ACLU Advocacy: Expanding LGBT Rights for Over 75 Years

Since coming to the defense of “The Children’s Hour,” a play that was banned in 1936 for depicting a lesbian relationship, the American Civil Liberties Union has been protecting the rights of LGBT Americans. What follows is a timeline of significant legal developments on LGBT rights in which the ACLU played a role. It is not meant to be exhaustive. There are many other ACLU-related legal developments in the last half-century or so worthy of inclusion but which were omitted either for space considerations or because our limited research capabilities did not turn them up. This timeline serves as a measure of how far we’ve come and where we need to go.

The ACLU’s role in the litigation described ranged from amicus (friend-of-the-court) to direct, sole representation. Legislative gains, on the other hand, always involved the ACLU working in coalition with sympathetic legislators and allied organizations. The ACLU LGBT & AIDS Project intends to update this timeline on an annual basis.

    1936

    • Defense of The Children's Hour

      Defense of The Children's Hour against censorship for lesbian content.

    1956

    • Challenge to police raid of San Francisco Bay Area gay bar

      Defense of 87 men arrested for being "lewd and dissolute" in Pacifica gay bar, Hazel's Inn

    1957

    • Howl and City Lights bookstore defense

      Successful defense of Lawrence Ferlinghetti on obscenity charges for selling explicitly gay Howl and Other Poems by Allen Ginsberg

    1963

    • Early fight against government job discrimination

      Case that ended federal civil service exclusion of gay people. SCOTT v MACY

    1965

    • West Coast Stonewall

      Successful defense against police raid of high-profile San Francisco LGBT New Year's Eve Event. PEOPLE v DONALDSON

    1966

    • Challenge to Florida law banning gay bars

      Unsuccessful attempt to stop state from closing gay bars. INMAN v MIAMI

    1967

    • Early defense of drag

      Challenge to Los Angeles ordinance barring performers from "impersonating" person of opposite sex.

    • Unsuccessful attempt to stop deportation of Canadian gay man

      Supreme Court affirms deportation of gay man under law excluding people with "psychopathic personalities." BOUTILIER v INS

    • Florida sodomy law challenge

      Supreme Court lets stand state court decision upholding sodomy law. DELANEY v FLORIDA

    1969

    • Homosexuality no reason to decertify teacher

      California Supreme Court reinstates gay teacher's teaching certificate, ruling that private, consensual relationship with another man did not impact his work.

    1971

    • Challenge to security clearance denial

      Court overturns DOD's rejection of openly gay man's security clearance, requiring government to show that homosexuality would impact his ability to protect classified information. GAYER v LAIRD

    1972

    • First challenge to marriage laws

      First challenge to law restricting marriage to persons of opposite sex. BAKER v NELSON

    1973

    • Gay teacher fights dismissal

      State high court upholds firing of 12-year teacher with perfect record outed by former student. GAYLORD v TACOMA

    • Security clearance restored for gay executive

      Gay engineering executive's security-clearance position with federal defense contractor restored. ROCK v DOD

    1976

    • Unsuccessful defense of "flamboyant" gay federal employee

      9th Circuit Court of Appeals upholds firing of gay federal employee for "openly and publicly flaunting his homosexual way of life." SINGER v US CIVIL SERVICE COMMISSION

    • Voeller v Voeller

      Challenge to denial of gay father's visitation rights. VOELLER v VOELLER

    • Assertion of 1st Amendment rights by gay college group

      5th Circuit Court of Appeals upholds Mississippi State University's refusal to run ad from student gay group. MISSISSIPPI GAY ALLIANCE v GOUDELOCK

    1978

    • Challenge to infamous Briggs Initiative

      Pre-election challenge to initiative banning gay people from teaching in California public schools. CALIFORNIA FEDERATION OF TEACHERS v EU

    1980

    • Challenge to New York sodomy law

      New York high court strikes down sodomy law. PEOPLE v ONOFRE

    1982

    • One of first domestic partnership lawsuits

      ACLU seeks bereavement leave for San Francisco gay man whose domestic partner died. BRINKIN v SOUTHERN PACIFIC

    1983

    • Defense of LGBT groups leading nationwide beer boycott

      Coors' attempt to get membership lists of gay rights organizations allied with Teamsters to boycott Coors thwarted. SOLIDARITY v COORS

