LGBTQ rights in Arkansas

Arkansas (US)

Legal status| Legal since 2001
(Picado v. Jegley)
Legislative repeal in 2005
Gender identity| Sex change recognized
Military| Sexual orientation allowed since 2011
(Don't Ask, Don't Tell Repeal Act of 2010), gender identity allowed since 2021
Discrimination protections| Sexual orientation and gender identity covered in employment anti-discrimination laws statewide since 2020
(Bostock v. Clayton County)
Family rights
Recognition of relationships| Same-sex marriage since 2015
(Obergefell v. Hodges)
Adoption| Legal since 2011
(Arkansas Department of Human Services v. Cole)

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Arkansas face legal challenges not experienced by non-LGBTQ residents. Same-sex sexual activity in Arkansas was decriminalized in 2001 and legally codified in 2005. Same-sex marriage became briefly legal through a court ruling on May 9, 2014,[1] subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Nonetheless, discrimination on the basis of sexual orientation and gender identity was not banned in Arkansas until the Supreme Court banned it nationwide in Bostock v. Clayton County in 2020.

## Law regarding same-sex sexual activity

[edit]

In 1838, Arkansas instituted the first statute against homosexual activity with a provision which read: "Every person convicted of sodomy or buggery will be imprisoned in the state penitentiary for not less than five years nor more than 21 years." In 1864, the Arkansas General Assembly raised the penalty to death, though this was repealed nine years later, and the initial penalty was re-established. The first reported sodomy case occurred in 1921 in Smith v. State, where the defendant was found guilty of "disregarding the laws of nature". In 1925, the Arkansas Supreme Court unanimously held that fellatio (oral sex), whether heterosexual or homosexual, violated the sodomy statute. The legislation was subsequently amended in 1955 to lower the minimum penalty to one-year imprisonment, and in 1977 to penalize only homosexual acts, or sexual acts occurring between humans and animals; but in effect decriminalized sodomy by making it a Class A misdemeanor.[2]

In 1992, Governor Bill Clinton, during his presidential campaign, publicly called for the sodomy law to be repealed. The statement was published on the front page of the Washington Blade.[2]

In 2002, the Arkansas Supreme Court in Picado v. Jegley found that the state statute that made sexual relations between people of the same gender a criminal act was unconstitutional because the law violated a fundamental right to privacy and failed to provide the equal protection of the laws.[3][4] Previously, the courts had rejected multiple legal challenges to the statute: Connor v. State (1973) where the state Supreme Court rejected arguments that religious prejudice in the law's enactment made it unconstitutional, Carter et al. v. State (1973) where the same court held that the General Assembly could, "within constitutional limits", outlaw anything that was "hurtful to the comfort, safety and welfare of the people and prescribe regulations to promote the public health, morals and safety" and rejected privacy as a fundamental right, and United States v. Lemmons (1983) in which a federal court rejected privacy arguments based on the fact that the act in question had occurred in a public restroom.[2]

On April 4, 2005, the Arkansas House of Representatives passed, by a vote of 85–0 in favor, SB 984, a bill repealing laws against sexual acts among same-sex couples. On April 7, 2005, the Arkansas State Senate passed the bill, by a vote of 35–0 in favor. Governor Mike Huckabee signed the bill into law, and it went into effect on April 12, 2005.[5]

## Recognition of same-sex relationships

[edit]

Main article: Same-sex marriage in Arkansas

Arkansas bans same-sex marriage in both state statute and its state Constitution. These provisions have been ruled unconstitutional and are no longer enforced.[1]

On May 9, 2014, Sixth Judicial Circuit Judge Chris Piazza issued a preliminary ruling in Wright v. Arkansas that found the state's ban on same-sex marriage unconstitutional. On May 15, he issued a final ruling that enjoined enforcement of the state's statutes prohibiting the licensing and recognition of same-sex marriages as well. The Arkansas Supreme Court stayed his ruling while it heard the appeal.[6]

In another lawsuit in federal court, Jernigan v. Crane, on November 25, 2014, Judge Kristine Baker found the state's ban on same-sex marriage unconstitutional and stayed her ruling pending appeal.[7]

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that bans on same-sex marriage are unconstitutional, effectively legalizing same-sex marriage in the United States. Since then, same-sex couples in Arkansas have been allowed to legally wed.[8]

