LGBT history in the United States | 21st century

21st century

The tipping point of activism in favor of same-sex marriage came in 2008, when the California State Supreme Court ruled that the previous proposition which barred the legalization of same-sex marriage in California was unconstitutional under the United States Constitution. Over 18,000 couples then obtained legal licenses from May until November of the same year, when another statewide proposition reinstated the ban on same-sex marriage. This was received by nationwide protests against the ban and a number of legal battles which were projected to end up in the Supreme Court of the United States.

In the late 2000s and early 2010s, attention was also paid to the rise of suicides and the lack of self-esteem by LGBT children and teenagers due to homophobic bullying. The "It Gets Better Project", founded and promoted by Dan Savage, was launched in order to counter the phenomenon, and various initiatives were taken by both activists and politicians to impose better conditions for LGBT students in public schools.

On June 12, 2016, 49 people, mostly of Latino descent, were shot and killed by Omar Mateen during Latin Night at the Pulse gay nightclub in Orlando, Florida. The shooting was the second deadliest mass shooting and worst act of violence against the LGBT community in American history. Mateen was probably a frequent visitor to Pulse gay night club. People who knew Mateen have speculated if he could be gay or bisexual himself. A colleague at the police academy in 2006 said he frequented gay clubs with Mateen and that on several occasions he expressed interest in having sex. People who frequent clubs also remember Mateen dancing with other men.[71] His ex wife, Sitora Yusufiy, declared three days after the shooting that Mateen might have been hiding homosexuality from his family.[72]

Presidency of Barack Obama

President Barack Obama greets Louvon Harris, left, Betty Byrd Boatner, right, both sisters of James Byrd Jr., and Judy Shepard at a reception commemorating the enactment of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

The election of Barack Obama as the first African-American president of the United States (on the same day as the California ban on same-sex marriage was enacted) signified the beginning of a more nuanced federal policy to LGBT citizens. Obama advocated for the repeal of DADT, which was passed in December 2010, and also withdrew legal defense of DOMA in 2011, despite Republican opposition. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2010 was also the first major hate crimes legislation in federal legislation history to recognize gender identity as a protected class.[citation needed]


President Barack Obama has taken many definitive pro-LGBT rights stances. In 2009, his administration reversed Bush administration policy and signed the U.N. declaration that calls for the decriminalization of homosexuality.[73] In June 2009, Obama became the first president to declare the month of June to be LGBT pride month; President Clinton had declared June Gay and Lesbian Pride Month.[74][75] Obama did so again in June 2010,[76] June 2011,[77] June 2012,[78] June 2013,[79] June 2014,[80] and June 2015.[81]

On June 17, 2009, President Obama signed a presidential memorandum allowing same-sex partners of federal employees to receive certain benefits. The memorandum does not cover full health coverage.[82] On October 28, 2009, Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which added gender, sexual orientation, gender identity, and disability to the federal hate crimes law.[83]

In October 2009, he nominated Sharon Lubinski to become the first openly gay U.S. marshal to serve the Minnesota district.[84]


On January 4, 2010, he appointed Amanda Simpson the Senior Technical Advisor to the Department of Commerce, making her the first openly transgender person appointed to a government post by a U.S. President.[85][86][87] He has appointed the most U.S. gay and lesbian officials of any U.S. president.[88]

At the start of 2010, the Obama administration included gender identity among the classes protected against discrimination under the authority of the Equal Employment Opportunity Commission (EEOC). On April 15, 2010, Obama issued an executive order to the Department of Health and Human Services that required medical facilities to grant visitation and medical decision-making rights to same-sex couples.[89] In June 2010, he expanded the Family Medical Leave Act to cover employees taking unpaid leave to care for the children of same-sex partners.[90] On December 22, 2010, Obama signed the Don't Ask, Don't Tell Repeal Act of 2010 into law.[91]


On February 23, 2011, President Obama instructed the Justice Department to stop defending the Defense of Marriage Act in court.[92]

In March 2011, the U.S. issued a nonbinding declaration in favor of gay rights that gained the support of more than 80 countries at the U.N.[93] In June 2011, the U.N. endorsed the rights of gay, lesbian, and transgender people for the first time, by passing a resolution that was backed by the U.S., among other countries.[93]

On August 18, 2011, the Obama administration announced that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety, with the White House interpreting the term "family" to include partners of lesbian, gay and bisexual people.[94]

On September 30, 2011, the Defense Department issued new guidelines that allow military chaplains to officiate at same-sex weddings, on or off military installations, in states where such weddings are allowed.[95]

On December 5, 2011, the Obama administration announced the United States would use all the tools of American diplomacy, including the potent enticement of foreign aid, to promote LGBT rights around the world.[96]


In March and April 2012, Obama expressed his opposition to state constitutional bans on same-sex marriage in North Carolina, and Minnesota.[97]

On May 3, 2012, the Federal Bureau of Prisons has agreed to add an LGBT representative to the diversity program at each of the 120 prisons it operates in the United States.[98]

On May 9, 2012, Obama publicly supported same-sex marriage, the first sitting U.S. President to do so. Obama told an interviewer that:[99]

over the course of several years as I have talked to friends and family and neighbors when I think about members of my own staff who are in incredibly committed monogamous relationships, same-sex relationships, who are raising kids together, when I think about those soldiers or airmen or Marines or sailors who are out there fighting on my behalf and yet feel constrained, even now that Don't Ask Don't Tell is gone, because they are not able to commit themselves in a marriage, at a certain point I've just concluded that for me personally it is important for me to go ahead and affirm that I think same sex couples should be able to get married.

