2016 Presidential Election Date:November 8, 2016

Candidates Winner:Donald Trump (R) Hillary Clinton (D) •Jill Stein (G) •Gary Johnson (L) •Vice presidential candidates

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See below what the2016 candidates and their respective party platforms said about LGBTQ issues.

Donald Trump and Mike Pence

See also:Federal policy on LGBTQ rights, 2017-2020

Donald Trump, who won the general election on November 8, 2016, has a complicated track record on LGTBQ issues. He was initially critical of North Carolina's law on transgender bathroom access, saying in April 2016, "North Carolina did something that was very strong and they’re paying a big price. There’s a lot of problems. You leave it the way it is. There have been very few complaints the way it is. People go, they use the bathroom they feel is appropriate, there has been so little trouble."^[1] The next month, however, after the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity, Trump said, "I believe it should be states’ rights and the state should make the decision. They’re more capable of making the decision."^[2] On the topic of same-sex marriage, Trump stated in June 2015 that he was "for traditional marriage" but in 2013 stated, "I think I’m evolving, and I think I’m a very fair person, but I have been for traditional marriage."^[3][4]

Mike Pence, Trump's running mate, was at the center of a controversy about protecting religious rights and protecting the rights of LGTBQ Americans in 2015. On March 26, 2015, Pence signedSenate Bill 101, better known as the Religious Freedom Restoration Act (RFRA), into law.^[5][6] The law "prohibits a governmental entity from substantially burdening a person's exercise of religion, even if the burden results from a rule of general applicability, unless the governmental entity can demonstrate that the burden: (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering the compelling governmental interest."^[5] Supporters of the bill said it would prevent the government from forcing business owners to act against religious beliefs, while opponents said it allowed for discrimination against LGBTQ citizens.^[6]

Pence was critical of the Obama administration's directive on transgender bathroom access and supported Don’t Ask, Don’t Tell, the policy that prohibited soldiers from openly identifying as gay until it was ended in 2011. Pence told CNN in 2010 that without the policy, the military could become “a backdrop for social experimentation.”^[7]

See what the2016 candidates and their respective party platforms said about LGBTQ rights below.

Democratic ticket

Hillary Clinton

• After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016,Clinton spokeswoman Xochitl Hinojosa toldThe Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”^[8]

• After North Carolina GovernorPat McCrory (R) signed House Bill 2 into law on March 24, 2016,Hillary Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”^[9]

• Clinton released a 70-second online ad on December 6, 2015, to show her support for LGBT equality. The video included scenes from a 2011 speech where she said “gay rights and human rights...are one and the same” played over clips of same-sex couples.^[10]

• Clinton argued on October 3, 2015, that the 14,000 soldiers forced to leave the military because of their sexual orientation should have their service records updated to reflect an honorable discharge.^[11]

• Clinton endorsed the Equality Act, a bill introduced on July 23, 2015, byU.S. Sen.Jeff Merkley (D-Ore.) andU.S. Rep.David Cicilline (D-R.I.), which sought “to protect LGBT people nationwide from discrimination in credit, education, employment, housing, federal financial assistance, jury service and public accommodations.”^[12]

• In March 2013, Clinton said, "I support marriage for lesbian and gay couples. I support it personally and as a matter of policy and law embedded in a broader effort to advance equality and opportunity for LGBT Americans and for all Americans."^[13]

• During a 2007 debate, Clinton said that "she wanted same-sex couples to have equal rights," according toThe Washington Post. She also said, "I've...been a very strong supporter of letting the states maintain their jurisdiction over marriage."^[14]

• In 2003, Clinton opposed same-sex marriage, but she added, "I think most Americans are fair. And if they believe that people in committed relationships want to share their lives and, not only that, have the same rights that I do in my marriage, to decide who I want to inherit my property or visit me in a hospital, I think that most Americans would think that that's--that's fair and that should be done."^[15]

• In 2003, when asked if she supported a constitutional amendment banning same-sex marriage, Clinton said, "I think that would be a--a terrible step backwards. It would be the first time we've ever amended the Constitution to deny rights to people. And I think that should be left to the states. You know, I find it hard to believe in one program I'm agreeing with Newt Gingrich, now I'm about to agree with Dick Cheney. But I think Vice President Cheney's position on gay marriage is--is the right one."^[15]

