachers and teacher assistants – subs sometimes get copies of the official roster rather than the one your regular professor uses. This means you can potentially be outed by a sub until your campus information is actually changed.
If you are beginning to live openly trans for the first time, you’ll discover how difficult it can be to advocate for yourself. More than anyone else, you have your best interests in mind – and there are uneducated people in every space, including college. Prepare for headaches, find quick resources to give to curious folks, learn when to shut down ‘curious’ Devil’s advocates, and have a plan in place to deal with incoming microaggressions. This is easier said than done, but I cannot emphasize how important it is for your own sake as well as future transgender students that will inevitably attend your university. Yes, it can be easier to just ride out the semester and not correct the side remarks by your professor – and sometimes, that’s what you need to do to emotionally and physically survive. But by not confronting those hard conversations, you leave the work for the next student that comes.
To an extent, you can also research trans-friendly restrooms, businesses, and events close to campus prior to the semester beginning – although sometimes it’s smoother to wait until you have real people to ask while navigating your first weeks. When you’re early in your transition, you need to feel safe and comfortable. Genny Beemyn has TPC’s previous list of universities with published maps of gender-neutral restrooms on campus, BUT I also recommend the REFUGE app. REFUGE is a free mobile app that lets users pinpoint trans-friendly bathrooms. You might be the first in your area to utilize the app and have a blank slate, or you might find a filled map with a treasure trove of tips. Either way, REFUGE allows you to build an underground resource for yourself and others at your school.
While on campus, the best (and most traditional) way to determine whether a space is LGBTQIA+ friendly is through “safe space” signage. Today, these signs are most common among less progressive schools where acceptance isn’t seen as the norm, but they’re great anywhere. Beyond campus grounds, these apps and sites are good ways to find trans-affirming spaces:
Strands for Trans is an online database for barbershops and hair salons.
Everywhere Is Queer is a mobile app for all businesses (including virtual ones), similar to Strands for Trans. Businesses self-report whether they identify as LGBTQIA+ friendly.
For bars and nightlife, look into GayCities, Travel Gay, and Yelp. GayCities and Travel Gay are better options if you live near a metropolitan area, but Yelp is more helpful for less populated regions.
Beyond websites and mobile apps, the best way to really determine whether a business is trans-friendly is by word of mouth. Find other queer and trans people on campus or a queer nonprofit – their experiences are worth significantly more than self-reported labels online. And while I’m aware of other websites that compile businesses, like Pink Robin, Hey Fam, LGBTQ+ Business Week, LGBTQIA Hub, and the National LGBT Chamber of Commerce, these sites focus heavily on e-commerce. Large cities like NYC and the Queer Money Project – and cities are more likely to have listings on apps such as Qlist and MisterB&B.
Support Yourself: Self-Care Matters
In order to thrive at college, you have to think beyond the basics. Between assignments and dealing with less-than-supportive classmates and staff, you will need an outlet for support. Be proactive and plan to create support as your semester begins. And if you’re struggling with coming out at college, Campus Pride has a resource tailored for you – and here is the most current copy of the Coming Out as a Transgender Person Workbook.
The simplest way to get connected with like-minded peers is to join a student organization. Clubs and other associates exist no matter the size of your school, including if you attend community college. Look for organizations that cater to queer identities (if possible) or interests you have. If you find your university lacks sufficient organizations, you’re entitled to create your own as long as you follow your school’s policies and have a staff member to serve as the club sponsor. In my experience, LGBTQIA+ college student organizations are way more active than high school ones – from anti-bullying campaigns to social functions, they’re worth checking out and giving a chance.
Speaking of which, check to see if your college has an LGBTQIA+ resource center. These are specific departments created by the university to handle LGBTQIA+ issues, training, clubs, and support. Schools with resource centers typically score higher on all metrics of the Campus Pride Index since they help recruit and retain queer students by fostering a safe campus environment. If your school lacks an LGBTQIA+ resource center, it may have something related like a “diversity department.” These are more common in community colleges and smaller schools that lack the funds to have multiple departments.
It feels like a stereotype, but queer people are good at finding each other. Use your natural gaydar to find safe friends to connect with. They don’t have to necessarily dress or “look” gay, but trust your gut when you feel good or bad vibes from your fellow classmates. People pay to go to college and learn, so they’re at least marginally more open-minded than the general population.
Being transgender shouldn’t limit you from traditional college activities that your cisgender peers get to enjoy. Don’t limit yourself to hobbies and organizations solely surrounding your queer identity – use every resource available to you and try every club that you find interesting. Beyond clubs, the most common social resources are sports and Greek life.
Currently, per “Keeping Men Out of Women’s Sports,” transfeminine individuals are barred completely from participating in college sports. Transmasculine and nonbinary folks might be technically allowed right now, but you’re unlikely to find these spaces welcoming. As most readers probably know, these bans are based on vast misunderstandings of existing laws and policies – but the harm still exists.
The TLDR is that anti-transgender sports bans overwhelmingly overestimate transgender people’s involvement in athletic competitions and overwhelmingly underestimate the laws that already dictate when and if transgender people can perform. For example, while approximately 10,500 people try out for the Olympics, fewer than a dozen might identify as transgender. That calculates to 0.001% of those folks trying out. To not be automatically disqualified during this process, transgender people must provide medical and legal documentation of their gender identity – which includes proving they have been consistently using estrogen HRT and using testosterone supplements for multiple years to force their hormone levels to be identical to biologically female competitors. This standard by the International Olympic Committee is enforced in other sports, and for decades, it was the same applied to student sports. The Trump ban supersedes these precedents and bars trans people from competing no matter what. In the context of school, sports are well-understood as crucial for supporting students’ emotional and physical well-being since they provide an outlet for exercise while fostering team-building. Yet, because of the Trump administration’s ban, transgender students are forbidden from having these experiences.
“Keeping Men Out of Women’s Sports” is centered on competitive sports, so it’s unclear how strictly it is applied to noncompetitive or intramural sports clubs, but I advise caution since it will largely depend on the political climate of your school on whether they will use the executive order against you.
You don’t find many LGBTQIA+ people in Greek life. Part of it comes from its long history of strict gender roles for frat boys and sorority girls. Another part comes from Greek organizations not being kind to marginalized folks, especially considering how many organizations get accused of sexual harassment and hazing. Then, of course, Greek life is associated with higher incomes since joining these associations generally requires annual fees. Despite this, there are Greek organizations with explicit mission statements that include transgender people – and there are also organizations founded by LGBTQIA+ students.
Some sororities include:
Alpha Chi Omega (ΑΧΩ)
Alpha Delta Pi (ΑΔΠ)
Alpha Epsilon Phi (ΑΕΦ)
Alpha Gamma Delta (ΑΓΔ)
Alpha Lambda Zeta (ΑΛΖ)
Alpha Omicron Pi (ΑΟΠ)
Alpha Pi Delta (ΑΠΔ)
Alpha Sigma Alpha (AΣA)
Alpha Sigma Tau (ΑΣΤ)
Alpha Xi Delta (ΑΞΔ)
Beta Phi Omega (ΒΦΩ)
Delta Delta Delta (ΔΔΔ)
Delta Gamma (ΔΓ)
Delta Phi Epsilon (ΔΦΕ)
Gamma Phi Beta (ΓΦΒ)
Gamma Rho Lambda (GRL)
Eta Epsilon Gamma (ΗΕΓ)
Eta Iota Mu (ΗΙΜ)
Kappa Alpha Lambda (ΚΑΛ)
Kappa Alpha Theta (ΚΑΘ)
Kappa Delta (ΚΔ)
Kappa Kappa Gamma (ΚΚΓ)
Kappa Omega Omicron (ΚΏΟ)
Kappa Theta Epsilon (ΚΘΕ)
Kappa Xi Omega (ΚΞΩ)
Lambda Delta Lambda (ΛΔΛ)
Omicron Epsilon Pi (ΟΕΠ)
Phi Omega (ΦΩ)
Phi Sigma Sigma (ΦΣΣ)
Sigma Alpha Iota (ΣAI)
Sigma Delta Tau (ΣΔΤ)
Sigma Omega Phi (ΣΩΦ)
Sigma Phi Chi (ΣΦΧ)
Sigma Sigma Sigma (ΣΣΣ)
Theta Phi Alpha (ΘΦΑ)
Zeta Omega Eta (ΖΩΗ)
Zeta Tau Alpha (ΖΤΑ)
Zeta Theta Psi (ΖΘΨ)
Some fraternities include:
Acacia
Alpha Sigma Phi (AΣΦ)
Beta Gamma Pi (ΒΓΠ)
Beta Theta Pi (BΘΠ)
Chi Phi (XΦ)
Chi Psi (XΨ)
Delta Chi (ΔX)
Delta Lambda Phi (ΔΛΦ)
Delta Phi Upsilon (ΔΦΥ)
Delta Sigma Phi (ΔΣΦ)
Delta Tau Delta (ΔΤΔ)
Delta Upsilon (ΔΥ)
Kappa Delta Rho (KΔP)
Kappa Kappa Psi (KKΨ)
Kappa Psi Kappa (ΚΨΚ)
Lambda Chi Alpha (ΛXA)
Omega Delta Phi (ΩΔΦ)
Phi Delta Theta (ΦΔΘ)
Phi Kappa Tau (ΦKT)
Phi Sigma Kappa (ΦΣK)
Pi Kappa Alpha (ΠKA)
Pi Kappa Phi (ΠKΦ)
Pi Lambda Phi (ΠΛΦ)
Psi Upsilon (ΨY)
Sigma Alpha Epsilon (ΣAE)
Sigma Chi (ΣΧ)
Sigma Epsilon Omega (ΣΕΩ)
Sigma Phi Beta (ΣΦΒ)
Sigma Phi Epsilon (ΣΦE)
Sigma Nu (ΣN)
Sigma Tau Gamma (ΣTΓ)
Tau Beta Sigma (TBΣ)
Tau Kappa Epsilon (ΤΚΕ)
Theta Chi (ΘX)
Theta Delta Chi (ΘΔX)
Theta Xi (ΘΞ)
Zeta Alpha Delta (ΖΑΔ)
Zeta Beta Tau (ZBT)
And some all-gender Greek associations include:
Alpha Delta Phi Society (ΑΔΦ)
The Euglossian Society (ΕΥΓ)
Lambda Alpha Lambda (ΛΑΛ)
Lambda Delta Xi (ΛΔΞ)
Nu Delta (ΝΔ)
Phi Sigma Pi (ΦΣΠ)
Th Delta Sigma (ΘΔΣ)
Theta Pi Sigma (ΘΠΣ)
Zeta Delta Xi (ΖΔΞ)
Sigma Omicron Rho (ΣΟΡ)
Even if you are introverted, shy, or otherwise not a social person, I highly recommend creating an in-person support system. Go to club meetings, join your local community, and make IRL friends. Entirely online support systems don’t foster the same level of mental wellness – although they can still be useful. For that purpose, here are some online resources for transgender college students.
⭐ Looking for generic trans resources? Click here.
Between going to class, making friends, and inevitably dealing with conflict, you need to set aside time for self-care. Do things you enjoy. Engage in therapy. Work on setting boundaries. Develop hobbies to do in your free time that don’t feel like work. And if you struggle with self-care, here’s an info hub by GSA Network.
And of course, small things matter. Assuming your dorm or living space allows it, cultivate your room to foster a sense of pride. You’ll be spending a lot of time in your room, so make it inviting – hang up a pride flag, put up some posters, and decorate the space to inspire joy. After a potentially long day at class dealing with people, don’t you deserve to feel comfortable and proud of who you are?
In a devastating update, the United States Supreme Court voted along party lines to uphold Tennessee’s unethical blanket ban on gender-affirming care for transgender minors. United States v. Skrmetti was decided 6-3 and has potentially severe consequences for adult care as well.
Their logic is derived from stating that the current ban on gender-affirming care for minors is based on gender dysphoria and not sex, so it cannot be classified as sex-based discrimination – the same logic used by the Trump administration when removing LGBTQIA+ protections under Title IX. Of course, this logic is flawed: at this moment, the Court views transgender identity as a mental health issue, but they are choosing to ignore that other aspects of Tennessee’s laws (as well as other states across the country) wish to prosecute transgender people for sex crimes based on sex assigned at birth. In her coverage of the topic, Erin Reed wrote, “The Tennessee law, Justice Sotomayor and the dissent argue, explicitly classifies on the basis of sex—so overtly that the majority’s attempt to sidestep that reality reads as disingenuous. The statute itself declares that one purpose of the ban is to ‘encourage minors to appreciate their sex,’ and yet the majority still concludes it does not constitute sex-based classification.” This argument also fails to consider that while gender dysphoria is currently classified as a mental disorder, it is the required diagnosis for medically necessary treatment for transgender individuals. The World Health Organization and other experts on mental and physical health have declassified transgender identity itself as a mental illness since our distress is caused by the dysphoria or disconnect between internal gender and outward expression. As NPR wrote, “[The] Supreme Court decision was a big win for Tennessee and 24 other states, but there are many questions that remain unanswered.”
Permitting states to ban gender-affirming care, the medically necessary and most effective treatment for gender dysphoria, to treat transgender people in distress is as nonsensical and inhumane as banning other medications like insulin for the treatment of diabetes or banning the prescription of albuterol for asthma.
The current ruling is also dangerous, since it seems to permit states to ban transgender healthcare entirely – not just for minors. The conservative Court is not arguing that states have a right to ‘protect children from medical treatments’ like gender-affirming care; they are arguing that states have a right to ban gender-affirming care entirely.
“Today’s Supreme Court decision is a devastating blow to transgender youth and the families who love them, but it will not break our resolve. Families may now have to make the heartbreaking choice to leave their state or split their families, or take on extensive financial burdens, to ensure that their kids can access medically necessary care.
“This Court chose to allow politicians to interfere in medical decisions that should be made by doctors, patients, and families—a cruel betrayal of the children who needed them to stand up for justice when it mattered most.
“As parents, advocates, and community leaders, we know that our fight doesn’t end in courtrooms—it lives in our communities, our hearts, and our unwavering commitment to each other. Still, we will not be deterred. We will support families forced to make impossible choices, fund legal challenges, and build a movement so powerful that no politician can ignore us. Together, we will turn this pain into power and keep fighting until every transgender person in America can live with dignity, safety, and the freedom to be who they are.”
Erin Reed also reported that “Though the majority avoided that outcome, three justices—Justices Samuel Alito, Clarence Thomas, and Amy Coney Barrett—wrote separately to express that they would have gone further, explicitly denying transgender people equal protection under the law.” While the Court’s decision does not affect transgender individuals living in states that protect gender-affirming care, it further divides the country. Gleeful legislators are banning the most effective treatment for transgender people, the most proven deterrent that lowers the suicide rate amongst the trans community – depending on where you live, you may not be able to legally obtain medically necessary healthcare that has been the gold standard throughout the world for decades and you can be prosecuted for traveling elsewhere to receive such care.
While the decision is terrifying, the war for transgender rights isn’t over. United States v. Skrmetti specifically targets gender-affirming care for minors, and while legislators have talked about expanding healthcare bans to adults, no laws have actually been written. It also isn’t the end for transgender minors either – social justice advocates will continue to fight the Supreme Court for equal rights, despite this loss. If the GOP can stack the Court to overturn Roe v. Wade, there is always hope for a better future. Chase Strangio from the ACLU stated, “Though this is a painful setback, it does not mean that transgender people and our allies are left with no options to defend our freedom, our health care, or our lives. The Court left undisturbed Supreme Court and lower court precedent that other examples of discrimination against transgender people are unlawful. We are as determined as ever to fight for the dignity and equality of every transgender person, and we will continue to do so with defiant strength, a restless resolve, and a lasting commitment to our families, our communities, and the freedom we all deserve.”
In addition to this news, I wanted to give context that other news sources aren’t covering. United States v. Skrmetti rose to the Supreme Court on whether gender-affirming care bans on transgender minors are constitutional – Tennessee lawmakers defended the law by citing bogus claims that gender-affirming care is unsafe and experimental.
Secondly, these legislators have not met actual transgender youth who have experienced the supposed woes of being forced into medical procedures. If you are under the age of 18, it is incredibly difficult to access gender-affirming medical care due to the international requirements established by WPATH. The World Professional Association for Transgender Health is just as legitimate as a health institution as the World Health Organization, and has produced credible research for decades supporting gender-affirming care. The recent accusations that scientific bodies like WPATH and WHO are untrustworthy because they do not side with GOP pseudoscience are created solely to bring harm. The WPATH itself has made an official statement denouncing Trump’s pseudo-research.
Even in the most liberal states, it is a grueling process for minors to get gender-affirming medical care.
After coming out, that transgender minor must socially transition – this means they have picked another name they are going by, pronouns, hairstyle, clothing, hobbies, and other aspects of gender. They have gone through the trouble of picking a name that fits their gender identity and have told others, likely begun outwardly expressing their gender without medical intervention, and have changed minor forms that don’t require legal orders, like email addresses, school assignment rosters, and social media accounts.
That transgender minor must now engage with regular counseling and get a diagnosis for gender dysphoria – which they can only do after establishing their transgender identity is long-standing and not a phase for that provider. It is at this point that the minor must have the full support of all their legal guardians, since minors cannot easily access therapy, and definitely cannot engage with medical care without their parents’ explicit consent.
Assuming the minor has completed every step above completely and has identified as transgender for an extended time, they MIGHT be eligible for medical care. WPATH only allows puberty blockers to be prescribed to minors who have reached Tanner stage two, or in other words, shown visible signs of puberty beginning as their sex assigned at birth. The minor must also prove that they are capable of making informed decisions, further establish that their gender identity is not a phase, and not the consequence of a mental disorder other than gender dysphoria.
After the youth has been on puberty blockers for a sufficient amount of time, they may be moved to hormone replacement therapy – which means estrogen or testosterone will be prescribed instead of puberty blockers to commence puberty.
If the transgender minor is unsure whether they may want biological children one day, they MIGHT be eligible for reproductive services such as sperm or egg freezing. However, these reproductive services aren’t common since most transgender people are told from the beginning that transition will likely make them unable to have biological children.
If the minor is assigned female at birth, they MIGHT be eligible for top surgery if they did not engage with puberty blockers fast enough to prevent breast growth and have been on HRT for a minimum of twelve months. However, this itself is even more rare than minors accessing medical gender-affirming care entirely, and the vast majority of surgeons will require their patients to wait until age eighteen.
Transgender minors are not able to freely access other surgical procedures. While technically possible, medical providers are not willing to perform these procedures before the age of eighteen. If someone tries to argue about whatever conspiracy they believe, force them to pull details like their office number and credentials. If they are unable or unwilling to call that provider’s office and obtain at least verbal proof, they are lying.
As mentioned before, the Supreme Court ruling affects more than just minors – the logic embraced paves a route for states to ban gender-affirming care entirely because they deem it as ‘experimental.’ The reason gender-affirming care for minors is seen as so experimental is because research is more mixed regarding puberty blockers compared to HRT, but puberty blockers are never intended as the end result for gender-affirming care. Puberty blockers are used as a means to pause natal puberty and give minors time to establish their gender identity as more than a phase before continuing with non-reversible side effects of HRT. While hormone replacement therapy has non-reversible side effects, it is extremely effective and has exceedingly low regret rates, and thus has substantial positive results compared to puberty blockers. Yet again, for minors, puberty blockers are an integral part of the process for them to receive care.
As many readers know, HIV also disproportionately affects LGBTQIA+ people – it was once referred to as the “gay plague” during its early years when thousands of queer people were being killed each year while government-funded research facilities pushed the harmful belief that HIV was a divine punishment ordained by God. All marginalized groups are at higher risk of contracting HIV, culminating from a lack of educated doctors, accessible testing, preventative medicine like PrEP and PEP, and public knowledge. Ultimately, this means that young queer people are at an exceptionally higher risk of HIV – especially transgender youth of color.
Despite heightened rates reported by the CDC, they also found that only 6% of high school students had ever been tested for HIV. Most people are never offered an HIV test when visiting a healthcare provider’s office – there’s often very little signage and educational material present advertising HIV prevention and its risk and even fewer offices discuss HIV with their patients unless they believe they’re a ‘high risk.’ Unfortunately, this process is based on stereotypes even among healthcare providers well-educated on HIV versus reality – so lots of folks fall through the cracks. The CDC recommends all individuals, regardless of sexual orientation, gender identity, age, class, race, ethnicity, or background, be tested for HIV at least once in their life. Certain people are advised to be tested regularly based on their sexual activity – as a general note, the CDC says the following people should be tested for HIV at least once per year:
Men who have had sex with other men.*
Individuals who have had anal or vaginal sex with someone who is living with HIV.
Individuals who have had sex with more than one partner since their last HIV test.
Drug users who share injection equipment, like needles, syringes, and cookers.
Individuals who have had sex for money, drugs, or housing.
Individuals who have been diagnosed with another STD/STI, hepatitis, or tuberculosis.
Anyone who has had sex with someone who has done one of the above things or you’re unsure about their sexual history.
In February 2025, the Trump administration tried to remove mentions of LGBTQIA+ people from official government websites – including the CDC. Federal courts have rebuked this decision as purposeful misinformation of scientific research and forced the administration to restore previous web pages, although they have altered some of the sites and added a political anti-science disclaimer stating the agency denounces transgender people alongside the Trump administration.
All governmental information and research regarding HIV was targeted by this purge – I’m unsure whether the first statement was present before the restoration since it’s not aligned with current HIV advocacy and data. Most organizations disagree with blanket stereotypes for HIV and testing based on sexuality, instead pushing for non-discriminatory testing requirements based on sexual activity. This can be seen in the change in the Red Cross’s policies allowing queer men to finally donate blood after decades of permanently banning them for “having had sex with men” since data shows such practices do not effectively reduce HIV risk during blood donation.
HIV 101: The Basics
In today’s world, most people have a basic understanding that HIV exists, that it’s an STD, and it disproportionately targets queer men. Other than that, knowledge varies drastically since HIV isn’t covered in many public school sexual education programs (and several states don’t have sex ed) and most healthcare providers do not bring up HIV unless they believe they have enough reason to do so.
As mentioned earlier, anyone can be affected by HIV – the virus doesn’t discriminate based on sexual orientation, gender identity, race, ethnicity, age, class, education, religion, neighborhood, etc. There is no singular way to ‘tell’ if someone has HIV other than getting tested: most people don’t experience symptoms until HIV has developed into AIDS years later. Lastly, HIV won’t kill you – while living with HIV will greatly change your life, people live long, happy, and fulfilling lives with HIV when taking prescribed medication to treat the virus.
