Throughout U.S. history, LGBTQ+ activists have used their First Amendment rights to advocate for their cause. These freedoms — particularly speech, press, assembly, and petition — have helped LGBTQ+ leaders push for awareness and laws to protect their communities such as the 2015 U.S. Supreme Court case protecting gay marriage; state and federal laws prohibiting discrimination on the basis of sexual orientation and gender identity in workplaces and in health care; and others.
These activists have made an impact by using their rights to speak out and take action.
James Baldwin (1924-1987) | Writer and civil rights activist
James Baldwin was a writer and civil rights activist who wrote books, like “Go Tell It on the Mountain” and “Giovanni’s Room,” that talked about race and sexuality. He commented on and critiqued other writers of the day, including his mentor, Richard Wright, for what Baldwin claimed were “dangerous stereotypes” of Black people in Wright’s work, particularly his novel “Native Son.”
Baldwin gave powerful speeches at colleges and on TV against racism and homophobia, and he spent decades living and traveling outside the U.S. to escape the discrimination he faced there. During visits to the U.S., he participated in Civil Rights Movement protests like the 1963 March on Washington. He also published essays and interviewed other activists, using his freedoms of speech and the press to share his perspective as a gay Black man. As a teen, he was a preacher, and he later spoke and wrote about his complex thoughts on religion.
RuPaul Charles (1960- ) | Drag performer, TV personality and writer
RuPaul, a well-known drag performer and, since 2009, host of the Emmy Award-winning drag competition show “RuPaul’s Drag Race,” has used his freedoms of speech, assembly, and petition to support free expression and LGBTQ+ rights. Through TV, music, and interviews, he encourages people to be themselves and get involved in activism. He also petitions for voting rights and legal protections for drag performers. He previously hosted a talk show — among the first by an out gay Black man — and led a cosmetics campaign benefiting HIV/AIDS research. He is the first drag queen on the Hollywood Walk of Fame.
Nico Craig (2002- ) | Transgender musician and activist
In addition to being an “America’s Got Talent” finalist, a DJ, and hip-hop producer whose debut album was released just days before his high school graduation, Nico Craig is a transgender activist who documented his gender journey on social media.
As a middle school student, he earned his city’s American Citizenship award for creating the school’s first LGBTQ+ student organization, practicing freedom of assembly to support other LGBTQ+ youth.
Later, Craig became a Human Rights Campaign resident DJ and Youth Ambassador. He petitioned in support of the Equality Act and has been a guest at London’s Trans+ Pride Parade and at events by the American Federation of Teachers and the National Education Association LGBTQ+ Caucus to raise awareness around anti-LGBTQ+ discrimination and advocate for nondiscrimination efforts.
Giiwedin (2002- )| Two-spirit Anishinaabe activist and creator
Giiwedin is a creator who shares their videos with more than 200,000 social media followers. Their content educates people about Indigenous issues, including what it means to be two-spirit, the history of queer people in Native culture, and queer acceptance.
Through their online platforms, they exercise freedom of speech to speak out and advocate for Indigenous and environmental rights and against online hate and harassment.
In addition to posting about Native language and culture and protesting for the protection of the environment and Native lands, Giiwedin shares information about how to become involved in and support intersectional grassroots causes, like mutual aid.
They were named to the GLAAD 20 under 20 list in 2022.
Marsha P. Johnson (1945-1992) | Drag performer and advocate for homeless LGBTQ+ youth
Marsha P. Johnson was a key leader in the LGBTQ+ rights movement in New York City. As a transgender activist and drag performer, she spoke, assembled, and petitioned for gay rights — from the 1969 Stonewall uprising after the police raid of the Stonewall Inn gay bar, an event that spurred the gay rights movement, to HIV/AIDS activism in the late 1980s. Johnson co-founded the advocacy and services group STAR with Sylvia Rivera to help homeless transgender youth. She protested, held sit-ins and drag performances, and organized other activists until her death in 1992.
Billie Jean King (1943- ) | Tennis star and equal pay advocate
Tennis star Billie Jean King is a former No. 1 women’s tennis player and one of the first major athletes to fight for gender equality. She has spoken out about equal pay for women in sports and LGBTQ+ visibility. King has exercised her freedoms of speech and assembly to advocate for fair treatment and better pay for all athletes in tennis. She is a founder of the Women’s Tennis Association and the Women’s Sports Foundation.
In 1972, she was named the first woman to receive Sports Illustrated’s Sportsperson of the Year award, and in 1973, she beat Bobby Riggs, who had called women’s tennis inferior to men’s, in a match known as the “Battle of the Sexes.” When news broke in 1981 that she is gay, she lost her endorsement deals, but her advocacy for gender and LGBTQ+ equality continued. In 2009, she earned the Presidential Medal of Freedom.
