Government Information: LGBTQ History in Government Documents

Supreme Court ruled that 1964 Civil Rights Act barring sex discrimination in the workplace protects LGBTQ employees from being fired because of their sexual orientation.

Supreme Court ruled in favor of a baker who refused to bake a wedding cake for a same sex couple because of a religious objection.

Department of Justice proposes to stop asking 16- and 17-year-olds to disclose sexual orientation and gender identity on the National Crime Victimization Survey (NCVS).

The resource was also removed from a list on the Office on Women's Health (OWH) fact sheets page. A pdf file with similar content is live as of June 2018 but is not linked from the OWH website, making it generally inaccessible.

Census Bureau planned to remove question about sexual orientation from the Census Barriers, Attitudes and Motivators Survey (CBAMS) survey, which helps gauge why “hard to count” populations don’t respond to the census. Dropped the plan after resistance from Census advisors.

Clarifies that currently-serving transgender personnel can continue serving while DoD develops a study and implementation plan.

Draft of proposed questions for Census 2020 included questions about sexual orientation and gender identity; a revised draft was issued later the same day, omitting those questions.

Department of Health and Human Services notice seeking comments on data collection for the National Survey of Older Americans Act Participants. Notice indicates there are no changes to previous survey, but the new draft excludes question about sexual orientation and gender identity asked in previous three years. Sexual orientation question eventually restored; gender identity question was not.

Withdrew guidance to schools outlined in the 2016 Dear Colleague Letter on Transgender Students.

Secretary of State John Kerry issues formal apology for the Cold War-era persecution of gay State Department and Foreign Service officers.

Springate, Megan E. (Ed.). LGBTQ America: A Theme Study of Lesbian, Gay, Bisexual, Transgender, and Queer History. Washington, D.C.: National Park Foundation, 2016.

Congressional Research Service. CRS-2015-AML-0417, October 29, 2015.

Summarizes The First Amendment Defense Act ("to prohibit the Federal Government from taking any discriminatory action against individuals or entities based on their religious or moral objection to same-sex marriage or extramarital sexual relationships") and the Equality Act ("to amend Federal civil rights laws to prohibit discrimination on the basis of sex, gender identity, and sexual orientation")

U.S. Equal Employment Opportunity Commission. Fact Sheet: Recent EEOC Litigation Regarding Title VII & LGBT-Related Discrimination (2016, July 8)

Struck down Defense of Marriage Act

Memorandum on International Initiatives To Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons. (December 6, 2011.). Public Papers of the Presidents: Barack Obama (Book 2 ), p. 1524.

U.S. House. Committee on Small Business. Don't Ask, Don't Tell Repeal Act of 2010. H.R. 2965. 111th Congress, 2nd Session.

U.S. Senate. Committee on Armed Services.The Report of the Department of Defense Working Group That Conducted a Comprehensive Review of the Issues Associated with a Repeal of Section 654 of Title 10, U.S.C., "Policy Concerning Homosexuality in the Armed Forces". S. Hrg. 111-899. 111th Congress, 2nd Session.

Proclamation 8387 - Lesbian, Gay, Bisexual, and Transgender Pride Month, 2009. (June 1, 2009.) Compilation of Presidential Documents, DCPD-200900419

Public Law 111-84 [H.R. 2647], October 28, 2009 (Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act attached)

U.S. Senate. Select Committee on Ethics. Public Letter of Admonition. (February 13, 2008).

Lawrence v. Texas, 539 U. S. 558 (2003)

Struck down sodomy laws

Held that right to free association allows organization to exclude LGBT

Proclamation 7203 – Gay and Lesbian Pride Month, 1999.  (June 11, 1999). Public Papers of the Presidents: William J. Clinton, p. 1089.

Struck down Colorado Amendment 2 and set the stage for Lawrence v. Texas and later cases

Public Law 104-199 [H.R. 3396], September 21, 1996

Defined marriage as between one woman/one man and allowed states to not recognize same-sex marriages from other states

Congressional Record: Proceedings and Debates of the 103^rd Congress, Second Session. Vol. 140 pt. 12. July 25, 1994, p. 17792.

First of a series of CRS reports discussing the proposed Employment Non-Discrimination Act (ENDA)

U. S. Department of Defense. (1993, December 21). Department of Defense Directive 1304.26.

Implements Don't Ask, Don't Tell via Section E1.2.8 - Provisions Related to Homosexual Conduct

Exchange with Reporters Aboard Air Force One. (June 6, 1991). Public Papers of the Presidents: George H.W. Bush (Book 1), p. 618.

101 P.L. 649; 104 Stat. 4978; 1990 Enacted S. 358; 101 Enacted S. 358, November 29, 1990

Removed homosexuality as grounds for exclusion from immigration to the U.S.

U. S. Census Bureau. (2013, August). Frequently Asked Questions About Same -Sex Couple Households.

101 P.L. 336; 104 Stat. 327; 1990 Enacted S. 933; 101 Enacted S. 933, July 26, 1990

  Specified that the term "disabled" or "disability" shall not apply to transvestites.

U.S. House. Committee on Standards of Conduct. In the Matter of Representative Barney Frank. H. rpt. 101-610. 101^st Congress, Second Session.

Frank was outed during investigation into affair with a male prostitute

Congressional Record: Proceedings and Debates of the 101st Congress, Second Session. Extension of Remarks. March 1, 1990, p.E482.

U.S. Department of Health and Human Services. Centers for Disease Control. Understanding AIDS: A Message from the Surgeon General.

Bauerlein, M. and Granthan, E. (Eds.). National Endowment for the Arts: A History, 1965-2008. Washington, D.C.: National Endowment for the Arts, 2009.

