A simmering, difficult, and timely question returns to the Supreme Court this fall: What happens when freedom of speech and civil rights collide?
The court took up similar questions four years ago in the famous “gay wedding cake” case, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, about a baker who refused to provide services for a same-sex couple based on his religious beliefs. The justices ruled in his favor, but did so on narrow grounds, sidestepping the direct constitutional questions over freedom of religion and free speech.
Now, another case from Colorado about free speech and same-sex marriage has made its way to the court: 303 Creative v. Elenis. As a professor of law and education who pays particular attention to First Amendment issues, I see the case highlighting tension between two competing fundamental interests – interests that seem to clash routinely in 21st-century America.
On Aug. 30, 2022, for example, another similar case was decided, this time in Kentucky. A federal trial court ruled in favor of a Louisville wedding photographer who sued over the city’s “Fairness Ordinance,” which prohibits discrimination based on sexual orientation or gender identity. She argued that the law violated her religious beliefs and right to free speech, and the court agreed, explaining that “the government may not force singers or writers or photographers to articulate messages they don’t support.”
Freedom to speak – or stay silent
Graphic artist Lorie Smith is the founder and owner of a studio called 303 Creative. According to court documents, Smith is generally willing to serve LGBT clients. However, she intends to begin designing wedding websites and is unwilling to create them for same-sex couples, saying it would go against her Christian beliefs.
Under Colorado’s Anti-Discrimination Act, though, it is discriminatory and illegal to refuse services to someone based on “disability, race, creed, color, sex, sexual orientation, marital status, national origin, or ancestry.”
The constitutional right to freedom of “speech” has historically been understood to cover a variety of ways people express themselves, including in writing, art and protest. But not only does it protect the right to protect one’s speech, it also safeguards the right to not speak in the first place.
Through her attorneys, Smith also maintained that requiring her to create a website would violate her First Amendment right to the free exercise of religion.
Path to SCOTUS
The federal trial court in Colorado rejected Smith’s request to block the anti-discrimination law in 2019. When she appealed, the circuit court agreed with the previous ruling: She could not refuse to create websites for same-sex weddings, even if it would have gone against her beliefs.
Protecting diverse viewpoints is “a good in and of itself,” the court wrote, but combating discrimination “is, like individual autonomy, ‘essential’ to our democratic ideals.”
In a lengthy dissent, the chief judge highlighted Smith’s claim of compelled speech, criticizing the court for taking “the remarkable – and novel – stance that the government may force Ms. Smith to produce messages that violate her conscience.”
Smith appealed to the Supreme Court, which, in February 2022, agreed to hear her claim, limited to the issue of free speech, not freedom of religion. The question for the nine justices to decide will be “whether applying a public-accommodation law to compel an artist to speak or stay silent violates the Free Speech Clause of the First Amendment.”
So, how will the justices rule? The Supreme Court may have given a clue to its initial attitude when it announced it would hear the case. The justices zoomed in on a legal standard called “strict scrutiny,” as they did in its earlier case on this issue, Masterpiece Cakeshop.
Under strict scrutiny analysis, the most stringent form of judicial review, government restrictions on fundamental rights must be justified by a compelling state interest in order to be upheld. In other words, the restrictions must advance government interests of the highest order, and be narrowly tailored to those goals – in this case, preventing discrimination on the basis of sexual orientation.
But the Supreme Court appeared skeptical that Colorado’s anti-discrimination act could survive this test, writing, “The Tenth Circuit applied strict scrutiny and astonishingly concluded that the government may, based on content and viewpoint, force Lorie to convey messages that violate her religious beliefs and restrict her from explaining her faith.”
When the Supreme Court applies strict scrutiny, it rarely upholds governmental restrictions on constitutional rights – which could suggest a win for Smith.
Another possible indication, again in favor of Smith, is in Janus v. American Federation of State, County, and Municipal Employees, Council 31, a 2018 case from Illinois involving compelled speech. Here the Supreme Court ruled in favor of a nonunion public employee who challenged an Illinois law requiring him to pay fair share fees to the union representing his colleagues for costs associated with the bargaining process. The court agreed with the employee’s claim that because the union supported positions with which he disagreed, his having to pay the fees violated his First Amendment right as a form of compelled speech.
A second chance
On the other side of the controversy is the vital interest of same-sex couples and others in the LGBTQ community to live free from discrimination based on their sexual orientations.
In a 2019 case, Bostock v. Clayton County, the Supreme Court interpreted Title VII of the Civil Rights Act of 1964, a far-reaching employment statute, as extending protection against discrimination in the workplace to individuals who are gay and transgender. However, the Court has yet to address the clash of rights at issue in 303 Creative.