## Adoption and parenting

[edit]

Arkansas voters approved a ballot measure in November 2008, effective from January 1, 2009, to prohibit by statute cohabiting couples who are not in a recognized marriage from adopting and providing foster care.[9] On April 7, 2011, in Arkansas Department of Human Services v. Cole, the Arkansas Supreme Court unanimously found that the measure "fails to pass constitutional muster" because it "directly and substantially burdens the privacy rights of 'opposite-sex and same-sex individuals' who engage in private, consensual sexual conduct in the bedroom by foreclosing their eligibility to foster or adopt children, should they choose to cohabit with their sexual partner."[10]

Lesbian couples have access to in vitro fertilization and other assisted reproduction services. Per Pavan v. Smith, Arkansas recognizes the non-genetic, non-gestational mother as a legal parent to a child born via donor insemination, but only if the parents are married.[11] In addition, no statute or case law prohibits surrogacy, traditional or gestational. As a result, both are practiced in the state, including by same-sex couples.[12]

### Birth certificates

[edit]

In December 2015, a circuit judge found Arkansas' birth certificate law unconstitutional because it unfairly discriminated against same-sex couples. The law allowed the heterosexual non-biological father to be listed on his child(ren)'s birth certificates but refused that right for the homosexual non-biological mother. The state appealed the ruling to the Arkansas Supreme Court. In December 2016, the state's Supreme Court ruled that the birth certificate law was constitutional. Supreme Court Judge Jo Hart wrote: "It does not violate equal protection to acknowledge basic biological truths".[13] On June 26, 2017, the U.S. Supreme Court ruled in an unsigned opinion, in Pavan v. Smith, that the Arkansas Supreme Court's ruling was in clear violation of Obergefell v. Hodges and struck down the state's birth certificate law.[14] In October, the state Supreme Court acknowledged that the state law was unconstitutional and ordered that married same-sex couples be treated equally in the issuance of birth certificates.[15][16]

## Discrimination protections

[edit]

Map of Arkansas counties and cities that have sexual orientation anti–employment discrimination ordinances before Bostock v. Clayton County banned discrimination nationwide in 2020

Sexual orientation and gender identity with anti–employment discrimination ordinance

Sexual orientation and gender identity solely in public employment

Sexual orientation in public employment

Does not protect sexual orientation and gender identity in employment

Arkansas law does not address discrimination based on gender identity or sexual orientation.[17]

The capital city of Little Rock and several other cities, including Conway, Hot Springs and North Little Rock as well as Pulaski County, prohibit discrimination on the basis of sexual orientation and gender identity in public employment (city or county employees).[18] The cities of Marvell and Springdale have similar policies but only ban sexual orientation-based discrimination.[19]

Two cities have enacted comprehensive anti-discrimination ordinances addressing both public and private employment discrimination on account of sexual orientation and gender identity. These are Eureka Springs and Fayetteville.[20] However, both these ordinances are unenforced due to the passage of the Intrastate Commerce Improvement Act. In February 2017, the Arkansas Supreme Court struck down Fayetteville's anti-discrimination ordinance because it included sexual orientation and gender identity as protected categories. The court found that the ordinance contravened the act.[21] Following the ruling, Fayetteville City Attorney Kit Williams said he would focus on challenging the constitutionality of the act.

### Intrastate Commerce Improvement Act

[edit]

Main article: Intrastate Commerce Improvement Act

On February 9, 2015, the Arkansas State Senate passed, with 24 voting in favor, 8 voting against, and 2 not voting, the Intrastate Commerce Improvement Act, legislation that prohibits counties, municipalities or other political subdivisions in the state from adopting anti-discrimination ordinances that creates a protected classification or prohibits discrimination on a basis not contained in state law. On February 13, 2015, the Arkansas House of Representatives passed, with a 58 in favor, 21 voting against, 14 not voting, and 7 voting present. An emergency clause to the bill was rejected by the House.[22]

## Hate crime law

[edit]

Arkansas has no hate crime statute that attaches penalties to criminal convictions when motivated by bias,[23] but a state statute does allow victims to sue for damages or seek court-ordered relief for acts of intimidation, harassment, violence, or property damage "where such acts are motivated by racial, religious, or ethnic animosity", not sexual orientation or gender identity.[24] However, sexual orientation and gender identity are covered under U.S. federal law since the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in October 2009.