Want to learn more about HIV?Read this post here or check out one of the sources below.
Education is crucial.Teaching youth about HIV and safe sex is the first step in reducing the spread of STDs, including HIV. Despite this reality, many schools, politicians, and religious figures argue that comprehensive sex education encourages young people to have sex. This is fallacious – data shows that folks will have sex regardless, but it is possible to reduce STDs and unplanned pregnancies by giving them the tools to have safe and healthy relationships.
Accessibility is just as important. Most people know what they ought to do, whether it’s safe sex or recycling plastic. However, they’re unlikely to do it unless it is convenient – it’s human nature. Convenient testing is offered at regular healthcare visits, community centers, and even social events like local drag shows and pride events. Some organizations offer incentives for testing like free entry to an event, gift cards, vouchers, or coupons to engage folks in testing when they may otherwise be too hesitant. Making condoms free and easy to access discreetly without shame encourages people to practice safe sex. Preventative medicines like PrEP and PEP are most impactful when folks have access to those medicines when they need them – whether it’s by visiting a local pharmacy or getting it mailed directly to their house.
Where do I get tested for HIV?
You can only get treatment for HIV if you’ve tested positive, which requires you to get tested in the first place – so seeking testing is the first step to protecting your health. The earlier someone gets diagnosed, the sooner they can access life-saving treatments to manage their HIV.
Greater Than (linked above) is one of the largest public health campaigns in the United States that provides detailed resources in partnership with the CDC. Click above to be redirected to their website, which locates HIV testing, PrEP providers, and support services locally by zip code. Greater Than also connects individuals to health insurance information to educate users on state laws dictating coverage.
IRL testing isn’t for everyone – that’s why the CDC also sponsors the Together TakeMeHome program to ship free HIV tests directly to homes throughout the United States. These tests are done via an oral swab with saliva to give results within 20 minutes, and the program provides two free tests to individuals every 90 days. Together TakeMeHome has been providing free tests since early 2023, so click the button below to learn more about how to use their services.
Together TakeMeHome is currently operating, although it can only do so through government funding. Due to the current political climate and attacks by the Trump administration on other HIV programs, it’s not impossible to consider the possibility that the program could be shut down in the future. Most LGBTQIA+ community centers also provide HIV testing for free, and many cities offer similar programs to Together TakeMeHome with mail programs to increase HIV testing in their area.
Know Your Rights: Young People, HIV, and the Law
In the United States, all individuals with HIV are protected by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which is enforced by the Department of Health and Human Services and the Office for Civil Rights. These laws prohibit any anti-HIV discrimination by healthcare and human services agencies that receive federal funding, as well as any discrimination by state or local governments – including services, activities, or programs provided by state or local governments. Anyone can file a report with the Office for Civil Rights online or by mail.
In all US states, minors have the right to consent to HIV and STD testing and treatment without a guardian’s permission. Generally, youth have the right to get tested (and receive HIV medication) without telling their parents. However, these laws vary on whether you have the right to access preventative services like PrEP without parental consent. There are no state or federal laws that explicitly prohibit minors from accessing PrEP, but you should search for laws specific to your state for details.
Many states don’t have health confidentiality protections for minors, so it’s extremely likely for your guardian to find your status if you get tested at your primary provider – especially if your doctor bills your family’s insurance company for the test. For this reason, many LGBTQIA+ community centers provide free confidential HIV testing to encourage youth to get tested without fear that their authority figures will discover they got tested.
While many US states and territories require you to disclose your HIV status, you’re only required to disclose it to certain people. At the time of this article, thirteen states require you to disclose your status to potential sexual partners, while four require disclosure to anyone you share a needle with.
Depending on the state, failure to disclose status can lead to life in prison. You do not have to disclose to anyone else – including your family or friends. While most American employers have the right to ask about your health in certain fields, you don’t have to disclose it to your workplace in most cases. The Americans with Disabilities Act protects you from anti-HIV discrimination – which means hiring managers can’t ask you about your health and companies have to make reasonable adjustments as needed. These protections also apply within education, so you’re not required to disclose your HIV status to anyone at school unless you reside in a state requiring disclosure for potential sexual partners or needle sharing.
AIDS Drug Assistance Program@ adap.directory / Patient-centric project that provides HIV-related services and prescription medication to hundreds of thousands of people in the United States by linking individuals with their local state or territory agency.
AIDS Healthcare Foundation @ aidshealth.org / 323-860-5200 / International nonprofit based in Los Angeles that operates a network of HIV services in over 40 countries across Latin America, Africa, Asia, and Europe.
Asian Pacific AIDS Intervention Team @ apaitssg.org/ Grassroots AIDS service organization centered on Asian and Pacific Islanders with HIV, based in the United States.
Bienestar Human Services @ bienestar.org / US community-based social services organization that caters to Latino Americans living with HIV, especially LGBTQIA+ Latino Americans.
Black AIDS Institute @ blackaids.org / Think tank that aims to end the HIV/AIDS epidemic in the Black American community through awareness messaging, information, and robust programs.
CDC-INFO @ cdc.gov / 800-232-4626 / Live support to help Americans find the latest and reliable science-based health information, including CDC guidance and resources.
Global Network of People Living with HIV @ gnpplus.net / Network operated by people living with HIV for people living with HIV, regardless of geographic location.
HIV/AIDS/Hepatitis C Nightline / 800-273-2437 / US hotline providing support for people living with HIV or Hepatitis C as well as their caregivers.
HIV. GOV @ hiv.gov / Offers information about HIV/AIDS prevention, treatment, and resources for anyone in the United States.
HIV.GOV Service Locator @ locator.hiv.gov / Location-based search tool managed by the United States Department of Health and Human Services to allow anyone to find local HIV testing services, housing providers, health centers, PrEP, PEP, and other related needs.
HIV Management Warmline / 800-933-3413 / Non-emergency telephone service for questions about HIV, antiretroviral therapy, HIV clinical trials, and laboratory evaluation in the United States.
International AIDS Society @ iasociety.org / Research-based organization that develops holistic approaches to HIV/AIDS treatment and prevention.
International Planned Parenthood Federation @ ippf.org / 202-987-9364 / Global healthcare provider that has been a leader in sexual and reproductive health for all since 1952.
Latino Commission on AIDS @ latinoaids.org / Nonprofit organization in response to the critical unmet need for HIV prevention, treatment, and education in the Latino community in the United States.
LGBT National Help Center @ lgbthotline.org / 888-843-4564 /Free and confidential peer support, information, and local resources where volunteers help connect you to other groups and services in the US. Also maintains a coming out hotline, youth talkline, and senior hotline.
National AIDS Hotline / 800-243-2437 / Federal hotline to refer the general American public to relevant state and local resources.
National AIDS Treatment Advocacy Project @ natap.org / 212-219-0106 / Nonprofit corporation in the United States that educates individuals on HIV treatments on the local, national, and international levels.
National Clinician Consultation Center @ nccc.ucsf.edu / 833-622-2463 / Teleconsultation resource that educates US healthcare providers with information and answers on HIV and Hepatitis C.
National Minority AIDS Council @ nmac.org / Advocacy nonprofit that provides training and resources catered to marginalized communities in the United States.
National Native HIV Network @ nnhn.org / Indigenous-led network that mobilizes American Indians, Indigenous Americans, Alaska Natives, and Native Hawaiians towards community action.
NIH Office of AIDS Research @ hivinfo.nih.gov / 800-448-0440 / Confidential answers to questions on HIV/AIDS clinical trials and treatment in the United States.
PEPline / 888-448-4911 / Hotline for individuals interested in information about PEP, especially those who have been possibly exposed to HIV while on the job in the United States.
Perinatal HIV Hotline / 888-448-8765 / Resource hotline available 24/7 in the United States for pregnant people living with HIV to find answers and tools.
Positively Trans @ transgenderlawcenter.org / Program through the Transgender Law Center to support transgender people living with HIV in the United States.
Positive Women’s Network @ pwn-usa.org / Advocacy and resource organization for women living with HIV.
PrEPline / 855-448-7737 / Hotline about how to start, continue, or manage use of PrEP for HIV within the US.
Ryan White HIV/AIDS Program @ ryanwhite.hrsa.gov / National services and resources for low-income individuals living with HIV in the US.
TheBody.com Hotline @ thebody.com / News site based in New York that centers on publishing HIV-related information.
The Trevor Project @ thetrevorproject.org / 866-488-7386 / The leading suicide prevention and crisis intervention organization centered on LGBTQIA+ young people in the United States. Offers 24/7/365 information and support to those ages 13 to 24 with trained counselors via call, text, or instant message.
The Well Project @ thewellproject.org / United States nonprofit that primarily supports women and girls living with HIV/AIDS.
Trans Lifeline @ translifeline.org / 877-565-8860 / Transgender-centered crisis organization that does not use involuntary intervention/forced hospitalization to provide support to transgender people through fully anonymous and confidential calls within the United States and Canada.
UNAIDS @ unaids.org/ 41-22-595-59-92 / International agency that seeks to end AIDS as a public health threat by 2030 and has operated since 1996 to assist the United Nations in combating HIV and AIDS.
At the beginning of February, I created a set of shareable images of actions anyone can take if they’re feeling angry, upset, or otherwise motivated due to the current anti-trans political climate. It’s a fantastic starting point as a guide – this post is more advanced for folks wanting additional context.
DISCLAIMER: This guide does NOT promote illegal activity and does not incite the public to violate the law. This article is strictly for informational purposes and takes no responsibility for what individuals do with this information.
Why act? Why does it matter?
It is easy to give in to hopelessness. The world can be a terrible place and there are individuals in power whose mission is to eradicate transness alongside other people deemed invaluable by themselves and the organizations that support them. There has never been a time within human history without queerness and there will never be a time without us – the world is overwhelmingly a better place with trans folks like you and me in it, which is why we must act. It is unfair and exhausting, but do not let bullies push you out of existence – your life is worth fighting for, as are the future lives of transgender kids and the past histories of transgender elders they erase.
Most Americans are not aware of what is going on. The United States is one of the best countries in the world at distributing propaganda to its citizens, and most Americans lack media literacy skills regardless of their age, political affiliation, or educational background. Americans are not stupid, but most of us are unable to connect the dots on how fascism is taking hold in our government based on past fascist regimes. Currently, mainstream American media is owned and controlled by the Republican party – this isn’t an exaggeration. Large news sites like the New York Times and Washington Post are being censored by their billionaire owners, and similar actions are being done by television media like CNN by moving ‘controversial’ hosts to worse spots. The top social media platforms also fall into this, with sites like Facebook, Twitter/X, Instagram, and even TikTok catering to the GOP. Google changed the official name of the Gulf of Mexico to the Gulf of America while removing Black History Month and LGBTQIA+ topics and doodles.
Why? Personally, I think Mark Zuckerberg and Facebook are great case examples. At the end of the day, Zuckerberg and most other insanely wealthy people do not subscribe to the ideas or politics of the GOP: they’re in the business of making as much money as possible, regardless of the political party in power. Many were shocked when Facebook officially released its new rules stating harmful speech against transgender folks was no longer considered hate speech on the platform – but Mark is attempting to appeal to what he believes will get him the most profit. These term updates and making the office “more masculine” aren’t that different from when Facebook changed into a rainbow logo in June. Similarly, Bezos barred the Washington Post from making a political endorsement in 2024 because he feared making the ‘wrong’ endorsement would harm profits since an angry Trump would be liable to use his political power to persecute his enemies. Elon is super-gluing himself to Trump’s backside because he believes it will produce the most profit. Unfortunately, the same thing happened during Hitler’s rise to power and Nazism as BBC History writes, “The elites [of 1930s Germany] thought they could ride Hitler like a horse. But they soon discovered that they were the horse and that Hitler was the horseman.” Like those German elites, today’s American billionaires believe they can use fascism to deepen their pockets – even if they lack the foresight or integrity to see how terrible a decision that is in the long run.
Combined, most of the actions I recommend circle around visibility. If the American public cannot see our anguish because we are being censored by mainstream media, then we must draw attention until they are unable to censor us.
That being said, I’m a strong believer that there is more than one way to be an activist and incite change. For a movement to work, we can’t all be on soapboxes and leading marches: to lead a successful demonstration in your community, you need leaders but you also need folks well-versed in first aid, marketing, security, and empathy to make it work. I’m a fan of education as a form of activism (hence this blog) – there’s so much value in meeting people where they are and opening their values to social justice. The American public largely wants ‘radical’ programs like universal healthcare, better wages, and marriage equality, but they lack the language to see their value beyond the GOP versus Democrat binary that pushes them to see anything ‘radical’ as un-American and communist. When considering what actions you want to take, that’s worth remembering: to win the American public over and see our struggle, we have to cater to their human nature and play to their values. Our fight is everyone’s fight in the war on fascism, so open them up to ideas like fascism is inherently un-American, hatred is un-Christlike, and anyone who preaches hatred over empathy should be questioned.
All of the actions discussed can be performed with or without a large group. Many forms of social change can be carried out best with a small group of tight-knit folks united by a common cause (also known as an affinity group) – so empower yourself and your friends to get out there. Every action, no matter how small, is valuable. Even if just one person sees your message before it is removed or censored, it matters and is worth the effort.
Do Not Comply: In Advance or Otherwise
“Most of the power of authoritarianism is freely given. In times like these, individuals think ahead about what a more repressive government will want, and then offer themselves without being asked. A citizen who adapts in this way is teaching power what it can do.” – On Tyranny by Timothy Snyder
Laws do not dictate morality and something being legal does not make it okay. Fascism relies on obedience and thrives when individuals obey in advance. We are already witnessing this – upon Trump’s executive orders, hundreds of hospitals immediately halted transgender care in fear of violating the administration’s unjust orders. Upon Trump’s return to the White House, sites like Facebook preemptively changed its guidelines to harm transgender users. When Trump banned DEI via order, thousands of companies compiled without a second thought because it is easier to follow unjust laws than it is to sue or refuse to obey.
OnTyranny goes into this a great deal, and I recommend the entire book – it’s easy to follow and uses historical examples from previous fascist regimes, and compares them to modern times. Snyder explains, “If lawyers had followed the norm of no execution without trial, if doctors had accepted the rule of no surgery without consent, if businessmen had endorsed the prohibition of slavery, if bureaucrats had refused to handle paperwork involving murder, then the Nazi regime would have been much harder pressed to carry out the atrocities by which we remember it.” In other words, fascism would not have been able to flourish if the public had been resistant or refused to comply with terrible rules. Remind people of their values, personal and professional ethics, and their role in preventing tragedy. Call out institutions and people who comply in advance. Offer space to change and learn, and encourage them to stand up.
Call Your Reps
This action is… Legal!
Admittedly, this is hard to do – it’s easy to be overwhelmed with life and be too socially awkward to call your elected officials. No matter your social skills, you’re entitled to be heard by your representatives because they work for you.
Emails, written letters, and petitions usually get dumped directly into the trash before being read. Some officials are better than others about reading these, but they’re commonly disregarded unless they’re presented in a remarkable way. Phone calls are harder to ignore – which is why Republicans call a LOT. On an average day, right-wingers call their elected officials four times compared to others. When specific issues come up like queer rights being included on an upcoming bill, that number skyrockets 11:1. Unlike unread emails and letters, representatives have to listen to phone calls. Officials assign staff to listen to all callers every day and report on the top issues via a summary. When a topic gets enough attention, that representative will be pushed to take a stance based on the views of their callers since they’re assumed to be voting constituents – even if that view contradicts their party platform.
The phone numbers of all elected officials in Congress are publicly available. Some people find it helpful to save these numbers in their contact list to call regularly. If you don’t know who represents you in Congress, usa.gov/elected-officials will give you current information based on your address to direct you. Take the information there and insert it into house.gov and senate.gov to get the contact details of your officials. You will likely be sent to their personal website, which you will need to navigate to find their phone number – most ‘contact’ forms will try to force you to stop at an email, so look for something like ‘offices.’
When calling, make sure you have a script. It’s easy to stumble over your words, especially as you’re calling about issues that matter deeply to you. After enough practice, you’ll be able to call without a script – but there’s no rush. I have a practice script focused on DOGE, but it’s not hard to write one with AI tools like ChatGPT available to organize your thoughts.
Anyone Can Write
This action is… Legal!
Even if major media outlets are catering to fascism, news isn’t dead. Everyone and anyone is qualified to write op-eds and letters to the editor. A select number is published in print and online with each release, letting your message be read by thousands. Opinion sections have been used to highlight political topics for decades since it’s a free way to publish your work. The following buttons direct you to relevant places for both the Post and NYT.
Major news publications have thousands of writers submit their work each day – so you are less likely to be published compared to other outlets. That doesn’t mean it isn’t worth it – keep writing until you get published, and then keep writing for the cause. Look up the specific submission guidelines for your local, regional, or national news of choice. All newspapers (as well as many other media outlets) invite reader submissions.
Make Your Mark
This action is… Illegal!
It’s easy to post flyers, stickers, and other messages in your community. You can look up a recipe for wheat pasting, the old-school method of sticking flyers, online – or you can purchase a can of high-strength spray adhesive at any local home improvement store. Like always, public libraries are your friend since they offer printing services significantly cheaper than commercial alternatives like Staples or Office Depot – some libraries have self-service stations that allow you to print without getting the help or approval of staff.
Label 228s are free stickers issued by the United States Postal Service meant to allow the general public to easily write addresses on packages. These labels can even be ordered and mailed for free directly to your home – which is why they became widely associated with graffiti culture beginning in the 1990s. ‘Slaps’ are easy to access, decorate, and adhere to – but it’s technically illegal to use Label 228s for non-mail purposes.
Some places are more legal to tag than others. Walls, utility poles, and public restrooms are generally considered illegal unless you have permission from the city or business owner. Of course, in the words of many graffiti artists who use spray paint, paint markers, and other tools to leave their mark: “No face, no case.” On the other end of the spectrum, lots of community venues have public boards where anyone can place flyers – but a political or pro-trans message may be likely to be taken down in these locations.
Under Title 18, Section 333 of the United States Code, defacement of currency is a punishable crime. Defacement is defined as mutilating, cutting, disfiguring, perforating, uniting, or cementing together bills with the intent to make them unfit to be used – but it leaves two things to note. One, it’s only a crime if you are caught defacing currency – it’s not a crime to have defaced money and there is no way to know who wrote what on a bill which is why money defacement is an unprosecutable crime. Secondly, writing on money is not considered defacement despite what most people believe.It’s actually commonly used to spread messages regarding social change since cash is widely used.
Okay, spreading information as a whole is not illegal – but the following method is. Most people have a mailbox to receive items through the postal service – these mailboxes must be kept safe and easy to access for packages to be regularly delivered. It is illegal to place items in mailboxes if you are not authorized postal personnel (ex. a mail carrier or rural mail carrier) since without postage, it’s considered tampering with mail and a violation of federal law.
It is fully legal to send mail through the postal service, but you’ll have to pay postage. As long as the mail doesn’t violate any major rules, the USPS will send it – including junk mail. USPS even has an online tool to allow you to send mail in bulk based on zip code, “Every Door Direct Mail.” However, it is extremely uncommon for people to be arrested or prosecuted for placing mail directly into someone’s mailbox without postage or the USPS. Generally, this law only gets brought up when local companies try to send a ton of junk mail to communities.
Similarly, it’s sometimes legal to put flyers on cars and other personal transportation. Even when cars are parked in public areas, it can be considered trespassing since the car is private property – but these laws fluctuate too greatly to make large-scale assumptions. Look up your local laws to determine if it’s legal in your area or risk getting into trouble if you’re caught.
Show Up
This action is… Legal!
The Constitution guarantees the Freedoms of Speech, Assembly, and Petition to ALL people within the United States – regardless of citizenship, political view, gender identity, sexuality, race, ethnicity, class, etc. In relation to social change,these rights give you well-protected status to be in ‘traditional public forums’ like streets, parks, sidewalks, and government buildings. When demonstrating in these spaces, you don’t need a permit to protest, picket, hand out flyers, or speak out as long as you’re not blocking traffic.
Some cities require individuals to fill out permits to hold demonstrations regardless of whether they’re in a public forum. It’s up to you whether you want to complete the appropriate paperwork or go for the “ask for forgiveness later” approach – again, remember you have the right regardless of permit regulations.
Stay in Touch
This action is… Legal!
Keep community connections and share information about upcoming actions in your social network. In deeply dangerous times when fascism is at its worst, it is easy for the general public to forget about the marginalized since those in power work to cover up the inhumane damage caused. By being a regular person in your community, you establish a connection that can’t easily be forgotten. When people realize they know a trans person, it’s difficult to demonize us once we are seen as people.
“Make eye contact and small talk. This is not just polite. It is part of being a citizen and a responsible member of society… A smile, a handshake, or a word of greeting—banal gestures in a normal situation—took on great significance. When friends, colleagues, and acquaintances looked away or crossed the street to avoid contact, fear grew.” – On Tyranny, Chapter 12
As mentioned at the beginning of this article, most actions can be done alone or with just a few friends. If you’re engaging in high-risk work that dabbles in activities either illegal or disliked by political opponents, you should learn some digital safety. Learn more about activism and digital safety here. As Snyder elaborates, “Nastier rulers will use what they know about you to push you around. Scrub your computer of malware on a regular basis. Remember that email is skywriting. Consider using alternative forms of the internet, or simply using it less. Have personal exchanges in person. For the same reason, resolve any legal trouble. Tyrants seek the hook on which to hang you. Try not to have hooks.”
Lastly, it is important to stay up-to-date on current events – even if it’s triggering and exhausting. Fascism works best when it overwhelms you, but it is important to keep acting. This is difficult to do even when fascism is at bay, but an uninformed activist isn’t capable of much change. Pick a few select news sources that you can trust as reliable and do not feed into sensationalism – enough to keep you current on events, but not too much to overwhelm.
Disclaimer: Most of these rights are centered on United States law. Please research your local laws and community organizations if you reside outside the US.
Glossary & Definitions
If there’s one thing people can agree on regarding the law, it’s that the legal system uses many confusing words with zero context for everyday people. Here are the top terms lawyers and legal experts want you to know.
PLAINTIFF
A person or group who initiates legal action by bringing up a lawsuit, claim, or complaint to court against someone else. Their job is to present their case, provide evidence, and seek some type of legal remedy – but they bear the “burden of proof,” which means they have to demonstrate that the defendant is responsible.
Plaintiffs are in civil cases – court cases usually over money, injury, or personal rights between two groups. Criminal cases are led by government entities and use prosecutors instead of plaintiffs. In other words, anyone can be a plaintiff and go to civil court – only people representing the government such as “The United States of America” or “The State of Ohio” can lead criminal cases as prosecutors.