The key question, then, appears to be whether individuals can require artists or those who engage in expressive activities to provide their services if doing so can be viewed as a form of compelled speech, violating their right to stay silent on issues with which they disagree.
Thus, it remains to be seen whether 303 Creative will set a new precedent on balancing First Amendment freedoms while protecting others from discrimination. After all, it sidestepped constitutional issues in Masterpiece Cakeshop. The court based its decision in the baker’s favor on some of the Colorado commission members’ comments about his beliefs. The majority found that those comments violated the state’s First Amendment duty to maintain religious neutrality while avoiding hostility to faith-based beliefs or viewpoints.
While the court has not set a date for oral arguments, and likely will not render a judgment until near the end of its term in June 2023, it promises to be one of the upcoming year’s highest-profile judgments. And, regardless of the outcome, 303 Creative is likely to generate even more controversy.
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Charles J. Russo does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
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AP FILE
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
Took seat Sept. 29, 2005
Born Jan. 27, 1955, in Buffalo, N.Y.
AP FILE
Chief Justice John Roberts
Nominated to serve as chief justice by President George W. Bush
Took seat Sept. 29, 2005
Born Jan. 27, 1955, in Buffalo, N.Y.
Pablo Martinez Monsivais
Associate Justice Clarence Thomas
Nominated to serve as associate justice by President George H.W. Bush
Took seat Oct. 23, 1991
Born June 23, 1948, near Savannah, Georgia
Pablo Martinez Monsivais
Associate Justice Clarence Thomas
Nominated to serve as associate justice by President George H.W. Bush
Took seat Oct. 23, 1991
Born June 23, 1948, near Savannah, Georgia
AP FILE
Associate Justice Samuel Alito
Nominated to serve as associate justice by President George W. Bush
Took seat Jan. 31, 2006
Born April 1, 1950, in Trenton, New Jersey
AP FILE
Associate Justice Samuel Alito
Nominated to serve as associate justice by President George W. Bush
Took seat Jan. 31, 2006
Born April 1, 1950, in Trenton, New Jersey
AP FILE
Associate Justice Sonia Sotomayor
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 8, 2009
Born June 25, 1954, in Bronx, New York
AP FILE
Associate Justice Sonia Sotomayor
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 8, 2009
Born June 25, 1954, in Bronx, New York
AP FILE
Associate Justice Elena Kagan
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 7, 2010
Born April 28, 1960, in New York City
AP FILE
Associate Justice Elena Kagan
Nominated to serve as associate justice by President Barack Obama
Took seat Aug. 7, 2010
Born April 28, 1960, in New York City
AP FILE
Associate Justice Neil Gorsuch
Nominated to serve as associate justice by President Donald Trump
Took seat April 10, 2017
Born Aug. 29, 1967, in Denver, Colorado
AP FILE
Associate Justice Neil Gorsuch
Nominated to serve as associate justice by President Donald Trump
Took seat April 10, 2017
Born Aug. 29, 1967, in Denver, Colorado
THE NEW YORK TIMES VIA AP, POOL
Associate Justice Brett Kavanaugh
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 6, 2018
Born Feb. 12, 1965, in Washington D.C.
THE NEW YORK TIMES VIA AP, POOL
Associate Justice Brett Kavanaugh
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 6, 2018
Born Feb. 12, 1965, in Washington D.C.
Associated Pres
Associate Justice Amy Coney Barrett
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 27, 2020
Born January 28, 1972
Associated Pres
Associate Justice Amy Coney Barrett
Nominated to serve as associate justice by President Donald Trump
Took seat Oct. 27, 2020
Born January 28, 1972
AP file
Associate Justice Ketanji Brown Jackson
Nominated to serve as associate justice by President Joe Biden
Took seat June 30, 2022
Born September 14, 1970
AP file
Associate Justice Ketanji Brown Jackson
Nominated to serve as associate justice by President Joe Biden
Took seat June 30, 2022
Born September 14, 1970
JOHANNES EISELE/AFP // Getty Images
In the early hours of June 28, 1969, the New York Police Department unwittingly helped start the modern LGBTQ+ rights movement. At the time, clubs with gay or lesbian patrons weren’t allowed to serve alcohol, but the Stonewall Inn still served booze to their customers, which gave police cause to raid the bar. The clientele pushed back, and 13 people were arrested. LGBTQ+ people and allies protested for days. Among the crowd was transgender activist Marsha P. Johnson, who later founded Street Transgender Action Revolutionaries (STAR), an organization that provided resources for transgender youth.
