In 2021, Dr. Lorenda Naylor gave an important presentation to the Standing Panel on Social Equity in Government, coinciding with the release of her book, to talk about recent expansions of civil rights for LGBTQ+ people in government and American society. Video of that presentation can be found below.

Today, we're presenting updated information relevant in that presentation, prepared by Dr. Naylor, to demonstrate the ongoing progress of LGBTQ+ people and their ongoing quest to achieve equity in American society and governance. Dr. Naylor has also prepared primary sources for further reading and as an opportunity for additional study.

Principles of Inclusive Government

Over the past 20 years significant social, political, and legal advances have been made in the LGBTQ movement. Government at all levels has become more inclusive and welcoming to the LGBT community. The aim is to create a more diverse workforce reflective of the American people. This includes recognizing, implementing, and honoring sexual orientation and gender identity in formal policies, hiring practices, and health benefits as well as creating a culture of diversity and inclusion. Key advancements include:

Federal Laws

• Right to sexual privacy. In 2003, the U.S. Supreme Court ruled that same sex couples have the same right to privacy as opposite sex couples (Lawrence v. Texas, 2003);
• Protection from hate crimes. In 2009, sexual orientation and gender identity became protected classes under the Matthew Shepard Jr. Act and James Byrd Hate Crimes Prevention Act of 2009;
• Military rights. In 2011, Don’t Ask Don’t Tell (DADT, Pub L. 103-160) was repealed overturning a ban on gay military service;
• Definition of marriage includes same sex couples. In 2013, the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act of 1996 (U.S. v Windsor, 2013) granting over 1,100 federal benefits to same sex married couples;
• Marriage Equality. In 2015, the U.S. Supreme Court ruled that marriage is a fundamental right for same sex couples (Obergefell v. Hodges, 2015);
• Adoption Rights. In 2016, the U.S. Supreme Court ruled that adoptions by same couples must be recognized in all 50 states (V.L. v. E.L., 2016);
• Employment protections. In 2020, the U.S. Supreme Court ruled that the word sex in Title VII of the Civil Rights Act of 1964 (as amended) includes sexual orientation and gender identity (Bostock v. Clayton County, Georgia, 2020).

Presidential Executive Orders

President Biden has issued several executive orders to increase support for workforce diversity and inclusion across the federal government and in federal contracting:

• E.O. 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government;
• E.O. 13988 Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals; and
• E.O. Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.

Political Representation

• First Openly gay presidential candidate. Pete Buttigieg (D-IN) ran in the 2000 presidential primaries and currently serves as the Secretary for the U.S. Department of Transportation;
• Over 10 Members of Congress have openly identified as LGBT including U.S. Senator Kyrsten Sinema (D-AZ), and U.S. Representatives Tammy Baldwin (D-WI) and Sharice Davids (D-KS);
• 4 states have elected openly LGBT governors: Jared Polis (R-CO), Kate Brown (D-OR), Maura Healy (D-MA), and Tina Kotek (D-OR); and
• The first open transgender person was elected in the country in 2018, Danica Roem, was elected as a Virginia state delegate.

Substantial political and legal advancements have been made to create a more inclusive America and federal work force, and the work continues!

References

Bostock v. Clayton County, Georgia, 590 U.S. __ (2020)

Defense of Marriage Act of 1996. Section 3. (Pub. L. 104-199).

Don’t Ask Don’t Tell Act of 1993 (DADT) (Pub L. 103-160).

Don’t Ask Don’t Tell Repeal Act (Pub. L. 111-321).

Lawrence v. Texas, 539 U.S. 558 (2003)

Matthew Shepard Jr. and James Byrd Hate Crimes Prevention Act of 2009 (Pub. L. 111-84).

Naylor, L. A. (2021). Social Equity & LGBTQ Rights: Dismantling Discrimination and Expanding Civil Rights. (Routledge).

Obergefell v Hodge, 576 U.S. 644 (2015)

U.S. v Windsor, 570_U.S. 744 (2013)

V.L. v. E.L., 577 U.S. 464 (2016)

White House. Office of the President. (2021, June 5) Executive Order 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/25/executive-order-on-diversity-equity-inclusion-and-accessibility-in-the-federal-workforce/

White House. Office of the President. (2022, June 15). Executive Order 13988 Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals. https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/15/executive-order-on-advancing-equality-for-lesbian-gay-bisexual-transgender-queer-and-intersex-individuals/

White House. Office of the President. (2021, January 20). Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/executive-order-preventing-and-combating-discrimination-on-basis-of-gender-identity-or-sexual-orientation/