DEFENDANT
A person or group that a lawsuit has been filed against – someone else has filed legal action against you. In contrast to plaintiffs, defendants are in both civil and criminal cases and are given the task of defending themselves in court to undermine the plaintiff or prosecution’s allegations.
JURISDICTION
Whether or not a judge, court, or law has authority based on geographic location, subject matter, or the parties involved.
GEOGRAPHIC JURISDICTION is based on the physical boundaries a law or court has power over. A court in Florida has the authority to pass judgment regarding a law in Florida, but they don’t have the authority to pass judgment on a case in Georgia. The legal system is separated into the federal (or national) level, state level, and local level – which is further separated into districts (also known as regions), counties, towns, and even neighborhoods. On the other end of the spectrum, cases involving international laws, wars, or countries themselves are judged in international court. Remember broad categorieslike international and national/federal refer to rights and laws that apply to everyone in the country, state rights and laws affect people who live in a specific state or territory, and local laws only apply in certain regions like cities or counties.
SUBJECT MATTER JURISDICTIONis based on the subject matter the court case is actually about. Not all courts are equal – even if they’re considered to be at the same level. There are specific courts for family law, tax law, criminal law, intellectual property law, etc. For example, family law courts can’t pass judgment over intellectual property cases and vice versa.
PERSONAL JURISDICTION makes geographic jurisdiction more complicated. Personal jurisdiction applies to individuals when they break a law or commit some grievance – even if they’re physically outside of the geographic jurisdiction of that law. Prosecutors have to prove that they have a right to pursue personal jurisdiction cases that reside outside of their geographic boundaries. Within current events, personal jurisdiction is the most common force behind crimes and penalties put upon people seeking abortions or gender-affirming care across state lines.
ORIGINAL/APPELLATE JURISDICTION is based on which courts get to pass judgmentover a case first. Original jurisdiction refers to courts that have the authority to hear a case first, whereas appellate jurisdiction is reserved for courts that have the authority to review the decisions made by lower original courts. Appellate courts can reverse cases or require a re-trial if they believe something went wrong the first time, but they don’t judge cases on their own.
DUE PROCESS
The minimum legal requirements that legal systems have to provide to ensure fair and impartial decisions. In the United States, this means individuals do not lose their right to life, liberty, or property without a fair hearing – individuals must be given the opportunity to present evidence, confront witnesses, and have legal representation.
DISCOVERY
The process where parties involved in a lawsuit exchange information and evidence related to a case. Within the pre-trial phase of a lawsuit, both sides of a case are entitled to gather and review facts, documents, and testimonies for their argument. The discovery process is meant to ensure a fair and transparent case with the best chance for a negotiable outcome.
PRECEDENT
A legal decision that sets a standard for future similar cases. Precedents are most common within common law systems like the United States compared to civil law systems like the European Union. Courts are still allowed to make decisions different than previous cases, but they have to argue why they are choosing to rule differently – precedent is one of the foundations within our legal system meant to create consistency and predictability.
STATUTE OF LIMITATIONS
The time limit a legal claim or lawsuit must be filed to be considered valid. Claims have expiration dates, detailed by the subject matter, jurisdiction, and law – you have a set maximum time to file for alleged harm or risk your claim becoming lost. Statutes of limitations exist to provide certainty and finality to the law – as time passes, evidence is often lost and memories fade into less concise testimonies.
PRO BONO
Legal services that are provided for free or at a reduced rate to those in need. Pro bono work is most often performed by attorneys who want to provide aid to those who can’t traditionally afford it – like workers’ rights, immigration, civil rights, and criminal defense. It’s encouraged by most legal organizations and bar associations since it benefits the common good by allowing legal experts to give back to their communities.
And in case that wasn’t enough legal jargon for you, the Administrative Office of the United States Courts maintains an extended glossary of legal words on their website.
Everyone is equal, regardless of race, color, language, religion, politics, or national origin.
Everyone has the right to live in freedom and safety.
Everyone has the right to be free from slavery.
Everyone has the right to be free from torture.
Everyone has the right to be recognized by the law.
Everyone is considered equal before the law.
Everyone has the right to a fair trial.
Everyone has the right to be presumed innocent until proven guilty.
Everyone has the right to seek justice.
Everyone has the right to freedom from arbitrary arrest, detention, and exile.
Everyone has the right to privacy and freedom from attacks on their reputation.
Everyone has the right to movement.
Everyone has the right to seek asylum.
Everyone has the right to a nationality.
Everyone has the right to marry and have a family, or not to.
Everyone has the right to own property.
Everyone has the right to freedom of thought, conscience, and religion.
Everyone has the right to strike, as well as just and favorable conditions at work.
Everyone has the right to equality between men and women.
Everyone has the right to choose and accept work.
Everyone has the right to be treated with humanity in detention.
Everyone has the freedom from arbitrary expulsion, including non-citizens.
Everyone has the freedom from child exploitation.
Everyone has the right to public service and to take part in the government.
Everyone has the right to social security.
Everyone has the right to work, equal pay, protection from unemployment, and the right to unionize.
Everyone has the right to rest and leisure.
Everyone has the right to freedom of expression and opinion.
Everyone has the right to peaceful assembly and association.
Everyone has the right to a decent standard of living, which includes food, clothing, housing, medical care and health, and social services.
Everyone has the right to education.
Everyone has the right to undertake scientific and creative research.
Everyone has the right to culture, art, and science.
Even though the United States is a member of the United Nations, it’s only agreed and ratified FIVE human rights treaties: the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1994), the International Convention on the Elimination of All Forms of Racial Discrimination (1994), the International Covenant on Civil and Political Rights (1992), Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2002), and Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution, and Child Pornography (2002). The United States has signed but not fully ratified the International Covenant on Economic, Social, and Cultural Rights (1977), Convention on the Elimination of All Forms of Discrimination Against Women (1980), Convention on the Rights of the Child (1995), and Convention on the Rights of Persons with Disabilities (2009) – and failed to sign many, many others. This is largely why the United States has a growing list of human rights violations according to the international courts.
Did you know you can file a human rights violation?
If you believe any of your international rights as listed above have been violated, you’re entitled to file a formal complaint with the United Nations – regardless of whether you’re just one person, an entire community, or an organization. Filing a complaint is the first step in creating documentation that wrongdoing is taking place – we live in a world filled with bureaucracy, and the United States is one of many countries that would ideally like to erase any history of its wrongdoing. Complaints filed apply if your country is simply a member of the United Nations, regardless of whether they’ve ratified or signed a human rights treaty. As of the time of this article, there are 201 countries around the world – and 193 of them fall under this status as members of the UN.
Federal laws apply throughout the entire United States, regardless of state or territory – or whichever country you’re living in. In addition to international rights, these laws and rights also apply – but there is no singular list since there are hundreds of laws passed each year. The following is a condensed version of rights guaranteed by the US Constitution and Bill of Rights.
Everyone has the freedom of religion, speech, press, assembly, and petition.
Everyone has the right to not house soldiers during times of peace.
Everyone has the right to a fair trial among their peers in both criminal and civil court and cannot be penalized for the same crime twice.
Everyone has the right to not be a witness against themselves under oath.
Everyone has the right to a speedy and public trial with an impartial jury.
Everyone has the right to confront witnesses against themselves in court.
Everyone has the freedom from excessive bail and fines as well as cruel and unusual punishments.
Everyone has the right to become the President of the United States, as long as they are native-born United States citizens.
Everyone has the right to vote, as long as they are a United States citizen, regardless of race, color, gender, or class.
Everyone has the right to bear firearms and form militias.
Everyone has the right to property, home, and self and cannot be searched without a warrant or probable cause.
Everyone has the right to not be deprived of life, liberty, or property without a fair trial.
Everyone has freedom from property being taken for public use without fair compensation.
Everyone has the right to be fully informed of alleged crimes held against them.
Everyone has the right to legal representation and counsel, even if they cannot afford one.
Everyone has the right to serve as a member of Congress, as long as they are United States citizens.
Everyone has the freedom from slavery outside of criminal punishment.
Rights explicitly granted in the United States Constitution have the greatest authority: the Constitution is used to determine whether various laws, ordinances, and orders passed are legal. If a court believes a law goes against the Constitution, that law will be made void. However, amendments (or official revisions/additions) to the Constitution are difficult to make – they require a two-thirds majority vote in Congress and must be ratified by three-fourths of US states. The Constitution has the greatest amount of power, followed by court cases decided by the Supreme Court, then national laws passed in Congress, executive orders through the President’s administration, and finally state and local laws. Given the power of the Constitution, an Equal Rights Amendment has been proposed on and off since 1971 to cement many of the rights given (and taken away) by court cases like Roe v. Wade, Loving v. Virginia, Lawrence v. Texas, and Obergefell v. Hodges.
Know Your Federal LGBTQIA+ Rights
🍆SAME SEX ACTIVITY
LEGAL
Same-sex sexual activity has been federally decriminalized since 2003 when sodomy laws were ruled unconstitutional by the Supreme Court in Lawrence v. Texas. As a result, all anti-sodomy laws in the United States were rendered unenforceable regarding private, consensual settings. Additionally, sodomy laws were removed from the United States military in 2014 through the repeal of “Don’t Ask Don’t Tell.” Other relevant court cases include National Gay Task Force v. Board of Education andUnited States v. Marcum.
Disclaimer: Lawrence v. Texas was one of the named cases by the US Supreme Court to be revisited and possibly overturned after the overturn of Roe v. Wade. In the event Lawrence v. Texas was overturned, any type of sex not meant for procreation or reproduction would automatically be criminalized in states and territories that did not repeal their sodomy laws before 2003. This includes Florida, Georgia, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, South Carolina, Oklahoma, Kansas, Kentucky, and Texas.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity.
🔞AGE OF CONSENT
LEGAL
The age of consent refers to the minimum age an individual must be to consent to sexual activity. Some age of consent laws depend on the exact age of those involved, while others depend on whether there is a difference in power and authority. Additional exceptions apply if someone is unable to give consent due to duress, substance use, illness, or developmental disability.
The federal age of consent is 18 – although the federal limitation rarely applies. The federal age is only used in cases where the sexual activity involved federal property, if state lines were crossed, or if the solicitation was online. Instead, the age of consent varies (typically between the ages of 16 to 18) based on state. More exemptions exist to state age of consent laws, such as Romeo and Juliet laws which place the age of consent as low as 13 in some states. The only state with an age of consent higher than 18 is the state of Washington, which has a general age of consent of 16 but an additional law barring sexual relationships between school teachers, administration, and other employees with students under the age of 21.
All US states have an equal age of consent for both heterosexual sex and queer sex, placing LGBTQIA+ people within the same laws and protections regarding statutory rape. This is not necessarily the case elsewhere in the world – in 2019, the age of consent for cisgender heterosexual teenagers in Chile was 14 while the age of consent for LGBTQIA+ teenagers was 18.
Lastly, there are several federal laws that regulate the distribution of sexual materials. The Communications Decency Act of 1996 bans the electronic access of obscene material to anyone under the age of 18, whereas Title 18 United States Code Section 1470 outlaws material through the US mail system, interstate, or foreign commerce to those under 16. These laws and restrictions also penalize minors, who can be charged for sexting other minors or possessing sexual material of themselves.
💃PERFORMANCE
MOSTLYLEGAL ✅
There are currently no federal bans or restrictions on drag performance – throughout most of the United States, drag performance is regulated the same as other non-sexual dance and performance arts with specific limitations for when (and if) a drag performance is sexual. At the time of this article, six states have enacted laws to potentially restrict drag performances. —
Arkansas = SB 43 (2023) purposely uses language to potentially restrict drag performance as an “adult” or “sexual” business but does not explicitly ban drag.
Florida = SB 1438 (2023) purposely uses language to potentially restrict drag performance as an “adult” or “sexual” business. However, SB 1438 has been blocked by federal court since June 2023 as unconstitutional HM Florida-Orlando v. Florida) – but Florida plans to override and appeal this ruling.
Montana = HB 359 (2023) explicitly restricts drag performance and is used in conjunction with HB 234 (2023) to also restrict other LGBTQIA+ content via obscenity law. However, HB 359 has been blocked by federal court since July 2023 as unconstitutional (Imperial Sovereign Court et al v. Knudsen).
North Dakota = HB 1333 (2023) purposely uses language to potentially restrict drag performance as an “adult” or “sexual” business.
Tennessee = SB 3 (2023) and HB 9 (2023) explicitly restricts drag performance. However, SB 3 and HB 9 have been unenforceable since a federal court order in March 2023 and ruling in June 2023 as unconstitutional (Friends of George’s Inc. v. Mulroy) – but Tennessee may still choose to override and appeal this ruling.
Texas = SB 12 (2023) purposely uses language to potentially restrict drag performance as an “adult” or “sexual” business. However, SB 12 has been blocked through federal court rulings in August 2023 and September 23 as unconstitutional (Woodlands Pride et al v. Colmenero et al, Vortex Repertory Co. et al v. Colmenero et al) – but Texas may still choose to override and appeal this ruling.
Most material in the United States is evaluated by the “Miller test” from Miller v. California, Smith v. United States (1977) and Pope v. Illinois (1987). Courts use the Miller test to determine whether a material is legally permissible in the United States if
The average person would find the material erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid using contemporary adult community standards,
The average person would find the material offensive using contemporary adult community standards,
AND the average person would find the material has zero serious literary, artistic, political, or scientific value.
Material (sexual or otherwise) can only be banned in the United States if it fulfills all three components of the Miller test – although material can be restricted to ensure it cannot be accessed by minors.
Other major rights and court cases related to drag bans and performance censorship include One, Inc. v. Olesen andManual Enterprises, Inc. v. Day, which use the Miller test to permit adult LGBTQIA+ material in the United States.
Jim Obergefell, the named plaintiff in Obergefell v. Hodges, speaking outside of the Supreme Court.
In 2022, President Joe Biden signed the Respect for Marriage Act into law, giving additional protection to same-sex and interracial marriage in the event that Obergefell v. Hodges or Loving v. Virginia is overturned in the same manner as Roe v. Wade by the Supreme Court. It also repealed the 1996 Defense of Marriage Act, which barred same-sex couples from receiving the same marriage benefits heterosexual couples received such as Social Security and tax benefits. However, the majority of states (31 in total) have statutory or constitutional bans on same-sex marriage if the protections of the Respect for Marriage Act and Obergefell v. Hodges were lost.
Although there are no federal laws protecting LGBTQIA+ people’s access to equal domestic and sexual violence programs, all US states have included clauses giving equal rights to those programs to unmarried individuals, regardless of sexual orientation or gender identity. Further, the Violence Against Women Act supports all survivors of intimate partner violence, domestic violence, sexual assault, or stalking – regardless of sexual orientation or gender identity. VAWA grants access to various violence programs, such as crisis centers, legal aid, education, support groups, hotlines, counseling, housing, etc. VAWA agencies cannot discriminate against LGBTQIA+ people, just as they cannot discriminate against race, national origin, religion, or disability.
VAWA agencies are open to all men, women, and nonbinary people affected by sexual and domestic violence. Another client complaining about being around a transgender person does not give the program an excuse to discriminate – alternative accommodations can be made, but cannot limit services based on a “heckler’s veto.”
The type and amount of information an adoptive family receives from the birth family is regulated at the state level, as are putative father registry laws. The Adoption and Safe Families Act of 1997 sets federal minimum requirements on adoption procedures, while the Multi-Ethnic Placement Act of 1994 federally prohibits discrimination based on race, color, or national origin and the Indian Child Welfare Act ensures tribal rights and involvement in Native American adoptions. Despite not being a federal law, the Interstate Compact on Placement of Children is a statutory agreement between all US states regarding the transfer and placement of children between states, and all US states have safe haven laws to protect birthmothers the ability to legally and confidentially relinquish newborns in designated locations.
Nondiscrimination in adoption services based on sexual orientation or gender identity is not protected by the federal government – and while same-sex couples are permitted to adopt in all US states, each state has its own rules regarding discrimination and who is qualified to adopt a child. The majority of adoption agencies deem couples eligible based on their personal standards of what is in the best interest of the child, although Fulton v. City of Philadelphia establishes legal protection against anti-LGBTQIA+ discrimination in government-sanctioned foster care agencies.
Biological children of US citizens are automatically given United States citizenship, regardless of whether their own citizenship is through birthright or naturalization. This does not necessarily apply to children born abroad from naturalized citizens, although this is currently protected through the court decisions in Mize-Gregg v. Pompeo and Kiviti v. Pompeo.
Transgender individuals are not automatically covered by the same protections as same-sex couples. There are no federal laws that protect custody rights or discrimination in child-related custody. Custody is determined by family law based on the “fitness” of each parent to raise a child during separation, which varies based on the local court deciding over the case. While a parent being transgender has not been shown to cause any harm to a child or their upbringing, transgender status is often discriminated against in court based on “mental or social harm” to the child to take away custody and visitation rights.
🤫CENSORSHIP
ILLEGAL ✅
There are no federal restrictions that censor LGBTQIA+ topics, issues, or identities, also known as “Don’t Say Gay” laws. The First Amendment Right to Freedom of Speech grants protection at all levels, including public, private, and professional.
The recent spike of anti-LGBTQIA+ curriculum laws has created censorship within public schools in certain states such as Alabama, Florida, Indiana, Louisiana, Mississippi, Oklahoma, and Texas. Montana, Arizona, Arkansas, and Tennessee do not fully censor LGBTQIA+ topics in school but instead require parental notification for an opt-out program of instruction. These laws are largely based on repealed Section 28 of the British Local Government Act 1988 which prohibited material and figures in the government from “intentionally promoting” LGBTQIA+ identities and topics. As of the time of this article, all LGBTQIA+ censorship laws related to minors and education, such as the above “Don’t Say Gay” laws and book bans target schools and libraries that interact with young people. These censorship laws have not gone to federal court, but their legality varies on the court’s distinction between educators’ right to free speech and develop curriculum versus states’ right to mandate censorship.
The majority of anti-LGBTQIA+ censorship not related to education in the United States is done privately by corporations rather than legislation out of fear of losing business contacts in countries with LGBTQIA+ censorship laws in place, such as China and Russia. The Hays Code, or Motion Picture Production Code, was the main censorship guideline that prevented LGBTQIA+ portrayals in media – however, the Hays Code was not official legislation, but rather guidelines followed by the film industry as a whole until the Hays Code was abandoned in 1968.
🏫EDUCATION
LEGAL ✅
Within United States public schools, LGBTQIA+ students have the federal right to speak openly about their gender identity and sexual orientation under the First Amendment Freedom of Speech and Tinker v. Des Moines (1969). Additionally, LGBTQIA+ students have the federal right to form queer student-led organizations like GSAs (Gay-Straight or Gender-Sexuality Alliances) in public schools that facilitate extracurricular activities via the Equal Access Act of 1984 and Colín v. Orange Unified School District (2000) – all students and student organizations must have the same access and opportunities, regardless of sexual orientation, gender identity, or political affiliation. These rights are maintained even in states like Florida, Indiana, and North Carolina where “Don’t Say Gay” laws are in place – while some states are regulating the ability of school staff to discuss LGBTQIA+ issues with students, students have the well-established right to express themselves. The majority of legal issues involving students should be directed at GLSEN, Lambda Legal, or the ACLU.
In a similar vein, public schools that allow students to wear clothing with written messages or graphics (ex. T-shirts, buttons, hats) must not discriminate based on the message unless it can prove the message is verbally abusive, promotes illegal drug use, is especially lewd or profane, or will cause genuine and substantial disruption to teaching. As supported by the 2012 decision in Couch v. Wayne Local School District, schools are not allowed to censor or ban students’ materials because they include an LGBTQIA+ theme unless they ban all clothing and materials that contain messages entirely.
The federal courts have set a high bar for what schools are allowed to censor as “disruptive,” and the burden of proof falls on the school to prove. While LGBTQIA+ topics might be controversial, Hatcher v. DeSoto County Board of Education (2013) proved controversial topics are not disruptive enough to warrant censorship. The threats and harassment by other students, parents, or teachers also do not qualify for the federal standard for censorship within public schools and schools are not allowed to veto a student-led LGBTQIA+ organization on that basis, as determined by Nabozny v. Podlesny (1996), Flores v. Morgan Hill Unified School District (2003), and Romer v. Evans (1996). Instead, these court decisions set the federal regulation that public schools are required to intervene and take disciplinary action against the harasser since “there is no constitutional right to be a bully” and there is no “heckler’s veto” regarding the law. Like non-LGBTQIA+ students, queer students have the same right to report harassment and bullying as well as for their schools to intervene on their behalf.
United States public schools are not legally allowed to enforce gender-based dress codes based on biological or assumed sex – while schools are allowed to require dress codes, public schools are required by federal law to allow students to choose any of the dress options available despite associated gender roles through Title IX of the Education Amendments of 1972. File a Title IX violation here.
LGBTQIA+ students hold the same rights to attend school functions (such as school dances, field trips, athletic games, etc.) as their cisgender heterosexual counterparts, per the federal case Fricke v. Lynch (1980) through the understanding of same-sex relationships as a type of free speech. As mentioned above, schools are additionally required to intervene in the event of harassment by other students, parents, or teachers – abusive, violent, and intolerant speech is not covered within the free speech given to public schools, and schools have the responsibility to intervene. Further, public schools are barred from punishing LGBTQIA+ students and relationships more heavily than cisgender heterosexual ones on behaviors such as public displays of affection.
“To rule otherwise [in Fricke v. Lynch] would completely subvert free speech in the schools by granting other students a ‘heckler’s veto,’ allowing them to decide through prohibited and violent methods what speech will be heard. The first amendment does not tolerate mob rule by unruly school children… the school does have an obligation to take reasonable measures to protect and foster free speech, not to stand helpless before unauthorized student violence.”
The Family Educational Rights and Privacy Act requires public schools to keep personal identifying information about students private – including sexual orientation and gender identity. School staff are not allowed to share students’ medical histories or information with other students, teachers, parents, etc., and doing so is seen as putting the student in potential danger and outing them. However, parents and legal guardians have the additional right to access and view school records of their minors until the end of high school – which is why some US states have enacted laws requiring school staff to out LGBTQIA+ students to their parents or guardians, even if they are not legally allowed to share that information elsewhere.