Obergefell v. Hodges

• Speaking at a fundraiser for theVirginia Democratic Party on June 26, 2015,Hillary Clinton applauded theSupreme Court's decision inObergefell v. Hodges and criticized theRepublicans' rejection of marriage equality. Clinton said, "This morning, they all decried the Supreme Court's ruling upholding marriage equality—we even heard them call for a constitutional amendment to strip away the right to equality from our gay brothers and sisters. Instead of trying to turn back the clock, they should be joining us in saying loudly and clearly, 'No, no' to discrimination once and for all. I'm asking them, please: Don't make the rights, the hopes, of any American, a political football for this 2016 campaign."^[16]

Transgender restroom access

• After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016,Clinton spokeswoman Xochitl Hinojosa toldThe Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”^[17]
• After North Carolina Gov.Pat McCrory (R) signed House Bill 2 into law on March 24, 2016, Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”^[9]
• On Clinton's campaign website, the candidate described her commitment to protecting transgender rights: “We must do more to end discrimination against the transgender community. Hillary believes no one should be held back from fully participating in our society because of their gender identity. As secretary of state, Hillary made it possible for transgender Americans to have their true identity reflected on their passports. As president, she will work to protect transgender individuals from violence by directing the government to collect better data regarding crime victims and seeking to improve reporting of hate crimes; streamline identity documents to remove barriers to transgender Americans changing their gender marker on identification documents; and invest in law enforcement training focused on fair and impartial policing, including in interactions with LGBT individuals. Hillary will invest in law enforcement training that focuses on issues such as implicit bias, use of force, and de-escalation, as well as fair and impartial policing including in their interactions with the LGBT community, in particular transgender individuals. It will also focus on educating police officers on correctly identifying bias-motivated crimes.”^[18]

• Read more of Hillary Clinton's public statements on LGBTQ rights.

Tim Kaine

• Responding to attempts by state legislatures to limit the rights of LGBT people and transgender students,Tim Kaine and 39 Democratic colleagues in the Senate, wrote a letter urging the Department of Education to provide guidance on the scope of protection afforded to transgender students in schools and colleges across the country under Title IX. The senators wrote, "We strongly believe that it is our responsibility—not just as senators, but as adults—to protect our children and young people, and to help them flourish.” They continued, “We applaud and thank the Department of Education, as well as the Department of Justice, for sharing that goal, and for their commitment to equality and work in support of LGBT students. We respectfully request that the Department complete that work by issuing clear, comprehensive guidance.”^[21]

• After theU.S. Supreme Court legalized same-sex marriage on June 26, 2015, with its 5-4 ruling inObergefell v. Hodges, Kaine said in a statement, "By recognizing the constitutional right of all people to marry the person they love, the Supreme Court has guaranteed that, across the country, same-sex couples will have their relationships treated with the full legal dignity and respect that they deserve. With our country’s fundamental ideal that ‘all men are created equal’ in mind, I welcome the end of discriminatory bans that have, until today, denied same-sex couples the privileges, responsibilities, and joys of marriage. This is an important step on our continuing quest to create a more perfect union."^[22]

• Kaine earned a 90 percent score from theHuman Rights Campaign for his support of equality during the 113th Congress.^[23]

• Expressing continued support for efforts to ensure equal treatment under the law, Kaine wrote on his Senate website, "I believe all people, regardless of sexual orientation, should be guaranteed equal rights, including the legal benefits and responsibilities of marriage. As Governor, I campaigned against an amendment to the Virginia constitution that banned any legal recognition of same-sex relationships and signed an executive order to ban discrimination on the basis of sexual orientation. As Senator, I was proud to join many of my colleagues in signing the bipartisan amicus brief to the Supreme Court that detailed our belief that the Defense of Marriage Act is unconstitutional. In November 2013, I was proud to help the Senate pass the Employment Non-Discrimination Act (ENDA) to ensure that workplace discrimination on the basis of sexual orientation will not be tolerated.^[24]

• Read more of Tim Kaine's public statements on 2016 campaign issues.

Republican ticket

Donald Trump

• After previously stating that North Carolina should "[l]eave it the way it is," and permit transgender individuals to use the restroom they feel most comfortable using,Donald Trump toldABC News on May 13, 2016, “I believe it should be states’ rights and the state should make the decision. They’re more capable of making the decision.” Trump made this comment after the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity.^[25][26]

• In an interview on April 21, 2016,Donald Trump said that North Carolina erred when it passed abill restricting transgender individuals’ access to bathrooms that conform with their gender identity. “North Carolina did something that was very strong and they’re paying a big price. There’s a lot of problems. You leave it the way it is. There have been very few complaints the way it is. People go, they use the bathroom they feel is appropriate, there has been so little trouble, and the problem with what happened in North Carolina is the strife, and the economic punishment that they’re taking,” Trump said. He added that he would be comfortable with transgender activist Caitlyn Jenner using whichever bathroom she chose in Trump Tower.^[1]