### Watered-down version hate crime laws

[edit]

In April 2021, the Arkansas Legislature overwhelmingly passed a "watered-down weak version" of a hate crimes bill - that does not include both "sexual orientation or gender identity" explicitly or implicitly. The Governor of Arkansas signed the bill into law effective immediately.[25] Only Wyoming and South Carolina as hold outs are yet to introduce or implement hate crime laws across the United States.[26][27][28]

## Healthcare denial bill

[edit]

In early 2021, a bill (SB 289) to allow medical practitioners to cite their religious beliefs to deny healthcare to LGBT patients passed the Arkansas House of Representatives and the Arkansas Senate.[29][30][31] Both Mississippi and Illinois have similar laws.[32] On March 26, Governor Asa Hutchinson signed the bill into law effective immediately.[33]

## Gender identity and expression

[edit]

Since 1981, Arkansas law permits transgender people to amend their birth certificates upon receipt of a court order verifying that they have undergone sex reassignment surgery and that their names have been changed.[34][35][36][37]

Besides male and female, Arkansas identity documents are available with an "X" sex descriptor. The Arkansas Department of Finance and Administration has issued such documentation since December 2010.[38] In March 2024, the DFA rescinded its support of X descriptors for driver's licences. [39]

### Trans people in sports

[edit]

In March 2021, the Arkansas Legislature passed a bill to legally ban transgender individuals from sports and athletics. Idaho and Mississippi already had similar laws, Idaho's having passed in 2020 and Mississippi's having passed earlier in March 2021.[40][41] On March 25, the bill was signed into law by the Governor of Arkansas and became effective immediately.[42][43]

### Transgender healthcare

[edit]

In March 2021, the Arkansas Legislature passed HB 1570, a bill to legally ban puberty blockers, hormone therapy and/or sex reassignment surgery on individuals under the age of 18.[44] (Sex reassignment surgery is not performed on minors in Arkansas.[45]) Governor Asa Hutchinson vetoed the bill on April 5, calling it "overbroad" and "extreme",[46] but the Legislature overrode his veto the next day.[47] The ACLU sued the state, and a federal judge blocked enforcement of the law so that the lawsuit could proceed.[48][49] and a federal judge issued an injunction preventing the law from taking effect, saying the law would cause "irreparable harm" to minors if allowed to go into effect.[50]

On June 20, 2023, federal judge James M. Moody Jr., who had previously blocked the law from taking effect, issued a ruling striking down the law. In his ruling he argued that the law discriminated against transgender people and violated the constitutional rights of doctors, and that the state did not adequately prove its claim regarding the supposed experimental nature of transition care.[51]

The state's attorney general, Tim Griffin, and Governor Sanders vowed to appeal the decision.[51]

### Gender-affirming litigation bill

[edit]

In March 2023, the Arkansas Legislature passed a bill to allow individuals to sue doctors, nurses or other health employees for gender-affirming healthcare provided to them as minors. After turning 18, the person has 15 years to sue—whereas lawsuits for other types of care generally must be filed within two years. On March 13, 2023, Governor Sarah Huckabee Sanders signed it into law. It will take effect in the summer.[52][53][needs update]

### Bathroom ban with sex offender registration penalties

[edit]

On April 11, 2023, a bathroom bill became Act 619.[54] The previous February, the Arkansas state legislature had put it forth as SB270, to amend the definition of "sexual indecency with a child" to include any trans person using a public bathroom, locker room, changing room, or other public changing facility matching their gender identity while a minor is also inside.[55] Subsequently, it was narrowed. In the final version, the misdemeanor depends on the intent of "arousing or gratifying a sexual desire".[56]

On March 21, 2023, Governor Sarah Huckabee Sanders signed a different law prohibiting trans people from using public school bathrooms that match their gender. This made Arkansas the fourth state to pass a law about public school bathrooms, following Alabama, Oklahoma and Tennessee, while Idaho and Iowa's approved bills had yet to be signed by their governors.[57]

## Public opinion

[edit]

A 2017 Public Religion Research Institute poll found that 52% of Arkansas residents supported same-sex marriage, while 38% opposed it and 10% were unsure.[58] The same poll found that 64% of Arkansans supported an anti-discrimination law covering sexual orientation and gender identity, while 27% were opposed.[59] Furthermore, 53% were against allowing public businesses to refuse to serve LGBTQ people due to religious beliefs, while 41% supported allowing such religiously-based refusals.[60]

A 2022 Public Religion Research Institute poll found that 51% of Arkansas residents supported same-sex marriage, while 47% opposed it and 1% were unsure. The same poll found that 74% of Arkansans supported an anti-discrimination law covering sexual orientation and gender identity, while 24% were opposed. 2% were undecided. Furthermore, 55% were against allowing public businesses to refuse to serve LGBTQ people due to religious beliefs, while 43% supported allowing such religiously-based refusals. 1% were undecided.

