Overview of Federal Actions on LGBTQIA+ Rights Practical Law The Journal

The current Trump administration has enacted policies that significantly lower federal protections for LGBTQIA+ individuals, particularly transgender people. The administration has relied heavily on executive orders and agency directives to affect the rights of LGBTQIA+ individuals as they relate to military service, health care, education, and civil rights enforcement (see, for example, Executive Order 14183, titled 'Prioritizing Military Excellence and Readiness,' and Executive Order 14173, titled 'Ending Illegal Discrimination and Restoring Merit-Based Opportunity').
For most of US history, LGBTQIA+ individuals faced negative treatment in various settings. For example, during World War II, the federal government dishonorably discharged gay individuals from the military. Additionally, from the late 1940s through the 1960s, a time known as the Lavender Scare, the US government either fired or forced gay individuals to resign from government service. (See Nat'l Park Serv.: LGB Military History and Libr. of Cong.: LGBTQIA+ Studies: A Resource Guide.)
The modern LGBTQIA+ rights movement is commonly believed to have begun in 1969, when a police raid on the Stonewall Inn in New York City instigated a spontaneous uprising by LGBTQIA+ patrons. The following year, in 1970, the first Pride marches took place in New York, Los Angeles, and Chicago. (Libr. of Cong.: The History of Pride.) Over the course of the movement that continues today, the federal government has taken steps to either expand or contract the rights of LGBTQIA+ individuals. Several times, restrictions imposed by one administration on these rights have been reversed by later administrations, reflecting changing political and social priorities.
Major federal milestones in recent history include:
Lawrence v. Texas. In 2003, the US Supreme Court struck down sodomy laws nationwide and decriminalized same-sex sexual conduct. In so holding, the Court overturned its 1986 holding in Bowers v. Hardwick (478 U.S. 186 (1986)). It held that an adult's consensual sexual intimacy at home is a vital interest in liberty and privacy that is protected by the Due Process Clause of the Fourteenth Amendment. (539 U.S. 558 (2003).)
The repeal of 'Don't Ask, Don't Tell.' In 2010, the Obama administration repealed 'Don't Ask, Don't Tell,' allowing gay, lesbian, and bisexual individuals to serve openly in the US military. The policy had previously been enacted in 1993 and required service members to hide their sexual orientation or face discharge. (US Dep't of Def.: Don't Ask, Don't Tell Resources.)
United States v. Windsor. In 2013, the Supreme Court struck down Section 3 of the Defense of Marriage Act (passed by Congress in 1996) that banned federal recognition of same-sex marriages. The Court found that the law violated the Fifth Amendment's guarantee of equal protection. (570 U.S. 744 (2013).)
Obergefell v. Hodges. In 2015, the Supreme Court ruled that same-sex marriage is a constitutional right nationwide. It held that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment guarantee same-sex couples the right to marry. (576 U.S. 644 (2015).)
Bostock v. Clayton County. In 2020, the Supreme Court held that Title VII of the Civil Rights Act of 1964 shields employees from workplace discrimination based on their sexual orientation or gender identity. The decision extended federal workplace protections for these employees and made it illegal for employers to fire or discriminate against someone for being gay or transgender. (590 U.S. 1731 (2020); for more information, see Sex Discrimination Under Title VII and the EPA and Sexual Orientation and Gender Identity Discrimination Under Title VII on Practical Law.)
303 Creative LLC v. Elenis. In 2023, the Supreme Court ruled that under the First Amendment, the state could not compel a website designer to create work that violated her values. The decision highlighted the tension between free expression and anti-discrimination laws. (600 U.S. 570 (2023).)
The Trump administration has rolled back various LGBTQIA+ protections that were enacted by the preceding Biden administration. Additionally, state and local governments continue to pass legislation impacting LGBTQIA+ rights (for more information, see Sexual Orientation and Gender Identity and Expression Discrimination State and Local Laws Chart: Overview on Practical Law). Counsel should stay informed on evolving policies and court rulings under the current administration to effectively advise on LGBTQIA+ rights in areas such as employment, health care, education, and public accommodations. (For resources for counsel to assist employers in addressing sexual orientation and gender identity in the workplace, see Workplace Diversity and Inclusion Toolkit

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Daily Mail​

44 minutes ago

• Daily Mail​

Bombs over Iran, but no heads-up for Dems: Irritated lawmakers gripe they were left in the dark on secret strikes