After the events at Stonewall—which the NYPD eventually apologized for in 2019—more and more people pushed for LGBTQ+ equality. Activists organized the first LGBTQ+ marches in the United States and around the world, giving rise to annual pride parades. In 1973, the American Psychological Association no longer considered being gay or lesbian a mental illness, and the first openly lesbian politicians were elected in the following year. Currently, openly gay, bisexual, transgender, and queer candidates occupy political office, including in the U.S. House of Representatives and Senate. Abroad, Iceland and Ireland both have openly gay prime ministers.
There is still more to be done yet, but since then, the government has passed laws banning discrimination based on sexual orientation and the Supreme Court has legalized same-sex marriage. More than two dozen countries have passed legislation giving marriage rights to everyone.
In the military, it took decades for gay, lesbian, and bisexual service members to win the right to enlist. And it wasn’t until 2011 that LGBTQ+ troops could openly serve in the United States armed forces. While the Obama administration repealed the ban on transgender troops in 2016, former President Donald Trump effectively reinstated the ban in 2019.
In the early hours of June 28, 1969, the New York Police Department unwittingly helped start the modern LGBTQ+ rights movement. At the time, clubs with gay or lesbian patrons weren’t allowed to serve alcohol, but the Stonewall Inn still served booze to their customers, which gave police cause to raid the bar. The clientele pushed back, and 13 people were arrested. LGBTQ+ people and allies protested for days. Among the crowd was transgender activist Marsha P. Johnson, who later founded Street Transgender Action Revolutionaries (STAR), an organization that provided resources for transgender youth.
After the events at Stonewall—which the NYPD eventually apologized for in 2019—more and more people pushed for LGBTQ+ equality. Activists organized the first LGBTQ+ marches in the United States and around the world, giving rise to annual pride parades. In 1973, the American Psychological Association no longer considered being gay or lesbian a mental illness, and the first openly lesbian politicians were elected in the following year. Currently, openly gay, bisexual, transgender, and queer candidates occupy political office, including in the U.S. House of Representatives and Senate. Abroad, Iceland and Ireland both have openly gay prime ministers.
There is still more to be done yet, but since then, the government has passed laws banning discrimination based on sexual orientation and the Supreme Court has legalized same-sex marriage. More than two dozen countries have passed legislation giving marriage rights to everyone.
In the military, it took decades for gay, lesbian, and bisexual service members to win the right to enlist. And it wasn’t until 2011 that LGBTQ+ troops could openly serve in the United States armed forces. While the Obama administration repealed the ban on transgender troops in 2016, former President Donald Trump effectively reinstated the ban in 2019.
Anger erupted after New York City police arrested 13 people during a raid at the Stonewall Inn, a bar and safe space for the LGBTQ+ community. Advocates protested for days, even though police took action—even turning fire hoses onto the crowd. Many say the event catalyzed the modern LGBTQ+ civil rights movement.
Drew Angerer // Getty Images
Anger erupted after New York City police arrested 13 people during a raid at the Stonewall Inn, a bar and safe space for the LGBTQ+ community. Advocates protested for days, even though police took action—even turning fire hoses onto the crowd. Many say the event catalyzed the modern LGBTQ+ civil rights movement.
Evening Standard // Getty Images
The events of Stonewall led to the creation of the GLF, a group that organized the Christopher Street Liberation Day in New York—now considered the first pride parade. It started with only a few hundred people, but by the time the group reached Central Park, thousands were marching for LGBTQ+ equality.
Evening Standard // Getty Images
The events of Stonewall led to the creation of the GLF, a group that organized the Christopher Street Liberation Day in New York—now considered the first pride parade. It started with only a few hundred people, but by the time the group reached Central Park, thousands were marching for LGBTQ+ equality.
rbkomar // Shutterstock
In 1972, Sweden became the first country to give people the right to legally change their gender on identifying documents. However, people needed to be over 18 years old, unmarried, and sterilized; the country didn’t remove the mandatory sterilization law until 2013. In some U.S. states, people still need to undergo gender-reassignment surgery to legally change their gender.
rbkomar // Shutterstock
In 1972, Sweden became the first country to give people the right to legally change their gender on identifying documents. However, people needed to be over 18 years old, unmarried, and sterilized; the country didn’t remove the mandatory sterilization law until 2013. In some U.S. states, people still need to undergo gender-reassignment surgery to legally change their gender.
LSE Library // Flickr
The United Kingdom held the country’s first LGBTQ+ pride parade on July 1, 1972. Britain’s GLF organized the event, and about 700 people showed up to march. Their slogan was simple: “Gay is good.”
LSE Library // Flickr
The United Kingdom held the country’s first LGBTQ+ pride parade on July 1, 1972. Britain’s GLF organized the event, and about 700 people showed up to march. Their slogan was simple: “Gay is good.”