It is up to each state’s discretion whether to require school staff to use chosen names and pronouns of transgender and nonbinary students, or ban such use and require staff to use legal names and pronouns as correlated based on their sex assigned at birth. There are no federal laws or court cases that protect transgender students in this way, although there may be executive orders depending on the presidential administration. Legal names and medical information only have to be used on a select few documents and are not required for the vast majority of items. While it is best practice to use the chosen name, title, and pronouns on transgender students’ paperwork, emails, uniforms, and other identifying information, the United States currently has no binding requirements to mandate their use on the federal level. While most consider purposely misgendering or deadnaming transgender students as harassment and discrimination, this has not been specifically coded into any laws or federal cases. Most public schools use outdated systems that make updating student information to reflect chosen identities difficult, but a task being complicated does not warrant denying a student’s rights.
While many states have explicit laws regarding bullying and harassment of LGBTQIA+ students, all American public school students are protected from bullying on the basis of their sexual orientation or gender identity through Fricke v. Lynch, Nabozny v. Podlesny, Colín v. Orange Unified School District, Henkle v. Gregory, and Flores v. Morgan Hill Unified School District. Public schools have a legal duty to intervene when witnessing any form of bullying, harassment, and other forms of discrimination – including anti-LGBTQIA+ bullying. Failure to do so has been well-established as negligence to student safety, regardless of whether the harassment occurred during school hours, on a field trip, the bus ride from school, afterschool functions, or official online spaces.
Transgender students have the right to use the restroom at school that best aligns with their chosen gender identity, and cannot be forced to use the restroom based on their sex assigned at birth – the federal case Whitaker v. Kenosha Unified School District established this right for both gender-segregated restrooms and locker rooms. Additionally, transgender students are protected under the Equal Access Act and Title IX of the Education Amendments of 1972. Despite this, several states have banned transgender people from using the restroom consistent with their gender identity in school spaces, including K-12 schools, colleges, and government buildings – although these bans have not been judged for their constitutionality in the Supreme Court. Additionally, each state has varying laws on whether transgender students must “prove” their ability to use the restroom or locker room of their choice – which may include medical diagnoses or transition-related care. Gender-affirming medical care such as hormone replacement therapy and puberty blockers are not legal in all US states and are the primary focus of the 2025 Supreme Court case United States v. Skrmetti. Under the Equal Access Act, all gender-neutral restrooms must be of the same standard as gender-segregated restrooms – best practices guide schools include allowing transgender and nonbinary students to choose to use gender-neutral restrooms rather than requiring them, although this is not encoded into any laws or court cases.
On January 29th, 2025, President Donald Trump signed the executive order “Ending Radical Indoctrination in K-12 Schooling.” This order goes directly against many of the established protections, laws, and court rulings that an executive order alone cannot overrule. Like most of Trump’s executive orders, it will be contested in order as states sue the administration’s overreach on state governance.
Trump’s executive order attempts to force a federal “Don’t Say Gay” rule into all American public schools since his administration deems LGBTQIA+ identities as radical indoctrination. The order also outlaws all inclusive training that support diverse students and punish school staff that support students’ social (non-medical) transition by using their chosen name and pronouns. All executive orders take time to be fully implemented, and nearly all of the administration’s orders are unenforceable and will be changed in some way during the lawsuit process.
As mentioned under Censorship, some states have laws that outlaw LGBTQIA+ topics within public schools – also known as “Don’t Say Gay” or “No Promo Homo” laws. While most of these laws have tried to ban LGBTQIA+ educators and Gay-Straight/Gender-Sexuality Alliances, they have only been able to restrict LGBTQIA+ topics from being officially discussed in class – sexual orientation and gender identity are protected within Employment below and GSAs are covered within students’ right to free speech and assembly. Other states, such as Illinois, have curriculum mandates that require public schools to teach inclusive history and sex education in public schools at the same time “Don’t Say Gay” states increasingly ban books that contain LGBTQIA+ themes, characters or color, or other controversial topics. While these laws have not been taken to the Supreme Court, LGBTQIA+ students should have the right to inclusive education and materials under the Equal Access Act, since LGBTQIA+ resources and online materials like campuspride.org, glsen.org, or gsanetwork.org should not be banned on school internet or devices unless non-LGBTQIA+ resources are similarly regulated.
Due to the decision in Bostock, sex-based harassment under the Civil Rights Act includes anti-transgender remarks, jokes, and derogatory comments. Invasive personal questions as well as repeated and/or intentional use of the wrong name and pronouns also fall under the federal protections of the Civil Rights Act. Employers are not allowed to disclose your LGBTQIA+ status without your consent, and cannot prevent you from being out.
While the United States does not have any federal protections or legislation for LGBTQIA+ people beyond those Supreme Court cases, the US Equal Employment Opportunity Commission currently bans sex-related discrimination related to sexual orientation or gender identity – however, like all federal agencies, this policy can be revoked relatively easily depending on the presidential administration similar to the number of executive orders currently protecting LGBTQIA+ employment.
Upon Donald Trump’s return to office, all federal agencies were ordered to implement transgender bathroom bans at government buildings in January 2025. This is not an executive order – while it will negatively affect transgender people accessing care, it has no role in the employment protections currently covered by Bostock.
Outside of this use, religious exemption laws protect minority religions from discrimination – such as allowing Muslims or Sikhs to maintain grooming habits in US prisons. The foundation of religious exemption is to protect marginalized groups who practice faiths other than dominant Christianity, although religious exemption laws have been extremely warped in the United States to give excess power to Christians.
🏘️HOUSING
LEGAL ✅
While there are no explicit laws regarding LGBTQIA+ people, sexual orientation and gender identity have been well-understood as included in housing anti-discrimination guidelines. The US Department of Housing and Urban DevelopmentOffice of Fair Housing and Equal Opportunity bans discrimination against LGBTQIA+ people and protect queer and transgender people from unfair evictions and denials of housing. If you believe you have experienced housing discrimination, you can file a report with the Department of Housing and Urban Development.
Federal discrimination law also applies to residential service programs and temporary shelters. Homeless shelters cannot refuse to admit someone because they are LGBTQIA+, and cannot deny services and programs offered to cisgender heterosexual members.
In Braschi v. Stahl Associates Co. (1989), same-sex couples were given housing and rent control protection as “family” or “household” units under housing law, regardless of marriage status.
🪖MILITARY
LEGAL ✅
Queer people have been allowed to openly serve in the United States armed forces since the repeal of Don’t Ask Don’t Tell in 2011. Additionally, queer individuals have been granted equal access to military services and veterans benefits since the official pardon of anti-LGBTQIA+ dishonorable charges by President Biden in October 2024. Queer active members and veterans in need of assistance or support should contact Military OneSource.
Transgender individuals have been allowed to serve in the United States military since 2021 after the repeal of the Trump administration ban in 2017 – although this ban is expected to go back into effect when Trump returns to office. The services and veterans benefits transgender members can get vary – although they should be granted equal access to both the military and their benefits for serving, the Trump ban(s) places them under dishonorable discharge and therefore ineligible for veteran status. Additionally, the services given to transgender service members are unequal, since the Veterans Administration has issued its final ruling that gender-affirming care is not covered as of February 2024.
Everyone assigned male at birth, including transgender women, is required to register with the national military conscription service known as the Selective Service within 30 days of turning 18. Failure to do so can result in up to five years in prison and $250,000 in fines. People assigned female at birth, including transgender men, are not required to register with the Service – although they may opt-in due to the federal ruling in National Coalition for Men v. Selective Service System. However, transgender men who do not register with the Selective Service will have difficulty using government services and programs such as Medicaid, SNAP, and college assistance and will be required to obtain a Status Information Letter to receive government benefits. In the event the draft is resumed, any/all transgender people may file a claim for exemption from military service if they receive an order to report for examination.
On January 27th, 2025, President Donald Trump signed the executive order “Prioritizing Military Excellence and Readiness.” This order reinstated the transgender ban in all branches of the United States armed forces since transgender identity was deemed incompatible with the Trump administration’s perception of honorable military conduct. It is currently unclear if the discharges associated with this order will be dishonorable. In the event that a draft is enforced by the United States, transgender individuals are permitted to dodge service through their gender identity status.
💔CONVERSION THERAPY
LEGAL ⛔
The pseudoscientific practice of attempting to change someone’s sexual orientation or gender identity is known as conversion therapy. There are no federal laws regarding conversion therapy, although there have been multiple attempts to both enforce and ban conversion therapy.
Over half of US states and territories have at least partial bans on conversion therapy’s use on minors – as well as more than 100 cities with additional laws protecting young people from the harmful effects of conversion therapy. Only one district, Washington D.C., bans conversion therapy entirely for both minors and adults.
Conversion therapy laws only affect licensed practitioners, not unlicensed or religion-based providers – although some states have additional protections against unlicensed and religious practitioners.
🤕HATE CRIME PROTECTION
SOMEWHAT LEGAL ⚠️
Also known as bias crime laws, hate crime laws prohibit and prosecute crimes based on opposition/hostility against a protected class such as race, color, religion, or national origin. In 2009, sexual orientation and gender identity were added to federal hate crime law under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.Brandon v. Richardson County also established that law enforcement officers have a legal responsibility to protect LGBTQIA+ people when reporting hate crimes. Wisconsin v. Mitchell ruled that increased penalties on hate-based crimes are constitutional – which became federal law in 1994 with the passage of the Violent Crime Control and Law Enforcement Act.
The law makes a distinction between hate speech and speech that is broadly protected under the First Amendment. Most hateful speech is generally protected under the First Amendment, it becomes illegal and prosecutable if it can be proven to incite violence, hostility, or discrimination based on race, religion, ethnicity, national origin, sexual orientation, gender identity, or disability. Unless it is proven as such, hate speech cannot be lawfully censored, punished, or unduly burdened by the government. The limitations and protections of hateful speech were a primary focus in Snyder v. Phelps, establishing the limits of non-violent hate speech in private and public settings.
Gay panic dense, trans panic defense, and homosexual advance defense is a victim-blaming legal defense strategy where a person claims to commit a violent crime against an LGBTQIA+ person because they allegedly made an unwanted sexual advance on them. The defense holds that the defendant was so offended or frightened that they were forced into attacking violently. The related trans panic defense is most often employed by cisgender heterosexuals who reacted violently upon learning their lover is transgender. There are no national bans on gay and trans panic defense, and the legal defense strategy can be employed in the majority of states that have not enacted their own ban.
SmithKline Beecham v. Abbott Laboratories ruled that jurors cannot be removed from a case due to their sexual orientation or gender identity, giving LGBTQIA+ Americans federal protection from jury discrimination.
🟥HIV/AIDS
SOMEWHATLEGAL ⚠️
There is no federal criminalization of human immunodeficiency virus (HIV), although many states have laws criminalizing HIV and its potential transmission due to the 1990 requirement in the Ryan White CARE Act that forced states to place criminal regulations on HIV to remain eligible for federal funding. Several efforts have been made to repeal all state criminalization laws, but they have all died in Congress despite overwhelming evidence since 1990 that HIV criminalization is ineffective in reducing transmission. At the time of this article, there have been no federal or Supreme Court cases that have brought the constitutionality of HIV criminalization to court – the closest was Rhoades v. Iowa in 2014, which was settled by the state-level Iowa Supreme Court.
Approximately half of US states have HIV criminalization laws, which penalize people living with HIV if they “potentially expose” other people to the virus. Even though HIV criminalization has been proven ineffective and disproportionally targets marginalized people, these laws range from misdemeanors to felonies attached to lifelong sex offender registry.
HIV and AIDS are considered a disability under the Americans with Disabilities Act, giving federal protection from all aspects of disability-related discrimination to anyone living with HIV/AIDS, as well as protections under Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act. These protections cover employment, housing, and other aspects of living. United States employers are only allowed to ask potential employees if they are capable of performing tasks associated with the job, such as lifting heavy boxes, and cannot legally ask any applicant if they have a disability or medical condition. It is the employee’s right to (and if) tell an employer that they are living with HIV, such as to get workplace accommodations. Employers can only refuse to hire someone due to their HIV status if they can objectively prove they would be a direct threat to others during routine job duties, which usually only applies to healthcare. Lastly, employers must keep medical and disability information confidential – they are not allowed to tell other staff or employers about your HIV status. These protections are further ingrained through the decisions in Taylor v. Riceand Matter of Matthew Cusick and Cirque du Soleil.
The Americans with Disabilities Act makes anti-HIV discrimination in healthcare settings illegal. Medical providers are expected and required to use universal precautions on every patient they treat, so there are no additional or special protective procedures required to work on patients living with HIV. Depending on the state, a healthcare provider could argue religious exemption to refuse to treat a patient living with HIV based on the assumed sexual orientation or gender identity of the patient, but only if their practice does not use any government funding – people living with HIV are protected due to their disability status in hospitals, clinics, social service agencies, drug treatment centers, nursing homes, doctors’ offices, dentists’ offices, daycares, public pools, and fitness gyms. Healthcare insurance companies, Medicaid, and employers cannot discriminate because of HIV status and must provide the same standard of care as given to other employees, although this protection does not apply to people who obtain healthcare insurance without an employer.
The Fair Housing Act also covers the right to health and safety at home, and landlords cannot discriminate against people living with HIV. According to federal law, landlords must make reasonable accommodations as deemed medically necessary for tenants with HIV.
👮PRISON
SOMEWHATLEGAL ⚠️
Compared to the rest of the public, those held in government custody such as in prison or jail have the least amount of rights. Even rights such as protection from enslavement are not guaranteed to United States prisons, due to the intentional language in the Thirteenth Amendment: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
While incarcerated individuals have a variety of rights listed below, the only rights maintained within the US Constitution are First Amendment rights. Prison officials are entitled to open non-privileged mail directed to inmates without probable cause or a warrant to preserve order, discipline, and security – although they are not permitted to censor portions they find merely controversial or rude, as decided in Thornburgh v. Abbot.Other than nudity, prisoners have the right to receive books, magazines, newspapers, and other mail as long as it does not affect prison safety. Prison officials cannot bar friends and relatives from buying you books or magazine subscriptions, and both you and the sender have the right to be notified if your mail will be censored or rejected. Mail cannot be censored because it is critical of the prison or its officials (Procunier v. Martinez), and prisons cannot ban mail simply because it contains material downloaded from the internet.
In the majority of the United States, inmates are not allowed to vote. The only districts where incarcerated individuals maintain their right to vote from jail or prison are Washington D.C., Vermont, and Maine. Most states reinstate voting rights after release, although felony convictions can further restrict individuals’ right to vote after completing their sentence. 10 states permanently strike voting rights from convicted felons in select cases.
Inmates are protected under the Due Process Clause of the Constitution from unauthorized and intentional deprivation of their personal belongings but are not given reasonable privacy and are liable to be searched at any time by prison officials. Strip searches must not be done in full view of other prisoners, and searches should only use staff of the same gender identity as the inmate unless there is an emergency. Federal laws protect the religious rights of prisoners, and prison officials must give objective proof that giving religious accommodation is dangerous to deny it. Officers cannot impose religious beliefs and cannot give special preference based on religion.
Both those detained pre-trial and convicted people incarcerated must be housed in humane facilities, and maintain the right to be free of “cruel or unusual punishment” through the Eighth Amendment. Before conviction, detainees must be treated as innocent while awaiting trial and cannot be “punished.” The limitations of what counts as cruel or unusual punishment are based on court discretion and are not in any explicit guidelines. Many correctional facilities place LGBTQIA+ in solidarity confinement to protect them from violence – however, inmates cannot be placed into solidarity against their will for more than 30 days, and inmates in protective solidarity must still have access to programs, privileges, education, and work opportunities to the fullest extent possible.
Incarcerated individuals are protected from sexual crimes and harassment under the Prison Rape Elimination Act. This also includes LGBTQIA+ inmates, and sexual orientation and gender identity have been classified as reasons to give inmates additional protection under the Prison Rape Elimination Act since the Supreme Court ruling in Farmer v. Brennan. The Eighth Amendment gives prison officials the legal obligation to protect prisoners from physical and sexual assault, including from other prisoners and prison officials. As elaborated in Farmer, officials aware of possible assault can be found violating the Eighth Amendment if they fail to take action. While prison officials are allowed to use force, they are not permitted to use force to cause harm – officers are only authorized to use force to maintain prison order. Additionally, the Prison Rape Elimination Act requires all prisons and jails to make individualized housing placements for all transgender and intersex inmates, including when assigning them to male or female facilities, and all inmates have the right to request a private shower according to the PREA.
Inmates cannot be racially segregated in prison except in objective circumstances for preserving prison security.
Being in prison does not take away your right to file official complaints and reports. Inmates maintain their right to report prison conditions and have access to court systems. The Prison Litigation Reform Act allows inmates to file lawsuits in federal court, although they must pay their own court filing fees and can be dismissed if the courts find their lawsuit to be “frivolous,” “malicious,” or false.
Disabled inmates hold their rights under the Americans with Disabilities Act of 1990, and prisons must allow equal access to programs and facilities to qualified inmates. You have the right to have reasonable modifications to policies and procedures, and you are entitled to auxiliary aids and services like sign language interpreters, captioning, videophones, readers, Braille, and audio recordings. Prison officials are only allowed to deny accommodations if they can prove it would create immense an financial burden to the program or would create a safety risk that cannot be mitigated.
All incarcerated people have the right to appropriate and adequate mental healthcare and are further given the right to a hearing if they are to be moved to a mental health facility. However, federal law does not protect inmates from being forced to take anti-psychotic drugs before a hearing.
Lastly, inmates are entitled to adequate medical care to treat both short-term and long-term conditions. Prison and jail staff must evaluate transgender detainees for gender dysphoria within a reasonable timeframe, and diagnoses and treatments for gender dysphoria must be delivered according to accepted medical standards. Prisons are not allowed to instate general bans on types of treatments, such as hormone replacement therapy or gender confirmation surgery. Inmates also must have access to abortions as well as prenatal, pregnancy, and postpartum care – and cannot be forced to pay before receiving necessary medical care. Those in incarceration also have the right to refuse sterilization or other unwanted birth control.
The Transgender Offender Manual contains the most up-to-date policies regarding transgender inmates, created by the US Department of Justice and the Federal Bureau of Prisons. However, the TOM is subject to change depending on the presidential administration, so many of the following policies and rights may change as Trump resumes office. The TOM requires transgender inmates to be assigned an associate warden to ensure they have access to services and programs, similar to case management, and prisons that house transgender prisoners should have additional training required among staff. As of the time of this article, incarcerated transgender individuals are housed on a case-by-case basis to best ensure the inmate’s health and safety rather than biological sex assignment or surgery status. Prison officials are strictly prohibited from deliberately or repeatedly misgendering transgender inmates, and transgender prisoners must be allowed to choose the undergarments and accommodations best aligned with their gender identity.
Upon his first day back in office, President Donald Trump signed the executive order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” on January 20th, 2025. The order attempts to force transgender people to be housed in prisons based on their sex assigned at birth and ban any form of gender-affirming care like hormone replacement therapy from being offered to them. However, this order has already been blocked and requires more details regarding its legality.
🩸BLOOD DONATIONS
LEGAL ✅
Under the policy of the United States Food and Drug Administration and American Red Cross, anyone who has not had anal sex with any new or multiple partners in the past three months is allowed to donate blood. Additionally, potential blood donors must not be taking any anti-HIV prevention medication such as PrEP or PEP, and must not have ever tested positive for HIV. If the donor meets these guidelines, they may donate blood, tissue, and organs regardless of sexual orientation or gender identity.
Before 2023, the United States had strict limitations that barred LGBTQIA+ people from donating since the policies targeted individuals based on sexual orientation. In 2023, the FDA removed its sexual orientation-based restriction and instead uses a standardized questionnaire to approve or deny potential donors based on the latest research of HIV transmission risk. However, the current policy from the FDA and American Red Cross still discriminates against polyamorous individuals and makes no distinction between casual hook-ups and committed, exclusive relationships with multiple partners.
At this time, individuals who have ever had HIV or AIDS are ineligible to donate blood, even if their viral load is undetectable or untransmittable.
📜GENDER DOCUMENTS
MOSTLYLEGAL ✅
Transgender rights, such as the right to legal name and gender marker updates or gender-affirming care, are determined at the state level. There are no federal laws or guidelines related to the legal documents of transgender people in the United States. National documents, such as passports and Social Security cards, reflect the information used on state identification such as birth certificates and driver’s licenses.
For information on how to change your legal name or gender marker on court orders, birth certificates, or driver’s licenses, visit Advocates for Trans Equality’s Document Center. Their “Name Change, Driver’s License, & Birth Certificates” section gives detailed steps needed in all US states and territories.
Name Changes To change your legal name, you must file paperwork with your local court and appear before a judge. Unless you are filing for a name change due to marriage or divorce, your request will be categorized as a “court order name change.” After submitting your paperwork and paying your filing fee, you’ll be given a court date where you will explain your request to a judge – there are lots of reasons people change their legal names, so there aren’t as many limitations.
Half of US states require you to publish your upcoming name change in a local newspaper or related organization. These publication laws are meant to give notice to debt collection agencies and create a paper trail regarding your identity. Also, about half of the United States has additional barriers for individuals with criminal records.
To change your name on any of the other legal documents below, you must have a signed copy of your court order name change. Without it, you will be unable to change the legal name on your other identification items.
Birth Certificates 25 states, plus Washington D.C. and Puerto Rico, issue updated birth certificates with the gender marker aligned with your gender identity without medical requirements. You can only get a birth certificate update from the state where you were born, unlike driver licenses and state IDs. 16 states have written or unclear policies that require transgender people to have a gender affirmation surgery to update their birth certificate’s gender marker – although the “gender affirmation surgery” varies on state and can refer to any medical treatment such as hormone replacement therapy or bottom surgery. Consular Records of Birth Abroad for American citizens born outside of the United States uses self-attestation to update gender markers in the same process as passports are updated.
Washington, Oregon, California, Nevada, Utah, Colorado, New Mexico, Illinois, Michigan, Maine, Vermont, New York, Rhode Island, Connecticut, New Jersey, and Washington D.C. allow residents to use M, F, or X on their birth certificates.
Texas, Oklahoma, Kansas, Florida, Tennessee, Montana, and North Dakota fully ban transgender people from updating their birth certificates.
Driver License/State IDs 21 states, plus Washington D.C., issue updated driver licenses with the gender marker aligned with your gender identity without provider certification. The rest of US states and territories require provider certification – a process where a certified professional signs off on your transition and progress via a letter to be shown when updating your license. You can only get an updated driver’s license or state ID in the state you currently reside in, unlike birth certificates.
In addition to Washington D.C., 22 states allow residents to use M, F, or X on their driver’s licenses.
Texas, Florida, Kansas, and Tennessee fully ban transgender people from updating their driver’s licenses.
Social Security Card While Social Security cards only show a name and do not physically show any gender marker associated with their owner, it has gender data that needs to be updated alongside other documents. Your updated court order name change, birth certificate, and/or driver’s license/state ID will be used to update this form. If available in your state, X gender markers can be used on federal documents.