Congressional Democrats are blaring they were kept in the dark about President Donald Trump 's Saturday night strikes on Iran 's nuclear sites. Representative Jim Himes (D-Conn.) and Senator Mark Warner (D-Va.) the top ranking Democrats on the House and Senate Intelligence committees, respectively, did not know about the attacks until after they took place, sources told CNN. Himes, part of the intelligence-heavy Gang of Eight, voiced outrage: 'According to the Constitution… my attention to this matter comes BEFORE bombs fall.' CNN also reported that other Democrat members of the Gang of Eight did not get a heads up on the operation. Warner indicated he was 'frustrated' by the delay in being briefed. Sen. Jeanne Shaheen, the ranking member on the Senate Foreign Relations committee complained that the president bucked a bipartisan tradition of 'regularly briefing Congress on major national security events.' Meanwhile, other Democrats, including Sen. Chris Murphy (D-Conn.), are contending the Iran strikes were ill-advised because the country 'posed no imminent threat' to the U.S. Senate Minority Leader Chuck Schumer responded to the attack with a call for a vote of the War Powers Act on the Senate floor. 'No president should be allowed to unilaterally march this nation into something as consequential as war with erratic threats and no strategy,' Schumer said in a statement following the American strike on Iran's nuclear sites Saturday evening. 'Confronting Iran's ruthless campaign of terror, nuclear ambitions, and regional aggression demands strength, resolve, and strategic clarity. The danger of wider, longer, and more devastating war has now dramatically increased.' I was briefed on the intelligence last week. Iran posed no imminent threat of attack to the United States. Iran was not close to building a deliverable nuclear weapon. The negotiations Israel scuttled with their strikes held the potential for success. — Chris Murphy 🟧 (@ChrisMurphyCT) June 22, 2025 NEWS — Chuck Schumer says Congress must enforce the War Powers Act. 'I'm urging Leader Thune to put it on the Senate floor immediately. I am voting for it and implore all Senators on both sides of the aisle to vote for it.' — Stephen Neukam (@stephen_neukam) June 22, 2025 Ranking Member Jim Himes on Military Action in the Middle East — House Intelligence Committee (@HouseIntelDems) June 22, 2025 In post on X, Himes critiqued Trump's decision as unconstitutional, without approval from Congress, a position endorsed by anti-interventionist Republican Rep. Thomas Massie of Kentucky. Massie, the first member of the president's party to condemn the strikes, joined forces with California Democrat Ro Khanna last week to introduce the Iran War Powers Resolution in the House of Representatives 'to prohibit U.S. involvement in the Israel-Iran war.' At least two Democrats called on Saturday night for Trump to be impeached over ordering the strikes on Iran's nuclear facilities. New York Democratic Representative Alexandria Ocasio-Cortez went scorched earth with her statement posted on X. She said: 'The President's disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers. 'He has impulsively risked launching a war that may ensnare us for generations. It is absolutely and clearly grounds for impeachment.' The President's disastrous decision to bomb Iran without authorization is a grave violation of the Constitution and Congressional War Powers. He has impulsively risked launching a war that may ensnare us for generations. It is absolutely and clearly grounds for impeachment. — Alexandria Ocasio-Cortez (@AOC) June 22, 2025 US Representative Alexandria Ocasio-Cortez, Democrat of New York, speaks to the press in Newark, New Jersey, on June 21, 2025 U.S. Senate Minority Leader Chuck Schumer (D-NY) and U.S. Senator Brian Schatz (D-HI) walk to attend a press conference following the U.S. Senate Democrats' weekly policy luncheon on Capitol Hill in Washington, D.C., U.S., June 10, 2025 Illinois Democrat Sean Casten was another member of the House to call for the President to be ousted. 'This is not about the merits of Iran's nuclear program. No president has the authority to bomb another country that does not pose an imminent threat to the US without the approval of Congress. This is an unambiguous impeachable offense,' Casten wrote, within an hour of Trump announcing the successful attack. This is not about the merits of Iran's nuclear program. No president has the authority to bomb another country that does not pose an imminent threat to the US without the approval of Congress. This is an unambiguous impeachable offense. — Sean Casten (@SeanCasten) June 22, 2025 Yet, a few Democrats split from the bulk of their party and took Trump's side, defending the Commander in Chief's decision to strike Iran. Richie Torres, another New York Democrat, praised the success of the attack without mentioning Trump directly. 'The decisive destruction of the Fordow Fuel Enrichment Plant prevents the dangerous spread of nuclear weapons in the world's most combustible region. No one truly committed to nuclear nonproliferation should mourn the fall of Fordow' Torres wrote. The world can achieve peace in the Middle East, or it can accept a rogue nuclear weapons program—but it cannot have both. The decisive destruction of the Fordow Fuel Enrichment Plant prevents the dangerous spread of nuclear weapons in the world's most combustible region. No one… — Ritchie Torres (@RitchieTorres) June 22, 2025 Pennsylvania's Democrat Senator John Fetterman reposted Trump's announcement of the successful attack, adding 'As I've long maintained, this was the correct move by @POTUS. Iran is the world's leading sponsor of terrorism and cannot have nuclear capabilities.I'm grateful for and salute the finest military in the world.' As I've long maintained, this was the correct move by @POTUS. Iran is the world's leading sponsor of terrorism and cannot have nuclear capabilities. I'm grateful for and salute the finest military in the world. 🇺🇸 — U.S. Senator John Fetterman (@SenFettermanPA) June 22, 2025 Last week, Fetterman passionately articulated his support for Israel amid its conflict with Iran on Tuesday, encouraging the United States to do all they can to assist its ally in the Middle East. Fetterman also explicitly called for America to use the '30,000 pound bunker busters' on Iran's nuclear sites. I just introduced an Iran War Powers Resolution with @RepRoKhanna to prohibit U.S. involvement in the Israel-Iran war. This is not our war. Even if it were, Congress must decide such matters according to our Constitution. — Thomas Massie (@RepThomasMassie) June 17, 2025 This is insane. Trump just bombed Iran without Congressional approval, illegally dragging us into war in the Middle East. Have we not learned our lesson!?!? Congress must return to Washington at once to vote on @RepThomasMassie 's War Powers Resolution to stop this madness. — Rep. Jim McGovern (@RepMcGovern) June 22, 2025 Tonight, the President ignored the Constitution by unilaterally engaging our military without Congressional authorization. I join my colleagues in demanding answers from the Administration on this operation which endangers American lives and risks further escalation and… — Nancy Pelosi (@SpeakerPelosi) June 22, 2025 Congressman Jim McGovern (D-Mass.) Ranking Member on the House Rules Committee called for his colleagues to immediately 'return to Washington' to vote on Massie and Khanna's War Powers Resolution to 'stop this madness', also calling Trump's action 'insane.'

