LGBTQ+ rights in the US – what legal divergence means for duty of care

As of mid-2025, the United States legal framework for LGBTQ+ rights is no longer cohesive. Federal protections are being dismantled, while state-level policies are pulling in opposite directions. This divergence is creating operational, reputational and duty-of-care risks for organisations with staff, travellers or operations in the country. 

The most significant shift came in January with Executive Order 14168. It removed federal recognition of transgender identities, enforced binary sex classifications across all federal systems, and restricted access to gender-affirming care through federal programmes. It also affected immigration and travel, with transgender and intersex individuals facing increased scrutiny due to mismatched documentation. Thus travel to the United States requires more planning and documentation for both domestic, international and transit travel. This is not a symbolic change – it alters how people are processed, treated and protected across federal systems. 

At the same time, a federal rule protecting LGBTQ+ students from discrimination was blocked in 26 states. These states argue the rule infringes on religious and personal freedoms. The result is a legal patchwork where protections vary widely depending on location. In some states, LGBTQ+ individuals are supported by inclusive laws and services. In others, they face active legal barriers and reduced institutional support. 

Since 2024, states like Florida, Idaho and Tennessee have banned gender-affirming care for minors, restricted legal gender changes, and removed recognition of non-binary identities. Some have also passed laws allowing educators to disregard students’ preferred pronouns and prohibiting public funding for LGBTQ+ support services. These measures are not isolated – they are part of a coordinated legislative trend. 

Public sentiment is also shifting. A March 2025 poll by the Public Religion Research Institute showed the first drop in support for LGBTQ+ protections since 2015. While support for same-sex marriage remains relatively high at 67%, support for anti-discrimination laws in employment and housing has declined. This trend is likely to influence future legislation and increase polarisation. 

The security environment is also deteriorating. The Human Rights Campaign recorded at least 27 fatal attacks on transgender individuals in 2024. These incidents were not concentrated in any one region, suggesting a national-level threat. Hostile rhetoric, legal rollbacks and weaker institutional protections are contributing to a heightened sense of vulnerability. Online harassment and the activity of extremist groups are also on the rise. 

Travel within the United States now carries additional risks. Transgender travellers may face delays or questioning at immigration checkpoints. Access to gender-affirming healthcare is limited or unavailable in some states. Travellers are advised to prepare documentation in advance, identify supportive providers, and avoid jurisdictions with restrictive laws. 

What risk managers should do now 

Looking ahead, the US is likely to remain changeable. Some states will continue to expand protections, while others escalate restrictions. Federal executive orders – particularly those enforcing binary sex definitions – will constrain both paths. The legal and social climate will remain volatile, with implications for healthcare access, legal recognition and personal safety. 

Recommended actions: 

• Issue pre-travel advisories that reflect real-world risks 
  Go beyond legal status. Include local sentiment, perception risks and practical guidance tailored to how travellers may be seen. 

• Review internal policies and procedures 
  Make sure policies explicitly protect LGBTQ+ staff. Update them regularly and communicate clearly.  

• Establish clear crisis plans 
  Brief staff on escalation procedures and emergency contacts before deployment. Ensure 24/7 support is available and accessible. 

• Clarify legal protections and consular support 
  Before deployment, check what help embassies or consulates can offer. Make sure staff know how to access support if detained, threatened or harassed. 

• Use check-ins and tech wisely 
  Schedule routine updates. Enable ad-hoc reporting. Monitor for non-response. Use travel-tracking tools with opt-out options to protect privacy. 

For tailored guidance on how these developments affect your organisation, contact our Global Security Operations Centre. The full advisory – covering all regions – is available to download.