LEE SNIDER PHOTO IMAGES // Shutterstock
LEE SNIDER PHOTO IMAGES // Shutterstock
US Department of Labor // Wikimedia Commons
US Department of Labor // Wikimedia Commons
Jiaqian AirplaneFan // Wikimedia Commons
Jiaqian AirplaneFan // Wikimedia Commons
JIM WATSON/AFP // Getty Images
JIM WATSON/AFP // Getty Images
Spencer Platt // Getty Images
In 1978, Harvey Milk’s friend Gilbert Baker brought his 30-by-60-foot rainbow flag to an LGBTQ+ rights rally in San Francisco. Afterward, it became an enduring symbol of pride for the LGBTQ+ community. According to The Washington Post, Baker sometimes referred to himself as “the Betsy Ross of gay liberation.” He died in 2017 at the age of 65.
Spencer Platt // Getty Images
In 1978, Harvey Milk’s friend Gilbert Baker brought his 30-by-60-foot rainbow flag to an LGBTQ+ rights rally in San Francisco. Afterward, it became an enduring symbol of pride for the LGBTQ+ community. According to The Washington Post, Baker sometimes referred to himself as “the Betsy Ross of gay liberation.” He died in 2017 at the age of 65.
Tony Webster // Wikimedia Commons
Tony Webster // Wikimedia Commons
Andrzej Wójtowicz // Wikimedia Commons
In 1981, Norway amended its laws to include protections for LGBTQ+ people. The legislation stated that business owners couldn’t discriminate against customers based on sexual orientation nor deny them access to public events. Hate speech was also prohibited.
Andrzej Wójtowicz // Wikimedia Commons
In 1981, Norway amended its laws to include protections for LGBTQ+ people. The legislation stated that business owners couldn’t discriminate against customers based on sexual orientation nor deny them access to public events. Hate speech was also prohibited.
felipe caparros // Shutterstock
In 1981, the New York Times reported 41 gay men had been afflicted with a “rare cancer.” Doctors originally thought HIV/AIDS was a skin cancer known as Kaposi’s sarcoma. A year later, though, the Center for Disease Control (CDC) started calling the illness “acquired immune deficiency syndrome,” or AIDS.
felipe caparros // Shutterstock
In 1981, the New York Times reported 41 gay men had been afflicted with a “rare cancer.” Doctors originally thought HIV/AIDS was a skin cancer known as Kaposi’s sarcoma. A year later, though, the Center for Disease Control (CDC) started calling the illness “acquired immune deficiency syndrome,” or AIDS.
Pixabay
In 1981, Rep. David Clarenbach (D-Wis.) brought forth a measure to protect LGBTQ+ people from employment discrimination in public and private sectors, making Wisconsin the first in the U.S. to pass a statewide law against such discrimination. The law also banned landlords from denying housing based on sexual orientation.
Pixabay
In 1981, Rep. David Clarenbach (D-Wis.) brought forth a measure to protect LGBTQ+ people from employment discrimination in public and private sectors, making Wisconsin the first in the U.S. to pass a statewide law against such discrimination. The law also banned landlords from denying housing based on sexual orientation.
AlisonW // Wikimedia Commons
BiPOL, the first bisexual political group, started in San Francisco in 1983. They helped put on the Bisexual Rights Rally a year later, which took place outside the Democratic National Convention.
AlisonW // Wikimedia Commons
BiPOL, the first bisexual political group, started in San Francisco in 1983. They helped put on the Bisexual Rights Rally a year later, which took place outside the Democratic National Convention.
MICHEL CLEMENT/AFP // Getty Images
MICHEL CLEMENT/AFP // Getty Images
Pixabay
After Michael Hardwick failed to show up for a court summons for public drinking, a police officer went to his house. That’s when he and a male friend were arrested for having consensual sex, which was illegal between two people of the same gender. The case, Bowers v. Hardwick, went to the Supreme Court, which ruled in favor of the state. The Court didn’t strike down sodomy laws until 2003.
Pixabay
After Michael Hardwick failed to show up for a court summons for public drinking, a police officer went to his house. That’s when he and a male friend were arrested for having consensual sex, which was illegal between two people of the same gender. The case, Bowers v. Hardwick, went to the Supreme Court, which ruled in favor of the state. The Court didn’t strike down sodomy laws until 2003.
Wangkun Jia // Shutterstock
After more than a decade of debate, New York City passed an anti-discrimination bill in 1986: Sexual orientation couldn’t be the basis of discrimination in employment, housing, or public accommodations.
Wangkun Jia // Shutterstock
After more than a decade of debate, New York City passed an anti-discrimination bill in 1986: Sexual orientation couldn’t be the basis of discrimination in employment, housing, or public accommodations.