• On the issue of gay marriage,Donald Trump said during a November 2013 interview onMSNBC, "I think I’m evolving, and I think I’m a very fair person, but I have been for traditional marriage. I am for traditional marriage, I am for a marriage between a man and a woman.”^[27]

• In a March 2011 interview withThe Des Moines Register, Trump said gay couples should not be allowed to marry or receive the same benefits as married heterosexual couples.^[28]

Obergefell v. Hodges

• In a June 28, 2015, interview onCNN's "State of the Union,"Donald Trump was asked by anchor Jake Tapper how Trump's three marriages fit into the definition of "traditional marriage." Trump responded that someone asking the question has "a very good point" and suggested he was at fault for his divorces. Tapper said he wasn't asking for an explanation for Trump's divorces, but rather what he would say to a gay person on this question. Trump answered, "I don't say anything. I'm just for traditional marriage."^[29]

• On June 26, 2015, following theObergefell v. Hodges ruling, Trump tweeted, "Once again theBush appointedSupreme Court JusticeJohn Roberts has let us down.Jeb pushed him hard! Remember!"^[30]

Transgender restroom access

• Before a campaign event in Raleigh, N.C., on July 5, 2016, reporters backstage askedTrump if he supported HB 2, the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth, or if he thought the state should make changes to it. Trump replied, "I'm going with the state. The state, they know what's going on. They see what's happening and generally speaking I go with the state on things like this." Later during his appearance, Trump told supporters that he would be “better for the gay community” thanClinton.^[31][32]
• During an appearance onJimmy Kimmel Live on May 25, 2016, Trump refused to take a stance on the transgender restroom issue and told Kimmel, “Let the states decide.” When Kimmel pressed Trump for his personal opinion, Trump said only, “I think the states will do the right thing.” Asked what the right thing is, Trump said, “I don’t know yet. I mean, I don’t know.”^[33]
• After saying that transgender individuals should "use the "bathroom that they feel is appropriate," on April 21, 2016, Trump told Fox News hostSean Hannity later that day that while he disagrees with the law, he believes North Carolina had a right to enact it. “I think that local communities and states should make the decision,” Trump said. “And I feel very strongly about that. The federal government should not be involved.” Trump also told Hannity that states should “absolutely" be able to decide whether to implement such a law.^[34]
• Discussing the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth during a town hall event on NBC'sToday on April 21, 2016, Trump said, "There have been very few complaints the way it is. People go. They use the bathroom that they feel is appropriate." Trump continued "There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic -- I mean, the economic punishment that they're taking."^[35]

• Referring to businesses that have canceled expansions in North Carolina because of the law, Trump also said, "Leave it the way it is. North Carolina, what they're going through with all the business that's leaving, all of the strife -- and this is on both sides. Leave it the way it is."^[35]

• On August 17, 2015, MSNBC asked Gregory T. Angelo, executive director of the pro-LGBT Log Cabin Republicans, if it was safe to call Trump 2016’s most LGBT-friendly Republican. He responded, “I think that might be going a little overboard.” Angelo added: “It’s important to point out that Trump is not the first GOP Republican candidate to say he supports nondiscrimination protections for LGBT individuals.” Angelo was referring to former presidential candidateJeb Bush, who said he didn’t think people should be discriminated against because of their sexual orientation. “Period. Over and out,” Bush said.^[36]
• In an interview withThe Brody File on April 12, 2011, Trump was asked whether he supported civil unions. Trump replied, “First of all, I live in New York. I know many, many gay people. Tremendous people. And to be honest with you, as far as civil unions are concerned, I haven't totally formed my opinion. But there can be no discrimination against gays.”^[37]
• In his 2000 political manifesto, “The America That We Deserve,” Trump outlined his dream of an America free of “racism, discrimination against women, or discrimination against people based on sexual orientation.”^[38]

• Read more of Donald Trump's public statements on LGBTQ rights.

