chevron-down Created with Sketch Beta.

ABA Policy on LGBTQ+ Issues

Conversion Therapy

Recognizes that lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have the right to be free from attempts to change their sexual orientation and gender identity and urges governments to enact laws that prohibit state-licensed professionals from using conversion therapy on minors. 15A112

COVID-19

Urges bar associations and legal employers, in connection with a safe return to the workplace, to develop and implement policies and practices that address the COVID-19 pandemic’s disproportionate impact on people of color, women, individuals with disabilities, individuals who identify as LGBTQ+, caregivers, and seniors. 21A602

Discrimination

Recognizes the rights of individuals who are lesbian, gay, bisexual or transgender (LGBT) as basic human rights and condemns laws, regulations, rules and practices that discriminate against them on the basis of their LGBT status. 14A114B

Gay Panic

Urges governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction. 13A113A

Gender Identity or Expression

Urges the federal, state, local and territorial governments to enact legislation prohibiting discrimination on the basis of actual or perceived gender identity or expression, in employment, housing and public accommodations. 06A122B

Encourages measures to promote the permanent placement of lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth in the foster care system in LGBTQ-friendly homes and that protect LGBTQ youth in the homeless youth and foster care systems from discrimination and violence. 07A104B

Foster Care

Encourages measures to promote the permanent placement of lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth in the foster care system in LGBTQ-friendly homes and that protect LGBTQ youth in the homeless youth and foster care systems from discrimination and violence. 07A104B

LGBTQ Education and Curricula

Urges state and local legislatures, education officials, and school boards to include information about the historical and social contributions of LGBTQ individuals in curricula of publicly funded schools and include LGBTQ-inclusive sexual health education in the curricula of publicly funded schools to promote public health best practices and improve youth mental health outcomes. 21A515

Right to Parent

Opposes laws, regulations, and rules or practices that discriminate against LGBT individuals in the exercise of the fundamental right to parent; urges lawmakers in jurisdictions where such discriminatory laws, regulations, and practices exist to promptly repeal them; and urges bar associations and attorneys to defend victims of anti-LGBT discrimination, and to recognize and support their colleagues taking on this work. 19M113

Sexual Orientation

Urge the federal government and states and local governments to enact legislation, subject to such exceptions as may be appropriate, prohibiting discrimination on the basis of sexual orientation in employment, housing and public accommodations. Sexual orientation means heterosexuality, bisexuality and homosexuality. 89M8

Support the enactment of laws and implementation of public policy that provide that sexual orientation shall not be a bar to adoption when the adoption is determined to be in the best interest of the child. 99M109B

Supports state and territorial laws and court decisions that permit the establishment of legal parent-child relationships through joint adoptions and second parent adoptions by unmarried persons who are functioning as a child’s parents when such adoptions are in the best interests of the child. 03A112A

Opposes legislation and policies that prohibit, limit, or restrict placement into foster care of any child on the basis of sexual orientation of the proposed foster parent when such foster care placement is otherwise appropriate under the applicable law of the state, territory, or tribe. 06M102

Encourages measures to promote the permanent placement of lesbian, gay, bisexual, transgender and questioning (LGBTQ) youth in the foster care system in LGBTQ-friendly homes and that protect LGBTQ youth in the homeless youth and foster care systems from discrimination and violence. 07A104B

Urges Congress to repeal 1 U.S.C. § 7, which denies federal marital benefits and protections to lawfully married same-sex spouses. 09A112

Recognizes that lesbian, gay, bisexual, transgender, and queer (LGBTQ) people have the right to be free from attempts to change their sexual orientation and gender identity and urges governments to enact laws that prohibit state-licensed professionals from using conversion therapy on minors. 15A112

Urges the United Nations, the United States and other governments and relevant international actors to develop and implement methodologies to measure and track the prevalence of sexual and gender-based violence. 17M105

Opposes laws, regulations, and rules or practices that discriminate against LGBT individuals in the exercise of the fundamental right to parent; urges lawmakers in jurisdictions where such discriminatory laws, regulations, and practices exist to promptly repeal them; and urges bar associations and attorneys to defend victims of anti-LGBT discrimination, and to recognize and support their colleagues taking on this work. 19M113

Urges Congress to enact the federal Equality Act, H.R. 2282 (115th Congress), or similar legislation which explicitly affirms that: (1) discrimination because of sexual orientation or gender identity is sex discrimination prohibited by the Civil Rights Act of 1964 and certain other federal statutes; and (2) federal statutory protections for religious freedom do not authorize violation of nondiscrimination laws, and affirms that religiously neutral laws of general applicability prohibiting discrimination based on sexual orientation or gender identity do not improperly burden the religious free exercise rights of those operating places of public accommodation. 19M114