Updating your gender associated with your Social Security card is easy – it’s based on self-attestation, where you confirm that you are changing your card to match your gender identity.
Legal name updates to Social Security has a longer process, where your updated forms above are used to update your Social Security card. If applicable, your name and gender information on Medicare will also be updated when your Social Security is updated.
Additionally, the IRS will be automatically updated on your gender marker and/or legal name change when you update Social Security. Your next tax filing will use your new name and gender marker. To avoid issues, make sure your employer updates your W2 and payroll information to eliminate potential discrepancies.
Voter Registration Your voter registration must match your legal name as associated with your state ID or driver’s license. As such, your ability to update your legal name or gender marker will depend on whether your state allows updates to either your birth certificate or driver’s license.
While not all states require ID to vote, your name information must match the records on file for your vote to be cast. Your gender identity and presentation do not need to match your name, photo, or gender marker listed on your ID. Updates to voter registration can almost always be completed online, and can often be done while also updating your driver’s license or state ID.
Healthcare & Benefit Programs The rules for updating your legal name and gender marker on state benefit programs like EBT/SNAP and Medicaid vary by state – like Social Security, there is an associated gender marker attached to your information even if one is not printed on your forms and ID.
You will also need to update healthcare insurance and Medicaid as needed. It is important to note that your insurance company and Medicaid base your eligibility to receive covered healthcare services as the gender marker associated with your account. Due to this reason, many transgender people update their name with healthcare insurance and Medicaid, but not their gender marker so that they can continue receiving care needed based on their sex assigned at birth (ex. hormone replacement therapy, cancer screenings). Healthcare insurance plans are not supposed to ban coverage based on sex, but that does not mean discrepancies will not affect your potential care.
Bank Accounts & Lending You will need to update all bank accounts and credit agencies of your legal name change using your court order name change. Failing to do so quickly may affect your credit score or payment methods. Since these updates largely use only your name and not gender marker, they are easier to complete.
While updating your financials, you should also update loans and agreements – as well as estate plans, trusts, wills, power of attorney, and advance directives.
Passport Changes to your national passport require a certified copy of your court order name change as well as a passport photo and your most recent passport. Like Social Security, gender markers are updated based on self-attestation and give you the option to select M, F, or X to best reflect your gender identity. You do not need a birth certificate or state ID to update your gender marker, making passports the easiest to update to reflect your identity – although this is subject to agency discretion and the presidential administration.
President Donald Trump signed “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” on January 20th, 2025. This executive order rescinded all gender-affirming updates regarding passports (although it does not include other federal documents like social security) and bans the use of “X” gender markers, requiring the use of one’s “God-given sex” on identity documents. However, this order has been difficult to enforce beyond excluding X markers – passport offices across the country are currently overwhelmed while they create new processes.
Selective Service As mentioned under Military, all people assigned male at birth are required to register with the national military conscription service known as Selective Service within 30 days of turning 18. People assigned female at birth can opt-in for Selective Service but are not required to register – although transgender men may encounter barriers and difficulty using government programs without registering with the Service.
You are required to update the Selective Service of any legal name changes until your 26th birthday, which is done with the Change of Information Form (SSS Form 2) at any United States Post Office or Embassy. Updates to gender markers are inapplicable since the Selective Service only uses the gender you were assigned at birth and does not update gender information.
Immigration Documents For any immigration document, you will need your court order name change to update your legal name. To update your gender marker, you can either use a driver’s license, birth certificate, passport, court order, or other government-issued document or get a provider certification letter from a licensed professional. Some immigration documents may allow you to bypass the provider certification and instead use self-attestation, while others may documents such as certificates of naturalization or certificates of citizenship require certification.
🏳️⚧️GENDER-AFFIRMING CARE
LEGAL ✅
Roughly half of the United States requires gender-affirming care as a prerequisite to updating legal forms such as birth certificates or driver’s licenses. Gender-affirming care refers to a range of medical treatments, such as hormone replacement therapy, puberty blockers, top surgery, bottom surgery, etc. Like Gender Documents, gender-affirming care is determined on the state level and there are currently no national restrictions or protections on it.
24 states ban gender-affirming care such as hormone replacement therapy and puberty blockers for minors under the age of 18, regardless of medical diagnosis or parental permission. However, the constitutionality of these laws will be determined by the ruling in United States v. Skrmetti. Even though these laws target minors, they often affect transgender adults as well – Missouri attempted to ban gender-affirming care for anyone with a mental health diagnosis, even though a mental health diagnosis was required as a prerequisite to have gender-affirming care. Elsewhere, transgender adults are affected by the mass wave of medical providers leaving anti-transgender states to continue their practice in sanctuary states.
On the opposite side of the political spectrum, 14 states and Washington D.C. have “shield laws” that give sanctuary status to anyone seeking gender-affirming care or abortion services. In response, some states have attempted to criminalize transit between states for care – although this is directly in violation of the US Constitution and Americans’ right to travel freely between states.
While employers are not allowed to discriminate based on gender identity or sexual orientation and are required to offer all their employees healthcare insurance, not all healthcare insurance companies cover gender-affirming care. 24 states and D.C. require transgender-related services to be covered by healthcare insurance plans and Medicaid, while the rest of the country has no requirement to include gender-affirming care. Health plans are not allowed to have blanket exclusions or limits on trans-related care. Medicare fully covers medically necessary care, veteran programs cover some, and the coverage provided by Medicaid is determined by each state. At the time of this article, Arkansas and Mississippi are the only US states to ban insurance companies from covering gender-affirming care entirely – which will have to be tested in court for constitutionality. For those living in areas without healthcare insurance coverage, IRS Publication 502 allows medical expenses to become tax-deductible if they are not paid by any insurance or third party, including gender transition services.
The majority of healthcare providers are not allowed to discriminate or claim a religious exemption in treating LGBTQIA+ people due to the high likelihood that their practice or hospital takes some sort of government funding. Due to this, providers are not allowed to refuse treatment, force unnecessary examinations, refuse access to gender-segregated restrooms, refuse counseling or referrals, isolate you, require conversion therapy, or generally harass you due to your sexual orientation or gender identity.
Like all LGBTQIA+ rights, transgender healthcare is a direct target for the Trump administration upon his resumption of office. During his 2024 presidential campaign, Trump promised to sign an executive order banning gender transition at any age through federal agencies, including Medicaid.
On January 28th, 2025, President Donald Trump signed the executive order “Protecting Children from Chemical and Surgical Mutilation.” While executive orders often carry the power of federal law, they do not override the US Constitution, federal statutes and laws, or established legal precedent – nor do they have the longevity of passed laws. The order bans gender-affirming care being covered by state Medicaid programs for anyone under the age of 19, including puberty blockers and hormone replacement therapy.
🚽BATHROOMS & PUBLIC SPACES
MOSTLYLEGAL ✅
Bathroom bills are the common term used about anti-transgender legislation that criminalizes transgender people who use the restroom as their gender identity rather than the sex assigned at birth. Bathroom bills fall under public accommodation, meaning these laws apply to any group, business, organization, or building that serves the public regardless of whether they are publicly or privately funded. Currently, public accommodations must adhere to the federal guidelines under Title III of the Americans with Disabilities Act and Title II of the Civil Rights Act of 1964 – but since the Civil Rights Act does not list gender identity as a protected category, bathroom bills seek to target the vulnerability of the law until their constitutionality is tested in court.
REFUGE is a free online directory of safe restrooms for transgender, intersex, and gender-nonconforming people available on desktop, Android, and Apple devices. It’s a great community resource that uses personal submissions to create a network of safety.
There are 14 states that have bathroom bills in place – the overwhelming majority of these states force transgender people to use the restroom as their sex assigned at birth regardless of transition status or expression at K-12 schools and result in up to six months of jail time and $500 to $1,000 in fines. These bathroom bills do not affect restrooms not within K-12 schools or the majority of public life – and as mentioned in Education, transgender and nonbinary students have the federal right to use the restroom as their aligned gender identity per Whitaker v. KenoshaUnified School District, but these school bathroom bills have not been successfully taken to court.
Out of those 14 states, North Dakota, Louisiana, Mississippi, Alabama, and Ohio also ban transgender people from using the restroom in some government-owned buildings, such as colleges and universities. These more aggressive anti-transgender laws have gained over the past year and have also not been tested for constitutionality.
At the time of this article, two states make it a criminal offense to use the restroom other than as the sex you were assigned at birth.
Florida’s HB 1521 and SB 1674 allow for residents of Florida to report “non-compliance” by transgender people to the state government. Those convicted fact a second-degree misdemeanor charge, 60 days in jail, and fines up to $500 per offense. The Facility Requirements Based on Sex Act bars transgender people in approximately 20% of private establishments, over 50% of public facilities, and 60% of state-licensed facilities – including K-12 schools, colleges, universities, correctional institutions, domestic violence shelters, healthcare facilities, homeless shelters, state government buildings, assisted living facilities, massage establishments, optical and vision centers, pain management clinics, pharmacies, and substance abuse treatment facilities. The Act makes an explicit exception for intersex people receiving prescribed gender-affirming care from a doctor, and unlike other bathroom bills, makes zero exceptions for transgender people who have had gender affirmation surgery or updated their birth certificate. There are currently three active lawsuits that are challenging the Act’s legality: Doe v. Florida, Smith v. Orange County Public Schools, and ACLU v. Florida.
Utah enacted HB 257, also known as Sex-Based Designations for Privacy, Anti-Bullying, and Women’s Opportunities. Like Florida, everyday citizens and officials have a confidential tip line for reporting “non-compliance” by transgender people who do not use the restroom as the sex they were assigned at birth. Unlike Florida’s law, HB 257 only bars transgender people from changing rooms and locker rooms in government-owned buildings – not restrooms – and restrooms, locker rooms, and changing rooms within Utah public schools. In contrast to Florida, Utah’s bathroom criminalization law does not affect any non-public buildings or private businesses. Depending on the situation, violations of HB 257 can result in between $2,500 to $10,000 in fines and up to 15 years in prison. Additionally, HB 257 requires people to present proof of their birth certificate and gender-affirming surgery if challenged while using the restroom.
The Equal Employment Opportunity Commission holds federal guidelines that employers cannot deny an employee equal access to a bathroom, locker room, or shower that corresponds to that employee’s gender identity. While the EEOC is a federal agency and liable to change its guidelines, restroom access in the workplace has been relatively asserted in federal court.
All luggage and passengers must be screened by the Transportation Security Administration when boarding United States aircraft – airports are public spaces that often present additional challenges to transgender people. While TSA restricts a number of items during the screening process, medical equipment, prostheses, binders, packers, and other assistive devices are allowed. Passengers have the right to opt out of advanced imaging technology scanners for thorough pat-downs – AIT devices detect bodily anomalies based on assumed gender and often pick up prosthetics and binding garments. Pat-downs must be done by a TSA agent of the same gender as the traveler’s gender expression (not IDs or boarding passes). In the event a TSA agent is unsure of your gender presentation, they must ask you discreetly and respectfully which gender you’d prefer. You should never be required to lift, remove, or raise an article of clothing to reveal a prosthetic item, and travelers should never be asked to remove prosthetics, breast forms, or binding items.
🏀SPORTS
SOMEWHATLEGAL ⚠️
The legal right to participate in competitive sports (amateur or professional) varies by state legislation. There are no federal protections for LGBTQIA+ people’s rights to sports outside of education – non-academic sports hold their own league policies based on organizational beliefs and state law.
However, while in school, the US Department of Education has stated LGBTQIA+ people are protected under Title IX of the Education Amendments Act since sex discrimination disproportionally affects gay and transgender students. However, Chevron USA Inc. v. National Resources Defense Council overruled that gender identity and transgender people are not inherently included within athletic Title IX protections. As such, transgender people’s access to sports is in constant legal fluctuation. To participate in competitive school athletics, transgender students must be approved by their state guidelines if applicable – such as getting certified by the state athletics agency. Approval is not needed for noncompetitive athletics such as school clubs or physical education classes.
On February 5th, 2025, President Donald Trump signed the executive order “Keeping Men Out of Women’s Sports.” This order mandates that Title IX cannot be used to include transgender people in academic-related sports, including both public K-12 schools and colleges for competitive and non-competitive athletics. While there is no news yet of lawsuits, many states and organizations will likely take this order to federal court due to its overreach in individual state policy.
While signing this executive order, Trump also declared that transgender people would not be allowed to compete at the US-hosted Olympics in 2028. The International Olympic Committee has not yet given a statement about this claim, although it is critical to note that the President of the United States has zero authority the international event despite it being held within US borders. Given any nation’s leader control over the rules of the Olympics would destroy the fairness of the games.
🏅INTERNATIONAL OLYMPIC COMMITTEE As of 2021, individual sports within the Olympics determine their guidelines on whether transgender athletes can compete. Therefore, if athletes qualify under their sports guidelines, they qualify to compete in the Olympics without any additional restrictions – however, each sports federation has the power to create its own policies regarding transgender inclusion despite current scientific research.
Until 2021, the IOC used the 2015 International Olympic Committee Transgender Policy – a set of policies that most Olympic sports federations and leagues still use despite the 2021 change. The Policy states all transgender and nonbinary athletes are welcome to compete without any specific surgeries required or government documents proving their legal gender has been recognized.
Transgender men and individuals assigned female at birth have no limitations or qualifications to compete within the men’s category; transgender women and those assigned male at birth must demonstrate a total testosterone level in serum below 10 nmol/L for at least 12 months before their first competition and maintain those levels throughout the Olympics.
🏃CROSSFIT Transgender athletes are allowed to compete in competitive events such as the CrossFit Games – to do so, athletes must have their gender marker legally changed to correspond with their gender identity on an identifying document such as a birth certificate or driver’s license. CrossFit has maintained this policy since 2019.
Transgender men and individuals assigned female at birth have no additional requirements to compete, while transgender women and individuals assigned male at birth must demonstrate a total testosterone level in serum below 10 nmol/L for at least 12 months before their first CrossFit competition and maintain those levels during competition.
⚾MAJOR LEAGUE BASEBALL All athletes must be assigned male at birth to compete in Major League Baseball, and MLB has no exceptions for transgender athletes. While MLB has a strong anti-harassment policy that includes sexual orientation and gender identity, transgender men and people assigned female at birth are not eligible to play within the league. Other baseball and softball leagues are more lenient regarding trans competitors, such as Minor League Baseball.
🏏MAJOR LEAGUE CRICKET Transgender athletes are barred entirely from playing competitive cricket due to a decision in 2023 by the International Cricket Council. The rules by ICC technically state that only transgender women who have gone through male puberty are ineligible, but Major League Cricket has banned transgender competitors as a whole.
Before 2023, transgender players were able to compete – Danielle McGahey was the only trans athlete to play before the rule was changed by the ICC.
🏉MAJOR LEAGUE RUGBY World Rugby does not allow transgender women to compete in any capacity within their leagues. Transgender men and individuals assigned female at birth are only eligible to compete if they can provide adequate medical documentation of their transition.
USA Rugby uses the 2015 IOC Transgender Policy, allowing transgender competitors that fall within those guidelines.
International Gay Rugby is fully inclusive of transgender competitors within their leagues.
⚽MAJOR LEAGUE SOCCER There are no written policies regarding transgender athletes within Major League Soccer. However, MLS would likely use the practices adopted by Major League Baseball of the 2015 IOC Transgender Policy. Similarly, no policies have been set in other soccer leagues such as FIFA – although this is not the case in NWSL, as detailed later.
The US Soccer Federation oversees American competitors in the Olympics and openly allows transgender players to compete as long as they submit sufficient documentation that their gender identity matches legal or medical standards. This policy is up to interpretation and does not strictly follow the 2015 IOC format.
🚗NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING There are no restrictions or policies that limit transgender competitors in professional races like NASCAR, Formula 1, the Grand Prix, etc. since races are not sex-segregated. While not common, transgender racers are welcome to participate – such as former motorsports champion Terri Leigh O’Connell.
🏀NATIONAL BASKETBALL ASSOCIATION There are no restrictions or policies that limit transgender competitors in the National Basketball Association. NBA guidelines actually permit anyone to compete regardless of gender identity if they have the necessary skill. The NBA and WNBA are accepting of LGBTQIA+ players, unlike the NCAA and NAIA.
🏈NATONAL FOOTBALL LEAGUE There are no restrictions or policies that limit transgender competitors in the National Football League. NFL guidelines allow for anyone to compete regardless of gender identity – however, NFL players are selected from college teams which generally do not permit transgender athletes in any capacity.
🏒NATIONAL HOCKEY LEAGUE There are no restrictions or policies that limit transgender competitors in the National Hockey League. NHL guidelines actually permit anyone to compete regardless of gender identity if they have the necessary skill. Only three cisgender women have broken into the male-dominant league: Manon Rhéaume, Hayley Wickenheiser, and Kendall Coyne.
USA Hockey oversees American competitors in the Olympics and consists of hundreds of co-ed programs not restricted by gender. In 2019, USA Hockey created the policy that transgender individuals (men, women, and nonbinary individuals) can continue to compete in non-restricted co-ed programs. Players may compete in sex-segregated programs such as Men’s Hockey or Girls’ Competitive Hockey by providing documentation of at least one year of HRT or puberty blockers.
🥍NATIONAL LACROSSE LEAGUE Transgender players are openly allowed to compete within the National Lacrosse League, as noted by the NLL policy that inclusion is a core principle of the sport. Transgender athletes are allowed to compete in sex-segregated leagues that correspond with their gender identity, although specific leagues may have requirements for legal or medical documentation.
⚽NATIONAL WOMEN’S SOCCER LEAGUE As of 2021, transgender men and anyone assigned female at birth who has begun hormone replacement therapy are ineligible to compete in the National Women’s Soccer League. Transgender women and individuals assigned male at birth are allowed to compete within the NWSL under the 2015 IOC Transgender Policy guidelines.
🏐PRO VOLLEYBALL FEDERATION There are no restrictions or policies that limit transgender competitors in the Pro Volleyball Federation, the leading professional volleyball league in the United States.
USA Volleyball oversees American competitors in the Olympics and updated their policy in 2021 to require all transgender competitors ages 13 and older to submit lab reports of their testosterone levels to be considered. If approved, transgender players are allowed to compete within their federation.
⛳PROFESSIONAL GOLFERS’ ASSOCIATION OF AMERICA Transgender athletes are allowed to compete in the Professional Golfers’ Association of America by submitting proof of their current gender status, such as an updated legal certificate or ID or medical reports on their hormone replacement therapy. However, leagues outside of the PGA (such as the NXXT) may have their own rules that limit transgender competitors.
US Golf Association still enforces the outdated 2003 IOC Stockholm Consensus that requires transgender competitors to submit proof of genital surgery to be considered eligible to play within the USGA.
🏒PROFESSIONAL WOMEN’S HOCKEY LEAGUE The Premier Hockey League or Professional Women’s Hockey League allows transgender competitors to play without any medical or legal documentation. Transgender women are eligible to play if they have been “living in their transgender identity for a minimum of two years,” transgender men are eligible if they are approved to use testosterone by the PWHL/PHL, and nonbinary individuals are eligible if they fall into either of the above categories assigned to transgender men and women.
🥊ULTIMATE FIGHTING CHAMPIONSHIP The Ultimate Fighting Championship and its competitions allow transgender athletes to compete under the 2015 ICO Transgender Policy guidelines. Transgender fighters are subject to strict testosterone monitoring during competitions, along with other drug tests administered to all fighters in the UFC.
🥏ULTIMATE FRISBEE ASSOCIATION There are no restrictions or policies that limit transgender competitors in the Ultimate Frisbee Association. Compared to other sports USA Ultimate has one of the most inclusive competitive sports policies and allows transgender players to self-attest their gender category to compete in the men’s, women’s, or mixed division.
🏀WOMEN’S NATIONAL BASKETBALL ASSOCIATION There are no restrictions or policies that limit transgender competitors in the Women’s National Basketball Association, permitting transgender athletes as long as they have the necessary skill. However, very few transgender athletes have made it to the WNBA – the only trans player thus far is Layshia Clarendon with the Indiana Fever.
This is in opposition to the policies of the NCAA and NAIA: The National Collegiate Athletics Association requires transgender players to submit medical documentation of suppressed testosterone levels throughout the season; the National Association of Intercollegiate Athletes entirely bans transgender competitors who have begun medical transition in any capacity. 🥎WOMEN’S PROFESSIONAL FASTPITCH LEAGUE There are no restrictions or policies that limit transgender competitors in the Women’s Professional Fastpitch League, especially since they are a relatively new league. However, they are expected to take the same policy approaches as used in volleyball.
🥊WORLD BOXING ASSOCIATION In 2022, the World Boxing Association installed its policy that transgender athletes must compete in separate divisions from cisgender men and women, utilizing a newly created transgender division. Due to this ruling, transgender fighters are banned from playing in cisgender divisions.
USA Boxing oversees American competitors in the Olympics and enforces the outdated 2003 IOC Stockholm Consensus that requires transgender competitors to submit proof of genital surgery to be considered eligible to play within USA Boxing.
🥋WORLD KARATE FEDERATION There are no restrictions or policies that limit transgender competitors in the World Karate Federation. Instead, regulations are left to the discretion of individual tournaments and schools. As a general rule, transgender people are welcome to compete as long as they compete fairly as their gender identity.
USA Karate oversees American competitors in the Olympics and uses the 2015 IOC Transgender Policy regarding transgender competitors.
⚧️INTERSEX
LEGAL ✅
Intersex people are included in the same anti-discrimination protections as other LGBTQIA+ people. Intersex people are explicitly included under the US Department of Health and Human Services and Affordable Care Act, federally covering intersex identities within health and social services. Title IX of the Education Amendment also protects intersex people from discrimination and harassment in higher education.
There are no federal or state laws that prohibit non-consensual medical interventions/surgeries on intersex infants. In the United States, medical professionals reserve the right to perform “normalizing” genital surgeries on intersex infants – with or without the express consent and knowledge of the parents. Since 1996, the American Academy of Pediatrics has held the position that such surgeries and interventions are necessary for the benefit of intersex people.
The US Department of State will issue nonbinary or “X” passports for intersex and nonbinary individuals seeking to have their documents corrected. For additional information, review Gender Documents above.
🗳️VOTING
LEGAL ✅
You have the legal right to vote in United States federal, state, and local elections if:
You are a United States citizen.
Some areas allow non-citizens to vote in local elections, such as San Francisco, Washington D.C., and Burlington.