Public opinion for LGBT anti-discrimination laws in Arkansas  Poll source  | Date(s)
administered  | Sample
size  | Margin of
error  | % support  | % opposition  | % no opinion

|
|
|
|
|
|

Public Religion Research Institute | January 3-December 30, 2018 | 547  | ?  | 56% | 33%  | 11%
Public Religion Research Institute | April 5-December 23, 2017 | 641  | ?  | 64% | 27%  | 9%
Public Religion Research Institute | April 29, 2015-January 7, 2016 | 782  | ?  | 57% | 38%  | 5%

## Summary table

[edit]

This article needs to be updated. Please help update this article to reflect recent events or newly available information. (March 2024)

|

Same-sex sexual activity legal |  (Since 2002, codified in 2005)

|

Equal age of consent (16)  |  (Since 2002)
Anti-discrimination laws in employment |  (Since 2020)
Anti-discrimination laws in the provision of goods and services  |  (Prohibited by the Intrastate Commerce Improvement Act since 2015)
Anti Discrimination laws in housing  |  (Prohibited by the Intrastate Commerce Improvement Act since 2015)
Anti Discrimination laws in public accommodations  |  (Prohibited by the Intrastate Commerce Improvement Act since 2015)
Anti-discrimination laws in all other areas  |  (Prohibited by the Intrastate Commerce Improvement Act since 2015)
LGBT anti-bullying law in schools and colleges  |
Hate crime laws inclusive of sexual orientation and gender identity  |
Transgender persons in prisons, jails, juvenile detentions, etc. required to be housed according to their gender identity and coverage of transition healthcare  |
Gender confirmation surgery, puberty blockers, hormone replacement therapy and other transition-related healthcare for transgender people required to be covered under health insurance and state Medicaid policies  |  (Explicitly banned)
Transgender people allowed to use restrooms and other gender-segregated spaces that correspond with their gender identity  | (Since 2023)[61]
Transgender athletes allowed to participate in the sport of their gender identity (highly controversial)  | / (AMAB transgender individuals in specific are explicitly banned)[62]
Gender-neutral bathrooms  |
Same-sex marriages |  (Since 2015)
Stepchild adoption by same-sex couples  |  (Since 2011)
Joint adoption by same-sex couples |  (Since 2011)
Gays, lesbians and bisexuals allowed to serve openly in the military  |  (Since 2011)
Transgender people allowed to serve openly in the military  |  (Since 2025)[63]
Transvestites allowed to serve openly in the military  | [64]
Intersex people allowed to serve openly in the military  |  (Current DoD policy bans "Hermaphrodites" from serving or enlisting in the military)[64]
Right to change legal gender  |  (Requires sex reassignment surgery)
Third gender option  |  (Since 2024)[65][66]
LGBT education  |
Access to IVF for lesbians  |
Conversion therapy banned for minors  |
Intersex minors protected from invasive surgical procedures  |
Gay panic defense banned  |
Commercial surrogacy for gay male couples  |
Homosexuality declassified as a mental illness  |  (Since 1973)
Transgender identity declassified as a mental illness  |  (Reclassified as "gender dysphoria" under DSM-5 since 2013, and diagnosis of gender dysphoria is usually required in order to access transition care)[67]
Intersex sex characteristics declassified as a physical deformity  |
Men who have sex with men allowed to donate blood  | / (Since 2020; 3-month deferral period)[68]

## References

[edit]