    1985

    • Challenge to Oklahoma law targeting gay teachers

      Supreme Court substantially narrows Oklahoma law prohibiting teachers from "engaging in public homosexual conduct or activity." NGTF v BOARD OF EDUCATION

    1986

    • Bowers v Hardwick

      Supreme Court upholds Georgia sodomy law, giving green light to judicial homophobia nationwide

    1987

    • Challenge to Catholic university's refusal to recognize gay student group

      Federal court rules that Georgetown must follow DC human rights law and recognize gay student group despite religious beliefs. GAY RIGHTS COALITION v GEORGETOWN UNIVERSITY

    • Contagious diseases covered by disability discrimination laws

      US Supreme Court rules disability discrimination laws apply to people with contagious diseases, including AIDS. SCHOOLBOARD v ARLINE

    1988

    • Voter initiative to quarantine people with AIDS

      Challenge to California initiative which sought to quarantine people with AIDS. CALIFORNIA MEDICAL ASSOCIATION v EU

    • Disability laws to protect people with AIDS

      Federal courts rule that federal law protects people with AIDS from discrimination. CHALK v DISTRICT COURT, DOE v CENTINELLA HOSPITAL

    1989

    • Gay soldier reinstatement

      Federal appeals court reinstates officer after Army sought to discharge him despite 20 years of openly gay service. WATKINS v US

    • New York expands definition of "family"

      In eviction case between landlord and surviving gay partner of tenant of record, state high court expands legal definition of "family" beyond those related by marriage, blood, or adoption. BRASCHI v STAHL ASSOCIATES

    1990

    • Vindication of rights of prisoners with HIV

      Consent decree establishes prisoners with HIV have right to equal treatment and access to prison programs. GATES v DEUKMEIJIAN

    • CIA ends discrimination

      CIA agrees to stop discriminating against gay employees. DUBBS v CIA*
      ACLU participated in this case as amicus

    1991

    • Minnesota court grants guardianship to domestic partner

      In high-profile case spanning 7 years, court transfers father's guardianship rights over severely-disabled daughter to her domestic partner. IN RE KOWALSKI*
      ACLU participated in this case as amicus

    • Challenge to voter repeal of gay rights ordinance

      Voters' repeal of gay nondiscrimination law overturned by California court. BANGLE v CITY OF CONCORD

    1992

    • Challenge to Kentucky sodomy law

      Kentucky Supreme Court strikes down sodomy law. COMMONWEALTH v WASSON*
      ACLU participated in this case as amicus

    • Second-parent adoption breakthrough

      New York courts allow adoption by same-sex partner. IN RE EVAN

    1994

    • ENDA introduction

      The Employment Nondiscrimination Act (ENDA) first introduced in Congress.

    1995

    • Bottoms v Bottoms

      Virginia court gives custody to boy's grandmother over objections of lesbian mom. BOTTOMS v BOTTOMS

    1996

    • Romer v Evans

      US Supreme Court strikes down Colorado law barring LGBT nondiscrimination ordinances. ROMER v EVANS

    • FBI AIDS-phobia challenged

      Federal court rules FBI illegally fired San Francisco doctor with HIV. DOE v ATTORNEY GENERAL

    • Clinton signs DOMA into law

      Federal Defense of Marriage Act (DOMA) enacted.

    1997

    • Challenge to state exclusion of people with AIDS from health care coverage

      Litigation leads South Carolina legislature to repeal exclusion of people with AIDS from state pool providing health care coverage to uninsurable, nonindigent residents. DOE v SCHIP

    • Alabama law against gay student groups struck down

      Federal appeals court strikes down state law prohibiting public universities from providing funding to campus gay rights groups. GLBA v PRYOR

    • Joint adoptions by gay couples breakthrough

      New Jersey becomes first state to expressly authorize joint adoption by gay couples. GALLUCIO v NEW JERSEY

    • Overbroad law seeking to censor internet communications struck down

      Representing LGBT and HIV plaintiffs, ACLU persuades Supreme Court to invalidate the Communications Decency Act on free speech grounds in first major case challenging government restrictions on internet communications. ACLU v RENO

    1998

    • Challenge to dismissal of teacher in state without LGBT nondiscrimination law

      Using the Constitution, ACLU persuades federal court in Utah to reinstate popular lesbian high school coach. WEAVER v NEBO SCHOOL DISTRICT