Citizens living abroad still have a right to vote in US elections, including citizens who were born abroad and have never lived in the US. Voter eligibility is determined by where you or your parents were last registered to vote within the United States.
You meet your state’s residency requirements.
Homeless individuals are still entitled to vote in the United States. Any mailing address complies with federal and state law to vote, including homeless shelters.
You are at least 18 years old on or before Election Day.
Nearly every state allows 17-year-olds to register in advance if they will be 18 by Election Day.
Some states allow 17-year-olds to vote in primaries before their 18th birthday if they will be 18 by Election Day.
You are registered to vote by your state’s registration deadline. Each state has its own deadlines for early voting, absentee voting, and in-person voting.
You do not have the legal right to vote in the United States elections if:
You are not a United States citizen, regardless of whether you are a permanent legal resident. Some cities allow non-citizens to vote in local elections, but you must be a US citizen to vote in all state and federal elections.
You are a United States citizen but are residing in a US territory. Citizens in territories can vote in general elections but cannot vote for president.
Most (but not all) states prevent people currently incarcerated in jail or prison from voting. A select few states remove the right to vote permanently if you have a felony conviction.
Some states prevent people with disabilities from voting.
Federal law dictates that all first-time voters bring ID when voting, regardless of whether they registered by mail, online, or in-person. Each state has its own policies on whether additional identification is needed to cast your vote – even if it’s not your first time. Accepted forms of ID include driver’s licenses, state ID cards, passports, military IDs, college/school/work IDs, vehicle registration cards, leases, mortgages, house deeds, credit/debit cards, social security cards, Medicaid cards, Medicare cards, health care insurance cards, civic union and professional membership cards, utility and medical bills, school transcripts, bank statements, firearm registration cards, pay stubs, pension statements, and official mail from any government agency. Even if you do not have a form of ID, you may still be able to vote via a provisional ballot. You have the right to vote with a provisional ballot even if your name has a discrepancy or you are not in the poll book.
US elections allow voters to cast their ballots either in person or by mail. The United States does not have any elections that are online. Your polling place is the physical location assigned to you based on your mailing address, where you will go to vote in federal, state, and local elections. To find your polling place, go to vote411.org. Eligibility to vote by mail or absentee voting is determined by state – mailed ballots must be postmarked or hand delivered to an election authority within two weeks of Election Day.
As long as you are in line, you maintain the right to vote – even after the polls officially close. You also have the right to request a new ballot if you make a mistake and to understand your ballot in the language you are most familiar with.
You have the right to be free from voter intimidation and coercion. Examples of voter intimidation include aggressive questions about your citizenship, criminal record, or qualifications to vote, false and misleading signs, and spreading false information about voting.
References: Important Cases on LGBTQIA+ Rights
The following is a list of noteworthy or landmark cases decided by the United States courts. Since the United States uses a common law system, it utilizes previous court decisions to make many of its future rulings.
One, Inc. v. Olesen(1958). As a spinoff of the Mattachine Society, ONE was one of the earliest LGBTQIA+ publications in the United States – but they were deemed unmailable by the US Post Office Department and Federal Bureau of Investigation in 1954 under the Comstock Act of 1873, which was the federal standard for obscenity laws until 1973. The US Supreme Court ruled ONE did not violate any obscenity laws, upholding the constitutional protection for pro-LGBTQIA+ writing and publications. Additionally, One, Inc. v. Olesen was the first Supreme Court ruling related to LGBTQIA+ issues.
Manual Enterprises, Inc. v. Day (1967). During the height of the Lavender Scare and end of the Comstock Act, a great number of LGBTQIA+ publications came under attack as obscene – including physique modeling magazines by H. Lynn Womack, which were deemed unmailable due to obscenity. The 6-1 decision by the Supreme Court legalized the use, sale, and mailing of gay nude pornographic magazines.
Tinker v. Des Moines (1969). Five students in Des Moines, Iowa wore black armbands in protest of American involvement in the Vietnam War, which prompted the school to create a policy to suspend such political messaging. The Supreme Court ruled in favor of the students, establishing the Tinker Test as the minimum standard a school must prove that free speech is disruptive before it can be censored. In the 7-2 ruling, the Court stated, “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
Boutilier v. Immigration and Naturalization Service (1967). Clive Boutilier was denied American citizenship after revealing to the Immigration and Naturalization Service that he had been arrested for consensual same-sex activity in New York City, which he was later deported back to Canada on the basis that homosexuality was an exclusion criterion to legally enter the United States as a “psychopathic personality.” Since homosexuality was not removed by the American Psychiatric Association from the Diagnostic and Statistic Manual until 1973, it was viewed as a mental disorder – leading the Supreme Court to uphold the decision to deport Boutilier and the exclusion criteria of the Immigration and Nationality Act of 1952. This was later changed by legislative revisions in the Immigration and Nationality Act of 1965, Immigration Reform and Control Act of 1986, and Immigration Act of 1990.
Baker v. Nelson (1971). The original case that led to marriage equality through Obergefell v. Hodges in 2015, where Richard John Baker and James Michael McConnell applied for a marriage license in Minnesota but were denied for being a same-sex couple. They were the first to argue marriage equality was not forbidden by the US Constitution but was rather supported by various rights such as the First and Fourteenth Amendments. While the Supreme Court dismissed Baker v. Nelson, it set the stage for the arguments used in support of marriage equality.
Miller v. California (1973). Marvin Miller was arrested for violating California Penal Code 311.2(a) for operating a mail-order pornographic film and book business, viewing the material as obscene and illegal based on the previous Supreme Court rulings Memoirs v. Massachusetts and Roth v. United States. Eventually, the Supreme Court overturned Miller’s criminal conviction and established the Miller Test – a new federal standard for obscenity that overtook the outdated Comstock Acts of 1873. From 1973 onward, the Supreme Court has evaluated material as obscene or not if it meets all three of the following criteria: 1. the average person finds the material arousing based on contemporary community standards, 2. the average person would find the material as objectively offensive, AND 3. the work has zero serious literary, artistic, political, or scientific value.
Roe v. Wade (1973). Norma McCorvey (also known as Jane Roe) filed a lawsuit in Texas after she was denied an abortion since Texas law only permitted abortion as necessary to save the mother’s life. Roe v. Wade set a national precedent that the Fourteenth Amendment guaranteed Americans a right to privacy under the Due Process Clause in a 7-2 vote, which further entitled Americans to the privacy of an abortion. Prior to its overturn in 2022, Roe v. Wade was used as the foundation for many other major cases through the right to privacy and the Fourteenth Amendment’s guarantee of “life, liberty, and property.”
Doe v. Commonwealth’s Attorney of Richmond (1976). Two men anonymously challenged the sodomy law in Virginia by arguing the First, Fifth, Eighth, and Fourteenth Amendments protected their constitutional rights, making Doe v. Commonwealth’s Attorney of Richmond the first Supreme Court case to deal with sodomy laws. Even though the court upheld the sodomy law as constitutional and valid, it set the stage later for Lawrence v. Texas by applying the same principles of personal privacy as Roe v. Wade.
Fricke v. Lynch (1980). Cumberland High School denied Aaron Fricke the ability to take his same-sex partner to prom due to “real and present threat of physical harm to [Fricke], [his] male escort, and to others.” The federal court ruled that free speech entitles students to bring the date of their choice to school functions, including LGBTQIA+ students since the law does not side with violence. Cumberland High School failed to pursue the “least restrictive alternative” over denying Fricke’s rights, which would have included “determining the need for or logistics of additional security.” Fricke v. Lynch became a foundation that violent counter-protestors do not hold a “heckler’s veto” in overruling others’ rights.
National Gay Task Force v. Board of Education (1985). Oklahoma enacted a state law in 1978 that educators could be fired for engaging “in public homosexual conduct or activity” since it would render them unfit to hold the position as a teacher, student teacher, or teacher’s aide. The case ended with a tied 4-4 vote in the Supreme Court where the law was partially upheld and struck down.
Bowers v. Hardwick (1986). Michael Hardwick was arrested for felony-charged sodomy in Atlanta, Georgia, which he sued with representation from the ACLU that the arrest and law violated his right to privacy under the Fourteenth Amendment. The Supreme Court ruled in a conflicted 5-4 vote that the Fourteenth Amendment did not include sodomy, even if that sexual activity was between consenting adults. Despite the ruling, Hardwick argued, “there must be a rational basis for the law, and that there is none in this case other than the presumed belief of a majority of the electorate in Georgia that homosexual sodomy is immoral and unacceptable. This is said to be an inadequate rationale to support the law. The law, however, is constantly based on the notions of morality, and if all laws representing essentially moral choices are to be invalidated under the Due Process Clause, the courts will be very busy indeed.”
Webster v. Doe (1988). The National Security Act of 1947 authorized the Director of the Central Intelligence Agency to terminate any employee as deemed necessary at their discretion in the security interests of the United States. Former CIA employee John Doe alleged that he was terminated due to his sexual orientation since he had only received “excellent” and “outstanding” employee performances before being fired and CIA Director William J. Casey cited Doe’s homosexuality as a threat to national security.
In re Guardianship of Sharon Kowalski (1991). Sharon Kowalski was left paralyzed after being hit by a drunk driver, and placed in the guardianship of her father despite her requests to be placed into the care of her same-sex partner Karen Thompson. Kowalski’s father denied Thompson visitation and moved Kowalski to a nursing home 200 miles away, prompting Thompson to appeal the order. After a long battle, Thompson was given guardianship – becoming the first case establishing partner rights between same-sex couples before marriage equality.
Wisconsin v. Mitchell (1993). After discussing the anti-Black sentiments in the film Mississippi Burning with other Black Americans, Todd Mitchell incited a race-driven assault on a local white teenager walking home. Mitchell was convicted of aggravated battery with a raised sentence due to Wisconsin law increasing the penalty since it was committed based on race, religion, color, disability, sexual orientation, national origin, or ancestry. Mitchell appealed, arguing the hate crime law violated his First Amendment rights – but the Supreme Court eventually ruled Wisconsin’s reasoning for the increased penalty was in line with antidiscrimination law since Mitchell had committed the crime out of race-based bias, cementing the legal difference between hate crimes and First Amendment rights.
Farmer v. Brennan (1994). Dee Farmer was a transgender woman convicted of credit card fraud and incarcerated in men-only prisons, based on federal prison guidelines that placed transgender prisoners based on their medical transition status. Farmer was beaten, sexually assaulted, and potentially exposed to HIV, prompting her to file a lawsuit that the wardens and prison officials violated her Eighth Amendment rights by ignoring her need for safety despite knowing the increased vulnerability she had as a trans woman. The Supreme Court ruled 9-0 that the “deliberate indifference” to substantial risk of harm to an inmate made prison officials liable under the Eighth Amendment, becoming the first Supreme Court decision that directly addressed sexual assault in prisons.
Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston (1995). The Irish-American Gay, Lesbian, and Bisexual Group of Boston was denied the ability to participate in the city’s public celebration and mark for St. Patrick’s Day and Evacuation Day. The Supreme Court sided with the South Boston Allied War Veterans Council that they were allowed to exclude certain organizations on the basis that they remained as a private group that did not receive city funding and had the right to control the public message told by their event. This decision created a legal difference between events organized officially by government entities versus private organizations.
Romer v. Evans (1996). Richard Evans was joined by other LGBTQIA+ individuals throughout Colorado to sue over the voter-approved initiative on Amendment 2, which prevented all cities, towns, and counties in Colorado from recognizing LGBTQIA+ people as a protected class under anti-discrimination law. The Supreme Court decided in a 6-3 vote that Amendment 2 was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. While Romer v. Evans did not require states to include sexual orientation and gender identity within anti-discrimination law, it established that banning their inclusion was irrational according to the law.
Nabozny v. Podlesny (1996). Jamie Nabozny was bullied and physically harassed by classmates because of his sexual orientation, and his school failed to intervene on the basis that Nabozny’s decision to be out instigated verbal and physical abuse. With representation from Lambda Legal, Nabozny brought a lawsuit against both his former school district and numerous school officials for failing to protect him as a member of a discernible minority group under the Fourteenth Amendment. The federal court sided with Nabozny, awarding him $962,000 in damages. Additionally, Nabozny v. Podlesney became the foundational case alongside Title IX of the Education Amendments of 1972 for other anti-LGBTQIA+ bullying cases.
Oncale v. Sundowner Offshore Services, Inc. (1998). Joseph Oncale was repeatedly humiliated and assaulted by his coworkers at Sundowner Offshore Services, eventually quitting after his supervisors refused to intervene. He filed a complaint, arguing that he had been discriminated against in his work due to his sex – but his claim was originally denied because the court believed sex-related harassment only applied to discrimination between men and women, and Oncale was harassed by his male coworkers on the Gulf of Mexico oil rig. The Supreme Court voted unanimously to reverse this decision, stating that sexual harassment and discrimination can occur between members of the same sex and be done without ‘sexual desire’ under Title VII of the Civil Rights Act of 1964.
Baehr v. Miike (1999). Three same-sex couples filed a lawsuit when they were denied marriage licenses in Hawaii, which gained large-scale media attention through the nine years the lawsuit took place. While Baehr v. Miike granted same-sex couples the right to marry for a short time, this was quickly reversed by the federal Defense of Marriage Act. DOMA was written and passed to federally define marriage as the union of one man and one woman, created out of anti-LGBTQIA+ fear that Hawaii’s marriage equality would require other US states to recognize same-sex marriages under the Full Faith and Credit Clause of the United States Constitution.
Boy Scouts of America v. Dale (2000). James Dale was expelled from his position as assistant Scoutmaster when Boy Scouts of America officials read in an interview with Dale at Rutgers University that he was gay. In response, Dale filed a lawsuit for discriminating on the basis of sexual orientation – however, the Supreme Court ruled 5-4 that the Boy Scouts of America had the right to so under the First Amendment right to expression despite New Jersey anti-discrimination law on the basis that the Boy Scouts of America was a private organization. This national policy stayed in place until 2014 when queer youth were no longer banned from the organization and in 2015 when the ban on queer adults was further removed.
Baker v. Vermont (2000). Following the temporary success of Baehr v. Miike, LGBTQIA+ advocates in Vermont sued that same-sex couples were denied the benefits given to cisgender heterosexual couples through marriage. The Vermont Supreme Court ruled in favor of the advocates, requiring the state to implement a legal alternative to give same-sex couples the same rights and benefits. Baker v. Vermont is not a federal or Supreme Court case, but it established the use of civil unions to give LGBTQIA+ couples the same rights as traditional marriage did.
Colín v. Orange Unified School District (2000). The Orange Unified School District Board gave Anthony Colín and Heather Zeitin the option to finally form their student gay-straight alliance club on the condition they change the club name. Colín, Zeitin, and the GSA sued the district for being forced to go through additional barriers and requirements not placed on other student organizations at their school. The federal court ruled that the Equal Access Act granted the GSA the same rights as all other clubs at their school and that additional barriers could not be placed on some clubs and not all.
Brandon v. Richardson County (2001). JoAnn Brandon sued the Richardson County Sheriff in Nebraska for his abuse and willful negligence surrounding the murder of her transgender son Brandon Teena, with assistance from Lambda Legal. Despite his duty to protect witnesses, Sheriff Charles B. Laux took it upon himself to notify Brandon Teena’s rapists that he had pressed charges against them and took no steps to protect him from his later murder. The Nebraska Supreme Court found Laux liable both for his negligence and the abuse he committed himself against Brandon Teena. While not a federal or Supreme Court case, Brandon v. Richardson County was a high-profile case that led to the Local Law Enforcement Hate Crimes Prevention Act of 2009 which was combined to create the federal Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
Henkle v. Gregory (2002). After publicly coming out as gay in ninth grade, Derek Henkle was consistently harassed by other students. Failing to intervene as appropriate against the bullies, the school blamed Henkle for coming out and transferred him to two other schools before choosing to require Henkle to take GED courses at a local community college instead of reprimanding the anti-gay harassers. Washoe County School District was sued for $451,000 in damages, which was agreed upon before the case went to trial. It was the largest pretrial award of its kind in the United States and proved that previous cases like Nabozny v. Podlesney had long-lasting effects on LGBTQIA+ student rights.
Lawrence v. Texas (2003). John Geddes Lawrence Jr. was arrested in his Texas apartment for sodomy, which he appealed through the right to privacy under the Fourteenth Amendment based on the notion that Americans have the personal autonomy to define their private sexual relationships with consenting adults. The Supreme Court ruled 6-3 that Texas’s sodomy law was unconstitutional, overruling all of the anti-gay sodomy laws still present throughout the nation and overturning the Supreme Court’s previous decision in Bowers v. Hardwick. Lawrence v. Texas is one of the most famous LGBTQIA+ court cases in the United States since it officially legalized same-sex activity throughout the country.
Flores v. Morgan Hill Unified School District (2003). Six students sued Morgan Hill Unified School District for repeatedly ignoring and minimizing student reports of anti-gay bullying. Morgan Hill Unified School District unsuccessfully tried to argue they had qualified immunity. The court ruled with the students, citing the students were members of an identifiable class protected under the Equal Protection Clause of the Fourteenth Amendment and the school district had fair warning and knowledge their behavior was unlawful based on previous cases related to anti-gay bullying. Flores v. Morgan Hill Unified School District is not a federal or Supreme Court case, but it is another landmark case used to protect LGBTQIA+ student rights. Flores also established that students merely perceived as LGBTQIA+ maintain the same right to protection as students who are LGBTQIA+.
Matter of Matthew Cusick and Cirque du Soleil (2004). After spending months training and clearing exams for a gymnast show Matthew Cusick was hired for by Cirque du Soleil, they fired him shortly before the show because he had HIV. The federal Equal Employment Opportunity Office Commission sided with Cusick, requiring Cirque du Soleil to pay Cusick $600,000 for illegal discrimination since the Americans with Disabilities Act protects all people with disabilities in the United States from employment discrimination – which includes HIV. Matter of Matthew Cusick and Cirque du Soleil was settled without a lawsuit but still established the protections people living with HIV have under disability law.
United States v. Marcum (2004). Even though Lawrence v. Texas overturned sodomy laws throughout the United States, it did not automatically overturn similar rules within the US military such as Article 125 of the Uniform Code of Military Justice. Air Force technical sergeant Eric P. Marcum was tried by court-martial for sodomy under Article 125 and sentenced to 10 years of confinement and a dishonorable discharge. Marcum appealed the ruling, and the Court of Appeals for the Armed Forces found that Lawrence applies to the military’s sodomy laws, and United States v. Marcum overturned the remaining sodomy laws in the nation. However, the court did not overturn Marcum’s conviction due to the supervisory authority he held over the subordinate he had sex with. While sodomy laws were finally overturned in the military, Marcum did not overturn Don’t Ask, Don’t Tell – the official US policy that supposedly protected closeted LGBTQIA+ service members from harassment while serving but also barred open LGBTQIA+ people from the military.
Finstuen v. Edmondson (2007). Oklahoma enacted an extreme law in 2004 that deemed children adopted by same-sex couples as orphans, even if they were adopted in other states where the adoption was legally sanctioned. The federal court struck down Oklahoma’s law as unconstitutional via the Fourteenth Amendment, protecting the rights of same-sex couples who adopt out-of-state in states where in-state adoption by LGBTQIA+ couples is illegal.
Benitez v. North Coast Women’s Care Medical Group(2008). North Coast Women’s Care Medical Group denied Guadalupe “Lupita” Benitez’s infertility treatment because she was a lesbian, claiming their religious beliefs entitled them to withhold care based on her sexuality. According to federal law, healthcare providers still have to uphold state civil rights laws – leading the California Supreme Court to rule that those engaged in business cannot use religious views to cause harm or discriminate despite how sincere their religious views may be. Benitez v. North Coast Women’s Care Medical Group was not a federal or Supreme Court case, but it was a landmark decision that set a precedent in religious exemption laws.
Taylor v. Rice (2008). Despite easily passing the application process, Lorenzo Taylor was denied employment by the United States Foreign Service because he had HIV. Taylor argued that the policy barring all HIV-positive candidates from government employment violated the federal Rehabilitation Act that prohibited federal government discrimination against disabilities. Shortly before the trial went to court, the United States Foreign Service changed its policy to allow people living with HIV to work. Taylor v. Rice never went to court, but Matter of Matthew Cusick v. Cirque du Soleil established Taylor’s right to work in the federal government in a non-military role.
Snyder v. Phelps (2011). Seven members of the Westboro Baptist Church were led by church founder Fred Phelps to picket the funeral of US Marine Matthew Snyder. Snyder’s father filed a lawsuit against Phelps and Westboro Baptist Church for intentionally inflicting emotional distress, while Phelps argued their picketing fell under appropriate use of their right to free speech and peacefully protest under the First Amendment. The Supreme Court made an 8-1 decision in favor of Phelps – cementing a right to “special protection” under the First Amendment, with specific considerations on whether the picketing done by Westboro did not disturb the memorial itself. Since Westboro and Phelps remained on public property 1,000 feet away from the service and did not physically force Snyder to read/hear their negative speech, they were protected by the right to free speech.
Couch v. Wayne Local School District (2012). High school junior Maverick Couch was threatened with suspension for wearing a T-shirt with a rainbow Ichthys (or “sign of the fish”) and the slogan “Jesus Is Not a Homophobe.” Couch had worn the shirt in solidarity with Day of Silence, a national protest in US schools to demonstrate the effects of silencing LGBTQIA+ students by bullying, but the school argued that Couch’s shirt was “sexual in nature and therefore indecent and inappropriate in a school setting.” Lambda Legal backs Couch in filing a federal lawsuit, forcing Wayne Local School District to agree to a settlement of $20,000 and allowing Couch to wear the shirt. While Couch v. Wayne Local School District never went to court, it utilized concrete rationale that Couch was protected by previous cases like Tinker v. Des Moines and the Equal Access Act of 1984.
Hollingsworth v. Perry (2013). Also known as Perry v. Schwarzenegger and Perry v. Brown, Hollingsworth v. Perry was a series of federal court cases over California Proposition 8, which tried to ban same-sex marriage through the state’s constitution. The Supreme Court ruled that same-sex marriage was permitted to continue under the decision that proponents of Proposition 8 did not meet the necessary requirements to appeal the original decision to overturn it.
United States v. Windsor (2013). Edith Windsor sought to claim federal estate tax exemption after her same-sex spouse Thea Spyer died, who had left her entire estate to Windsor. However, Windsor was barred by Section 3 of the Defense of Marriage Act which led her to sue the federal government in the US District Court for the Southern District of New York. The Supreme Court decided in a vote of 5-4 that Section 3 of DOMA was unconstitutional because it deprived liberty protected by the Fifth Amendment since the Constitution prevented the federal government from treating heterosexual marriages differently than legal or state-sanctioned same-sex marriages. While talked about less than Lawrence v. Texas and Obergefell v. Hodges, United States v. Windsor set the stage for Obergefell by dismantling DOMA the same day the decision for Hollingsworth v. Perry was also issued.
