An illustrated collage of 3 people smiling and the LGBTQ+ flag

LGBTQ Rights

Learn about your rights as a member of the LGBTQ community.

Issue: LGBTQ Rights
Last Updated: September 30, 2025

Overview

The legal landscape for LGBTQ people is constantly evolving. If you think you have been discriminated against and would like our assistance, please visit our Report LGBTQ and HIV Discrimination Page and we can help you figure out whether you are protected under federal or state laws.

All Scenarios

open letters<\/a> on a variety of LGBTQ issues that you can use when advocating for your rights with school administrators.<\/p>\n<p>If you\u2019ve been discriminated against based on sexual orientation or gender identity, the ACLU may be able to help. Contact us at our national office\u202f<a href=https://www.aclu.org/"https:////action.aclu.org//legal-intake//report-lgbtqhiv-discrimination/">here, or you can find your local ACLU office\u202f<a href=https://www.aclu.org/"https:////www.aclu.org//about//affiliates/">here./n"},{"title":"Does the law protect my right to use the restroom consistent with my gender identity?","slug":"does-the-law-protect-my-right-to-use-the-restroom-consistent-with-my-gender-identity","content":"<h3>Your rights<\/h3>\n<p>Your rights may vary state to state. In some places, state and local laws that prohibit discrimination based on gender identity or expression should protect transgender people\u2019s right to use public restrooms and locker rooms that match their gender identity. We believe that laws that ban sex discrimination should also be interpreted by the courts to protect transgender people. While federal law in this area is uncertain, most courts to address this question have found in favor of transgender people being able to access facilities most consistent with their gender identity. In other states, lawmakers have banned transgender people from using some facilities consistent with their gender identity.<\/p>\n<p>But even in those states, many businesses, universities, and other public places are welcoming to all.<\/p>\n<p> <\/p>\n<h3>How the law varies in different states and cities<\/h3>\n<p>Some places -- for example, states like Colorado, Iowa, Oregon, and Washington, and cities like San Francisco and New York City -- specifically grant transgender people the right to use gender identity-appropriate restrooms in public spaces.<\/p>\n<p>Some cities -- like Austin, Texas, New York City, Philadelphia, and West Hollywood -- require that single-stall public restrooms be labeled as all-gender.<\/p>\n<p> <\/p>\n<h3>If you believe your rights are violated<\/h3>\n<p>What you can do depends largely on where the discrimination took place, whether any state or local laws there might apply to your situation, and where things are with federal lawsuits currently in play.<\/p>\n<p> <\/p>\n<h3>Additional resources<\/h3>\n<p><a href=https://www.aclu.org/"https:////www.lgbtmap.org//equality-maps//nondiscrimination//bathroom_bans/">More details about state-level restrictions on facility access can be found here.<\/a><\/p>\n<p>If you\u2019ve been discriminated against based on sexual orientation or gender identity, the ACLU may be able to help. Contact us by filling out an intake form.<\/p>\n"},{"title":"How do I update the gender marker on my US passport?","slug":"how-do-i-update-the-gender-marker-on-my-us-passport","content":"<h3>Your rights<\/h3>\n<p>In January 2025, President Trump issued an Executive Order that directed the State Department to stop issuing passports with updated gender markers or X designations for trans and nonbinary travelers. <a href=https://www.aclu.org/"https:////www.aclu.org//cases//orr-v-trump/">The ACLU filed a class action lawsuit<\/a> and the situation is evolving.<\/p>\n<h3><\/h3>\n<h3>Additional resources<\/h3>\n<p><a href=https://www.aclu.org/"https:////www.aclu.org//trumps-assault-on-transgender-rights//qa-orr-v-trump/">Please check here<\/a> for the most up-to-date information regarding passport access.<\/p>\n"},{"title":"What if I have different gender markers on different IDs or records?","slug":"what-if-i-have-different-gender-markers-on-different-ids-or-records","content":"<h3>Your rights<\/h3>\n<p>There is no legal obligation to have consistent gender markers on various documents, and you should obtain the gender marker on each document that is most comfortable for you.<\/p>\n<p>Different gender markers on documents may cause administrative confusion if you show them at the same time, or if there is a discrepancy between the gender marker on your ID and the marker in your record. The confusion may be uncomfortable when interacting with an agent, but can usually be cleared up with a conversation.<\/p>\n"},{"title":"Can I still lawfully access gender affirming healthcare? ","slug":"can-i-still-lawfully-access-gender-affirming-healthcare","content":"<h3>Your rights<\/h3>\n<p>If you\u2019re over age 19, there are no legal restrictions on accessing care. Some states, however, have made it more difficult to access care by restricting coverage under Medicaid and other government health insurance programs. For transgender adolescents under age 19, many states have made it impermissible to access this care within the state, either by criminalizing or otherwise banning the care.<\/p>\n<p> <\/p>\n<h3>Additional resources<\/h3>\n<p>Here is a current state-by-state <a href=https://www.aclu.org/"https:////www.lgbtmap.org//equality-maps//healthcare_youth_medical_care_bans/">map of restrictions on accessing gender affirming care.<\/p>\n<p>In early July 2025, the Department of Justice announced that it had sent over 20 subpoenas to healthcare entities that provide gender-affirming medical care for minors. Here is <a href=https://www.aclu.org/"https:////www.aclu.org//trumps-assault-on-transgender-rights//doj-subpoenas-healthcare-trans-youth/">fact sheet<\/a> with information about the subpoenas and options for parents of and advocates for transgender youth to consider regarding the privacy of their medical records and information. <\/p>\n"},{"title":"What about other anti-trans executive orders and actions?","slug":"what-about-other-anti-trans-executive-orders-and-actions","content":"<p>To learn more about the ACLU\u2019s response to President Trump\u2019s anti-trans attacks and the evolving landscape, <a href=https://www.aclu.org/"https:////www.aclu.org//trumps-assault-on-transgender-rights/">click here<\/a>.<\/p>\n"}]" >