    • First major challenge to Don't Ask, Don't Tell

      Federal appeals court upholds Don't Ask, Don't Tell, asserting that courts must defer to military's judgment. ABLE v UNITED STATES

    • NEA v Finley

      Representing LGBT performance artists, ACLU gets US Supreme Court to weaken NEA's power to deny grants on the basis of "decency' and "American values". NEA v FINLEY

    • ADA protections for asymptomatic people with HIV

      US Supreme Court rules that people with HIV protected by ADA even if they have no symptoms. BRAGDON v ABBOTT*
      ACLU participated in this case as amicus

    1999

    • Maryland sodomy law challenge

      Maryland sodomy law struck down. WILLIAMS v GLENDENNING

    • Southern family law dispute

      Mississippi high court permits son's visitation with gay father and partner. WEIGAND v HOUGHTON

    • Early challenge to outing and dismissal of trans woman

      Challenge to dismissal of high-level state trans employee (outed at work and to her family) successfully settled. DOE v KANSAS

    • 1st appeals court to find heightened scrutiny

      Oregon court finds state's health insurance policy, which denies benefits to domestic partners, unconstitutional in unprecedented decision requiring heightened scrutiny of unequal treatment of lesbians and gay men. TANNER v OREGON HEALTH SCIENCES UNIVERSITY

    2000

    • De facto parenthood established

      New Jersey Supreme Court rules that individual who raises biological child of same-sex partner (but without adopting the child) may still qualify as legal parent. V.C. v M.J.B.*
      ACLU participated in this case as amicus

    • Defense of trans teacher

      Transgender California high school teacher defeats efforts to take away her teaching credentials. WARFIELD v CALIFORNIA COMMISSION ON TEACHER CREDENTIALING

    • Job discrimination victory for HIV police candidate

      Federal appeals court rules that HIV candidate for police department has right to be protected from discrimination. HOLIDAY v CHATTANOOGA

    • Religious Liberty Protection Act derailed

      Religious Liberty Protection Act, which would have set up religious defenses to civil rights actions, is derailed.

    • Dale v Boy Scouts of America

      US Supreme Court rules that Boy Scouts have 1st Amendment right to express their homophobic views by excluding gay men as scoutmasters. DALE v BOY SCOUTS OF AMERICA*
      ACLU participated in this case as amicus

    2001

    • Religious doctor, backed by Pat Robertson, seeks exemption from nondiscrimination law

      Challenge on religious grounds to Louisville's law banning sexual orientation and gender identity discrimination thwarted. HYMAN v LOUISVILLE

    • Law requiring city contractors to treat partners of gay employees equally upheld

      San Francisco law requiring any company that does city business to recognize domestic partnerships upheld. ATA v SAN FRANCISCO*
      ACLU participated in this case as amicus

    • Using marriage as requirement for benefits is discrimination

      New York high court holds that housing policy that favors married students discriminates against lesbians and gay men. LEVIN v YESHIVA

    • Court makes public officials liable for consequences of outing

      Federal appeals court rules that public officials cannot compel minors to disclose their sexual orientation to family members. STERLING v MINERSVILLE

    2002

    • Landmark California settlement of case challenging harassment of gay student

      Unprecedented settlement (calling for district-wide reforms) of rural California case addressing harassment of LGBT high school students. LOOMIS v VISALIA USD

    • Constitutional protections against anti-gay job discrimination upheld

      First state appeals court ruling that constitutional equality rights prohibit firing of public employee because of her sexual orientation. DAVIS v PULLMAN MEMORIAL HOSPITAL

    • Early case defending restroom usage based on gender identity

      Federal appeals court rejects claim that decision to allow transgender woman to use women's room violates freedom of religion. CRUZAN v MINNEAPOLIS*
      ACLU participated in this case as amicus

    2003

    • Lawrence v Texas

      US Supreme Court strikes down all remaining sodomy laws, ruling that same-sex relationships deserve the same respect accorded heterosexual relationships. LAWRENCE v TEXAS*
      ACLU participated in this case as amicus

    • Federal case establishing duty of school officials to protect LGBT students

      Federal appeals court requires school officials to take effective, preventive measures upon learning that LGBT students are being harassed. FLORES v MORGAN HILL USD

    • California enacts civil unions

      California enacts comprehensive set of legal protections for same-sex couples, the first state to do so not acting under court order.

