August 21, 2019

What has Elizabeth Warren done to support LGBTQ rights? What does she plan to do in the future? Does she do more than participate in pride parades? As we continue our foray into how the top democratic presidential candidates have addressed LGBTQ issues, this time we’ll take a look at Elizabeth Warren.

Overall, the Massachusetts senator and economics expert has been an outspoken advocate for LGBTQ rights, particularly since her first campaign for senator in 2011. She’s known to be meticulous and academically-oriented, and it shows in her attention to policy that would affect our community. Unlike several other candidates, she has made specific and concrete policy goals to support LGBTQ rights. Perhaps due to her pragmatic and legal background, she’s focusing on laws that would specifically prevent LGBTQ discrimination.

Unsurprisingly, she supports the Equality Act, and was a major proponent for its predecessor, the Employment Non-Discrimination Act. Uniquely, she has also proposed a “refund equality tax” which would allow gay and lesbian couples married before 2013 to amend their tax returns and file as married for those years, if they wish. As it stands today, those couples were required to file as single, which sometimes meant they paid more taxes. This was not resolved during when gay marriage was legalized nationwide in 2015.

She’s also called for improvements in LGBTQ access to health care, including renouncing conversion therapy and banning discrimination in health care and blood donations.

First public statement in support of gay marriage: 2011 (and earlier)

Though Warren had demonstrated support of gay marriage in her actions for several years prior to 2011, she finally made a public statement on the issue during her Senate campaign in 2011. The next year, she also pushed president Obama to publicly support gay marriage.

Transgender rights

As the Department of Labor describes, transgender individuals are those who “anyone whose gender identity or expression does not conform to society’s expectations for, or stereotypes about, people assigned a particular sex.”¹ Elizabeth Warren appears to be knowledgeable not only about the correct definition of transgender individuals (which is not true for all candidates), but is also aware of the most pressing issues for this community.

Like Biden, Warren has denounced Trump’s military ban, and spoke out against the violence of Black transgender women. She’s also spoken out against Trump’s efforts to erase federal benefits for transgender individuals. For example, in a tweet last October, she stated: “I want every single transgender child to know this: You are valued. You are equal. You are not alone – we are in this fight with you. Trans people #WontBeErased.”²

In 2016, she joined several other senators in calling for the Veterans Administration to lift the ban on gender affirmation surgeries for transgender veterans.

HRC support

The Human Rights Campaign and Elizabeth Warren have collaborated for a number of years. She has received their endorsement more than once, such as in her 2012 and 2018 senate runs. Additionally, she’s received a perfect score on their congressional equality index for the past 3 years.

Missteps

During her 2012 senate campaign, Warren was asked whether individuals in prison should have access to gender confirmation surgery as part of their healthcare. Warren said she did not think it was a good way to spend public funding. Understandably, the transgender community was disappointed. Warren was silent on the issue for several years, until earlier this year, when she reversed her stance, stating that she “supports access to medically necessary services, including transition-related surgeries. This includes procedures taking place at the VA, in the military, or at correctional facilities.”³

As of now, this is the only misstep Warren has made when it comes to LGBT rights.

Closing thoughts:

Elizabeth Warren has shown herself to be a strong ally to our community. While some argue that her approach is not progressive enough, she has done a good job of following through on her promises, and listening to the LGBTQ community’s needs. She also has made an effort to be inclusive in her approach. For example, she wrote in 2017:

“I don’t want to march at Pride–I want to dance! And that’s what I do every year–dance! I dance with people young and old, black and white, Latino and Asian, lesbian, gay, bisexual, transgender and straight. … Pride shows our country at its best: diverse, inclusive, united, and strong. We’ll cheer the progress we’ve made toward building a more welcoming society for all, and we’ll recommit to protecting the rights of all Americans, so that everyone in this country is treated with dignity and respect–so everyone gets a chance to dance!” ⁴

Are you seeking an LGBTQ divorce attorney? Our experienced team covers all areas of family law, specifically for the LGBTQ community. Contact us to set up your free consultation to see if we may be the right fit for you.