Example of the NEH culture/funding wars of the 1980s-1990s

Remarks at the American Foundation for AIDS Research Awards Dinner, May 31, 1987. Public Papers of the Presidents: Ronald Reagan (1987, Book 1).

 Upheld constitutionality of sodomy laws

U.S. House. Committee on Standards of Conduct. In the Matter of Representative Gerry E. Studds. H. rpt. 98-295. 98^th Congress, First Session.

Studds was outed during investigation into the Congressional page scandal

U. S. Department of Health and Human Services. (2016). A Timeline of HIV/AIDS.

Equal Rights Amendment Remarks at a White House Briefing, May 15, 1980. Public Papers of the Presidents: Jimmy Carter (1980, Book 1), p. 921.

Sacramento, CA - Remarks at a “Get Out the Vote” Rally, Nov. 3, 1978. Public Papers of the Presidents: Jimmy Carter (1978, Book 2), p. 1949.

The failed Proposition 6 would have banned gays and lesbians from working in California's public schools.

Remarks and a Question-and-Answer Session at a Republican Party Reception in San Antonio, April 9, 1976. Public Papers of the Presidents: Gerald R. Ford (1976, Book 2), p. 1031.

1975 H.R. 166; 94 H.R. 166, introduced January 14, 1975

To prohibit discrimination on the basis of affectional or sexual preference, and for other purposes

Special Message to the Congress on Crime, June 19, 1975. Public Papers of the Presidents: Gerald R. Ford (1975, Book 1).

Congressional Research Service. CRS-1975-EPW-0055, June 10,1975.

Presents pro and con arguments for legalizing or decriminalizing certain victimless crimes, including consensual adult homosexuality

To prohibit discrimination on the basis of sex, marital status, and sexual orientation, and for other purposes

Held that civil servant can not be fired solely on basis of homosexuality

Loving v. Virginia, 388 U. S. 1 (1967)  

Invalidated laws prohibiting interracial marriage

Boutilier v. INS, 387 U.S. 118 (1967)

A Quantity of Copies of Books v. Kansas, 388 U.S. 452 (1967) (per curiam)

Held that magazines consisting of photographs of nude male models are not obscene

Petition for Writ of Certiorari - Number 676 - Kameny v. Brucker. In Records of the Supreme Court of the United States, 1772-2007.

First SCOTUS case dealing with homosexuality; held for right to free speech

U.S. House. Investigation of Communist Activities in the State of California. Part 6: Hearing Before the Committee on Un-American Activities. 83rd Congress, Second Session, April 20, 1954.

18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936

First inclusion of “sexual perversion” as basis for removal from federal employment

Sweeney v. Woodall, 344 U. S. 86 (1952)

U.S. Congress. Joint Committee on Atomic Energy. Executive Session. Secret. JCAE document number CCLXXXVIII (Unpublished hearing), February 8, 1951.

Employment termination of Oak Ridge National Laboratory personnel director due to homosexual conduct

U.S. Senate. S.Doc. 241. 81st Congress, 2nd Session, 1950.

U.S. Senate. Committee on Expenditures in the Executive Departments. S. rpt. 1746. 81st Congress, Second Session, 1950.

U.S. Senate. Committee on Appropriations for the District of Columbia. S. print 4179. 81st Congress, Second Session, 1950.

Congressional Record: Proceedings and Debates of the 79th Congress, First Session. Vol. 91 pt. 10. February 20, 1945, p. A741.

Cain v. Universal Pictures Co., Inc., 47 F. Supp. 1013 (S.D. Cal. 1942)

Congressional Record: Proceedings and Debates of the 69th Congress, Second Session. Vol. 68 pt. 3. February 8, 1927, p. 3267

Congressional Record: Proceedings and Debates of the 69th Congress, Second Session. Vol. 68 pt. 2. January 19, 1927, p. 1943.

U.S. Department of Labor. Bureau of Immigration. Immigration Laws (Act of February 5, 1917): Rules of May 1, 1917. Washington: Government Printing Office, 1917.

Used to exclude homosexuals from immigration to U.S. based on their status as “persons of constitutional psychopathic inferiority”

Discussion of We'Wha, a Zuni man who dressed and lived as a woman in her tribe.

U.S. Department of State. Pan-American Medical Congress. Transactions of the first Pan-American Medical Congress, held in the City of Washington, D. C., U. S. A., September 5, 6, 7, and 8, A. D. 1893.  Serial Set 3162-2 S.exdoc.36.  53rd Congress, 2nd Session.

Native American words for "sodomy"

U.S. Department of the Interior. Census Office. [Census Reports] Tenth Census, v. 21 (June 1, 1880). 1988.

Prisoners for buggery, sodomy, etc by state

Committee to Investigate Chinese Immigration, Special. Joint. Report of the Joint Special Committee to Investigate Chinese Immigration. Serial Set 1734 S.rp.689. 44th Congress, 2nd session.

Racism and sodomy

17 Stat. 598

Suppression of trade in and circulation of obscene material

S.exdoc.69. 30th Congress, first session

Sodomy conviction and punishment in the Navy

Laws passed by the Legislature of Florida. Message from the President of the United States, transmitting laws passed by the Governor and Legislative Council of Florida

U.S. House of Representatives. Serial Set 420, Session 3, H.Doc. 72. 27th Congress, Third Session. January 19, 1843.

Sodomy and buggery laws

Laws for the District of Columbia

U.S. House. Committee on the District of Columbia. Laws for the District of Columbia. Serial Set 200, H.rpt.269.  21st Congress, 1st session.

Sodomy and buggery laws