Rachel Levine (1957- ) | Pediatrician, federal health official and advocate for LGBTQ+ health
Rachel Levine is the first out transgender federal official confirmed by the U.S. Senate, sworn in as assistant secretary for health in 2021. That same year, she also became the first out transgender four-star service member in the U.S. armed forces as part of the U.S. Public Health Service Commissioned Corps.
As a doctor and health advocate, she speaks out about health care issues affecting LGBTQ+ people. She petitions for health policies that support access to medical care, particularly for LGBTQ+ people and youth. Previously she worked at a Pennsylvania medical center, where she advocated successfully to include gender identity and expression in company nondiscrimination policies. She also campaigned for candidates who supported LGBTQ+ policy positions.
Sarah McBride (1990- ) | LGBTQ+ advocate in Congress
Sarah McBride made history in November 2024 as the first out transgender member of the U.S. Congress. She was previously the first out transgender person to be a state senator, a White House intern, and a major political convention speaker. She also worked with the Obama administration to support antidiscrimination laws. As a student, she was active in student government and LGBTQ+ advocacy. As a congressperson, she has focused on issues including health, family leave, and wages, using the press and public speeches to spread her message.
Harvey Milk (1930-1978) | LGBTQ+ rights activist in San Francisco city government
Before he was elected, he gave speeches, assembled, and petitioned to pass laws to protect LGBTQ+ people. Milk exercised freedom of assembly to work with labor organizers, including organizing a boycott of Coors for policies that unions did not support.
He ran for office unsuccessfully twice before winning election in 1977. Once in office, he authored an antidiscrimination law in San Francisco and played an instrumental role in the fight against a California law to ban out gay teachers from working in public schools. Milk was assassinated on Nov. 27, 1978, along with San Francisco’s mayor, by former city supervisor Dan White. The motives behind the assassinations remain obscure to this day.
Jim Obergefell (1966- ) | Supreme Court petitioner for marriage equality
Jim Obergefell is most known for his petition for marriage equality. He and his longtime partner, John Arthur, who was terminally ill, went to court to have their marriage legally recognized nationwide. His case reached the Supreme Court and led to the 2015 Obergefell v. Hodges decision, which declared same-sex marriage legal across the U.S.
Though Arthur died before the Supreme Court decision, Obergefell continued his petition and remains an advocate who speaks out for LGBTQ+ rights. His story shows how using the First Amendment right to petition the government can lead to change.
Sylvia Rivera (1951-2002) | Activist for LGBTQ+ and racial equality
Sylvia Rivera was a transgender Latina activist who advocated for LGBTQ+ rights starting at age 18. Rivera protested the 1969 police raid on the Stonewall Inn, a gay bar in New York City. In 1973, she gave a famous speech at the Christopher Street Liberation Day rally, calling for the LGBTQ+ community to be more inclusive of transgender people.
As a co-founder of STAR, a service and advocacy group, she used the freedom of assembly to help people of color and low-income people in the LGBTQ+ community. She used petitions and protests to push for equal rights until her death, including successfully advocating for transgender inclusion in a New York nondiscrimination law in 2002.
We’wha (1849-1896) | Zuni two-spirit crafter and advocate
We’wha was a two-spirit leader born in 1849 to the Zuni tribe. In many Indigenous cultures, two-spirit people have long been recognized as falling outside of an understanding of gender as either women or men. Two-spirit people may be transgender, nonbinary, or gender-fluid and are often seen as spiritual leaders.
We’wha was a craftsperson and cultural ambassador who worked to represent Indigenous and LGBTQ+ people. In the 1880s, they traveled to Washington, D.C., to advocate for Zuni traditions and culture. We’wha even met with President Grover Cleveland to petition the government to protect Indigenous customs. Although government policies continued to encourage assimilation and the loss of tribal cultures, We’wha’s activism helped raise awareness about Native and LGBTQ+ identities.
The First Amendment protects freedoms for LGBTQ+ activists and for all
As members of a diverse community, these LGBTQ+ activists and many others have long used their First Amendment rights to advocate for their causes.
Whether through protests, speeches, petitions, or writing, these community leaders have worked to create change for LGBTQ+ people in America. Using their First Amendment freedoms did not always immediately achieve their advocacy goals, but over time, they often generated consideration for new or different viewpoints.
People who use First Amendment freedoms may have different approaches, messages, and goals, but the First Amendment protects the right of all people to advocate for their beliefs. The activism of these LGBTQ+ leaders continues to inspire others to use their First Amendment rights to pursue causes they care about.
About the author: Karen Hansen is a content writer at Freedom Forum.
This article was published by the Freedom Forum.
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