School to Prison Pipeline

Urges federal, state, local and territorial legislative bodies, governmental agencies and applicable entities to eliminate the school to prison pipeline where students of color, students with disabilities, LGBTQ students and other groups suffer disproportionately from inadequacies and inequities in the education system. 16A115

Civil Marriage

To preserve the authority of the states and territories to regulate marriage under our federal system, opposes any federal enactment that would restrict the ability of a state or territory to: (1) prescribe the qualifications for civil marriage between two persons within its jurisdiction; and (2) determine when effect should be given to a civil marriage validly contracted between two persons under the laws of another jurisdiction. 04103D

Urges state, territorial and tribal governments to eliminate all of their legal barriers to civil marriage between two persons of the same sex who are otherwise eligible to marry. 10A111

Civil Protection Order Statutes

Urges governments to enact civil protection order statutes regarding domestic, intimate partner, sexual, dating, and stalking violence that extend protection to lesbian, gay, bisexual, and transgender individuals. 15A109B

Civil Rights Act

Supports an interpretation of Title VII of the Civil Rights Act of 1964 that defines sex discrimination by covered employers to include discrimination on the basis of sexual orientation and gender identity. 18M116A

Bias in Judicial System

Support the enactment of authoritative measures, requiring studies of the existence, if any, of bias in the federal judicial system, including bias based on race, ethnicity, gender, age, sexual orientation and disability, and the extent to which bias may affect litigants, witnesses, attorneys and all those who work in the judicial branch; urge that such studies should include the development of remedial steps to address and eliminate any bias found to exist. 91A10D

Condemn the manifestation by lawyers in the course of their professional activities of bias or prejudice against clients, opposing parties and others, unless such words or conduct are otherwise permissible as legitimate advocacy on behalf of a client or a cause. Oppose unlawful discrimination by lawyers in the management or operation of a law practice in hiring, promoting, discharging or otherwise determining the conditions of employment, or accepting or terminating representation of a client. Condemn any conduct by lawyers that would threaten, harass, intimidate or denigrate any other person. Discourage members from belonging to any organization that practices invidious discrimination. Encourages affirmative steps to discourage such discriminatory speech and conduct. 95A116C

Urge state, territorial and local bar associations to study bias in their community against gay and lesbians within the legal profession and the justice system and make appropriate recommendations to eliminate such bias. 96A10A

Urges courts to extend Batson v. Kentucky, 476 U.S. 79 (1986), to prohibit discrimination against jurors on the basis of sexual orientation or gender identity/expression. 18M108D

Urges that, in all states, territories and tribes, the highest courts or legislative bodies charged with the administration of justice, admission to the bar, or regulation of the legal profession, require that lawyers, judges, commissioners, referees, probation officers, and court personnel whose job requires interacting with the public receive periodic training regarding implicit biases that addresses, at minimum: sex, race, color, religion, ancestry, national origin, ethnic group identification, age, disability, medical condition, genetic information, marital status, sexual orientation, gender expression and gender identity; and urges that, in all states, territories, and tribes, the highest courts or legislative bodies, or agencies and boards that license and regulate the medical profession or social service professions, require that medical professionals and social service professionals who work with the public receive periodic training regarding the implicit biases previously noted. 20A116G

Urges the Supreme Court of the United States to consider racial, ethnic, disability, sexual orientation, gender identity, and gender diversity in the selection process for appointment of amicus curiae, special masters, and other counsel. 17M10A

Access to Quality Health Care

Opposes federal, state, local, territorial and tribal legislation, regulation, and agency policy that discriminates against transgender and non-binary people on the basis of gender identity and/or that imposes barriers to obtaining or providing medically necessary care to affirm an individual’s gender identity. 20A116C

Affordable Health Care Act

Supports an interpretation of Section 1557 of the Affordable Care Act, 42 U.S.C. § 18116(a), that its prohibition on sex discrimination by covered health programs or activities includes but is not limited to discrimination on the basis of sexual orientation and gender identity. 18A104C

Asylum and Refugee Process and Procedures

Encourages states and entities working to implement the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration to take additional steps to address root causes of displacement and forced migration, develop policies that discourage the criminal prosecution of migrants and refugees, encourage the accountable use of prosecutorial discretion, and protect migrants and refugees from bias and discrimination regardless of gender, race, sexual orientation, sexual identity, national origin, and religion. 19M116

Athletics, Transgender Participation in

Opposes any federal, state, local, territorial and tribal legislation, regulation, or policy that prohibits transgender students from participating in athletics in accordance with their gender identity. 21A609

Discrimination in Compensation

Urges Congress, states, and territories to enact legislation that would provide stronger remedies and protections against pay discrimination on the basis of sex (including gender and gender identity), race and ethnicity and for employees with disabilities to help overcome the persistent barriers that continue to impede the achievement of pay equity. 19A115B