Hatcher v. DeSoto County Board of Education (2013). Amber Hatcher was threatened with “ramifications” by her principal if she participated in the student-led demonstration Day of Silence against anti-LGBTQIA+ bullying – and was suspended after being called to the dean’s office. A lawsuit was filed against the DeSoto County Board of Education, using the well-settled precedent that students maintain a right to free speech – which was resolved by the United States District Court for the Middle District of Florida. However, the litigation wasn’t completed until 2014 when the DeSoto County Board of Education finally agreed to institute new policies allowing students going forward to participate in GSA and Day of Silence, as well as expunge Hatcher’s student records.
SmithKline Beecham v. Abbott Laboratories (2014). While preparing for SmithKline Beecham v. Abbot Laboratories, Abbott had a juror removed due to their sexual orientation since the case was between two giant pharmacy corporations on anti-HIV medication – a drug that was being used to price gouge LGBTQIA+ people. Instead, SKB v. Abbott Laboratories became a case on whether sexual orientation should be included within protected criteria for jurors based on the 1986 ruling in Batson v. Kentucky where the Supreme Court decided jurors cannot be removed due to race. The federal court ruled that like gender and race, removing jurors based on sexual orientation violated the Equal Protection Clause of the Constitution similar to Batson.
Rhoades v. Iowa (2014). Nick Rhoades, a queer man living with HIV, was sentenced to 25 years in prison and lifetime registration as a sex offender after having a one-night stand with a condom in 2008. The other individual in the encounter, Adam Plendl, found out Rhoades’ HIV status through a friend later and contacted the police with the charge he had been unlawfully exposed to HIV. Even though a condom had been used and Plendl did not contract HIV, Rhoades received poor counsel from his attorney to plead guilty to the maximum sentence. Through assistance from Lambda Legal, Rhoades successfully overturned his conviction through the Iowa Supreme Court based on the evolving scientific understanding of HIV and its treatment. Rhoades v. Iowa was not a federal or Supreme Court case, which is why HIV criminalization laws still exist across the United States – but it informs best practices and sets precedents for taking down those laws.
Obergefell v. Hodges (2015). Multiple plaintiffs filed federal district court cases in Michigan, Ohio, Kentucky, and Tennessee which were combined into Obergefell v. Hodges whether same-sex couples were entitled to state-sanctioned marriage the same way as cisgender heterosexual couples. In a 5-4 decision, the Supreme Court ruled same-sex couples have a fundamental right to marry through the Fourteenth Amendment’s Due Process Clause and Equal Protection Clause, overruling all bans on same-sex marriage in the United States and overturning Baker v. Nelson. Further, Obergefell created the legal requirement in all US states and territories to give same-sex couples the ability to marry and have equal protections and benefits as given to different-sex couples.
V.L. v. E.L. (2016). In 2007, Georgia granted same-sex partner V.L. adoption and parental rights to the three biological children of her partner E.L. However, after moving back to Alabama, V.L. and E.L. broke up and E.L. blocked V.L. from visitation. V.L. filed a lawsuit for equal custody, but the Supreme Court of Alabama ruled that the adoption was invalid. The US Supreme Court issued a per curiam decision based on the Full Faith and Credit Clause of the Constitution that V.L. was entitled to visitation rights since E.L. had expressly consented to the adoption in Georgia and that states must recognize adoption rights of same-sex couples in other states.
Pavan v. Smith (2017). Lesbian couples Leigh and Jana Jacobs and Terrah and Marisa Pavan conceived children through anonymous sperm donors, but the State of Arkansas (where the children were born) only recognized and accepted the birth mothers for the children’s birth certificates. Arkansas law required birth certificates to use the names of only biological parents, including in cases of anonymous sperm donors and did not permit non-biological parents to do so. The Supreme Court ruled Arkansas’ law denied queer couples benefits that are inherent to marriage, which further violated Obergefell v. Hodges and granted same-sex couples the right to marital presumption.
Hively v. Ivy Tech Community College (2017). Kimberly Hively was an openly lesbian part-time adjunct professor at Ivy Tech Community College but came to the conclusion she was a victim of employment discrimination for her sexual orientation when she was denied the same full-time employment and promotions her colleagues received despite working for the college for 14 years. The federal court ruled 8-3 that Title VII of the Civil Rights Act of 1964 protects sexual orientation as a protected class, siding with Hively.
Whitaker v. Kenosha Unified School District (2017). Transgender high school senior Ashton Whitaker was denied permission to use the boys’ restroom at his school under the argument that Whitaker’s presence would violate the privacy rights of his male classmates. Using Title IX of the Education Amendments Act and the Equal Protection Clause of the Fourteenth Amendment, Whitaker successfully won over the federal court that Kenosha Unified School District had failed to provide substantial proof that other students or parents would be genuinely harmed in comparison to the harmed caused by denying his request. Whitaker v. Kenosha Unified School District established that anti-transgender discrimination falls within the protections of Title IX as a type of sex-related discrimination.
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018). Colorado bakery Masterpiece Cakeshop was sued for refusing to make a custom wedding cake for a same-sex couple due to religious objection, which violated Colorado’s anti-discrimination laws. The Supreme Court ruled 7-2 in favor of Masterpiece Cakeshop, establishing the owners had a right to exercise free speech and religion as a privately owned business under the precedent of Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston and Boy Scouts of America v. Dale.
Bostock v. Clayton County (2020). Gerald Bostock was fired from his county job after expressing interest in a gay softball league at work, which he sued over violating his rights under Title VII of the Civil Rights Act of 1964. The United States Supreme Court made a 6-3 decision siding with Bostock, using the same rationale as Hively v. Ivy Tech Community College that sexual orientation is a sub-set of sex-based discrimination and therefore protected within the Civil Rights Act of 1964. The decision was also made for R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission and Altitude Express, Inc. v. Zarda, which were presented to the Supreme Court the same day due to their related nature. R.G. & G.R. Harris Funeral Homes Inc. fired transgender employee Aimee Stephens after she gave them notice she would be taking leave for a gender affirmation surgery, arguing that the Religious Freedom Restoration Act enabled them to exercise their power as a religious organization. In Altitude Express, Inc., Donald Zarda was fired for alleged misconduct after telling a client he was gay. Combined, Hively, R.G. & G.R. Harris Funeral Homes Inc., Altitude Express Inc., and Bostock v. Clayton County established LGBTQIA+ identities as a protected class within Title VII of the Civil Rights Act of 1964, giving federal employment protection based on sexual orientation or gender identity.
Mize-Gregg v. Pompeo (2020). Even though same-sex couple Derek Mize and Jonathan Gregg were both US citizens, their daughter Simone was born in the United Kingdom via surrogacy, which the US State Department refused to apply birthright citizenship to her and instead her as a child born out of wedlock only permitted in the US through a three-month tourist visa. According to the Department, same-sex couples were treated as single parents, and Simone was only technically biologically related to Jonathan – who didn’t meet the five-year residency requirement from living abroad in the UK, despite being a natural-born US citizen himself. The federal court ruled with Mize-Gregg, viewing her citizenship as birthright since she was born to two married US citizens and giving same-sex couples the same rights given to different-sex couples under the Immigration and Nationality Act.
Kiviti v. Pompeo(2020). Similar to Mize-Gregg v. Pompeo, the US Department of State refused to recognize the natural-born citizenship of Kessem Kiviti since she was the daughter of married same-sex couple Roee and Adiel Kiviti. Kessem Kiviti was seen as a child born out of wedlock since she was born via surrogacy in Canada. Like Mize-Gregg, the federal court sided with Kiviti and granted Kessem her birthright citizenship, ruling that the State Department had been inappropriately applying the “born out of wedlock” requirement of the Immigration and Nationality Act to married same-sex couples.
Ely v. Saul (2020). The National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders filed a class action lawsuit for a number of same-sex spouses who were denied equal access to Social Security survivor’s benefits. According to pre-Obergefell v. Hodges marriage laws, same-sex couples did not meet the requirements to receive the same benefits awarded to cisgender heterosexual married couples. The district courts in Arizona and California ruled that same-sex spouses were entitled to Social Security benefits, giving the right to survivor’s benefits to LGBTQIA+ couples across the nation after the Social Security Administration withdrew its appeal and began processing the claims.
Fulton v. City of Philadelphia (2021). The Roman Catholic Archdioceses of Philadelphia, which operated the Catholic Social Services foster care agency for the city, held a policy that they automatically refused LGBTQIA+ people as potential foster families due to religious belief. Several foster couples, including Sharonell Fulton and Toni Simms-Busch, brought a lawsuit against the city and Catholic Social Services for discriminating based on sexual orientation. The Supreme Court ruled unanimously that the city of Philadelphia and Catholic Social Services had violated same-sex couples’ protection under the Free Exercise Clause of the First Amendment, making a legal distinction that government-affiliated and contracted services like foster care are not applicable to exclude LGBTQIA+ people due to freedom of religion.
303 Creative LLC v. Elenis (2023). Lorie Smith, owner of website development company 303 Creative, LLC, made up a fake claim over a gay man named “Stewart” who had contacted her to make a website for his and his partner’s wedding. In her story, Smith argued it was against her faith as a Christian to do so and wanted to make a public notice on her website that she was unwilling to create websites that promoted same-sex relationships. Despite this story being entirely fake, Smith used it to take Colorado’s anti-discrimination law to court to legalize the use of “No Gays Allowed” signage in private businesses. The Supreme Court ruled 6-3 in favor of Smith, under the argument that 303 Creative was a private business that could exercise its First Amendment freedoms. The entire 303 Creative LLC v. Elenis case was controversial since it was based on a fabricated story, and internet archival data show that Smith and 303 Creative had zero Christian messaging until after she filed the lawsuit.
United States v. Skrmetti (2025). Three transgender teenagers filed a lawsuit against the State of Tennessee regarding HB 1, which prohibited gender-affirming care such as hormone replacement therapy or puberty blockers for minors regardless of whether they had parental permission and an official medical diagnosis. In late 2024, United States v. Skrmetti was brought to the Supreme Court to decide the fate of all gender-affirming care bans for minors across the country – determining whether the anti-transgender sex discrimination in such legislation is about to outweigh states’ control of medical care post-Roe v. Wade.
Resources
Advocates for Trans Equality @ transequality.org / Trans-centered legal organization that provides case litigation, election endorsements, and policy lobbying. Formerly known as the National Center for Transgender Equality and Transgender Legal Defense and Education Fund, A4TE operates both the Trans Legal Service Network (which connects users with steps on updating legal names and gender markers by state) and Trans Health Project at transhealthproject.org (which guides users through the healthcare insurance process to access care).
AIDS United @ aidsunited.org / National policy and advocacy organization that provides support and guidance related to HIV and AIDS. Their policy action center and resources connect users with tools on HIV issues.
American Bar Association @ americanbar.org / Membership organization that hosts online directories of pro bono and other free resources. abafreelegalanswers.org provides virtual legal advice at no cost.
American Civil Liberties Union @ aclu.org / Human rights organization that has aimed “to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States” since 1920. ACLU has chapters in every state that takes on court battles and campaigns, and their website hosts simplified guides on LGBTQIA+ rights, HIV, disability, prisoners, religious liberty, free speech, immigration, voting rights, and more.
Black & Pink @ blackandpink.org / Social justice and prison abolition organization that serves LGBTQIA+ people affected by the justice system. Black & Pink operates several programs to best transition queer and transgender people from detention into civil society with the best chance for stable outcomes – including their immensely popular pen pal program that connects LGBTQIA+ inmates.
Equality Federation @ equalityfederation.org / Non-partisan lobby and policy organization centered on LGBTQIA+ legislation throughout the United States. Their state legislation trackers allow users to find up-to-date information on recent pro and anti-queer bills.
Erin in the Morning @ erininthemorning.com / Independent transgender reporter who gives regular updates to LGBTQIA+ legislation throughout the United States on various social media platforms like TikTok, Bluesky, Instagram, etc.
Family Caregiver Alliance @ caregiver.org / Provides legal support and resources to family caregivers through planning, wellness programs, consultation vouchers, and ongoing digital support through the FCA CareNav. FCA also provides in-depth information about the legal rights and concerns of LGBTQIA+ individuals in the caregiving process.
FindLaw @ findlaw.com / Online legal dictionary and law directory, allowing anyone to research federal, state, or local laws as well as find relevant legal forms.
Gay and Lesbian Advocates and Defenders @ glad.org / Litigation defense that provides national representation to anti-LGBTQIA+ laws and cases. Also provides free and confidential legal assistance and referrals via GLAD Law Answers.
Gay, Lesbian, and Straight Education Network @ glsen.org / LGBTQIA+ organization that provides national support for queer and transgender students and educators in public schools. Offers case litigation and representation through its national and local branches, and provides state-by-state information at maps.glsen.org.
GLAAD @ glaad.org / American non-profit that works in media and legislation to ensure LGBTQIA+ people are fairly represented. Their accountability projects give media and entertainment industries guidance for LGBTQIA+ stories, as well as track the amount of representation versus censorship of queer identities in media per year.
Human Rights Campaign @ hrc.org / Civil rights organization that creates resources and guidance on LGBTQIA+ topics in addition to litigation and policy lobbying.
Immigrant Legal Resource Center @ ilrc.org / Network of attorneys, paralegals, and community-based advocates for immigrant justice within the United States. Offers legal information, ICE sightings and hotlines, a provider directory, and red cards to give immigrants easy access to show their rights regardless of language ability.
Immigration Equality @ immigrationequality.org / Legal assistance organization for LGBTQIA+ immigrants and immigrants living with HIV. Their Asylum Manual is a free resource over various laws, policies, and rights that apply to queer and transgender immigrants.
International Association of LGBTQ Judges @ lgbtqjudges.org / Worldwide collective of LGBTQIA+ judges that provides resources and funding to queer and transgender people aspiring to go into law.
International Lesbian, Gay, Bisexual, Trans, and Intersex Association @ ilga.org / Federation of nearly 2,000 organizations in over 160 countries around the world that work alongside the United Nations to ensure LGBTQIA+ people are given the basic human rights and dignity they deserve.
interACT @ interactadvocates.org / Youth-centered organization that works to end intersex human rights abuses across the world through legislation that values intersex bodily autonomy.
Justia @ justia.com / Collection of legal guides that explain laws, legal services, and policies around the world in everyday terms.
Lambda Legal @ lambdalegal.org / Advocacy and litigation organization that represents the interests of LGBTQIA+ people in the United States. Along with the ACLU and GLAD, Lambda Legal is one of the top organizations in the country fighting for queer and transgender rights.
LawHelp @ lawhelp.org / Program of Pro Bono Network to bring the power of law to everyone regardless of education or class. In addition to explaining the law in everyday terms, LawHelp and Pro Bono Net also provide legal assistance to immigrants via Immi and direct users to free legal documents as needed through LawHelp Interactive.
Legal Services Corporation @ lsc.gov / Independent nonprofit established by Congress to provide financial support and civil legal aid to low-income Americans. Their directory connects you to the nearest LSC-funded legal aid organization.
LGBTQ Victory Fund @ victoryfund.org / Political endorsement organization that supports LGBTQIA+ candidates seeking political office that align with pro-equality and pro-choice platforms.
Modern Military Association of America @ modernmilitary.org / Formerly known as the Servicemembers Legal Defense Network, Modern Military is the largest LGBTQIA+ military organization in the United States. Modern Military provides a variety of services, including litigation against anti-LGBTQIA+ laws.
Movement Advancement Project @ lgbtmap.org / Independent nonprofit think tank that ongoingly publishes research on LGBTQIA+ laws throughout the United States. MAP’s graphics offer general guidance on the number of protections or anti-LGBTQIA+ laws a state or territory has.
National Black Justice Coalition @ nbjc.org / The leading civil rights organization for Black LGBTQIA+ people in the United States, offering toolkits and resources in addition to political lobbying in favor of pro-queer and transgender rights.
National Center for Lesbian Rights @ nclrights.org / Despite the name, the National Center for Lesbian Rights is committed to advancing the civil and human rights of all LGBTQIA+ people through litigation, legislation, policy, and public education.
National Gay and Lesbian Task Force @ thetaskforce.org / The oldest national LGBTQIA+ rights organization in the United States that organizes census and voting campaigns as well as FedWatch, a network of over 400 organizations interested in federal policy advocacy.
National LGBTQ+ Bar Association @ lgbtqbar.org / National association of LGBTQIA+ lawyers, judges, law students, legal professionals, and affiliated legal organizations interested in promoting justice through diversity. The Association’s Affiliate Congress is a free directory of state voluntary bar associations for those seeking LGBTQIA+ legal counsel.
NMAC @ nmac.org /Also known as the National Minority AIDS Council, NMAC leads HIV policy and legislation related to communities of color. Their Advocacy 101 section guides users to become politically active and involved in local legislation with their elected representatives.
Nolo @ nolo.com/ One of the world’s largest libraries of consumer-friendly legal information, available entirely for free. Nolo provides free information on all areas of law, and continues to sell the same legal advice books that made them famous in the 1970s with easily understandable language.
Outright Action International @ outrightinternational.org / Advocacy organization dedicated to the LGBTQIA+ human rights movement throughout the world. Outright Action engages with the United Nations to develop global programs and initiatives towards creating a safer world for LGBTQIA+ people.
Pride Law Fund @ pridelawfund.squarespace.com / Funding service that sponsors legal projects and services, as well as education and outreach that promote the legal rights of LGBTQIA+ people and people living with HIV.
Southern Poverty Law Center @ splcenter.org / Racial justice organization that researches American hate groups and bias-related crimes. The SPLC’s Hate Map lists and reports recent hate-motivated crimes throughout the country, with information about relevant organizations and court cases.
Sylvia Rivera Law Project @ srlp.org / Collective founded to increase the political voice and visibility of low-income people and people of color who are transgender, nonbinary, intersex, or gender-nonconforming. SRLP’s programs and legal assistance are geared towards transgender people who are at risk of homelessness, have criminal records, or are immigrants.
Transgender Law Center @ transgenderlawcenter.org / Litigation organization that offers legal services and representation to transgender people in the United States. TLC has a number of programs for transgender immigrants, people living with HIV, people with disabilities, and people of color. Their Prison Mail Program also connects transgender people in prison, jails, state hospitals, and other forms of detention with legal services via TLC.
Trans Legislation Tracker @ translegislation.com / Independent research organization that tracks bills related to transgender and nonbinary people in the United States through the work of academics and journalists that publish the Trans Legislation Tracker’s data.
Vote411 @ vote411.org / Program by the League of Women Voters Education Fund that serves as a “one-stop-shop” for everything election-related with nonpartisan information. Vote411 provides guidance on general and state elections, as well as voter rights, election dates, absentee ballots, early voting, candidates, ID requirements, polling locations, registration, and more.
VOTE.GOV @ vote.gov / The official website of the United States on voter registration and information, operated by the General Services Administration and US Election Assistance Commission. Vote.gov gives detailed information about voting rights and requirements – including whether you are a first-time voter, college student, homeless, active military member, or have a felony conviction.
Williams Institute at UCLA @ williamsinstitute.law.ucla.edu / Independent research organization that conducts data on sexual orientation and gender identity in relation to law and public policy.
More than one million people in the United States have HIV, and thousands will die from AIDS-related complications this year alone. Read on relevant hotlines and the resource directory here.
HIV MYTHBUSTING
Myth #1: Only gay men can get HIV.
Although men who have sex with men have historically had higher infection rates, anyone can become infected with HIV – in fact, a growing number of new cases in the United States are heterosexual.
Myth #2: I’d know if I had HIV.
Most people with HIV don’t experience major symptoms, and you can’t tell someone has HIV just by the way they look. 1 in 7 people with HIV don’t even know – which is why it’s important to get tested regularly, especially if you engage with higher risk behaviors like being sexually active or using injectable drugs.
Myth #3: HIV will kill you.
As long as you take your prescribed medication, people with HIV can (and do) live long, healthy lives just like everyone else. HIV only becomes deadly when left undiagnosed and/or untreated.
Myth #4: It’s OK to have unprotected sex if both partners have HIV.
Unprotected sex is still risky, even if all partners involved have HIV. This is because you can still get other STDs like chlamydia, gonorrhea, and syphilis – and even other strains of HIV.
Myth #5: Birth control prevents HIV.
Condoms and medications like PEP and PrEP are the only way to prevent HIV – birth control methods like the pill, IUDs, and implants do NOT prevent HIV or other STDs.
Myth #6: PrEP, PEP, and other medications are too expensive for me.
Many US states and Canadian provinces cover PEP and PrEP for free or have assistance programs to make them free/affordable. Check your region’s laws for detailed information or visit PrEPMAP.
What’s the difference between HIV and AIDS?
Acquired Immunodeficiency Syndrome (AIDS) is the final and most severe stage of HIV if unmanaged, which occurs when the body’s immune system is badly damaged because of the virus. In the United States, most people with HIV do NOT develop AIDS because taking HIV medicine as prescribed stops the progression of the disease.
How is HIV transmitted?
You can only get HIV by coming into contact with certain bodily fluids from a person with HIV who has a detectable viral load. These fluids are blood, semen (also known as cum), pre-seminal fluid (pre-cum), rectal fluids, vaginal fluids, and breast milk.
“Viral load” refers to the amount of HIV someone has, essentially. A detectable viral load means they have more than 200 copies of the human immunodeficiency virus per milliliter of blood, which means they will show up on an HIV test and can transmit HIV to others.
In contrast, an undetectable viral load is when someone has fewer than 200 copies per milliliter – and people with an undetectable viral load have a “zero risk,” “effectively no risk,” or “one percent or less” chance of transmitting HIV to other people even without regular precautions like condoms, PEP, or PrEP. You achieve an undetectable viral load by taking your prescribed antiretroviral therapy medication regularly.
HIV can not be spread by kisses, hugs, or sharing food. Some behaviors that put you at a higher risk of getting HIV include anal and vaginal sex and sharing needles, while things like kissing and oral sex have a statistically nonsignificant chance of transmitting the virus.
The only way HIV is transmitted from open-mouth kissing or biting is if both partners have broken skin since HIV is a bloodborne pathogen – which is why it’s extremely rare and considered little/no risk by the CDC. Lastly, while having other STD/STIs or alcohol/drug use doesn’t necessarily increase the risk of getting HIV, they’re risky behaviors that generally correlate with increased HIV transmission.
via US Centers for Disease Control and Prevention. Use the HIV Risk Reduction Tool to learn about your risk for HIV based on behaviors and practices.
