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Lesbian, Gay, and Bisexual Issues
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Issue Statement
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Discrimination against lesbian, gay, and bisexual (LGB) people has a long history in the United
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States, across nations, and across cultures1. In fact, the US government has modeled the
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subjugation of lesbians and gay men through public policy. Following World War II, President
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Eisenhower banned gay men and lesbians from all federal jobs; many state and local
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governments and private companies followed suit (Garraty & Foner, 1991). Until 1961, both
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sodomy and homosexuality were illegal in all 50 states. Sodomy laws were used in many states
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to deny lesbians and gay men custody of their children, employment, and the opportunity to
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foster or adopt children in state care (National Gay and Lesbian Task Force, 2004). Throughout
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the 1950s and 1960s, police frequently targeted gay bars, arresting employees and patrons.
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By the late 1960s, the U.S. gay rights movement was beginning to gain momentum. On June 27,
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1969, when New York City police raided a Greenwich Village gay bar, the LGB community
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fought back. The community's response - knows as the “Stonewall Riots” - were an important
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milestone in striving for gay rights in the US. Over the next decades, changes would spread
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across the country. In 1973, homosexuality was removed as a mental illness in the Diagnostic
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and Statistical Manual or DMS (APA, 1952). By 1975, the federal government had lifted the
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employment ban on lesbians and gay men (in most jobs) (Garraty & Foner, 1991). Yet the US
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government continued to discriminate against LGB citizens. In 1993, in an response to vocal
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and negative advocacy about LGB persons serving in the military, President Clinton signed into
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law Don’t Ask Don’t Tell (DADT); placing LGB service members in jeopardy of dishonorable
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discharge from their military service due to their sexual orientation, (Stewart, 2010). In 1996,
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President Clinton signed into law the Defense of Marriage Act (DOMA), which allowed states to
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refuse to recognize same-sex marriages granted under the laws of other states; and the majority
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of US states followed suit. (Stewart, 2010; Bernstein, 2011). As of June 2013, 30 states have
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This policy statement refers (primarily) to LGB persons, as there is a separate Policy Statement focused on
Transgender and Gender Identity.
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their own constitutional DOMA provisions and seven others have statutory DOMA provisions.
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(National Conference of State Legislatures, 2013; Killian, 2010).
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The 2000’s have brought a range of legislative and policy changes that had a direct impact on
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LGB persons. In 2001, the creation of the White House Office of Faith-Based and Community
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Initiatives found the Bush Administration having to publicly address the concerns that funding
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recipients were provided exemptions to local and state anti-discrimination laws. This led to
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concerns that faith-based groups were denying equal access to services based on sexual
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orientation and gender identity. The Supreme Court ruling on June 26, 2003 (in Lawrence v.
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State of Texas) invalidated Texas sodomy laws, and by extension, invalidated sodomy laws in
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thirteen other states. The ruling made same-sex sexual activity legal in every U.S. state and
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territory. Later in 2003, the Massachusetts Supreme Court ruled that banning lesbians and gay
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men from marrying was a violation of the state’s constitution, opening the way for same-sex
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couples to legally marry in the state. The 2010’s has seen the momentum continue. In
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December of 2010, after years of public pressure, including from those in the military, the
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Obama administration signed the repeal of the “Don’t Ask, Don’t Tell” law (Advocate, 2012a).
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In 2011, the Obama Administration declared that they would no longer defend the federal
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DOMA in cases that were pending in the state and federal courts (HRW, 2011). In March of
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2013, the US Supreme court agreed to hear two cases that focus on marriage equality:
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California’s Proposition 8 (Hollingsworth v. Perry) which did not recognize same-sex marriage
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in California; and a broader case (based on DOMA) that addressed the denial of federal benefits
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and programs to same-sex couples (United States v. Windsor) (NASW, 2013). In June of 2013,
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the Supreme Court of the United States struck down the Defense of Marriage Act (DOMA) as
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unconstitutional, and ruled that the State of California must resume issuing marriage licenses to
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same-sex couples in that state. As of July 2013, there are 13 US States and Washington, D.C.
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that allow same-sex marriage; additionally, four (4) states allow civil unions, and 3 states allow
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some level of spousal rights to domestic partners (NCSL, 2013). While most of these states’ laws
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have been made by legislative or court action, popular vote has made same-sex marriage legal in
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3 states, and is an important milestone in the fight for LGB rights (HRW, 2012; HRC, 2013).