1. ^ a b "Arkansas judge strikes down state ban on same-sex marriage". Reuters. May 9, 2014. Retrieved May 9, 2014.
2. ^ a b c "The History of Sodomy Laws in the United States - Arkansas". glapn.org.
3. ^ "Arkansas Sodomy Law". Hrc.org. Archived from the original on March 10, 2012. Retrieved November 2, 2013.
4. ^ American Psychological Association: "Jegley v. Picado 80 S.W.3d 332", accessed April 7, 2011
5. ^ "Bill Information". arkleg.state.ar.us.
6. ^ "Gay marriage on hold in Arkansas following new ruling". Time. May 16, 2014. Retrieved May 17, 2014.
7. ^ Snow, Justin (November 25, 2014). "Federal judge strikes down Arkansas same-sex marriage ban". Metro Weekly. Retrieved November 25, 2014.
8. ^ "US Supreme Court rules gay marriage is legal nationwide". BBC News. June 26, 2015.
9. ^ National Conference of State Legislatures: "Same-Sex Marriage on the 2008 Ballot," November 6, 2008, accessed April 16, 2011
10. ^ Metroweekly: Chris Geidner, "Arkansas High Court Strikes Down State's 2008 Adoption Ban," April 7, 2011 Archived April 11, 2011, at the Wayback Machine, accessed April 7, 2011
11. ^ "Arkansas' equality profile". Movement Advancement Project.
12. ^ "Is surrogacy legal in Arkansas". Surrogate.com.
13. ^ Arkansas Supreme Court blocks birth certificates for same-sex couples Reuters
14. ^ Supreme Court upholds same-sex parents' birth certificate rights
15. ^ "Arkansas Supreme Court orders gender neutral treatment of parents on birth certificates". Arkansas Times. October 19, 2017.
16. ^ "Arkansas high court: State must change birth certificate law". WREG.com. October 20, 2017.
17. ^ "Arkansas Non-Discrimination Law". HRC. March 9, 2007. Archived from the original on March 11, 2012. Retrieved November 2, 2013.
18. ^ "Municipal Equality Index" (PDF). Human Rights Campaign. 2013. Archived from the original (PDF) on December 2, 2013. Retrieved November 21, 2013.
19. ^ "MEI 2018: See Your City's Score". Human Rights Campaign. Archived from the original on October 9, 2018.
20. ^ Bowden, Bill (February 10, 2015). "Eureka Springs quickly passes anti-prejudice law". Northwest Arkansas Democrat-Gazette. Archived from the original on March 5, 2024.
21. ^ Hersher, Rebecca (February 23, 2017). "Arkansas Supreme Court Strikes Down Local Anti-Discrimination Law". NPR.
22. ^ "SB202 - To Amend the Law Concerning Ordinances of Cities and Counties by Creating the Intrastate Commerce Improvement Act and to Declare an Emergency". Arkansas State Legislature.
23. ^ "Arkansas Hate Crimes Law". State Laws & Legislation. Human Rights Campaign. October 2, 2008. Archived from the original on February 16, 2013. Retrieved January 26, 2013.
24. ^ "Hate Crime Laws". Partnersagainsthate.org. Archived from the original on April 15, 2013. Retrieved January 26, 2013.
25. ^ "Gov. Hutchinson signs alternative hate crimes bill". April 14, 2021.
26. ^ "Halfhearted hate crime bill substitute headed for governor's signature". April 12, 2021.
27. ^ "Alternative to hate crimes bill heads to Gov. Hutchinson's desk". April 12, 2021.
28. ^ "Arkansas, South Carolina and Wyoming race to not be last state in U.S. To pass a hate crime law". Newsweek. March 24, 2021.
29. ^ "Arkansas Senate passes discriminatory LGBTQ+ healthcare bill". February 15, 2021.
30. ^ "Arkansas Senate approves healthcare religious objections bill". KATV. Associated Press. February 11, 2021. Retrieved March 20, 2021.
31. ^ "SB289 Bill Information - Arkansas State Legislature". arkleg.state.ar.us. Retrieved March 20, 2021.
32. ^ "Arkansas legislature passes bill to allow EMTs & doctors to refuse to treat LGBTQ people / LGBTQ Nation". March 22, 2021.
33. ^ "Arkansas governor signs bill allowing medical workers to refuse treatment to LGBTQ people | PBS NewsHour". PBS. March 26, 2021.
34. ^ "Arkansas lawmakers voted unanimously to recognize trans folks in state law in 1981 / LGBTQ Nation". March 2, 2021.
35. ^ "Arkansas Birth Certificate Law: Gender Identity Issues". Hrc.org. March 10, 2007. Archived from the original on March 11, 2012. Retrieved November 2, 2013.
36. ^ Gerdes, Stefanie (March 27, 2017). "Arkansas could make it 'illegal to be transgender' this week". Gay Star News. Archived from the original on October 31, 2021. Retrieved January 29, 2018.