Mike Pence

• In response to the directive issued by the Obama administration on May 13, 2016, stating that transgender public school students must be afforded the right to use bathrooms and locker rooms that align with their gender identities, Pence said, “The federal government has no business getting involved in issues of this nature.”^[7]

• Pence supported Don’t Ask, Don’t Tell, the policy that prohibited soldiers from openly identifying as gay until it was ended in 2011. Pence told CNN in 2010 that without the policy, the military could become “a backdrop for social experimentation.”^[7]

• In 2007, Pence voted against the Employment Non-Discrimination Act, a law to prohibit workplace discrimination based on sexual orientation. He said the law “wages war on freedom and religion in the workplace.”^[7]

• In 2006,Mike Pence voted for H.J.Res.88 - the Marriage Protection Amendment, which proposed declaring "that: (1) marriage in the United States shall consist only of the union of a man and a woman; and (2) neither the U.S. Constitution nor the constitution of any state shall be construed to require that marriage or the legal incidents of marriage be conferred upon any other union."^[40]

• In 2006, Pence supported a constitutional amendment that would have defined marriage as between a man and a woman. Pence said in a speech that cited a Harvard researcher, “societal collapse was always brought about following an advent of the deterioration of marriage and family.” Pence also said that being gay is a choice and that preventing gay couples from marrying was not discrimination, but a means of enforcing "God's idea."^[7]

• Read more of Mike Pence's public statements on 2016 campaign issues.

Green ticket

Jill Stein

• On her 2016 campaign website,Jill Stein called for protecting LGBTQIA+ people from discrimination.^[41]

• In response to the Orlando mass shooting on June 12, 2016,Jill Stein wrote, "Orlando compels us to strive for a vision of justice in a country that respects diversity and allows people to exist freely in a safe and welcoming community - without prejudice against differences of race, religion, country of origin, sexual preference, gender identity or age." She continued, "We should all stand in solidarity, love and support with members of the LGBTQ community."^[42]

• Jill Stein advocated for "marriage equality nationwide to end discrimination against same-sex couples," according to her 2012 presidential campaign website.^[43]

• Read more of Jill Stein's public statements on 2016 campaign issues.

Ajamu Baraka

• On September 23, 2011, Baraka received a Vicki Sexual Freedom Award from the Woodhull Freedom Foundation. Each year the foundation recognizes honorees for their landmark contributions to the sexual freedom movement. “These are outstanding leaders and courageous activists,” Executive Director of the Woodhull Sexual Freedom Alliance Ricci Levy said about the 2011 honorees. “We are fortunate to have such dedicated colleagues in the effort to recognize sexual freedom as a fundamental human right. We are inspired by their work.” According to the Woodhull Freedom Foundation, "The Vicki Sexual Freedom Awards are named after Victoria Woodhull, the namesake of the Woodhull Sexual Freedom Alliance. Ms. Woodhull was an American suffragist born on September 23, 1838, who was described by Gilded Age newspapers as a leader of the American women’s suffrage movement in the 19th century. She became a colorful and notorious symbol for women’s rights, free love, and spiritualism as she fought against corruption and for labor reforms."^[45]
• Read more about Ajamu Baraka.

Libertarian ticket

Gary Johnson

• In February 2013,Gary Johnson signed an amicus brief in theSupreme Court, along with several other conservatives, to opposeCalifornia Proposition 8.^[46]

• Johnson released a statement on December 1, 2011, to announce that he supported gay marriage after "a great deal of deliberation, discussion with the gay community, and a conclusion that government has no business choosing who should be allowed the benefits of marriage and who should not." He continued, "Certainly, religions and people of various faiths have the right to view marriage as they wish, and sanction marriage according to those beliefs. Just as government shouldn’t interfere with individual rights, government should not interfere with how marriage is treated as a ceremony, a sacrament or a privilege within a set of religious beliefs. However, when it comes to the rights of individuals and couples under the law, government’s promise should be to insure equal access to those rights to all Americans, gay or straight."^[47]

• In April 2011, Johnson supported civil unions for gay couples, adding that "the government ought to get out of the marriage business."^[48]

• Johnson wrote an op-ed inThe Huffington Post in December 2010 to advocate for the end of the "Don't Ask, Don't Tell" military policy which prohibited openly gay servicemembers from serving. "While virtually all other significant military powers in the world have long ago lifted their bans on gays serving openly in the military -- with no adverse effects -- the U.S. has stubbornly clung to a 'Don't Ask Don't Tell' policy that accomplishes nothing other than forcing thousands of brave service members to live lies," Johnson wrote.^[49]
• Read more of Gary Johnson's public statements on 2016 campaign issues.

