LGBTQ+ Resources
Know Your Rights
LGBTQ+ legal protections vary significantly by state: and the landscape is changing. This page covers your federal rights, links to state-by-state policy profiles for all 13 states where I offer telehealth, and connects you to legal resources if you need them.
Telehealth is governed by the state where you are located, regardless of where your therapist is. If you are in a state with active restrictions and your therapist practices from Illinois, you are still in a restriction state for purposes of what care can be provided. The law that applies is the law of the state where you are physically located during the session.
Not legal advice. This page provides general information only. Laws change frequently. For advice about your specific situation, consult a licensed attorney. Lambda Legal and the ACLU offer free legal help for LGBTQ+ people.
Federal protections
These protections apply in all 50 states, regardless of state law. They are a floor: many states provide additional protections.
The Supreme Court ruled that Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation and gender identity. This holding is stable, but agency enforcement posture has shifted with changes in administration: the EEOC's current guidance reflects the current administration's priorities. File complaints with the EEOC.
Prohibits discrimination in healthcare programs receiving federal funding on the basis of sex, including gender identity and sexual orientation. File complaints with HHS Office for Civil Rights.
HUD has interpreted the Fair Housing Act to prohibit discrimination based on sexual orientation and gender identity in federally assisted housing.
Federal courts and the Department of Education have interpreted Title IX to protect students from discrimination based on gender identity and sexual orientation. The scope of this interpretation is subject to ongoing litigation and has shifted with changes in administration: check the Department of Education's Office for Civil Rights for current guidance.
Your medical records, including mental health records and gender-affirming care, are protected by HIPAA. Providers cannot share your information without consent, with limited exceptions.
The Supreme Court held, in an opinion by Justice Gorsuch joined by seven other Justices, that Colorado's conversion therapy ban as applied to a licensed counselor providing talk therapy regulates speech based on viewpoint and must satisfy strict scrutiny. Justice Kagan concurred, joined by Justice Sotomayor, noting that a content-based but viewpoint-neutral law would be a different and harder question: left open. Justice Jackson dissented alone. The Court reversed and remanded: the bans are not facially struck, and the Court left open whether a viewpoint-neutral limit could survive. This is a federal constitutional holding and therefore applies nationally. The practical effect on enforcement in any given state is unsettled pending remand and any subsequent legislative response.
State policy profiles: my 13 telehealth states
Each link below goes to the Movement Advancement Project's live policy profile for that state: covering nondiscrimination law, healthcare access, youth protections, identity document policy, and more. These profiles are continuously updated.
I offer telehealth therapy in all 13 states below. The states are grouped by their current legal posture. Click a state to see its current policy profile, or visit the therapy page for that state.
These states have enacted laws limiting cooperation with out-of-state legal action over care that is lawful where it was provided, and restricting the reach of out-of-state subpoenas and investigations. Care obtained here is harder for another state to reach afterward. This does not change the law governing care you receive while physically located in another state.
These states have enacted restrictions on gender-affirming care. Restrictions differ in scope, in who they cover, and in what penalties attach. Medicaid coverage is restricted or unavailable in several. The details change and the details determine access: use the MAP profile for your state rather than relying on any summary.
These states have neither enacted shield protections nor comprehensive restrictions on gender-affirming care. Ordinary state law applies, along with the current federal administration's enforcement posture.
About the Movement Advancement Project
MAP is an independent think tank that tracks LGBTQ+ policy across all 50 states. Their Equality Maps are the most comprehensive, continuously updated resource for understanding what protections exist: and don't: in your state.
Visit lgbtmap.orgHealthcare rights
Your rights as an LGBTQ+ patient: including in telehealth therapy.
You cannot be denied care because of your identity
Federal law prohibits healthcare providers receiving federal funding from discriminating based on sex, including gender identity and sexual orientation. If you are denied care, you can file a complaint with HHS.
Your therapy records are confidential
HIPAA protects your mental health records, including the fact that you are in therapy, your diagnosis, and the content of your sessions. Your therapist cannot share this without your consent, with limited exceptions.
You have the right to an affirming provider
You have the right to seek care from a provider who is affirming of your identity. If a provider is not affirming, you can and should seek another provider. You do not have to accept care that is harmful.
Insurance must cover mental health equally
The Mental Health Parity and Addiction Equity Act requires insurance plans to cover mental health benefits at the same level as physical health benefits. If your mental health claims are denied at higher rates, this may be a parity violation.