Sources
1. U.S. Department of Labor. DOL Policies on Gender Identity: Rights and Responsibilities. Accessed July 28, 2019. https://www.dol.gov/agencies/oasam/civil-rights-center/internal/policies/gender-identity

2. Warren, Elizabeth (2018, October 26) [Twitter Post]. Retrieved from: https://twitter.com/SenWarren/status/1055953506966872064?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1055953506966872064&ref_url=https%3A%2F%2Fthinkprogress.org%2Felizabeth-warren-transgender-prisoners-lgbtq-record-352c3b445bba%2F

3. Ford (2019). Elizabeth Warren addresses the one anti-LGBTQ blemish on her record. Think Progress. https://thinkprogress.org/elizabeth-warren-transgender-prisoners-lgbtq-record-352c3b445bba/

4. Warren, Elizabeth (2017). Senator Elizabeth Warren: Love Letter to the LGBTQ Community. Billboard. https://www.billboard.com/articles/news/pride/7833712/senator-elizabeth-warren-gay-pride-month-love-letter

Photo by Claudio Schwarz | @purzlbaum on Unsplash

August 7, 2019

With such a large pool of democratic candidates, it can be hard to keep track of each person’s stance on important issues. As a family law firm that is passionate about LGBTQ rights, we want to know which candidates are going beyond support of legislation like Obergefell v Hodges, and working to help our community reach true lived equality.

In this post, we’ll take a look at the track record of Joe Biden, currently one of the top-polling candidates for the 2020 election. While Biden certainly wouldn’t be considered an LGBTQ trailblazer, he has demonstrated some support to our community over the years. We’ll look at his overall stance on LGBTQ rights, as well as:

• First public statement in support of gay marriage
• Statements on transgender rights
• Endorsements or score by the Human Rights Campaign
• Any missteps or poor choices regarding LGBTQ rights

Overall stance

The former Vice President of the United States, and a more centrist Democrat than many of the other presidential hopefuls, Joe Biden has grown to become more LGBTQ-friendly over the years. However, as we’ll see in the “missteps” section, this wasn’t always the case.

In recent statements, he has announced that LGBT rights are a top priority for him. Specifically, he plans to support the Equality Act, a proposed amendment to the Civil Rights Act that would “… prohibit discrimination … on the basis of the sex, sexual orientation, gender identity, or pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes.”¹ The bill passed the House of Representatives this year, but stalled in the Senate.

He has also spoken specifically in support of LGBTQ health care including suicide prevention, community acceptance and support, the rights of transgender individuals in the military, and has brought attention to treatment of LGBTQ individuals globally, such as in Chechnya. Lastly, his foundation, the Biden Foundation, has an LGBTQ acceptance initiative called #AsYouAre, that promotes family and community inclusion of LGBTQ youth.

First public statement in support of gay marriage: 2012

During Obama’s reelection campaign in 2012, Biden publicly announced his support of gay marriage. In fact, he made this announcement before Obama himself.

Transgender rights

With recent studies showing at least 1 million transgender adults in the U.S.,² transgender rights are a critical issue now and in the years ahead. During his tenure as Vice President, the U.S. removed the ban on transgender individuals serving in the military. This ban has been reinstated recently under President Trump, and Biden has made public statements denouncing Trump’s actions. Additionally, his foundation’s initiative titled #AsYouAre, which promotes LGBTQ community acceptance, has featured quite a few transgender individuals in their inclusion videos. Lastly, he focused on Black transgender rights in his HRC speech, and made a public statement on Twitter in response to the July 26 murder of Black transgender woman Denali Berries Stuckey, along with Bernie Sanders, Elizabeth Warren, and Kamala Harris.

HRC support

Last month, the Human Rights Campaign chose Biden as a keynote speaker at their gala. While not an official endorsement, this does show HRC’s approval of Biden in general. He has also spoken at HRC events in the past.

Missteps

In 1996, Biden voted in favor of the “Defense of Marriage Act,” largely seen as a step backwards in the fight for LGBTQ equality. DOMA essentially prevented gay married couples from accessing federal benefits. This was overturned in 2015 when Obergefell v Hodges legalized gay marriage nationwide.

This February, Biden made a statement calling Vice President Mike Pence a “decent guy,” despite Pence’s horrendous anti-LGBTQ record. Biden later rescinded his statement, but only after pushback from the LGBTQ community.

Multiple accounts of his inappropriate touching of women (such as rubbing their shoulders) also casts a shadow on his campaign.

Closing thoughts:

While Biden has not historically been completely supportive of the LGBTQ community, he has appeared to evolve on these issues, and made strong statements in favor of LGBTQ rights. He even went so far to say that:

“[Passing the Equality Act]…will be the first thing I ask to be done” as president.
–Joe Biden at Human Rights Campaign Gala, June 2019.

