The evolution of LGBTQIA+ fight: A historical perspective on 5 key rights

• What is the status of the LGBTQIA+ community’s fight for equal rights?
• The legal and constitutional landscape has shifted.
• Discover how LGBTQ rights have evolved over time.

How have LGBTQIA+ rights changed throughout history?

Until just a few years ago, homosexuality was considered a crime, and identifying as transgender was classified as a mental disorder.

However, this perspective has shifted due to advances in research and the tireless efforts of civil rights organizations.

Although the journey has not been easy, thousands from the LGBTQIA+ community, along with supportive institutions, have been able to shape policies that ensure equality for everyone.

Here are five rights that were achieved thanks to activism.

Decriminalization of homosexuality

The decriminalization of homosexuality in the United States occurred gradually over several decades.

In 1962, Illinois became the first state to repeal its sodomy law, followed by Connecticut in 1971, and other states in subsequent decades.

However, in many states, homosexuality remained illegal, resulting in numerous arrests, convictions, and persecutions.

In 1986, the U.S. Supreme Court upheld the constitutionality of sodomy laws in the case of Bowers v. Hardwick, a setback for LGBTQIA+ rights in the country.

LGBTQIA+ rights: The ability to become foster parents

In 2003, the U.S. Supreme Court declared the criminalization of homosexuality unconstitutional in Lawrence v. Texas, overturning existing sodomy laws in many states.

There was a time when same-sex couples and individuals who didn’t identify as heterosexual were deemed ‘unfit’ to have children.

Legally, it was impossible for a same-sex couple to even become foster parents. In 2006, the Arkansas Supreme Court put an end to a law stating that LGBT individuals couldn’t care for a child.

This change was achieved thanks to comprehensive evidence showing that sexual orientation doesn’t impact an individual’s ability to be a good parent.

Legalization of same-sex marriage

Over the years, several states have declared bans on adoption or fostering by LGBTQIA+ individuals unconstitutional.

Same-sex marriage was legalized in the United States at the federal level on June 26, 2015, through the Supreme Court’s landmark decision for gay rights in Obergefell v. Hodges.

The ruling affirmed that same-sex couples had the right to marry in every state.

Before this, some states had legalized same-sex marriage either through legislation or court decisions. But the Obergefell v. Hodges case ensured equal rights for same-sex couples nationwide.

LGBTQIA+ Rights: The ability to serve in the armed forces

Before the repeal of the ‘Don’t Ask, Don’t Tell’ policy in 2011, gay individuals could not openly serve in the U.S. military without risking discharge.

Enacted in 1993, this policy allowed homosexuals to serve in the armed forces as long as they didn’t openly disclose their sexual orientation. Many criticized this policy for being discriminatory.

In 2011, the U.S. Congress officially repealed this law.

Now, the LGBTQIA+ community can serve openly in the military without fear of being discharged because of their sexual orientation, marking a significant step for LGBTQIA+ rights.

Transgender rights

In 2005, Diane Schroer, who had served in the U.S. armed forces for 25 years, applied for a counter-terrorism research analyst position.

However, when authorities learned of her gender transition, her contract was rescinded, prompting civil rights advocates to seek to reverse the decision.

This was achieved in 2008 when, after extensive deliberation, a federal district judge ruled that there was discrimination based on gender identity.

Schroer was awarded a $500,000 settlement, setting a precedent for the rights of transgender individuals in the United States.