Know Your Rights | LGBTQ Rights | ACLU

Question 1

Can an employer discriminate against me because of my sexual orientation or gender identity?

Accepted Answer

Your rights

Employers with 15 or more employees are prohibited by Title VII of the 1964 Civil Rights Act from discriminating on the basis of sex, and the U.S. Supreme Court held in 2020 (Bostock v. Clayton County), that firing someone on the basis of sexual orientation and gender identity is sex discrimination. In addition, many states and cities have laws banning this kind of discrimination, and some of those laws apply to smaller employers.

If you believe that your rights have been violated

If you think that you have experienced discrimination at work, you can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), or with your state human rights enforcement agency where applicable. Try to document everything like emails or HR papers that might be relevant.

Additional resources

If you’ve 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.

Question 2

Can a landlord refuse to rent to me?

Accepted Answer

Your rights

The federal Fair Housing Act prohibits sex discrimination by most landlords and the Supreme Court held in 2020 (Bostock v. Clayton County), that discrimination on the basis of sexual orientation and gender identity is a form of sex discrimination. Under this reasoning, the Fair Housing Act also should be read to prohibit discrimination on the basis of sexual orientation or gender identity. State and local laws where you live may also bar this discrimination. Housing discrimination against people with HIV/AIDS, or people perceived to have HIV/AIDS, is also illegal under the federal protections against disability discrimination.

If you believe your rights have been violated

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 stand under the current administration. It helps immensely if you document every interaction and exchange that could show what happened.

Additional resources

If you’ve been treated unfairly in housing based on sexual orientation or gender identity, the ACLU may be able to help. Contact us by filling out an intake form.

Question 3

Am I protected from discrimination in public accommodations, like shops and restaurants?

Accepted Answer

Your rights

There is no federal law that bans discrimination based on sexual orientation or gender identity in public accommodations, like restaurants, theaters and other businesses. However, state and local laws where you live may ban this kind of discrimination.

Additional resources

If you’ve 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.

Question 4

Are LGBTQ students protected from discrimination in schools?

Accepted Answer

Your rights

Title IX of the Education Amendments of 1972 bans discrimination on the basis of sex by public schools, and the Supreme Court held in 2020 (Bostock v. Clayton County) that discrimination on the basis of sexual orientation and gender identity is sex discrimination. Thus, Title IX should be interpreted to prohibit students from discrimination on the basis of sexual orientation or gender identity. Many federal courts have held that Title IX requires public schools to respond to harassment based on appearance or behavior that doesn’t conform to gender stereotypes: boys who wear makeup, girls who wear pants, or students who are transgender or non-binary.

The Supreme Court has taken up two cases presenting the questions whether it violates Title IX and the Constitution to bar transgender girls from participating in sports at school. While the law in this area is still evolving, a number of courts have found that Title IX and the Constitution protect transgender students’ right to access sex-separated programs and facilities like restrooms consistent with their gender identity. Some state and local laws also explicitly protect transgender students from discrimination in schools.

In addition, the First Amendment right to free expression can also apply to school dress codes, especially when there are different rules for boys than there are for girls. Your constitutional right to privacy makes it illegal for your school to “out” you to anyone without your permission, even if you’re out to other people at school. The First Amendment protects your right to express yourself in public schools. That includes bringing a same-sex date to prom or any school event and talking about LGBTQ topics. Your right to be yourself in school includes the right to be transgender or non-binary, and to transition at school.

If your rights are violated

Document everything. Take notes and keep copies of any emails with school administrators, relevant school forms, etc.

If anyone at school is harassing or threatening you, it’s crucial that you report every incident to a principal, teacher or counselor. Usually schools must be put on notice before they can be held legally responsible for protecting you.

If you have reported harassment or any other kind of discrimination to your school officials and they have done little or nothing to stop it, we encourage you to contact your local ACLU affiliate or the national ACLU LGBTQ & HIV Project for help weighing your options.

Additional resources

Here are open letters on a variety of LGBTQ issues that you can use when advocating for your rights with school administrators.

If you’ve been discriminated against based on sexual orientation or gender identity, the ACLU may be able to help. Contact us at our national office here, or you can find your local ACLU office here.

Question 5

Does the law protect my right to use the restroom consistent with my gender identity?

Accepted Answer

Your rights

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’s 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.

But even in those states, many businesses, universities, and other public places are welcoming to all.

How the law varies in different states and cities

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.

Some cities -- like Austin, Texas, New York City, Philadelphia, and West Hollywood -- require that single-stall public restrooms be labeled as all-gender.

If you believe your rights are violated

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.

Additional resources

More details about state-level restrictions on facility access can be found here.

If you’ve 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.

Question 6

How do I update the gender marker on my US passport?

Accepted Answer

Your rights

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. The ACLU filed a class action lawsuit and the situation is evolving.

Additional resources

Please check here for the most up-to-date information regarding passport access.

Question 7

What if I have different gender markers on different IDs or records?

Accepted Answer

Your rights

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.

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.

Question 8

Can I still lawfully access gender affirming healthcare?

Accepted Answer

Your rights

If you’re 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.

Additional resources

Here is a current state-by-state map of restrictions on accessing gender affirming care.

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 fact sheet 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.

Question 9

What about other anti-trans executive orders and actions?

Accepted Answer

To learn more about the ACLU’s response to President Trump’s anti-trans attacks and the evolving landscape, click here.

LGBTQ Rights

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LGBTQ Rights

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