    • Overwhelmingly hostile eastern Kentucky reaction to local GSA fails to stop it

      Attempts by rural Kentucky school district to avoid recognizing GSA by banning all extra-curricular clubs fail. BOYD COUNTY HIGH SCHOOL GSA v BOARD OF EDUCATION

    • Challenge to Arkansas school's outing and religious indoctrination of gay student

      Successful defense of Arkansas student outed by school officials and then disciplined (in part by being forced to read the Bible) for talking about being gay. MCLAUGHLIN v PULASKI COUNTY SCHOOL DISTRICT

    • North Dakota high court strikes down sexual orientation as basis for loss of custody

      North Dakota Supreme Court overrules a decades-old decision stripping gay parents of custody rights after divorce. DAMRON v DAMRON

    • Massachusetts becomes first state to permit same-sex marriages

      Massachusetts Supreme Court opens marriage law to same-sex couples. GOODRIDGE v DEPARTMENT OF PUBLIC HEALTH*
      ACLU participated in this case as amicus

    2004

    • Federal appeals court upholds Florida's ban on adoption by gay people

      11th Circuit narrowly turns back federal constitutional challenge to Florida's infamous ban on adoption by lesbians and gay men. LOFTON v KEARNEY

    • Dad allowed to come out to his son

      Tennessee appellate court strikes down family court order barring gay dad from "coming out" to his own son. HOGUE v HOGUE

    • Early challenge to trans discrimination based on sex discrimination laws

      New York court rules that transgender people are protected from discrimination by sex discrimination laws. HISPANIC AIDS FORUM v ESTATE OF JOSEPH BRUNO

    • First step forward to fairness for Montana gay couples

      Montana Supreme Court rules that University of Montana must provide its LGBT employees equal partner benefits. SNETSINGER v MONTANA UNIVERSITY SYSTEM

    2005

    • Prison term for gay kid 14 times longer than for straight kid ruled wrong

      Kansas Supreme Court frees Matthew Limon, sentenced to 17 years in prison for having consensual sex (when he was 18) with teenage boy. If Matt had sex with teenage girl, his sentence would have been less than 15 months. KANSAS v LIMON

    • West Virginia high court returns custody to non-bio mom

      West Virginia high court transfers custody of child from grandparents to non-biological mother, applying "psychological parent" doctrine to same-sex couples. BURCH v SMARR*
      ACLU participated in this case as amicus

    • Court grants spousal visa to husband of trans female citizen

      Board of Immigration Appeals grants spousal visa to El Salvadorian husband of female trans native, rejecting argument that their marriage can't be recognized by ICE because of DOMA. PETITION OF LOVO-LARA

    • Religion no basis for student being excused from LGBT sensitivity training

      Federal judge rules that religion doesn't excuse students from participating in court-ordered LGBT sensitivity training. MORRISON v BOYD COUNTY BOARD OF EDUCATION

    • First step forward for fairness for Alaskan gay couples

      Alaska high court rules that state and cities must open health and pension plans to same-sex partners, despite constitutional provision limiting marriage to opposite-sex couples. ACLU v ALASKA

    2006

    • Landmark Arkansas ruling striking down ban on foster parenting by gay people

      After reviewing extensive social science evidence about gay parenting, Arkansas high court strikes down state policy that bans gay people from being foster parents. HOWARD v CHILD WELFARE AGENCY REVIEW BOARD

    • New York and Washington say courts say no to marriage while New Jersey sets up civil unions

      Under pressure from state high court, New Jersey establishes civil unions, while New York and Washington high courts narrowly turn down marriage challenges.

    • Court protects lesbian teen's privacy rights

      California lawsuit on behalf of teen lesbian results in unprecedented decision upholding right of minors to control dissemination of personal information about them. NGUON v GARDEN GROVE USD

    • Unprecedented consent decree protecting LGBT youth in juvenile facilities

      First case in country to specifically address treatment of LGBT youth in juvenile facilities is settled; Hawaii youth correctional facility agrees to new protective policies, training programs, and damage awards to plaintiffs. R.G. v KOLLER.