37. ^ Zekis, Andrea (May 16, 2017). "Advocates in Arkansas fought back several anti-trans bills - and why that matters". Medium. Retrieved January 29, 2018.
38. ^ Arkansas Has Been Offering A Nonbinary Gender Option On State IDs For Years, HuffPost, 17 October 2018
39. ^ Robertson, Nick (March 12, 2024). "Arkansas rolls back gender-neutral driver's license policy". The Hill.
40. ^ Boone, Rebecca (March 3, 2021). "Idaho transgender athlete ban is template for other states". AP NEWS. Retrieved April 7, 2021.
41. ^ Associated Press (March 22, 2021). "Arkansas lawmakers send transgender sports ban bill to governor's desk". 5newsonline.com. Retrieved April 7, 2021.
42. ^ "Arkansas becomes second state to sign transgender sports ban into law". March 25, 2021.
43. ^ "Hutchinson signs gender bill". March 26, 2021.
44. ^ "Arkansas becomes the first state to ban gender-affirming healthcare for trans youth / LGBTQ Nation". March 30, 2021.
45. ^ "Arkansas Lawmakers Override Veto, Enact Transgender Youth Treatment Ban". Associated Press. April 6, 2021.
46. ^ Bryan, Max (April 5, 2021). "Arkansas Gov. Hutchinson vetoes bill banning youth gender reassignment surgeries, calling it 'overbroad, extreme'". USA TODAY. Retrieved April 5, 2021.
47. ^ DeMillo, Andrew (April 6, 2021). "Arkansas lawmakers enact transgender youth treatment ban". AP News. Archived from the original on April 6, 2021. Retrieved April 6, 2021.
48. ^ "Federal Judge Blocks Arkansas Law Banning Treatment Of Trans Youths". HuffPost. July 21, 2021. Retrieved May 10, 2022.
49. ^ "Brandt et al v Rutledge et al - Complaint". May 25, 2021.
50. ^ "Federal Judge Blocks Arkansas Ban On Gender Confirming Treatments For Trans Youth". NPR. July 21, 2021.
51. ^ a b Rojas, Rick; Cochrane, Emily (June 20, 2023). "Judge Strikes Down Arkansas Law Banning Gender Transition Care for Minors". The New York Times. ISSN 0362-4331. Retrieved June 21, 2023.
52. ^ "Sarah Huckabee Sanders Signs Arkansas Trans Care Malpractice Bill Into Law". HuffPost. March 14, 2023. Retrieved March 15, 2023.
53. ^ "Human Rights Campaign Slams Gov. Sanders for Signing Bill Doubling Down on Making Gender Affirming Care Inaccessible". March 14, 2023.
54. ^ "SB270 Bill Information". arkleg.state.ar.us. Retrieved April 22, 2023.
55. ^ Senate Bill 270 (PDF). Arkansas State Legislature. 2023.
56. ^ "State House panel approves amended version of bathroom bill". Arkansas Online. March 29, 2023. Retrieved April 22, 2023.
57. ^ DeMillo, Andrew (March 22, 2023). "Arkansas Restricts School Bathroom Use By Transgender People". HuffPost. Retrieved March 22, 2023.
58. ^ Public opinion on same-sex marriage by state: Arkansas, PRRI – American Values Atlas
59. ^ Public opinion on LGBT nondiscrimination laws by state: Arkansas, PRRI – American Values Atlas
60. ^ Public opinion on religiously based refusals to serve gay and lesbian people by state: Arkansas, PRRI – American Values Atlas
61. ^ Sayers, Shawna Mizelle,Devon M. (March 22, 2023). "Arkansas governor signs bill that restricts transgender students' bathroom use in schools | CNN Politics". CNN. Retrieved April 9, 2024.`{{cite web}}`: CS1 maint: multiple names: authors list (link)
62. ^ "Arkansas governor signs transgender sports ban into law". AP News. March 25, 2021. Retrieved April 9, 2024.
63. ^ Simmons-Duffin, Selena (January 28, 2025). "Trump issues order to ban transgender troops from serving openly in the military". NPR. Retrieved June 14, 2025.
64. ^ a b "Medical Conditions That Can Keep You from Joining the Military". May 10, 2021.
65. ^ DeMillo, Andrew (March 14, 2024). "Arkansas' elimination of 'X' as option for sex on licenses and IDs endorsed by GOP lawmakers". AP News. Retrieved April 9, 2024.
66. ^ Faqiri, Shirin (March 13, 2024). "Arkansas ends gender-neutral policy for driver's licenses and IDs". CNN. Retrieved June 4, 2024.
67. ^ "What Is Gender Dysphoria?". American Psychiatric Association. Retrieved December 31, 2020.
68. ^ McNamara, Audrey (April 2, 2020). "FDA eases blood donation requirements for gay men amid "urgent" shortage". CBS News.