The Gay Family Law Center is a proud advocate for LGBTQ rights. We offer free consultations for those seeking family law or LGBT estate planning services. Call us to set up your first visit with one of our skilled attorneys at our Palm Springs or West Hollywood locations.

Sources
1. Equality Act, H.R., 5, 116th Congress (2019) https://www.congress.gov/bill/116th-congress/house-bill/5/text/eh

2. Meerwijk, E. L., & Sevelius, J. M. (2017). Transgender Population Size in the United States: a Meta-Regression of Population-Based Probability Samples. American journal of public health, 107(2), e1–e8. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5227946/

Photo by Daniel James on Unsplash

June 28, 2019

In the early hours of the morning exactly 50 years ago today, a large crowd of gay men, lesbians, transgender women, and other LGBTQ individuals in their 20s and 30s stood outside the Stonewall Inn, agitated and uneasy. The New York police had just raided the well-known gay bar, and were beginning to arrest the young adults and load them into police vehicles. Raids on gay bars and bars owned by the mafia (of which the Stonewall was both) were common occurrences in 1960s New York, happening every few weeks. Transgender women would be arrested for wearing dresses, skirts, or makeup, and cisgender women would be be arrested if they were not wearing three “feminine” pieces of clothing. Bargoers often had no choice but to comply with the police.

But this time was different. This time, the mix of Black, Hispanic, and white bar patrons had had enough. They were tired of being harassed by the police. They were exhausted from living in fear. They decided to fight back. What ensued was a series of violent riots, which would later become known as a pivotal moment in the LGBT rights movement.

Though many in the LGBT community are familiar with the Stonewall Riots — both as one that pushed gay rights onto the national agenda, and as an event that would eventually evolve into today’s pride parades, you many not be familiar with two of the central figures of the event: Marsha P. Johnson and Silvia Rivera. While white, gay men have historically been the central focus of the LGBT rights movement, Marsha P. Johnson and Silvia Rivera are both transgender women of color. Until recent years, their names and their impact have been largely left out of LGBT history. Marginalized by not only sexual orientation, but also by race, gender, and class, they were ostracized by their own community when the gay rights movement began to gain momentum.

This pattern is not unique to the LGBT community. The early days of social justice movements are often the most dangerous, the most costly, and receive the least recognition. And this early work is frequently done by those with multiple layers of marginalization.

For example, the #metoo movement that addresses sexual violence against women was started by Tarana Burke in 2006. Yet, it was not popularized until actress Alyssa Milano tweeted about it in 2017, prompting thousands upon thousands of responses, with women sharing their own assault and harassment stories. The result was that Tarana Burke’s original intention and work was largely ignored, and white women’s safety was centered. In particular, the movement became focused on wealthy white actresses. Burke addressed this earlier this year, explaining: “the women of color, trans women, queer people—our stories get pushed aside and our pain is never prioritized…We don’t talk about indigenous women. Their stories go untold.” The danger in this, she explains, is that we focus only on a small part of the problem, and end up ignoring those who face the most violence.

As another example, consider the #BlackLivesMatter movement, launched by three Black women in 2013: Alicia Garza, Patrisse Cullors, and Opal Tometi in response to the lack of justice for Black people killed by police. As the movement grew, its focus shifted to center Black men, despite the founders work to steer the movement in an inclusive way. This is addressed on their website, stating: “as a queer Black woman, Garza’s leadership and work challenge the misconception that only cisgender Black men encounter police and state violence…..in order to truly understand how devastating and widespread this type of violence is in Black America, we must view this epidemic through of a lens of race, gender, sexual orientation and gender identity.”

The 50th anniversary of Stonewall is a time to reflect on our own LGBT rights movement. Who are the most marginalized today? What are we doing to make sure that we prioritize their safety, health, and well being?

To identify the most marginalized, consider who is the least visible, and who is most in danger of violence, poverty, job loss, etc. Let’s look at a few statistics.

The Human Rights Campaign reports that “within the LGBTQ community, transgender people and bisexual women face the most alarming rates of sexual violence,” with 46% of bisexual women being raped in their lifetime, and 47% of transgender people experiencing sexual assault. When looking more closely at the transgender community, we find that “among people of color, American Indian (65%), multiracial (59%), Middle Eastern (58%), and Black (53%) respondents of the 2015 U.S. Transgender Survey were most likely to have been sexually assaulted in their lifetime.”