    • Courageous LGBT kids in rural Georgia win GSA recognition

      Federal judge orders rural Georgia school district to recognize gay student club, ruling that district's ban of all non-curricular clubs was unlawful attempt to discriminate. PACER v WHITE COUNTY SCHOOL DISTRICT

    2007

    • Lawrence v Texas Supreme Court ruling expanded

      In Pennsylvania case over probation restrictions for long-term gay couple, federal judge reinforces LAWRENCE ruling that Constitution protects intimate family relationships, including those of same-sex couples, and applies strictest analysis to government's refusal to allow the pair to be together while on probation. US v ROBERTS AND MANGINI

    • Iowa and Oregon become latest successes of state-by-state nondiscrimination strategy

      Iowa and Oregon become 18th and 19th states to pass protections against discrimination based on sexual orientation, and 9th and 10th states to pass laws prohibiting gender identity discrimination.

    • Challenge to termination of lesbian's guardianship rights

      ACLU litigation reunites seven-year-old girl in Georgia with her legal guardian, whose guardianship rights had been terminated because of her sexual orientation. HADAWAY v FOWLER-DENNARD

    • Court rejects "abstinence-only" policy as excuse for denial of GSA

      Federal judge orders Florida school district to recognize GSA, rejecting argument that recognition violates state’s “abstinence-only” policy. OKEECHOBEE HIGH SCHOOL GSA v OKEECHOBEE SCHOOL BOARD

    • Maryland high court rejects marriage

      Challenge to Maryland's exclusion of same-sex couples from marriage fails by one vote in state high court. DEANE AND POLYAK v CONAWAY

    2008

    • Historic California high court decision on marriage

      California Supreme Court issues historic ruling, striking down exclusion of same-sex couples from marriage and extending to all gay people the same level of constitutional protection against discrimination accorded racial minorities and women. IN RE MARRIAGE CASES

    • Passage of Proposition 8

      Passage of Prop 8 overturns marriage part of IN RE MARRIAGE CASES, but does not affect validity of 18,000 marriages performed before Election Day.

    • Connecticut says yes to marriage

      Connecticut Supreme Court opens door to marriage for same-sex couples. KERRIGAN v COMMISSIONER OF PUBLIC HEALTH

    • Federal court strikes down principal's efforts to eliminate pro-LGBT student visibility

      In Florida Panhandle, after trial in which principal testifies that seeing rainbow stickers conjures up in students' minds images of gay sex, federal judge invokes 1st Amendment in striking down school's ban on clothing or symbols showing support for LGBT equality. GILLMAN v HOLMES COUNTY SCHOOL DISTRICT

    • Right-wing parents' attempt to use religion to suppress books with positive LGBT content

      Federal appeals court upholds elementary school's usage of books that encourage tolerance for gay people despite claims of parents that this violates their religious freedom. PARKER v HURLEY*
      ACLU participated in this case as amicus

    2009

    • Landmark Title VII transgender discrimination ruling

      In landmark decision, federal judge rules against Library of Congress for refusing to hire decorated Special Forces Colonel as terrorism researcher because she is transitioning, and concludes that federal law banning sex discrimination protects people who are changing gender. SCHROER v LIBRARY OF CONGRESS

    • Marriage for same-sex couples is established in IA, NH, VT, ME, and D.C.

      Marriage for same-sex couples is established in Iowa (by court decision*) and in New Hampshire, Vermont, D.C., and Maine (later overturned by voters) by legislative action.
      ACLU participated in this case as amicus

    • Domestic partner protections established in NV, WA, CO, NM and WI

      Comprehensive domestic partner protections enacted in Nevada and Washington and partial protections achieved in Colorado, New Mexico, and Wisconsin.

    • LGBT student harassment cases in CA and NY

      Important reforms achieved by LGBT student harassment cases in Vallejo, California and Herkimer County, New York.

    • Witt v Air Force

      9th Circuit decision requiring military to show hard evidence justifying need to exclude particular gay service member finalized. WITT v AIR FORCE

    • "Paramour" restriction struck down

      Tennessee appeals court rules that oft-imposed family court order barring visitation when parent's same-sex partner is around must be subjected to "best interests of the child" review. CHANDLER v BARKER

    2010

    • Repeal of Don't Ask, Don't Tell

      Federal government repeals "Don't Ask, Don't Tell."