* v
* t
* e

LGBTQ rights in the United States

By entity|

| Federal|

* One, Inc. v. Olesen (1958)
* Executive Order 12968
* Romer v. Evans (1996)
* Executive Order 13087
* Lawrence v. Texas (2003)
* Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act
* Don't Ask, Don't Tell Repeal Act of 2010
* Violence Against Women Act
* United States v. Windsor (2013)
* Executive Order 13672
* Obergefell v. Hodges (2015)
* Pavan v. Smith (2016)
* Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
* Bostock/Harris Funeral Homes/Altitude Express (2020)
* G.G. v. Gloucester County School Board (2020)
* Executive Order 13988
* Respect for Marriage Act
* 303 Creative LLC v. Elenis (2023)

Repealed or
overturned
federal laws|

* Immigration Act of 1917
* Immigration and Nationality Act of 1952
* Executive Order 10450
* Immigration and Nationality Act of 1965
* Bowers v. Hardwick (1986)
* DoD Directive 1304.26 ("Don't ask, don't tell")
* Defense of Marriage Act
* Presidential Memorandum of August 25, 2017

States|

* Alabama
* Alaska
* Arizona
* Arkansas
* California
* Colorado
* Connecticut
* Delaware
* Florida
* Georgia
* Hawaii
* Idaho
* Illinois
* Indiana
* Iowa
* Kansas
* Kentucky
* Louisiana
* Maine
* Maryland
* Massachusetts
* Michigan
* Minnesota
* Mississippi
* Missouri
* Montana
* Nebraska
* Nevada
* New Hampshire
* New Jersey
* New Mexico
* New York
* North Carolina
* North Dakota
* Ohio
* Oklahoma
* Oregon
* Pennsylvania
* Rhode Island
* South Carolina
* South Dakota
* Tennessee
* Texas
* Utah
* Vermont
* Virginia
* Washington
* West Virginia
* Wisconsin
* Wyoming

Federal district|

* District of Columbia

Tribal nations|

* Navajo Nation

Unincorporated
territories|

* American Samoa
* Guam
* Northern Mariana Islands
* Puerto Rico
* U.S. Virgin Islands

By type|

* Adoption
* Age of consent
* Conversion therapy bans
* Hate crimes
* Housing discrimination
* Intersex rights
* Military
* Transgender
* Intersex
* Sexual orientation
* Employment discrimination
* by municipality
* State bans on local anti-discrimination laws
* Immigration
* Anti-LGBTQ curriculum laws
* Florida Parental Rights in Education Act
* Public accommodations
* Religious exemptions
* Same-sex unions
* Civil unions
* Domestic partnerships
* by municipality
* Marriage
* Transgender rights
* voting
* Bathroom bill
* Protecting Women's Private Spaces Act

Repealed or
overturned|

* U.S. state constitutional amendments banning same-sex unions
* Same-sex marriage law in the United States by state
* Sodomy laws in the United States

Movements|

* LGBTQ movements in the United States
* LGBTQ history in the United States
* History of violence against LGBTQ people in the United States
* 2020s anti-LGBTQ movement in the United States

Related|

* Congressional Equality Caucus
* Lavender Scare
* Save Our Children
* LGBTQ people in prison
* Arnold Schwarzenegger and LGBT rights
* LGBT protests against Donald Trump
* Disney and Florida's Parental Rights in Education Act

* LGBTQ portal
* Category

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template