Discrimination in the Judiciary

Urges the President of the United States and appropriate parties to recognize the importance of racial, ethnic, disability, sexual orientation, gender identity and gender diversity in the selection process for United States Circuit Judges and United States District Judges, United States Bankruptcy and Magistrate Judges and for other qualified employees in the Judicial Branch of the United States, and to expand the diversity of the pool of qualified applicants, nominees and appointees, including without limitation, the use of diverse merit selection panels. 16A102 

Discrimination in the Legal Profession

Urges all employers and specifically all employers in the legal profession to adopt and enforce policies and procedures prohibiting harassment and retaliation based on gender, gender identity, and sexual orientation. 18M302

Gender Pronouns

Encourages use within the legal profession and justice system of pronouns consistent with a person’s gender identity, including in filed pleadings, during mediations and court proceedings, and within judicial opinions. 21M106A

Harassment and Retaliation

Urges all employers and specifically all employers in the legal profession to adopt and enforce policies and procedures prohibiting harassment and retaliation based on gender, gender identity, and sexual orientation. 18M302

Jury Service, Discrimination and Implicit Bias

Amends Principles 2(B) and 6(C) of the ABA Principles for Juries and Jury Trials to include marital status, gender identity and gender expression to the groups which should not be excluded from jury service, and to recommend that jurors be educated as to implicit bias and how to avoid such bias in the decision-making process. 16A116

Lynching

Urges federal, state, local, territorial and tribal governments to enact legislation that imposes civil and criminal sanctions for lynching others on the basis of race, color, national origin, age, gender, sexual orientation, gender identity, religion, or the presence or appearance of mental or physical disability and imposes criminal and civil sanctions. 20A10I

Mandatory Arbitration

Urges legal employers not to require pre-dispute mandatory arbitration of claims of unlawful discrimination, harassment or retaliation based upon race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity or expression, marital status, or status as a victim of domestic or sexual violence. 19M107B

Migration

Encourages states and entities working to implement the Global Compact on Refugees and the Global Compact for Safe, Orderly and Regular Migration to take additional steps to address root causes of displacement and forced migration, develop policies that discourage the criminal prosecution of migrants and refugees, encourage the accountable use of prosecutorial discretion, and protect migrants and refugees from bias and discrimination regardless of gender, race, sexual orientation, sexual identity, national origin, and religion. 19M116

Sexual Harassment

Urges governments and international institutions to adopt and implement legislation and regulations to eliminate, prevent and provide remedies for gender-based violence in the workplace, including sexual harassment, based on virtue of their actual or perceived sex (including pregnancy), family responsibilities, sexual orientation, gender identity, gender expression, the intersectionality between race and sex or status as a victim of domestic or sexual violence. 18A104E

Sexual Orientation and Adoption

Support the enactment of laws and implementation of public policy that provide that sexual orientation shall not be a bar to adoption when the adoption is determined to be in the best interest of the child. 99M109B

Supports state and territorial laws and court decisions that permit the establishment of legal parent-child relationships through joint adoptions and second parent adoptions by unmarried persons who are functioning as a child’s parents when such adoptions are in the best interests of the child. 03A112A

Sexual Orientation of Foster Parents

Opposes legislation and policies that prohibit, limit, or restrict placement into foster care of any child on the basis of sexual orientation of the proposed foster parent when such foster care placement is otherwise appropriate under the applicable law of the state, territory, or tribe. 06M102

Sexual Orientation of Sponsor of Non-Citizen for Permanent Residence in U.S.

Supports the enactment of legislation and the implementation of public policy to enable a United States citizen or lawful permanent resident who shares a mutual, interdependent, committed relationship with a non-citizen of the same sex to sponsor that person for permanent residence in the United States. 09M108

Strip Searches

Urges all federal, state, tribal, local, and territorial governments to adopt policies and contractual provisions that:

  1. Prohibit conducting strip searches of children and youth, except in exceptional circumstances,
  2. require that, if the child or youth must be strip-searched, the search is conducted in a manner that respects the sexual orientation and gender identity of the child or youth and is the least intrusive manner possible,
  3. prohibit body cavity searches of children and youth; and encourages court systems, lawyers, law schools, and bar associations to promote awareness of the harmful effects of strip searches and body cavity searches of children and youth, including trauma and re-victimization. 20A111B

United States Armed Forces

Urges the federal government to recognize that service by persons who otherwise meet the standards for accession or retention, as applicable, in the United States Armed Forces should not be restricted, and transgender persons should not be discriminated against, based solely on gender identity. 18A118

Workplace Violence 

Urges governments and international institutions to adopt and implement legislation and regulations to eliminate, prevent and provide remedies for gender-based violence in the workplace, including sexual harassment, based on virtue of their actual or perceived sex (including pregnancy), family responsibilities, sexual orientation, gender identity, gender expression, the intersectionality between race and sex or status as a victim of domestic or sexual violence. 18A104E