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Marriage equality increases access to the over 1,000 federal protections and responsibilities
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historically denied to gay, lesbian, bisexual and transgender families under DOMA. Yet it must
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be noted that same-sex couples cannot legally marry in most states and territories of the United
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States, creating uncertainty about the extent to which same-sex spouses will receive federal
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(marital-based) protections nationwide as is currently afforded opposite-sex spouses. The
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implementation of the marriage equity for same-sex couples has created a domino effect in
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related federal policy. For example, in June 2013, the Social Security Administration (SSA)
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published new rules that make it easier for the estimated 700,000 transgender Americans to
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update their Social Security records to reflect their gender designation.
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Despite changes in state and national legislation and public policy, heterosexism and
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discrimination persist. Lesbian, gay, bisexual (and transgender) people do not have the full civil
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and statutory protection under the law as defined in Title VII of the Civil Rights Act. (Herek &
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Berrill, 1992). The lesbian, gay, bisexual (and transgender) population continues to face
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discrimination related to many state and federal laws along with some religious exemptions
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within a number of laws and potential laws such as the Employment Non-Discrimination Act
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(ACLU, 2013).
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Internationally, other countries were also beginning to fight against discrimination of LGB
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people. In 1994, the United Nations ruled that discrimination based on sexual orientation violates
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the International Covenant on Civil and Political Rights. In 1996, post-apartheid South Africa
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became the first country to include nondiscrimination based on sexual orientation in its
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constitution. From 1981 to 2003, the European Court of Human Rights overturned sodomy,
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recognized gay and lesbian partnerships, condemned discriminatory age-of-consent laws (that is,
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differing age of consent to engage in sex for heterosexual versus LGB youths), and gave trans-
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gender people the right to legally change their identity and to marry (Human Rights Watch,
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2004). In 1998, Denmark legalized same-sex partnerships; within two years, Norway, Sweden,
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Iceland, and France followed.
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In 2001, the Netherlands legalized same-sex marriages, followed in 2003 by Belgium. Other
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countries have followed suit, predominately in Europe but two South American countries,
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Argentina and Paraguay, and one African country, South Africa, currently allow same-sex
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marriages with France and New Zealand being the most recent countries to legalize same-sex
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marriages. According to Gay Marriage ProCon (2013), currently there are 14 of 194 countries
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which allow same-sex marriage though there are other countries in which various states and
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provinces allow same-sex marriage. Yet violence, oppression, and persecution of sexual
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minorities throughout much of the international community continue (HRW, 2013). The United
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Nations continues to lead the way in advocating for the rights of the LGB population
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internationally. In 2012, the United Nations Human Rights/Office of the High Commissioner
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released, “Born Free and Equal: Sexual orientation and gender identity in Human Rights Law”.
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The document outlines five core legal obligations of UN member states in protecting the human
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rights of LGBT persons: 1) Prohibition discrimination based on sexual orientation and gender
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identity, 2) legal protections from homophobic and trans phobic violence, 3) prevention of
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torture and degrading treatment, 4) decriminalization of same-sex relationships, and 5) respect
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for and freedom of expression, association and assembly. In July 2013, the United Nations
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initiated a Global Public Education Campaign called “Free and Equal” based on the publication/
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(UNHR, 2013)
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Though strides are being made in political arenas in the U.S. and across the world, denial of
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rights and discriminatory practices remain in many institutions. There have been positive and
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affirming changes within many religious organizations, but many continue to discriminate
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against sexual minorities through policies which exclude the LGB population from full inclusion
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in community based organizations and spiritual life. Practices such as “Sexual Orientation
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Change/Conversion Efforts” (SOCE) and Reparative Therapy, while discredited by all
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professional mental health organizations, continue to be a form of therapeutic intervention used
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by a small but vocal group of practitioners. Emerging in practice in the early 1990s, researchers
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and mental health practitioners have noted that the therapy is most often unsuccessful and in
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many cases harmful. In 2012 the preeminent SOCE supporter and researcher, Robert Spitzer,
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noted flaws in his research, and formally retracted of his 2001 study that claimed gays could
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switch their sexual orientation. (Hein & Matthews, 2010; Advocate, 2012b) Despite the lack of
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scientific evidence as support, there are a number of advocates who claim success in their efforts
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at sexual orientation change.
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Population Affected
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It is estimated that 3.4 percent of U.S. adults, or approximately 8 million in 2010, identify as
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lesbians, gay men or bisexuals ((U.S. Census, 2011; Gates, & Newport, 2012). However, this
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estimated number of sexual minorities may not reflect the valid, total population. Sexual
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orientation continues to be stigmatized in U.S., resulting in those with same-sex attraction and/or
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behavior not identifying as part of the LGB community due to the societal stigma of minority
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sexual orientation and fear of ostracization (Gates, & Newport, 2012). Consequently, the exact
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number of LGB adults in the U.S. is unknown. The lesbian, gay and bisexual community in the
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U.S. is significant and, despite a shared minority sexual orientation, is heterogeneous.