In the 2012 election, Obama received the endorsement of the following gay rights organizations: Equal Rights Washington, Fair Wisconsin, Gay-Straight Alliance,[100][101] Human Rights Campaign,[102] and the National Stonewall Democrats. The American Civil Liberties Union (ACLU) gave Obama a score of 100% on the issue of gays and lesbians in the US military and a score of 75% on the issue of freedom to marry for gay people.[103]


On January 7, 2013, the Pentagon agreed to pay full separation pay to service members discharged under "Don't Ask, Don't Tell."[104]

Obama also called for full equality during his second inaugural address on January 21, 2013: "Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law—for if we are truly created equal, then surely the love we commit to one another must be equal as well." It was the first mention of rights for gays and lesbians or use of the word gay in an inaugural address.[105][106]

On March 1, 2013, Obama, speaking about Hollingsworth v. Perry, the U.S. Supreme Court case about Proposition 8, said "When the Supreme Court asks do you think that the California law, which doesn't provide any rationale for discriminating against same-sex couples other than just the notion that, well, they're same-sex couples—if the Supreme Court asks me or my attorney general or solicitor general, 'Do we think that meets constitutional muster?' I felt it was important for us to answer that question honestly. And the answer is no." The administration took the position that the Supreme Court should apply "heightened scrutiny" to California's ban—a standard under which legal experts say no state ban could survive.[107]

On August 8, 2013, Obama criticized Russia's anti-gay law.[108]

On December 26, 2013, President Obama signed the National Defense Authorization Act for Fiscal Year 2014 into law, which repealed the ban on consensual sodomy in the UCMJ.[109]


On February 16, 2014, Obama criticized Uganda's anti-gay law.[110]

On February 28, 2014, Obama agreed with Governor Jan Brewer's veto of SB 1062.[111]

Obama included openly gay athletes in the February 2014 Olympic delegation, namely Brian Boitano and Billie Jean King (who was replaced by Caitlin Cahow, who was also openly gay.) [112][113] This was done in criticism of Russia's anti-gay law.[113]

On July 21, 2014, President Obama signed Executive Order 13672, adding "gender identity" to the categories protected against discrimination in hiring in the federal civilian workforce and both "sexual orientation" and gender identity" to the categories protected against discrimination in hiring and employment on the part of federal government contractors and sub-contractors.[114]

Obama was also criticized for meeting with the anti-gay Ugandan president Yoweri Museveni at a dinner with African heads of state in August 2014.[115]

Later in August 2014 Obama made a surprise video appearance at the opening ceremony of the 2014 Gay Games.[116][117]


The White House after the ruling in the case of Obergefell v. Hodges on the night of June 26, 2015.

On February 10, 2015, David Axelrod's Believer: My Forty Years in Politics was published. In the book, Axelrod revealed that President Barack Obama lied about his opposition to same-sex marriage for religious reasons in 2008 United States presidential election. "I'm just not very good at bullshitting," Obama told Axelrod, after an event where he stated his opposition to same-sex marriage, according to the book.[118]

In 2015 the United States appointed Randy Berry as its first Special Envoy for the Human Rights of LGBT Persons.[119]

Also in 2015 the Obama administration announced it had opened a gender-neutral bathroom within the White House complex; the bathroom is in the Eisenhower Executive Office Building, next door to the West Wing.[120]

Also in 2015, President Obama responded to a petition seeking to ban conversion therapy (inspired by the death of Leelah Alcorn) with a pledge to advocate for such a ban.[121]

Also in 2015, when President Obama declared May to be National Foster Care Month, he included words never before included in a White House proclamation about adoption, stating in part, "With so many children waiting for loving homes, it is important to ensure all qualified caregivers have the opportunity to serve as foster or adoptive parents, regardless of race, religion, sexual orientation, gender identity, or marital status. That is why we are working to break down the barriers that exist and investing in efforts to recruit more qualified parents for children in foster care." Thus it appears he is the first president to explicitly say gender identity should not prevent anyone from adopting or becoming a foster parent.[122]

On October 29, 2015, President Barack Obama endorsed Proposition 1.[123]

On November 10, 2015, President Barack Obama officially announced his support for the Equality Act of 2015.[124]


In June 2016, President Obama dedicated the new Stonewall National Monument in Greenwich Village, Lower Manhattan, as the first U.S. National Monument to honor the LGBT rights movement.[125]

On October 20, President Obama endorsed Kate Brown as Governor of Oregon.[127] On November 8, Kate Brown became the United States' first openly LGBT person elected Governor. Kate Brown is a bisexual woman and has come out as a sexual assault survivor.[128] She assumed office in 2015 due to a resignation.[129] During her tenure as Governor before her election, she signed legislation to ban conversion therapy on minors.[130]

Presidential transition of Donald Trump

During the 2016 Republican National Convention Donald Trump said "As your president, I will do everything in my power to protect our LGBTQ citizens, from the violence and oppression of hateful foreign ideologies".[131] At a campaign rally on October 29, 2016, Trump held up a Rainbow Flag on stage marked with "LGBTs for Trump".[132] On November 11, 2016, Trump appointed Peter Theil to the executive committee of his presidential transition team.[133] On November 13, 2016, during an interview with Lesley Stahl on 60 Minutes, Trump said that he was fine with the Obergefell v. Hodges Supreme Court decision and that it was irrelevant whether he supported same-sex marriage or not because the law was settled.[134][135] Trump's decisions as president have put into question the sincerity of his comments as a candidate.[136][137][138][139] On October 13, 2017, Trump became the first sitting president to address the Values Voter Summit, an annual conference sponsored by the Family Research Council, which is known for its anti-LGBT civil rights advocacy.[140][141]

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