Rick // Wikimedia Commons
Rick // Wikimedia Commons
Tasos Katopodis // Getty Images
Although his straight allies and colleagues cautioned him against it, U.S. Rep. Barney Frank (D-Mass.) revealed his sexual orientation in 1987, making him the second openly gay congressman. Rep. Gerry Studds (D-Mass.) reluctantly came out in 1983. Frank announced his retirement in 2011.
Tasos Katopodis // Getty Images
Although his straight allies and colleagues cautioned him against it, U.S. Rep. Barney Frank (D-Mass.) revealed his sexual orientation in 1987, making him the second openly gay congressman. Rep. Gerry Studds (D-Mass.) reluctantly came out in 1983. Frank announced his retirement in 2011.
Elvert Barnes // Wikimedia Commons
The AIDS Coalition to Unleash Power (ACT UP) helped change the way people thought about the disease. Their slogan was simple but effective: “Silence = death.” Many say that the group jump-started a movement that led to the creation of HIV/AIDS drugs.
The AIDS Coalition to Unleash Power (ACT UP) helped change the way people thought about the disease. Their slogan was simple but effective: “Silence = death.” Many say that the group jump-started a movement that led to the creation of HIV/AIDS drugs.
A year after the second March on Washington for Lesbian and Gay Rights, a group of activists founded National Coming Out Day (October 11), which aims to help LGBTQ+ people live openly.
Elvert Barnes // Wikimedia Commons
A year after the second March on Washington for Lesbian and Gay Rights, a group of activists founded National Coming Out Day (October 11), which aims to help LGBTQ+ people live openly.
KELD NAVNTOFT/AFP // Getty Images
KELD NAVNTOFT/AFP // Getty Images
Lois GoBe // Shutterstock
Activist Simon Nkoli helped start the Gay and Lesbian Organisation of the Witwatersrand. GLOW organized the first pride parade in Johannesburg, South Africa, in 1990, where people also marched against apartheid. Some LGBTQ+ marchers were so scared of exposing themselves that they marched with bags over their faces. Only about 800 people gathered for the first parade; by 2018, that number swelled to 22,000.
Lois GoBe // Shutterstock
Activist Simon Nkoli helped start the Gay and Lesbian Organisation of the Witwatersrand. GLOW organized the first pride parade in Johannesburg, South Africa, in 1990, where people also marched against apartheid. Some LGBTQ+ marchers were so scared of exposing themselves that they marched with bags over their faces. Only about 800 people gathered for the first parade; by 2018, that number swelled to 22,000.
Mark Wilson // Getty Images
Then-President Bill Clinton signed “don’t ask, don’t tell” as a compromise with Republicans: gay and lesbian service members could join the military, but they could not tell anyone about their sexual orientation. Some officials, including Colin Powell, who was the chairman of the Joint Chiefs of Staff at the time, voiced concerns about AIDS and whether gay and straight soldiers would have to live in the same quarters.
Mark Wilson // Getty Images
Then-President Bill Clinton signed “don’t ask, don’t tell” as a compromise with Republicans: gay and lesbian service members could join the military, but they could not tell anyone about their sexual orientation. Some officials, including Colin Powell, who was the chairman of the Joint Chiefs of Staff at the time, voiced concerns about AIDS and whether gay and straight soldiers would have to live in the same quarters.
Shawn Goldberg // Shutterstock
Shawn Goldberg // Shutterstock
US Federal Government // Wikimedia Commons
US Federal Government // Wikimedia Commons
JEWEL SAMAD/AFP // Getty Images
In 1996, Clinton signed a law defining marriage as a union between a man and a woman. In 2013, he wrote an op-ed in The Washington Post asking the Supreme Court to overturn DOMA. In the piece, Clinton wrote he believed the law to be “incompatible with our constitution,” and the Court agreed with him.
JEWEL SAMAD/AFP // Getty Images
In 1996, Clinton signed a law defining marriage as a union between a man and a woman. In 2013, he wrote an op-ed in The Washington Post asking the Supreme Court to overturn DOMA. In the piece, Clinton wrote he believed the law to be “incompatible with our constitution,” and the Court agreed with him.
Denin Lawley // Unsplash
After she started the Gay-Straight Alliance at her Utah high school, Kelli Peterson, a 17-year-old lesbian senior, made national news. The administration didn’t want to allow her LGBTQ+ group but the Equal Access Act meant the school couldn’t legally prevent them from meeting. Instead, Salt Lake City’s Board of Education banned all high school clubs. Students sued the school and a federal judge ruled in their favor.
Denin Lawley // Unsplash
After she started the Gay-Straight Alliance at her Utah high school, Kelli Peterson, a 17-year-old lesbian senior, made national news. The administration didn’t want to allow her LGBTQ+ group but the Equal Access Act meant the school couldn’t legally prevent them from meeting. Instead, Salt Lake City’s Board of Education banned all high school clubs. Students sued the school and a federal judge ruled in their favor.