The Independent

an hour ago

• The Independent

2,500 revelers in baroque costumes dance until dawn at Versailles' masked ball

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging. At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story. The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it. Your support makes all the difference.

The Guardian

an hour ago

• The Guardian

Trump's military attack on Iran reveals split among Maga diehards

Saturday's US strikes on Iran provoked conflicting reactions from isolationist Republicans who support Donald Trump's Make America great again (Maga) movement, catching them – like many Democrats – between supporting efforts against nuclear proliferation and opposing American intervention in foreign conflicts. The far-right congresswoman Marjorie Taylor Greene – a loyalist to the president – reacted to the strikes by urging those in the US to pray that terrorists do not attack 'our homeland' in retaliation. 'Let us join together and pray for the safety of our US troops and Americans in the Middle East,' Greene wrote on X. But Greene had not been so supportive in a message posted 30 minutes before Trump announced news of the surprise strikes on Saturday evening. In that message, Greene wrote: 'Every time America is on the verge of greatness, we get involved in another foreign war. There would not be bombs falling on the people of Israel if [its prime minister Benjamin] Netanyahu had not dropped bombs on the people of Iran first. Israel is a nuclear armed nation. This is not our fight. Peace is the answer.' The former Trump White House adviser Steve Bannon, who has been an opponent of US military intervention in Iran, hit out at the president for thanking Netanyahu in a national address shortly after the strikes. Speaking on his War Room web show, Bannon said, 'It hasn't been lost … that he thanked Bibi Netanyahu, who I would think right now – at least the War Room's position is – [is] the last guy on Earth you should thank.' That came amid ongoing speculation that Trump's decision to attack Iran's nuclear sites on Saturday stemmed from information that Iran was close to developing a weapon – as supplied by Israeli, and not US, intelligence sources. The issue created an apparent split between Trump and the director of national intelligence, Tulsi Gabbard. The president recently criticized Gabbard and the US intelligence community, saying they were 'wrong' in assessing that Iran had not taken the political step of ordering a bomb. Gabbard has denied that she and Trump were not on the same page. Nonetheless, Bannon continued his criticism of the strikes, saying: 'I don't think we've been dealing from the top of the deck.' The former White House adviser also criticized Trump for leaving open the possibility of further US strikes if Iran fails to capitulate to US demands. 'I'm not quite sure [it was] the talk that a lot of Maga wanted to hear,' he said. 'It sounded … very open-ended.' Days earlier, amid signs of a Maga rebellion against the administration's increasingly hawkish stance on Iran, Bannon told an audience in Washington that bitterness over the invasion and occupation of Iraq was a driving force for Trump's first presidential victory. 'One of the core tenets is no forever wars,' Bannon said. Bannon, though, said 'the Maga movement will back Trump' despite its opposition to military interventions. But there are now signs that the Maga 'America first' isolationist position may be more amenable to limited airstrikes. The administration has stressed that Saturday's raids only targeted Iran's nuclear enrichment and not manufacturing locations, population centers or economic assets, including the oil terminal at Karg island. The far-right influencer Charlie Kirk had warned of a Maga divide over Iran, saying 'Trump voters, especially young people, supported [him] because he was the first president in my lifetime to not start a new war.' Yet on Sunday, Kirk reposted a clip of an interview with JD Vance on Meet the Press in which the vice-president praised the B-2 pilots from Missouri who carried out the previous day's bombing. 'They dropped 30,000 pound bombs on a target the size of a washing machine, and then got back home safely without ever landing in the Middle East,' Vance said in the clip. 'Whatever our politics, we should be proud of what these guys accomplished.' In that interview, Vance suggested Trump had 'probably' decided by mid-May that the diplomatic process with Iran was 'not going anywhere'. But Vance refused to be drawn on when precisely Trump approved the strike, saying it probably came 'over time'.