Can I prevent HIV?
Yes! There are more tools than ever to prevent HIV. By learning methods to prevent HIV transmission, you’re taking the first step to helping end the HIV epidemic. Some methods to prevent HIV transmission include taking PEP (post-exposure prophylaxis) or PrEP (pre-exposure prophylaxis), limiting needle and drug equipment sharing, getting regularly tested, etc. For US readers, visit HIV.gov for official HIV-related care and prevention providers.
Post-exposure prophylaxis, aka PEP, is an anti-HIV drug that is started within 72 hours after possible exposure to HIV. It’s used in emergencies, like having a condom break during sex or sexual assault. PEP is taken for 28 days, and followed up with additional testing and labs for 3 months – and it’s more effective the sooner it’s taken after possible infection. In comparison to PrEP, PEP is like a “Plan B” for HIV meant for emergencies.
Pre-exposure prophylaxis, or PrEP, is an anti-HIV prevention drug that becomes effective after seven days of use. Unlike PEP, PrEP is best for individuals who have regular HIV risk, like people who have casual hookups, share needles, or don’t consistently use condoms. When taken correctly, PrEP reduces the risk of getting HIV from sex by 99% and reduces the risk of getting HIV from sharing needles by 74%. As a metaphor, PrEP is similar to birth control and prevents HIV long-term like how the birth control pill prevents pregnancy. US readers can use the PrEP Locator to find PrEP providers nationwide, and NASTAD has information about whether non-providers (like pharmacies) can prescribe PrEP based on state or territory.
Who is at risk for HIV?
Anyone can get HIV since HIV can affect anyone regardless of sexual orientation, gender, race, ethnicity, age, or where they live. However, certain groups of people in the United States are more likely to get HIV than others because of particular factors.
According to the CDC…
The majority of new HIV diagnoses occur in the US South, in comparison to other regions like the Midwest, Northeast, West, etc. Nearly half of all new cases in the United States come from the South, while the Midwest and Northeast have the lowest rate of new diagnoses.
Men who have sex with men (MSM, queer men, bi+ men, and so on) account for 67% of new cases. 22% of cases happen from straight or heterosexual sex today.
7% of new HIV diagnoses come from people who inject drugs and share needles.
HIV disproportionately affects communities of color, too – 37% of new diagnoses are Black and 33% are Latine.
Most new HIV cases come from people between the ages of 25 to 34, and the second highest age group was those 24 and under – who made up 20% of new diagnoses in 2022.
How can I tell if I have HIV?
The only way to know for sure that you have HIV is to get tested. Despite what some may think, you can’t “tell” if someone has HIV just by looking at them and most people with HIV don’t experience major symptoms. 1 in 7 people with HIV don’t even know they have it – which is why testing is so important. While it may be scary to get tested for HIV, HIV is not a death sentence – people living with HIV can have long, healthy lives just like people without HIV as long as they get connected with the tools and medications needed to keep their HIV managed. For US readers, visit HIV.gov for official HIV-related care and prevention providers.
The history of HIV/AIDS, via UNAIDS 2021.
How do I get tested for HIV?
Getting tested for HIV is just as important as getting a regular check-up – people can only start HIV treatment if they know they are living with the virus. The earlier someone is properly diagnosed with HIV, the earlier they can begin life-saving treatment to manage their HIV. People can (and do) live long and healthy lives with early HIV detection.
Remember: the only way to know for sure that you have HIV is to get tested. A substantial amount of people with HIV report having no symptoms – especially since the majority of symptoms early on in HIV infection are similar to the common flu. The CDC recommends everyone should be tested for HIV at least once in their lives, while individuals with additional risk factors (ex. queer or bi+ men, sex workers, people who share needles) should get tested at least once a year. Most people aren’t recommended to get tested every three to six months unless they’re at extreme risk for HIV. Getting tested is important in ending the spread of HIV, keeping people living with HIV safe and healthy, and protecting those you love from contracting HIV.
There are three types of HIV tests, which use either blood, oral fluid/saliva, or urine. HIV tests look for antibodies and antigens that your body will only produce if you have the human immunodeficiency virus – but it takes time for bodies to begin developing the antibodies and antigens after being infected, which is why there’s a window period between contracting HIV and when it’ll show up on tests. Some tests have smaller windows than others. The three types of HIV tests are…
ANTIBODY TESTS, which only check for HIV antibodies in your blood or oral/saliva sample. The majority of rapid HIV tests are antibody tests, as well as the only version of HIV self-tests approved by the United States Food and Drug Administration. As a general rule, antibody tests that use blood from a vein have a smaller detection window than those that use saliva or blood from a finger stick.
ANTIGEN/ANTIBODY TESTS, which looks for both HIV antibodies and antigens in the blood. Antigens are a protein of the virus and show up much faster than antibodies, and antigen/antibody tests are the most common type of HIV test done in US labs.
NUCLEIC ACID TESTS, also known as NATs or viral load tests, detect the amount of HIV present in someone’s blood – which is useful for monitoring the virus. NATs can detect HIV as soon as 10 to 33 days after infection, but they’re more expensive than antibody tests or antigen/antibody tests – so they’re used for monitoring HIV treatment more than they’re used for general testing and screening.
HIV tests are widely available, and it’s your choice whether you’d prefer to go directly to your normal doctor or healthcare provider – or if you’d rather get tested at a hospital, medical clinic, substance use program, or community health center. Visit gettested.cdc.gov to find an HIV testing site near you. And if going IRL isn’t your style, there are also approved HIV tests you can do on your own at home or mail-in. Rapid self-tests give your full results in roughly 20 minutes, while mail-in self-tests are later mailed to a healthcare provider for greater accuracy. Together TakeMeHome is a program under the CDC to provide free rapid self-tests to anyone at least 17 years old in the United States.
WHAT HAPPENS IF I TEST POSITIVE? Your at-home or rapid self-test is positive if you have two complete lines – one next to the “C” and another (even a faint line) next to the “T.” The presence of two lines means you may have HIV, and there are a lot of next steps – but first, take a deep breath and remember: you are not alone; medical treatments are available to help people live long, healthy lives; and having HIV does not mean that you have or will get AIDS. Learning that you may have HIV can be distressing, which is why OraQuick has a toll-free support line at 866-436-6527.
A clinic or healthcare provider will have to confirm your results, so you should visit a healthcare professional as soon as possible. If your results are confirmed, you’ll be give resources and information about HIV medication, treatment, and management, as well as counseling, case management, and connections to HIV support organizations and tools. Healthcare workers are duty-bound to keep all your medical information confidential unless you give them explicit permission to share it – so no one (including your family or workplace) needs to know about your test or your test results.
WHAT HAPPENS IF I TEST NEGATIVE? Your at-home or rapid self-test is negative if you have one complete line – right next to the “C.” To be negative, there should be no line (however faint) next to the “T.” If your result is negative and it’s been at least three months since your possible HIV exposure, you likely do not have HIV. Continue to maintain healthy and safe sexual habits like condoms and PrEP, and get tested as needed.
Remember that a negative at-home or self-test does not mean that you are not infected with HIV. Due to the window of time that it takes for HIV tests to detect HIV via antibodies and antigens, it’s possible to get a false negative HIV test.
What are my rights regarding HIV?
Rights for individuals living with HIV vary drastically depending on where you live in the world. Due to stigma, people with HIV are discriminated against at work, at home, and at the doctor’s office – knowing your rights is the first step in defending them.
In the United States, all individuals with HIV are protected by the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, which is enforced by the Department of Health and Human Services and the Office for Civil Rights. These laws prohibit any anti-HIV discrimination by healthcare and human services agencies that receive federal funding, as well as any discrimination by state or local governments – including services, activities, or programs provided by state or local governments. Anyone can file a report with the Office for Civil Rights online or by mail.
While many US states and territories require you to disclose your HIV status, you’re only required to disclose it to certain people. At the time of this article, thirteen states require you to disclose your status to potential sexual partners, while four require disclosure to anyone you share a needle with. Depending on the state, failure to disclose status can lead to life in prison. You do not have to disclose to anyone else – including your family or friends. While most American employers have the right to ask about your health in certain fields, you don’t have to disclose to your workplace in most cases. The Americans with Disabilities Act protects you from anti-HIV discrimination – which means hiring managers can’t ask you about your health and companies have to make reasonable adjustments as needed.
The Fair Housing Act makes anti-HIV discrimination in US renting and housing entirely illegal. No one can be legally denied housing, harassed, or evicted due to HIV status.
Also at the time of this article, people living with HIV cannot be denied healthcare in the United States. Healthcare insurance must cover pre-existing conditions like HIV and cannot cancel your policy because of a new diagnosis. The Affordable Care Act (also known as Obamacare) prohibits such discrimination within healthcare, and HIV medications, lab tests, and counseling have to be covered.
HIV-Related Care Hotlines
GLOBAL 🇺🇳 AIDS Healthcare Foundation @ aidshealth.org / 323-860-5200 / International nonprofit based in Los Angeles that operates a network of HIV services in over 40 countries across Latin America, Africa, Asia, and Europe. 🇺🇳 International Planned Parenthood Federation @ ippf.org / 202-987-9364 / Global healthcare provider that has been a leader in sexual and reproductive health for all since 1952. 🇺🇳 UNAIDS @ unaids.org / 41-22-595-59-92 / International agency that seeks to end AIDS as a public health threat by 2030 and has operated since 1996 to assist the United Nations in combating HIV and AIDS.
NORTH AMERICA 🇨🇦 Canadian AIDS Treatment Information Exchange @ catie.ca/ 416-203-7122 / The primary national information and resource center on HIV, Hepatitis C, and substance misuse in Canada. 🇺🇸 CDC-INFO @ cdc.gov / 800-232-4626 / Live support to help Americans find the latest and reliable science-based health information, including CDC guidance and resources. 🇨🇦 HIV and Sexual Health Infoline Canada @ sexualhealthontario.ca / 800-668-2437 / Free anonymous telephone and instant message service available in English and French on sexual health topics. Advice and counseling can be available for any Canadian resident, although services are specified for Ontario. 🇺🇸 HIV/AIDS/Hepatitis C Nightline / 800-273-2437 / US hotline providing support for people living with HIV or Hepatitis C as well as their caregivers. 🇺🇸 HIV Management Warmline / 800-933-3413 / Non-emergency telephone service for questions about HIV, antiretroviral therapy, HIV clinical trials, and laboratory evaluation in the United States. 🇺🇸 LGBT National Help Center @ lgbthotline.org / 888-843-4564 /Free and confidential peer-support, information, and local resources where volunteers help connect you to other groups and services in the US. Also maintains a coming out hotline, youth talkline, and senior hotline. 🇺🇸 National AIDS Hotline / 800-243-2437 / Federal hotline to refer the general American public to relevant state and local resources. 🇺🇸 National AIDS Treatment Advocacy Project @ natap.org / 212-219-0106 / Nonprofit corporations in the United States that educates individuals on HIV treatments on the local, national, and international level. 🇺🇸 National Clinician Consultation Center @ nccc.ucsf.edu / 833-622-2463 / Teleconsultation resource that educates US healthcare providers with information and answers on HIV and Hepatitis C. 🇺🇸 NIH Office of AIDS Research @ hivinfo.nih.gov / 800-448-0440 / Confidential answers to questions on HIV/AIDS clinical trials and treatment in the United States. 🇺🇸 PEPline / 888-448-4911 / Hotline for individuals interested in information about PEP, especially those who have been possibly exposed to HIV while on the job in the United States. 🇺🇸 Perinatal HIV Hotline / 888-448-8765 / Resource hotline available 24/7 in the United States for pregnant people living with HIV to find answers and tools. 🇺🇸 PrEPline / 855-448-7737 / Hotline about how to start, continue, or manage use of PrEP for HIV within the US. 🇺🇸 SAGE x HearMe @ sageusa.org / The United States’ largest and oldest organization dedicated to improving the lives of LGBTQIA+ older people. SAGE now offers supportive services and resources through the SAGE x HearMe app, formerly known as the SAGE LGBTQ Elder Hotline. 🇺🇸 The Trevor Project @ thetrevorproject.org / 866-488-7386 / The leading suicide prevention and crisis intervention organization centered on LGBTQIA+ young people in the United States. Offers 24/7/365 information and support to those ages 13 to 24 with trained counselors via call, text, or instant message. 🇺🇳 Trans Lifeline @ translifeline.org / 877-565-8860 / Transgender-centered crisis organization that does not use involuntary intervention/forced hospitalization to provide support to transgender people through fully anonymous and confidential calls within the United States and Canada.
LATIN AMERICA 🇯🇲 National HIV/STI Helpline @ hstu.moh.gov.jm / 876-536-9141 / Program under the Ministry of Health and government of Jamaica to implement and support HIV/AIDS response in the nation.
EUROPE 🇩🇪 AIDS-Hilfe Helpline @ aidshilfe.de / 0180-33-19411 / Telephone counseling provided via the telephone that answer provides information in Germany on HIV/AIDS. 🇷🇺 HIV Hotline @ стопвичспид.рф/ 8-800-555-49-43 / Hotline operated in conjunction with Russia’s STOP HIV/AIDS campaign to answer questions about HIV. 🇫🇷 Sida Info Service @ sida-info-service.org / 0-800-840-800 / Free confidential telephone service for anyone in mainland France or in affiliated overseas departments to get information regarding HIV. Callers from outside France should dial 00-31-1-41-83-42-77. 🇬🇧 Terrence Higgins Trust @ tht.org.uk / 0808-802-1221 / Telephone and live chat service for individuals residing in the United Kingdom seeking support and information about HIV.
ASIA 🇭🇰 AIDS Hotline / 852-2780-2211 / Counseling staffed by trained nurses for information about HIV and testing in Hong Kong. 🇮🇱 AIDS Task Force @ aidsisrael.org.il / 03-5619900 / Telephone and WhatsApp service for individuals in Israel seeking support and resources about HIV and AIDS. 🇭🇰 Gay Men HIV Testing Hotline / 852-21171069 / Free anonymous and confidential HIV testing service provided in Hong Kong by appointment and telephone. 🇷🇺 HIV Hotline @ стопвичспид.рф/ 8-800-555-49-43 / Hotline operated in conjunction with Russia’s STOP HIV/AIDS campaign to answer questions about HIV. 🇮🇳 National AIDS Control Organization Helpline @ naco.gov.in / 1097 / National Indian helpline that provides counseling and awareness on HIV/AIDS prevention, treatment, and education. 🇵🇭 National HIV and AIDS Hotline @ pnac.doh.gov.ph / 02-8651-7800 / National telephone support line for HIV and AIDS information in the Philippines, provided by the Department of Health and Philippine National AIDS Council. 🇹🇷 Positive Living Association @ pozitifyasam.org / 0216-418-10-61 / Support line in Türkiye to make up-to-date information about HIV accessible and connect people with relevant testing and prevention services.
AFRICA 🇳🇬 AIDS Helpline / 234-01-772-2200 / Toll-free hotline system for accurate and up-to-date information about HIV/AIDS in Nigeria. 🇺🇬 AIDS Information Centre @ aicug.org/ 256-39-3101893 / Healthcare network that leads HIV/AIDS treatment, prevention, and counseling throughout Uganda. 🇿🇦 National AIDS Helpline @ lifelinesa.co.za / 0800-012-322 / Emotional support counseling for HIV/AIDS in South Africa. 🇰🇪 National HIV and AIDS Helpline @ nhcsc.nascop.org / 0726-460-000 / Hotline operated by the National HIV Clinical Support Center to advise individuals in Kenya about HIV/AIDS.
OCEANIA 🇳🇿 Burnett Foundation @ burnettfoundation.org.nz / Free and confidential counseling for people living or affected by HIV in New Zealand, available by appointment. 🇦🇺 National HIV/AIDS Information Line / 1800-451-624 / Advice line that connects individuals to qualified sexual health nurses in Australia for confidential information about HIV, operated by the Sexual Health Info Link.
HIV & AIDS Resources
GLOBAL 🇺🇳 Global Network of People Living with HIV @ gnpplus.net / Network operated by people living with HIV for people living with HIV, regardless of geographic location. 🇺🇳 International AIDS Society @ iasociety.org / Research-based organization that develops holistic approaches to HIV/AIDS treatment and prevention. 🇺🇳 International Planned Parenthood Federation @ ippf.org/ Global healthcare provider that has been a leader in sexual and reproductive health for all since 1952. 🇺🇳 The Global Fund to Fight AIDS, Tuberculosis, and Malaria @ theglobalfund.org / Worldwide partnership to combat HIV, tuberculosis, and malaria and create healthy, safe, and equitable communities. 🇺🇳 UNAIDS @ unaids.org / International agency that seeks to end AIDS as a public health threat by 2030 and has operated since 1996 to assist the United Nations in combating HIV and AIDS.
NORTH AMERICA 🇺🇸 AIDS Drug Assistance Program@ adap.directory / Patient-centric project that provides HIV-related services and prescription medication to hundreds of thousands of people in the United States by linking individuals with their local state or territory agency. 🇺🇸 Asian Pacific AIDS Intervention Team @ apaitssg.org/ Grassroots AIDS service organization centered on Asian and Pacific Islanders with HIV, based in the United States. 🇺🇸 Bienestar Human Services @ bienestar.org / US community-based social services organization that caters to Latino Americans living with HIV, especially LGBTQIA+ Latino Americans. 🇺🇸 Black AIDS Institute @ blackaids.org / Think tank that aims to end the HIV/AIDS epidemic in the Black American community through awareness messaging, information, and robust programs. 🇨🇦 Canadian Aboriginal AIDS Network @ caan.ca / Agency in Canada that provides resources and tools to Indigenous and Aboriginal Canadians. 🇨🇦 Canadian AIDS Society @ cdnaids.ca / Grassroots network that leads community-based HIV/AIDS resources in Canada. 🇨🇦 Canadian AIDS Treatment Information Exchange @ catie.ca / The primary national information and resource center on HIV, Hepatitis C, and substance misuse in Canada. 🇨🇦 Canadian HIV/AIDS Legal Network @ hivlegalnetwork.ca / Network that promotes the human rights of people living with HIV/AIDS across Canada, which includes legal representation and legislation advisement. 🇺🇸 HIV. GOV @ hiv.gov / Offers information about HIV/AIDS prevention, treatment, and resources for anyone in the United States. 🇺🇸 HIV.GOV Service Locator @ locator.hiv.gov / Location-based search tool managed by the United States Department of Health and Human Services to allow anyone to find local HIV testing services, housing providers, health centers, PrEP, PEP, and other related needs. 🇺🇸 Latino Commission on AIDS @ latinoaids.org / Nonprofit organization in response to the critical unmet need for HIV prevention, treatment, and education in the Latino community in the United States. 🇺🇸 National Minority AIDS Council @ nmac.org / Advocacy nonprofit that provides training and resources catered to marginalized communities in the United States. 🇺🇸 National Native HIV Network @ nnhn.org / Indigenous-led network that mobilizes American Indians, Indigenous Americans, Alaska Natives, and Native Hawaiians towards community action. 🇺🇸 Positively Trans @ transgenderlawcenter.org / Program through the Transgender Law Center to support transgender people living with HIV in the United States. 🇺🇸 Positive Women’s Network @ pwn-usa.org / Advocacy and resource organization for women living with HIV. 🇺🇸 Ryan White HIV/AIDS Program @ ryanwhite.hrsa.gov / National services and resources for low-income individuals living with HIV in the US. 🇺🇸 TheBody.com Hotline @ thebody.com / News site based in New York that centers on publishing HIV-related information. 🇺🇸 The Well Project @ thewellproject.org / United States nonprofit that primarily supports women and girls living with HIV/AIDS.
LATIN AMERICA 🇺🇳 RedLA+ @ redlactrans.org / Network of organizations that focus on transgender people throughout Latin America, especially those who are living with HIV.
EUROPE 🇺🇳 AIDS Action Europe @ aidsactioneurope.org/ Regional network of over 370 NGOs, national networks, and community-based groups to support legislation related to HIV/AIDS in 47 different countries. 🇺🇳 European AIDS Treatment Group @ eatg.org/ Advocacy and research organization that responds to and develops HIV/AIDS-related initiatives. 🇬🇧 National AIDS Trust @ nat.org.uk / The primary HIV rights charity in the United Kingdom.
ASIA 🇺🇳 Asia Pacific Network of People Living with HIV @ apnplus.org / Peer-led organization that improves the quality of life for people living with HIV/AIDS in the Asia Pacific region. 🇮🇳 India HIV/AIDS Alliance @ allianceindia.org / Non-governmental organization that partners with various civic society, government, and community groups to support HIV prevention and treatment programs. 🇺🇳 Middle East and North Africa Harm Reduction Association @ menahra.org / Network of HIV/AIDS prevention and treatment organizations in 20 different countries across the Middle East and Northern Africa. 🇹🇭 MPlus Foundation @ mplusthailand.com/ Community-based sexual health and rights organization based in Thailand that works to end HIV discrimination and transmission. 🇹🇭 Thai Red Cross AIDS Research Centre @ trcarc.org / Research organization and health clinic that serves individuals with HIV/AIDS in Thailand.
AFRICA 🇺🇳 African Network for the Care of Children Affected by HIV/AIDS @ anecca.org / Reproductive health organization that serves people living in Uganda, Burundi, Ethiopia, Nigeria, Malawi, Tanzania, and South Sudan. 🇿🇦 Desmond Tutu HIV Foundation @ desmondtutuhivfoundation.org.za / Health organization that partners with various international research groups to develop community programs in South Africa. 🇺🇳 Middle East and North Africa Harm Reduction Association @ menahra.org / Network of HIV/AIDS prevention and treatment organizations in 20 different countries across the Middle East and Northern Africa. 🇿🇦 Treatment Action Campaign @ tac.org.za / Civic society organization based in South Africa that leads campaigns centered on improved healthcare for people living with HIV/AIDS.
OCEANIA 🇺🇳 Australian Federation of AIDS Organizations @ healthequitymatters.org.au/ Federation of HIV and LGBTQIA+ organizations in Australia and Oceania that provides policy expertise and resource support. 🇳🇿 Burnett Foundation @ burnettfoundation.org.nz / Formerly known as the New Zealand AIDS Foundation, the Burnett Foundation Aotearoa is a community-led response organization that tackles HIV throughout New Zealand. 🇺🇳 Pacific Sexual and Gender Diversity Network @ psgdn.org / Collective between the countries of Fiji, Samoa, and Tonga to advocate for the needs of people living with HIV, especially LGBTQIA+ people.