SAUL LOEB/AFP // Getty Images
Ellen DeGeneres told the world she was a lesbian on the cover of TIME magazine. Then, her television character, Ellen Morgan, became the first openly LGBTQ+ lead in a sitcom. DeGeneres won an Emmy for her performance, but her show was canceled a year later. In 2003, she started her long-running eponymous talk show and later received the Presidential Medal of Freedom from then-President Barack Obama.
SAUL LOEB/AFP // Getty Images
Ellen DeGeneres told the world she was a lesbian on the cover of TIME magazine. Then, her television character, Ellen Morgan, became the first openly LGBTQ+ lead in a sitcom. DeGeneres won an Emmy for her performance, but her show was canceled a year later. In 2003, she started her long-running eponymous talk show and later received the Presidential Medal of Freedom from then-President Barack Obama.
Peter Salanki // Wikimedia Commons
Peter Salanki // Wikimedia Commons
Jordan Silverman // Getty Images
Jordan Silverman // Getty Images
ROBIN UTRECHT/AFP // Getty Images
ROBIN UTRECHT/AFP // Getty Images
J. Bicking // Shutterstock
J. Bicking // Shutterstock
Alex Wong // Getty Images
The Supreme Court legalized all consensual sex acts between same-sex adults after the ruling in Lawrence v. Texas. “Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government,” wrote Justice Anthony M. Kennedy.
Alex Wong // Getty Images
The Supreme Court legalized all consensual sex acts between same-sex adults after the ruling in Lawrence v. Texas. “Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government,” wrote Justice Anthony M. Kennedy.
Angela Jimenez // Getty Images
On May 17, 2004, Marcia Kadish and Tanya McCloskey became the first same-sex couple to get married in the U.S. A year earlier, the Massachusetts Supreme Court had ruled that the ban on marriage for gay and lesbian couples was illegal. It took until 2008 for another state (Connecticut) to follow.
On May 17, 2004, Marcia Kadish and Tanya McCloskey became the first same-sex couple to get married in the U.S. A year earlier, the Massachusetts Supreme Court had ruled that the ban on marriage for gay and lesbian couples was illegal. It took until 2008 for another state (Connecticut) to follow.
Then-President Barack Obama enacted the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act to give the U.S. Department of Justice additional funding to investigate and prosecute hate crimes. This includes crimes committed based on a victim’s race, sexual orientation, or gender identity. Some activists, however, feel the law did not do enough to increase prosecution of crimes against LGBTQ+ people.
Chip Somodevilla // Getty Images
Then-President Barack Obama enacted the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act to give the U.S. Department of Justice additional funding to investigate and prosecute hate crimes. This includes crimes committed based on a victim’s race, sexual orientation, or gender identity. Some activists, however, feel the law did not do enough to increase prosecution of crimes against LGBTQ+ people.
OLIVIER MORIN/AFP // Getty Images
After same-sex marriage became legal in Iceland, the country’s openly lesbian prime minister wed her long-time partner. Jóhanna Sigurðardóttir and Jónína Leósdóttir were previously in a civil union. That same year, same-sex marriage became legal in Portugal and Argentina.
OLIVIER MORIN/AFP // Getty Images
After same-sex marriage became legal in Iceland, the country’s openly lesbian prime minister wed her long-time partner. Jóhanna Sigurðardóttir and Jónína Leósdóttir were previously in a civil union. That same year, same-sex marriage became legal in Portugal and Argentina.
Mark Wilson // Getty Images
At 12:01 a.m. on September 20, 2011, “don’t ask, don’t tell” was no longer in effect. Then-President Barack Obama signed a law repealing the policy in December 2010. The decision allowed gay and lesbian troops to serve openly in the military.
Mark Wilson // Getty Images
At 12:01 a.m. on September 20, 2011, “don’t ask, don’t tell” was no longer in effect. Then-President Barack Obama signed a law repealing the policy in December 2010. The decision allowed gay and lesbian troops to serve openly in the military.
Scott Olson // Getty Images
Wisconsin’s Tammy Baldwin became the first openly gay or lesbian senator in 2012. Before heading to the Senate, Baldwin served as one of only four openly gay members of the House.
Scott Olson // Getty Images
Wisconsin’s Tammy Baldwin became the first openly gay or lesbian senator in 2012. Before heading to the Senate, Baldwin served as one of only four openly gay members of the House.