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Sexual minorities are a diverse group of people often characterized by their same-sex attraction,
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sexual behavior, and/or identity as lesbians, gay men, bisexuals, and transgender. This
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population’s diversity is recognized across many demographic characteristics, including gender,
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age, income, and race/ethnicity. Sexual minorities are affected by social issues, including
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poverty, violence, health disparities and oppression that impact their wellbeing just as are other
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minority populations. In a study of poverty among lesbians, gay men and bisexuals, researcher
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found that lesbians and bisexual women were more likely to be poor than heterosexual women,
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while men have similar economic status regardless of sexual orientation (Albelda, Badgett,
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Schneebaum & Gates, 2009). Violence, such as hate crimes, suicide and bullying, are other
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social issues that adversely impact lesbians, gay and bisexuals adults and youth. Hate crimes
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based on sexual orientation has increased over time. In 2003, the FBI reported 16 percent of all
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hate crimes were due to sexual orientation bias; in 2011, that number is at almost 21 percent.
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(FBI, 2012). Research suggests that harassment of LGB people is related to higher rates of
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depression, suicide, high school dropout, and teen homelessness (CDC, 2013).
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Research has repeatedly shown that sexual minority youth report higher rates of sexual, verbal
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and physical assault than heterosexual youth. LGB youth, who experience violence at school,
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are more likely to have more absences than their heterosexual peers and experience adverse
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educational and health outcomes that persist into adulthood (CAP, 2010). These health
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disparities are exemplified in psychiatric and medical conditions in youth and adults, with the
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overall stressors experienced by LGB youth resulting in a greater risk for mental health
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problems, substance use, and physical health problems (CDC, 2013).
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LGB youth and adults appear to be disproportionately diagnosed with depression and substance
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abuse than heterosexual youth and adults, respectively (Institute of Medicine, 2011). LGB
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persons also appear to be disproportionately affected by certain types of cancer, such as lung,
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breast and cervical, as compared to heterosexuals (Brown & Tracy, 2008). The prejudice and
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discrimination experienced by sexual minorities may be further compounded by the impact of
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discrimination due to other (multiple) Identities (e.g., race, ethnicity, age, gender). For example,
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older LGB adults are at an increased risk to experience depression, social isolation and elder
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abuse due to prejudice and discrimination based on their sexual minority status (National Gay
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and Lesbian Task Force, 2010).
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Lesbian, gay, and bisexual persons are also members of families. Yet unequal access to family
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planning (e.g., adoption, foster parenting, reproductive health services) due to policies and laws,
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not only diminish these relationships, but result in fewer resources and increased poverty level
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for many LGB(T) families. For example LGB parents cannot adopt jointly in the majority of the
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United States (Family Equity Council (FEC), 2011) More than 30 years of rigorous social
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science research shows that children raised by LGBT parents are just as happy and their peers in
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non-LGB families.
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Sexual orientation stigma, prejudice, discrimination and other elements that support a
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heterosexist system of oppression in the United States are the leading explanatory factors for the
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social issues that affect the LGB population (Institute of Medicine, 2011).
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Despite the successes of the equal rights movement, there continues to be discrimination against
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LGB(T) people. Thirty-five states do not equally protect all persons from discrimination in
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employment, education, credit, housing, and other public accommodations. Voters in United
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States continue to pass state – level constitutional amendments that prohibit same-sex marriage,
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and multiple states do not allow lesbians or gay men to adopt, or foster children. State laws
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continue to prohibit any discussion of homosexuality in school or “mandate that any references
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to homosexuality be exclusively negative”.
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The federal government has also failed to support nondiscrimination against LGB(T) people.
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The 1994 Employment Non-Discrimination Act (ENDA), which would protect LGB(T) people
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from workplace discrimination, has failed to pass Congress. The LGB community represent all
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of the diversity of our society— people of color, people with disabilities, older adults,
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immigrants, refugees, and people of all religious and political beliefs. The complexities of mul-
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tiple forms of oppression cannot be ignored. The collective impact of discrimination,
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homophobia, and heterosexism has had a serious impact on LGB people. Homophobia and het-
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erosexism has created ineffective and inappropriate service delivery for sexual minority people.
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Reflected in laws and policies that devalue individuals and families, homophobia and/or
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heterosexism work to reduce the effectiveness of services and programming for all clients.