Indigenous communities overall experience the highest rates of violence, so it is not surprising that those patterns are reflected in the LGBT community as well. Another report found that 85% of two-spirit indigenous individuals experienced sexual assault in their lifetime. Two-spirit “(also spelled 2-spirit or two-spirited) was coined by Myra Laramee in 1990.(4)… to distinguish the wide variety of Indigenous concepts of gender and sexual diversity.”

These numbers identify a few of the communities that are most marginalized, and others, such as immigrants, differently-abled folks, and individuals of a variety of ages and income levels could also be included.

As a community, we have so much to be proud of — from the legalization of gay marriage in Obergefell v Hodges, to progressive legislation that has improved LGBTQ access to health care, gender-affirming identification such as birth certificates, and services such as adoption. Looking ahead, we still have many steps to take until we reach true lived equality for all. Let’s focus on making sure to lift up the voices of those who are most marginalized. Wherever you have influence in our community, whether it be an event you’re planning, human services you provide, or perhaps a nonprofit you work for, consider the following questions:

• Am I making this space intentionally safe for all types of people?
• Are marginalized individuals included in positions of power?
• Are marginalized voices included in decision-making?

The Gay Family Law Center is a long-time advocate for LGBT rights. Our practice includes LGBT divorce, adoption, surrogacy, estate planning, and more. Contact us to set up your free consultation and see if we may be the best fit for your family law needs.

Image by Toni Reed

June 14, 2019

This time of year, cities across the country are flying rainbow flags in celebration of pride month. But where did this now-iconic symbol originate?

For much of the 20th century, the pink triangle was the most widely-used symbol for the LGBT community. However, many were not comfortable with this symbol, because of it’s dark history of being utilized in Nazi Germany to identify homosexuals. Instead, the community needed a fresh, uplifting symbol that was defined for themselves.

In 1970s San Francisco, the gay rights movement was picking up steam. A decade after the Stonewall riots, it was slowly becoming more acceptable to be openly gay. By 1977, San Francisco had elected the first openly gay man to public office: Harvey Milk. A year later, Gilbert Baker, a San Francisco artist, was commissioned to design the first pride flag. Wanting to create something bright, hopeful, and proud, his original flag design had 8 colors: the red, orange, yellow, green, blue, and purple we still see on today’s 6-stripe flag, plus hot pink and turquoise, which were eventually left off the standard flag. Each color represented a different positive aspect of life, and the bright colors imbued a sense of celebration.

While still the most visible and widely-known flag for the LGBT community, it is not the only flag. Just like each letter in the LGBTQIA+ rights movement was added, a wider selection of pride flags continue to emerge.

Some represent specific parts of the community, such as the transgender flag, designed by Monica Helms in 1999. With 5 stripes of equal size, this flag includes a white stripe down the center, framed by light pink stripes, with baby blue stripes along the top and bottom.

The bisexual flag, designed by Michael Page in 1998 includes a wide, bright pink stripe along the top, a narrower purple stripe below, with a wide blue stripe at the bottom.

More recently, the LGBT community has worked to become more inclusive not only of those with varied sexual orientations, but also of individuals with different races and ethnicities. To recognize this, in 2017 the city of Philadelphia, Pennsylvania released a new flag, adding a stripe of black and brown above the traditional 6-stripe rainbow. The intention was to visually include and highlight the Black and brown queer folx.

This year, designer Daniel Quasar has combined several flags in the next step towards inclusivity, adding colors both from the Phillly and the transgender pride flags. As the artist explains: “The 6 stripe LGBTQ flag should be separated from the newer stripes because of their difference in meaning, as well as to shift focus and emphasis to what is important in our current community climate. The main section of the flag (background) includes the traditional 6 stripe LGBTQ flag as seen in its most widely used form so as not to take away from its original meaning. The trans flag stripes and marginalized community stripes were shifted to the Hoist of the flag and given a new arrow shape. The arrow points to the right to show forward movement, while being along the left edge shows that progress still needs to be made.”

While some have called this new design too busy and overly-colorful, it is quickly becoming the new “go-to” pride flag, and will likely grow in popularity in the years to come.

The Gay Family Law Center attorneys are long-time advocates for LGBT rights. Our practice includes LGBT divorce, adoption, surrogacy, wills and trusts and more. Contact us to set up your free consultation for your family law needs.

“Progress” Pride Flag by Daniel Quasar (quasar.digital LLC)

May 7, 2019

Are you considering hiring an LGBT child custody attorney in Los Angeles? If so, this post will give you a quick overview of what to expect. As you may know, child custody involves two pieces: legal custody, which is centered on the parent’s legal rights and responsibilities concerning the child; and physical custody, which is centered on where the child lives. Both are part of a larger parenting plan, which spells out all the details between parent-child relationships after a divorce.