Alex Wong // Getty Images
Alex Wong // Getty Images
JEWEL SAMAD/AFP // Getty Images
JEWEL SAMAD/AFP // Getty Images
Jason Merritt // Getty Images
Transgender actress Laverne Cox became the first trans person nominated for an Emmy when she received the nod for her role in “Orange Is the New Black.” She also appeared on the cover of TIMEthe same year. Cox made history again in 2018 when she became the first openly trans person on the cover of Cosmopolitan magazine.
Jason Merritt // Getty Images
Transgender actress Laverne Cox became the first trans person nominated for an Emmy when she received the nod for her role in “Orange Is the New Black.” She also appeared on the cover of TIMEthe same year. Cox made history again in 2018 when she became the first openly trans person on the cover of Cosmopolitan magazine.
Ted Eytan // Wikimedia Commons
Ted Eytan // Wikimedia Commons
Alex Wong // Getty Images
In June 2016, the military lifted the ban on transgender troops. That same month, the Obama administration dedicated the Stonewall Inn as a national monument, the first LGBTQ+ site added to the National Parks System.
Alex Wong // Getty Images
In June 2016, the military lifted the ban on transgender troops. That same month, the Obama administration dedicated the Stonewall Inn as a national monument, the first LGBTQ+ site added to the National Parks System.
PAUL J. RICHARDS/AFP // Getty Images
Virginia voters made history in 2017 when they elected transgender candidate Danica Roem to their state legislature. That same year, then-President Donald Trump announced that the military would no longer accept transgender troops because of “tremendous medical costs and disruption.”
Virginia voters made history in 2017 when they elected transgender candidate Danica Roem to their state legislature. That same year, then-President Donald Trump announced that the military would no longer accept transgender troops because of “tremendous medical costs and disruption.”
Voters elected more than 150 LGBTQ+ politicians to office in 2018. Among the history-makers at the time were Jared Polis, the openly gay governor of Colorado; U.S. Rep. Sharice Davids, a Native American lesbian representing Kansas; and Malcolm Kenyatta, the first gay Black man elected to the Pennsylvania legislature.
Whitney Curtis // Getty Images
Voters elected more than 150 LGBTQ+ politicians to office in 2018. Among the history-makers at the time were Jared Polis, the openly gay governor of Colorado; U.S. Rep. Sharice Davids, a Native American lesbian representing Kansas; and Malcolm Kenyatta, the first gay Black man elected to the Pennsylvania legislature.
SAM YEH/AFP // Getty Images
SAM YEH/AFP // Getty Images
Alex Wong // Getty Images
Then-President Donald Trump’s restrictions on transgender people in the military went into effect on April 12, 2019. While the administration claims there is no ban, transgender troops are required to serve as the gender they were assigned at birth. Service members will receive a diagnosis of gender dysphoria if they admit they are transgender, which is grounds for dismissal. If a troop’s commander suspects they are transgender, they may be forced to reveal their status.
Alex Wong // Getty Images
Then-President Donald Trump’s restrictions on transgender people in the military went into effect on April 12, 2019. While the administration claims there is no ban, transgender troops are required to serve as the gender they were assigned at birth. Service members will receive a diagnosis of gender dysphoria if they admit they are transgender, which is grounds for dismissal. If a troop’s commander suspects they are transgender, they may be forced to reveal their status.
John Gress Media Inc // Shutterstock.
Democrat Pete Buttigieg is the second openly gay man to run for president of the United States. (In 2012, Fred Karger, a lesser-known Republican, became the first.) Buttigieg, who entered the Navy Reserves under “don’t ask, don’t tell,” has gained momentum since his bid.
John Gress Media Inc // Shutterstock.
Democrat Pete Buttigieg is the second openly gay man to run for president of the United States. (In 2012, Fred Karger, a lesser-known Republican, became the first.) Buttigieg, who entered the Navy Reserves under “don’t ask, don’t tell,” has gained momentum since his bid.
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The World Health Organization (WHO) no longer considers being transgender a mental illness. The WHO removed “gender identity disorder” from the International Classification of Diseases, which is a global manual for diagnosing mental illness. The update may help put an end to the practice of forcing transgender people to get surgery and forced sterilization in order to legally change their gender.
DEREK R. HENKLE/AFP // Getty Images
The World Health Organization (WHO) no longer considers being transgender a mental illness. The WHO removed “gender identity disorder” from the International Classification of Diseases, which is a global manual for diagnosing mental illness. The update may help put an end to the practice of forcing transgender people to get surgery and forced sterilization in order to legally change their gender.
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For the first time since its inception, the NYC Pride March was canceled out of an abundance of safety and due to social distancing guidelines amid the coronavirus pandemic. Other events around the globe were similarly canceled. But that hardly means Pride Month was off—instead, virtual events have since become common during the month of June to celebrate the historic milestones of the LGBTQ+ movement and to observe the battles still being fought for equal rights today.