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Taken to the extreme, a practitioner’s ignorance and/or disregard for LGB persons can lead to the
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use of Sexual Orientation Change/Conversion Efforts (SOCE) and/or Reparative Therapy;
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practices explicitly condemned by NASW, the American Psychological Association, the
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American Counseling Association, and the American Psychiatric Association (Just the Facts
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Coalition, 2008; NASW, 2000).
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Understanding the history of the LGB communities, the impact of discrimination, stigma, and
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laws and policies on individuals, families, and communities, are critical component to ensuring
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culturally competent social work practice. As noted in the NASW code of ethics, “the primary
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mission of the social work profession is to enhance human wellbeing and help meet the basic
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human needs of all people, with particular attention to the needs and empowerment of people
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who are vulnerable, oppressed, and living in poverty.” Social workers are expected to
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“challenge social injustice” and “respect the inherent dignity and worth of the person (NASW,
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2008).
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It is the position of the NASW that same-gender sexual orientation should be afforded the same
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respect and rights as other-gender orientation. Discrimination and prejudice directed against any
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group is damaging to the social, emotional, and economic well-being of the affected group and
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of society as a whole.
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POLICY STATEMENT
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NASW is committed to advancing policies and practices that will improve the status and well-
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being of all lesbian, gay, and bisexual people. NASW reaffirms its support of the Transgender
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and Gender Identity Issues policy statement, recognizing the intersection of oppression among
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lesbian, gay, bisexual, transgender, and intersex people. NASW has a separate policy statement
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on transgender and gender identity issues, and therefore, this policy primarily addresses lesbian,
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gay, and bisexual people (LGB).
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It must be noted Lesbian, Gay, Bisexual, and Transgender persons can share a similar history,
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identify with similar communities and cultural identities; and may have multiple identities based
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on sexual orientation and gender identify. Therefore, the impact of stigma, discrimination, and
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inequality outlined in this policy statement, and the proposed policy statements, are equally
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relevant to LGBT persons and their families. It is essential that NASW take a strong stance on
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behalf of all LGBT people and work to end the prejudice, oppression, and discrimination
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experienced on a daily basis.
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NASW as an organization, the social work profession, approaches practice from a strengths
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based and holistic perspective. NASW and social workers worldwide must continue to work
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with faith based organizations, community based organizations (including faith based
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organizations), public and private sector agencies, businesses and governments to end
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discrimination and exclusion of sexual minorities across the spectrum of daily living.
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Nondiscrimination and Equality
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 NASW supports all social agencies, universities, professional associations, and funding
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organizations in their efforts to broaden statements of nondiscrimination to include sexual
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orientation and gender identity.
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 NASW supports the adoption of local, state, federal, and international policies/legislation
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that ban all forms of discrimination based on sexual orientation and gender identity. LGB
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people must be granted all rights, privileges, and responsibilities that are granted to
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heterosexual people, including but not limited to inheritance rights, insurance, marriage,
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child custody and visitation, employment, credit, housing and immigration.
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 NASW supports the adoption of local, state, federal, and international policies/legislation
that protect the rights and well-being of the children of lesbian, gay, and bisexual people.
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 NASW supports efforts to end discrimination and harassment of lesbian, gay, and bisexual
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youths in public schools. NASW also supports the rights of LGB youths and allies to
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organize and operate in schools.
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 NASW will promote LGBT human rights and support advocates and civil society groups
in the US and globally through programmatic and financial assistance.
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Professional and Continuing Education
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NASW encourages curriculum policies in schools of social work that eliminate discrimi-
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nation against lesbian, gay, and bisexual people. Schools of social work are expected to
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articulate the NASW position in curriculum policy and standards; to require content on
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lesbian, gay, and bisexual people throughout the curriculum, in field instruction, and in
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continuing education programs and through the selection of textbooks; and to provide
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training for classroom instructors, field supervisors, and field advisers regarding lesbian,
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gay, and bisexual issues.
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NASW encourages social workers to increase their awareness of oppression, heterosexism, homophobia, and the intersection of multiple forms of oppression.
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NASW encourages licensing bodies to include questions specific to lesbian, gay, and
bisexual sex issues.
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NASW supports school-based programming that addresses and stops anti-gay bullying,
violence, and other forms of discrimination.
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NASW strives for full representation and establishment of means to affirm the presence
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of lesbian, gay, and bisexual people at all levels of leadership and employment in social
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work and in NASW and its chapters.