Bill Weld

• During the June 22, 2016, CNN Libertarian Town Hall, moderator Chris Cuomo asked Weld to name something he did while in office that was "consistent with Libertarian ideals." Weld replied, "In office, in my case, even though I was then a Republican and not a Libertarian, I was way out there by myself on gay and lesbian rights, starting my first month in office, in January 1991. And for 10 years, no one followed suit. I appointed the woman who wrote the decision holding equality of marriage as constitutionally compelled, which led to theSupreme Court case holding that."^[51]
• Speaking to delegates at the2016 Libertarian National Convention on May 28, 2016, Weld was applauded when the told the gathering that he appointed the first U.S. judge to rule that same-sex couples could not be denied the right to marry. He was discussing his appointment ofMargaret Marshall as chief justice of theMassachusetts Supreme Court and the court's November 2003 decision inGoodridge v. Department of Public Health. “She wound up writing the opinion holding that the equality of marriage rights for gays and lesbians is constitutionally compelled under both the equal protection clause and the due process clause,” Weld said. “The rest is history. That case went to the United States Supreme Court and that’s where the whole thing started, in Massachusetts with my appointee.”^[52]
• Read more about Bill Weld.

Withdrawn candidates

Recent news

This section links to a Google news search for the term2016 + presidential + candidates + LGBTQ + rights

See also

• Presidential candidates, 2016
• Electoral College

External links

• ProCon.org's "Was the US Supreme Court Decision Legalizing Same-Sex Marriage a Good Decision?"
• ProCon.org's "Should Religious Liberty Give People the Right to Deny Goods and Services for Gay Marriage?"
• ProCon.org's "Should Transgender People Be Allowed to Use the Bathroom of Their Choice?"

Footnotes

v • e 2016 United States Presidential Election Overviews 2016 presidential election •2016 presidential candidates •2016 presidential nominations: calendar and delegate rules •2016 vice presidential candidates •Possible vice presidential picks Candidate profiles Hillary Clinton Donald Trump Jill Stein Gary Johnson Path to the presidency Republican Convention •Republican Primary Democratic Convention •Democratic Primary Policy positions Abortion •Defunding Planned Parenthood •Agricultural subsidies •Black Lives Matter movement •Budgets •Education •Energy and environmental policy •Federal assistance programs •Federalism •Foreign affairs •LGBTQ rights •Government regulations •Healthcare •Immigration •DACA and DAPA •International trade •Rural policy •Taxes On the campaign trail Ballotpedia's battleground poll •Presidential campaign trackers and opposition researchers Campaign staff Presidential campaign staff transfers, resignations and terminations •Staff leaks from 2016 presidential campaigns Clinton staffers •O'Malley staffers •Sanders staffers Bush staffers •Carson staffers •Christie staffers •Cruz staffers •Fiorina staffers •Huckabee staffers •Kasich staffers •Paul staffers •Rubio staffers •Santorum staffers •Trump staffers Debates PBS, February 11, 2016 (Milwaukee) •PBS, February 4, 2016 (Durham, N.H.) •NBC News, January 17, 2016 (Charleston, S.C.) •ABC, December 19, 2015 (Manchester, N.H.) •CBS, November 14, 2015 (Des Moines) •CNN, October 13, 2015](Las Vegas) February 13, 2016 (Greenville, S.C.) •ABC, February 6, 2016 (Manchester, N.H.) •Fox News, January 28, 2016 (Des Moines) •Fox Business, January 14, 2016 (North Charleston, S.C.) •CNN, December 15, 2015 (Las Vegas) •Fox Business, November 10, 2015 (Milwaukee) •CNBC, October 28, 2015 (Boulder) •CNN, September 16, 2015 (Reagan Library) •Fox News, August 6, 2015 (Cleveland) Analysis The media's coverage of Donald Trump •The media's coverage of Hillary Clinton Post-debate analysis overview Democratic:April 14, 2016 (CNN) •March 9, 2016 (Univision) •March 6, 2016 (CNN) •February 11, 2016 (PBS) •February 4, 2016 (MSNBC) •January 17, 2016 (NBC) •December 19, 2015 (ABC) •November 14, 2015 (CBS) •October 13, 2015 (CNN) Republican:March 10, 2016 (CNN) •March 3, 2016 (FNC) •February 25, 2016 (CNN) •February 13, 2016 (CBS) •February 6, 2016 (ABC) •January 28, 2016 (FNC) •January 14, 2016 (FBN) •December 15, 2015 (CNN) •November 10, 2015 (FBN) •October 28, 2015 (CNBC) •September 16, 2015 (CNN) Insiders Poll: First Democratic debate (October 13, 2015) •Presidential Nominating Index: Clinton remains choice of Democratic Insiders •Presidential Nominating Index: Bush remains choice of Republican Insiders •Insiders Poll: Winners and losers from the Fox News Republican Debate