    • Infamous Anita Bryant-inspired ban on adoptions by gay people struck down

      State appeals court strikes down Florida's Anita-Bryant-inspired ban on adoption by gay people. IN RE GILL

    • Constance McMillen takes on rural Mississippi high school

      ACLU represents Constance McMillen against rural Mississippi school officials who cancelled prom instead of allowing her to attend with her girlfriend. Litigation leads to national debate on treatment of LGBT youth and to first LGBT nondiscrimination school policy in Mississippi. MCMILLEN v ITAWAMBA COUNTY SCHOOL DISTRICT

    • Supreme Court balances religious freedom with competing nondiscrimination policies

      US Supreme Court rules that public law school may deny official recognition to any student club (even faith-based ones) that violate its nondiscrimination policy as long as policy applied evenhandedly. CHRISTIAN LEGAL SOCIETY v MARTINEZ*
      ACLU participated in this case as amicus

    • Suicide of gay teen Seth Walsh sparks national soul-searching

      Tragic suicide of gay California teen sparks public education campaign and leads to improved statewide law to prevent LGBT student harassment.

    2011

    • New York gains marriage and Delaware, Hawaii, and Illinois establish civil unions

      New York enacts marriage and Delaware, Hawaii, and Illinois pass comprehensive domestic partner protections for same-sex couples.

    • Obama Administration turns against DOMA

      In response to litigation challenging DOMA, President and Attorney General declare DOMA unconstitutional and refuse to defend it.

    • Gay African-American discrimination suit in Mississippi

      Federal lawsuit leads to reinstatement of gay African-American sheriff's deputy in Mississippi. COOLEY v FORREST COUNTY SHERIFF'S DEPARTMENT

    • ACLU launches Don't Filter Me

      ACLU launches Don't Filter Me campaign that results in 96 schools in 24 states unblocking student access to appropriate, positive LGBT websites.

    • Arkansas Supreme Court invalidates voter initiative banning gay adoptions

      Arkansas Supreme Court strikes down 2008 ballot initiative that prevents unmarried adult who lives with partner from foster parenting or adopting. COLE v ARKANSAS

    • Wisconsin law barring prisons from providing transition-related health care struck down

      Federal appeals court strikes down Wisconsin law barring prisons from providing hormone treatment or sex reassignment surgery for transgender inmates. FIELDS v SMITH

    • Gender identity "catch-up" bills enacted in Connecticut and Nevada

      Connecticut and Nevada enact nondiscrimination protections for transgender residents.

    • Court rules homophobic religious beliefs no excuse for failure to complete counseling program requirements

      11th Circuit rules that public university may remove student from graduate counseling program if student, on religious basis, insists on counseling gay clients that homosexuality is immoral, in contravention of American Counseling Association's Code of Ethics. KEETON v ANDERSON-WILEY*
      ACLU participated in this case as amicus

    2012

    • Federal DOMA challenge

      2nd Circuit declares actions against lesbians and gay men deserving of heightened scrutiny, and rules DOMA unconstitutional. WINDSOR v US

    • Perry v Brown

      9th Circuit strikes down California's Prop 8. PERRY v BROWN*
      ACLU participated in this case as amicus

    • Federal court halts school district censorship of educationally appropriate LGBT websites

      Federal judge orders Missouri school district to stop using filtering software that blocks all LGBT-supportive information, including many non-sexually-explicit websites. PFLAG v CAMDENTON R-III SCHOOL DISTRICT

    • Alaska and Illinois adopt fair policies on changing gender markers on identity documents

      Lawsuits in Alaska and Illinois lead to those states abandoning policies of requiring genital surgery to change gender markers on driver's licenses and birth certificates. K.L. v ALASKA, GREY v ARNOLD

    • Bans on hormone treatments for trans inmates removed

      Departments of Corrections in Arkansas and Texas persuaded to remove bans on hormone treatment for transgender inmates.

    • Maine becomes 7th state to legalize marriage for same-sex couples

      Maine becomes first state to legalize marriage for same-sex couples by voter referendum alone

    • Maryland and Washington enact freedom to marry

      Legislatures in Maryland and Washington enact marriage, triggering November referenda which affirm legislative breakthroughs

    • Minnesota rejects marriage homophobia

      Minnesota voters are first in the nation to vote down a state constitutional amendment restricting marriage to heterosexuals
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