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Know Your Rights: LGBTQ+

Your rights as an LGBTQ+ individual in employment, housing, healthcare, and public life.

* Employment Rights

  • • Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation and gender identity (Bostock v. Clayton County, 2020).
  • • This applies to hiring, firing, pay, promotions, and workplace harassment.
  • • Employers cannot require different dress codes based on sex/gender identity.
  • • File complaints with the EEOC within 180 days (or 300 days in some states).

Housing Rights

  • • The Fair Housing Act prohibits discrimination in housing based on sex, which includes sexual orientation and gender identity.
  • • Landlords cannot refuse to rent, set different terms, or harass tenants based on LGBTQ+ status.
  • • File complaints with HUD within one year of discrimination.
  • • Many states and cities have additional LGBTQ+ housing protections.

* Healthcare Rights

  • • Section 1557 of the ACA prohibits discrimination in healthcare based on sex, including gender identity.
  • • You have the right to be treated consistent with your gender identity.
  • • Healthcare providers cannot deny care based on sexual orientation or gender identity.
  • • Insurance cannot categorically exclude transition-related care.

Family Law Rights

  • • Same-sex marriage is legal nationwide (Obergefell v. Hodges, 2015).
  • • Same-sex couples have equal rights to adoption and foster parenting.
  • • Both spouses in a same-sex marriage have parental rights to children born during the marriage.
  • • Divorce, custody, and property division follow the same rules as different-sex marriages.

Name and Gender Marker Changes

  • • You can change your legal name through court petition in every state.
  • • Requirements for gender marker changes vary by state and document type.
  • • Federal documents (passport, Social Security) allow gender marker changes with supporting documentation.
  • • A court order is typically required for birth certificate amendments.

Immigration Rights

  • • Same-sex spouses can sponsor partners for green cards.
  • • LGBTQ+ individuals may qualify for asylum based on persecution due to sexual orientation or gender identity (SOGI asylum).
  • • Being LGBTQ+ does not disqualify you from any immigration benefit.
  • • Detention facilities must provide safe housing for transgender individuals.

Printable Rights Card

LGBTQ+ Rights Card

  • DISCRIMINATION BASED ON SEXUAL ORIENTATION OR GENDER IDENTITY IS ILLEGAL
  • I HAVE THE RIGHT TO BE TREATED WITH DIGNITY
  • I DO NOT CONSENT TO DISCRIMINATION

Remember

  • Employment: File with EEOC (180-300 days)
  • Housing: File with HUD (1 year)
  • Healthcare: File with HHS OCR
  • Lambda Legal Help Desk: 1-866-542-8336
  • Trevor Project (Crisis): 1-866-488-7386

Available in: English, Spanish

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Disclaimer: This information is provided for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. For specific legal questions, consult with a qualified attorney.

Last updated: 2026-01-11