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 and United 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.

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.

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.
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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

1. The average person would find the material erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid using contemporary adult community standards,
2. The average person would find the material offensive using contemporary adult community standards,
3. 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 and Manual Enterprises, Inc. v. Day, which use the Miller test to permit adult LGBTQIA+ material in the United States.

Same-sex, queer, or gay marriage has been federally legalized in the United States since 2015 through the Supreme Court decision in Obergefell v. Hodges. All states must issue marriage licenses for same-sex couples in the same matter heterosexual couples are issued licenses. Additional court cases on marriage equality include In re Guardianship of Sharon Kowalski, Baehr v. Miike, Baker v. Vermont, Hollingsworth v. Perry, United States v. Windsor, V.L. v. E.L., and Ely v. Saul.

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.”

Through the ruling of Obergefell v. Hodges and the passage of the Respect for Marriage Act, married same-sex couples have the same benefits and rights granted to heterosexual married couples. Since adoption laws vary drastically by state, there are many different paths available for couples seeking to pursue a family – such as second-parent or co-adoption, stepparent adoption, assisted reproduction, functional parent doctrines, and voluntary acknowledgment of parentage. The only form of adoption and custody protected at the federal level is marital presumption, where a person is assumed as a parent of a child not by biological relationship but because they are married to the biological or legal parent. Relevant cases related to LGBTQIA+ adoption and family issues include Finstuen v. Edmondson, Benitez v. North Coast Women’s Care Medical Group, United States v. Windsor, V.L. v. E.L., Pavan v. Smith, Mize-Gregg v. Pompeo, Kiviti v. Pompeo, Ely v. Saul, and Fulton v. City of Philadelphia. If you think your rights have been violated, get in touch with your ACLU state office.

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.

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.

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.”

– “Fricke v. Lynch, 491 F. Supp. 381,” by Chief Judge Pettine

After the Supreme Court decisions in 2020 over Bostock v. Clayton County, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, Altitude Express, Inc. v. Zarda, and Hively v. Ivy Tech Community College, sexual orientation and gender identity became protected classes from employment discrimination under Title VII of the Civil Rights Act of 1964. This protects LGBTQIA+ people from discrimination during hiring, firing, promotions, training, work assignments, pay, benefits, discipline, and other terms of employment regardless of employer type (ex. private, public, government, etc.) as long as the employer has at least 15 employees. File a Title VII violation here.

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.

Laws that permit people, churches, nonprofit organizations, and corporations to use religious belief to exclude LGBTQIA+ people regardless of existing laws are called religious exemption laws, which have become more popular over the past three decades through the Religious Freedom Restoration Act. Through religious exemption, businesses and organizations deny reproductive healthcare, marriage, public business, and employee benefits. The Religious Freedom Restoration Act, as well as the decision in 303 Creative LLC v. Elenis, Masterpiece Cakeshop v. Colorado Civil Rights Commission, Boy Scouts of America v. Dale, and Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston, give federal religious exemption to private businesses and organizations – including the use of “No Gays Allowed” public signage. However, government-sanctioned organizations are not entitled to claim religious exemption, as decided in Benitez v. North Coast Women’s Care Medical Group.

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.

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 Development Office 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.

The Department uses the same understanding that sex-based discrimination protections include sexual orientation and gender identity as Supreme Court cases over Title VII of the Civil Rights Act of 1964. The Fair Housing Act has prohibited discrimination in federally-assisted housing since 2012 and has included gender identity and sexual orientation since Bostock v. Clayton County, while Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the Housing and Community Development Act of 1974, Title II of the Americans with Disabilities Act of 1990, Architectural Barriers Act of 1968, Age Discrimination Act of 1975, and Title IX of the Education Amendments Act of 1972 prohibit discrimination in both private and public housing.

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.

LGBTQIA+ individuals are also protected from discrimination in credit and lending, as sexual orientation and gender identity are protected under the Equal Credit Opportunity Act and Consumer Financial Protection Bureau. These protections give queer and transgender people protection in opening bank accounts, taking loans, and using other credit services. Discrimination reports should be filed with the Consumer Financial Protection Bureau.

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.

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.

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.

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.

The Hate Crime Statistics Act of 1990 and Campus Hate Crimes Right to Know Act of 1997 mandate the Department of Justice and the Federal Bureau of Investigation to collect, maintain, and publish hate crime statistics to the general public.

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.

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. Rice and 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.

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.

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.

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.

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.

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. Kenosha Unified 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 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.

🏅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 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.

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.