For the first time since its inception, the NYC Pride March was canceled out of an abundance of safety and due to social distancing guidelines amid the coronavirus pandemic. Other events around the globe were similarly canceled. But that hardly means Pride Month was off—instead, virtual events have since become common during the month of June to celebrate the historic milestones of the LGBTQ+ movement and to observe the battles still being fought for equal rights today.
Just five days after taking office, President Joe Biden signed an executive order that overturned the previous administration’s ban on transgender people in the military. Before the ban in 2017, it was estimated2,450 service memberswere transgender, with about 0.1% of the total force seeking gender-related treatments. The Trump administration deemed gender-affirming care too expensive for the military to budget when in actuality it would only increase military spending by 0.04% to 0.13%.
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Just five days after taking office, President Joe Biden signed an executive order that overturned the previous administration’s ban on transgender people in the military. Before the ban in 2017, it was estimated2,450 service memberswere transgender, with about 0.1% of the total force seeking gender-related treatments. The Trump administration deemed gender-affirming care too expensive for the military to budget when in actuality it would only increase military spending by 0.04% to 0.13%.
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A law passed in Arkansas banned physicians in the state from providing gender-affirming health care to minors—even with parental consent. Trans children in the state were immediately unable to access trans-related health care, health care which has beenproven to lower the risk of suicide among transgender youth. In July 2021, following a court case filed by the American Civil Liberties Union (ACLU) spurred byprotests and activists, the bill was overturned and gender-affirming care was once again accessible for minors.
Across the pond, in December 2020, the U.K.’s High Court ruled transgender children under the age of 16 could not consent to receive trans-affirming health care. Trans youth seeking medical treatment needed to consult a judge before receiving care. The National Health Service (NHS) appealed the decision and won in September 2021. Roughly2,400 childrena year in the U.K. seek gender-affirming health care through the NHS, making this overturned case paramount for a significant number of minors.
Alina Kruk // Shutterstock
A law passed in Arkansas banned physicians in the state from providing gender-affirming health care to minors—even with parental consent. Trans children in the state were immediately unable to access trans-related health care, health care which has beenproven to lower the risk of suicide among transgender youth. In July 2021, following a court case filed by the American Civil Liberties Union (ACLU) spurred byprotests and activists, the bill was overturned and gender-affirming care was once again accessible for minors.
Across the pond, in December 2020, the U.K.’s High Court ruled transgender children under the age of 16 could not consent to receive trans-affirming health care. Trans youth seeking medical treatment needed to consult a judge before receiving care. The National Health Service (NHS) appealed the decision and won in September 2021. Roughly2,400 childrena year in the U.K. seek gender-affirming health care through the NHS, making this overturned case paramount for a significant number of minors.
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In September 2021, a two-thirds majority in Switzerland voted to legalize gay marriage in a referendum vote. This referendum also extended family rights for same-gender couples, allowing them to adopt children and permitting couples of two women to have children through sperm donation. The new ruling will be enforced in July 2022. Switzerland is one of the last Western European countries to legalize same-sex marriage.
In Japan, the country inched closer to marriage equality in a ruling which claimed to bar same-sex marriage was unconstitutional. Gay marriage is not yet legal in Japan, but this ruling will likely set a precedent for future legislation.
FABRICE COFFRINIAFP // Getty Images
In September 2021, a two-thirds majority in Switzerland voted to legalize gay marriage in a referendum vote. This referendum also extended family rights for same-gender couples, allowing them to adopt children and permitting couples of two women to have children through sperm donation. The new ruling will be enforced in July 2022. Switzerland is one of the last Western European countries to legalize same-sex marriage.
In Japan, the country inched closer to marriage equality in a ruling which claimed to bar same-sex marriage was unconstitutional. Gay marriage is not yet legal in Japan, but this ruling will likely set a precedent for future legislation.
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As of May 2022, over 300 anti-LGBTQ+ bills have been introduced in 36 states across the U.S. in 2022, some of which have become law in eight states. In Florida, one such measure—dubbed the “Don’t Say Gay” bill by critics—prohibits elementary school teachers from educating students in grades K-3 about sexual orientation or gender identity. Another law in Alabama that criminalizes gender-affirming medical care for trans youth was partially blocked by a judge in May. A significant number of these bills specifically target transgender people.
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As of May 2022, over 300 anti-LGBTQ+ bills have been introduced in 36 states across the U.S. in 2022, some of which have become law in eight states. In Florida, one such measure—dubbed the “Don’t Say Gay” bill by critics—prohibits elementary school teachers from educating students in grades K-3 about sexual orientation or gender identity. Another law in Alabama that criminalizes gender-affirming medical care for trans youth was partially blocked by a judge in May. A significant number of these bills specifically target transgender people.