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NASW does not condone nor support the use of SOCE or so-called Reparative Therapies
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by any person identifying as a social worker or any agency that identifies as providing
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social work services. Public dollars should not be utilized for programs that support
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SOCE.
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NASW supports the expansion of the Employment Non-Discrimination Act (ENDA) to
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include perceived or actual gender identity or sexual orientation to provide equal
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protections for LGBT people from discrimination in employment, education, credit,
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housing, and other public accommodation
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Education and Public Awareness
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NASW encourages the development of programs, training, and information regarding the
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specific health, mental health, and development needs of lesbian, gay, and bisexual
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youths and their families.
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NASW encourages the development of programs to increase public awareness of the
violence and social injustice experienced by lesbian, gay, and bisexual people.
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NASW encourages the development of programs, training, and information that promote
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proactive efforts to end the violence and stereotypes perpetrated against lesbian, gay, and
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bisexual people.
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NASW applauds and supports organizations that fund, develop, and provide
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programming that portrays the lesbian, gay, and bisexual communities compassionately
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and accurately.
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Health and Mental Health Services
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NASW supports the right of the individual to self-disclose, or to not disclose, sexual
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orientation and encourages the development of supportive practice environments for
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lesbian, gay, and bisexual clients and colleagues.
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NASW reaffirms its stance against reparative therapies and treatments designed to
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change sexual orientation or to refer clients to practitioners or programs that claim to do
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so (NASW, 2000).
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NASW strongly advocates for the availability of culturally appropriate comprehensive
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health and mental health services for LGB people across the life span, including HIV
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prevention and treatment; substance abuse treatment; psychological stress and
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dysfunction prevention and treatment; and suicide prevention.
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NASW calls for expanded resources to help federally funded community health centers
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(CHCs) provide improved care for LGBT clients, including culturally competent training
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for health and mental health providers;
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NASW recognizes the increasing number of lesbian, gay, and bisexual people who are
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making reproductive choices and encourages the establishment of legal, medical, and
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psychological supports for these families.
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Federal agencies must work to combat criminalization of LGBT status, including
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protecting vulnerable LGBT refugees and asylum seekers both in the United States and
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globally.
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Political Action and Advocacy
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NASW encourages all social workers to develop and participate in coalition with other human
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rights, social action, and professional associations to lobby for the rights of lesbian, gay, bisexual
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and transgender people; and to defeat efforts to limit the rights of LGBT persons.
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and antigay violence.
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NASW advocates for increased funding for programs designed to eliminate hate crimes
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NASW advocates for expanded federal law that legalizes and recognizes marriage of
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same-sex couples and provide pathways to immigration and citizenship to bi-national
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same-sex families that are equal to opposite – sex couples.
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health and mental health services.
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NASW supports the legal recognition of LGBT Families through comprehensive parental
recognition laws at the state level to fully protect children in LGBT families.
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NASW advocates for increased funding for programs designed to provide education,
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NASW calls upon the United States and our global social work allies to fund and
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implement changes necessary to meet the core obligations of state with respect to
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protecting the human rights of LGBT persons.
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Research
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issues affecting lesbian, gay, bisexual, and transgender people.
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NASW advocates for increased funding for research that increases our understanding of
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NASW supports expanded funding for research to build a more solid evidence base for
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LGBT health concerns will not only benefit LGBT individuals, but also add to the
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repository of health information we have that pertains to all people.
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Ensure culturally appropriate comprehensive health and mental health services for LGB
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people across the life span, including HIV prevention and treatment; substance abuse
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treatment; psychological stress prevention and treatment; and suicide prevention.
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REFERENCES
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Advocate. (2012a). 45 Years of History. Advocate, [online] http://www.advocate.com/arts-
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entertainment/advocate-45/2012/08/21/45-years-stirring-pot
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Advocate. (2012b). Researcher Robert Spitzer Retraction. [online]
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http://www.advocate.com/health/2012/05/30/researcher-robert-spitzer-puts-his-apology-gay-
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people-video
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Albelda, R., Lee Badgett, M. V., Schneebaum, A., & Gates, G. J. (2009). Poverty in the lesbian,
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gay, and bisexual community. Retrieved from The Williams Institute website:
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http://williamsinstitute.law.ucla.edu/research/census-lgbt-demographics-studies/poverty-in-
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Bernstein, M. (2011). United States: Multi-Institutional Politics, Social Movements and the
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Human Rights Watch. (2004). Lesbian and gay rights: Resource library for international
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jurisprudence on sexual orientation and gender identity. Retrieved March 25, 2005, from
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Institute of Medicine (IOM) (2011). The health of lesbian, gay, bisexual, and transgender people:
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