You have the right to your records
Under HIPAA, you have the right to access and receive copies of your medical and mental health records. Providers must respond to requests within 30 days.
Conversion therapy bans: where things stand
More than twenty states have laws restricting licensed mental health professionals from practicing conversion therapy on minors. Those laws are on the books.
Their enforcement is now uncertain. On March 31, 2026, the Supreme Court decided Chiles v. Salazar, in an opinion by Justice Gorsuch joined by seven other Justices, holding that Colorado's ban as applied to a counselor providing talk therapy regulates speech based on viewpoint and must satisfy strict scrutiny rather than the lenient review the lower courts had applied. The Court reversed and sent the case back rather than striking the law down, and it left open whether a ban written without picking a side could survive. The case has not concluded.
If you are relying on your state's ban to protect a young person from being subjected to this, do not assume it is currently being enforced. Check the status in your state. If you are looking for a therapist, the ban was never what made someone safe to work with. Ask directly what their approach is.
Legal resources
These organizations provide legal information, advocacy, and in some cases free legal help for LGBTQ+ people.
Lambda Legal
Legal advocacy and free legal help for LGBTQ+ people facing discrimination. Includes a help desk.
ACLU LGBTQ+ Rights
Know Your Rights guides, litigation updates, and state-by-state legal resources.
Movement Advancement Project
The most comprehensive, continuously updated map of LGBTQ+ policy across all 50 states.
National Center for Transgender Equality
Know Your Rights guides for trans people covering ID documents, healthcare, employment, and more.
HRC State Equality Index
Annual report grading all 50 states on LGBTQ+ equality laws and policies.
Transgender Law Center
Legal resources and advocacy specifically for transgender people, including healthcare rights.
Common questions
- Can a therapist refuse to treat me because I am LGBTQ+?
- Federal law (Section 1557 of the ACA) prohibits discrimination in healthcare on the basis of sex, which courts have interpreted to include sexual orientation and gender identity. The scope of this protection has shifted with changes in administration and is subject to ongoing litigation: check the HHS Office for Civil Rights for current enforcement guidance. Many states have additional protections. If you experience discrimination, you can file a complaint with HHS OCR.
- Does my insurance have to cover gender-affirming care?
- Coverage requirements vary by state and by plan type. Some states require insurance plans to cover gender-affirming care without discriminatory exclusions; others do not. Self-funded employer plans are often governed by federal ERISA rather than state insurance law, which means state mandates may not apply even in states with strong protections. The Movement Advancement Project maintains a current map of state insurance coverage laws. If your claim is denied, you have the right to appeal.
- What are my rights if I am misgendered or discriminated against at work?
- The Supreme Court ruled in Bostock v. Clayton County (2020) that Title VII of the Civil Rights Act protects employees from discrimination based on sexual orientation and gender identity. You can file a complaint with the EEOC. Many states have additional state-level protections.
- Is telehealth therapy confidential?
- Yes. Telehealth therapy is subject to the same HIPAA confidentiality protections as in-person therapy. Your therapist cannot share your information without your consent, with limited exceptions (imminent danger, mandatory reporting). Your LGBTQ+ identity and the content of your sessions are protected.
- Are conversion therapy bans still in effect?
- More than twenty states have laws restricting licensed mental health professionals from practicing conversion therapy on minors. Those laws are on the books. Their enforcement is now uncertain following the Supreme Court's March 2026 decision in Chiles v. Salazar, in which eight Justices joined the majority opinion by Justice Gorsuch holding that Colorado's ban as applied to talk therapy regulates speech based on viewpoint and must satisfy strict scrutiny. The Court reversed and remanded rather than striking the bans facially, and left open whether a viewpoint-neutral limit could survive. If you are relying on a state ban for protection, check current status in your state. The Movement Advancement Project's state profiles track the bans as written.
Affirming telehealth therapy across 13 states
I'm a queer-affirming LMFT offering telehealth therapy in Wisconsin, Illinois, New York, Texas, Florida, Arizona, Ohio, Michigan, Indiana, New Mexico, Hawaii, Idaho, and Alaska.
This page provides general legal information only. It does not constitute legal advice and does not establish an attorney–client relationship. Laws change frequently: verify current law with a licensed attorney in your state.
Last reviewed: September 2026. Legal review scheduled Q4 2026.
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