Arranging child custody is never easy. To help ease this difficult time, here are a few things to keep in mind as you prepare to work with an attorney.

Expect to talk about your family’s unique circumstances — even the difficult parts

You likely have already guessed that you’ll need to discuss matters such as legal parentage. Which parent/s are biologically related to each child? Have the parent/s who aren’t biologically related completed a second-parent or stepparent adoption? Do the children legally have any other parents, such as from a former relationship?

However, also prepare yourself to share information related to health and relationships. Do you or your spouse have any record of substance abuse? Have there ever been instances of child abuse? While culturally we may be more comfortable sweeping these topics under the rug, honesty is of utmost importance, to ensure a child custody plan that is best for the children.

Expect to plan for the future

Oftentimes during divorce, it can be tempting to focus solely on ending the relationship, with the goal to figure everything else out later. However, when child custody concerns are part of a divorce, planning for the future is an integral component. A main consideration will be the future living situation. This conversation will center on the question “what is in the best interest of the child?” This should take into account the school, hobbies, goals, and other aspects of the child’s life.

These details will all go into the creation of a parenting plan, which will spell out not only custody, but also visitation rights, child support, and more. This is particularly important if either spouse is planning to move out of state, or to another country. California has some of the country’s strongest laws protecting LGBT child custody rights. However, a strong parenting plan that is signed before either spouse moves out of state can also be a strong legal tool.

Expect to make difficult decisions

As mentioned earlier, when determining child custody, the best interests of the child underlines every decision made. This can sometimes mean that the parents must make decisions that are difficult for them at a personal level. For example, it may be determined that joint legal custody and 50/50 physical custody is best for the children, giving them substantial time with both parents. However, this also means that the parents will need to live relatively close to one another, so that the children can attend the same school year-round. If one parent had considered taking a job in another city, or simply desired less interaction with the other parent, this takes a back seat to providing stability in the child’s life.

These are challenging conversations that can bring up a lot of emotions. A skilled LGBT child custody attorney can help guide you through these discussions in an efficient and more comfortable way, but it’s still a good idea to prepare yourself. If you’re considering hiring an LGBT child custody attorney, call us at 855- LAW – LGBT (855-529-5428) to set up a free consultation at either our Palm Springs or Hollywood locations.

Image by Priscilla Du Preez

February 21, 2019

Given the progress we’ve made over the past decade, some may question whether LGBT-specific legal services are still relevant and necessary. In fact, there are many benefits, a few of which we’ll outline below.

1. LGBT rights laws are complex

The LGBT legal landscape is not a simple one. Indeed, there are often multiple layers of laws that affect different areas of LGBT life.

For example, though gay marriage is now recognized nationwide, implementing that right is not as straightforward as it may seem at first glance. Whether a couple had already registered in a domestic partnership, how they have handled their estates and legal parentage of their children, and other factors all affect how they would transition into a marriage. To add another layer of complexity, if they live in California, they could choose to remain in a domestic partnership. However, if they live in Washington State, their domestic partnership would have been automatically transferred to a marriage in 2014, unless they were over 64 years of age.

Just as some attorneys specialize in areas such as taxation or business law, having an attorney that knows the ins and outs of laws that affect LGBT folks is important.

2. A shared understanding can enhance communication

Having great communication with your attorney is key to a successful outcome. An attorney that has a deep understanding of many typical LGBT experiences gives a boost to your communication.

This is particularly true when it comes to family law. For example, law firms that specialize in LGBT legal services are more likely to be aware that lesbian and gay couples tend to marry later than heterosexual couples, meaning prenuptials are particularly important.

3. Specialized insight of where barriers are likely to emerge

In some cases, LGBT folks continue to face more systemic barriers than heterosexual individuals. Knowing where these ‘roadblocks’ may emerge is highly valuable, in order to eliminate them or reduce their impact. As the saying goes, “an ounce of prevention is worth a pound of cure.”

For example, if an LGBT couple is considering starting a family, they will have to consider several options, including adoption, surrogacy, or sperm donor, depending on the situation. Attorneys who frequently work with LGBT families will know that not all adoption agencies will accept LGBT couples, due to international law, and in some cases “religious freedom” legislation. Likewise, they’ll be more aware of how to successfully navigate surrogacy and other options. Access to this knowledge means you’re less likely to spend time and resources going down a path that could have a barrier.

4. Case law is a powerful social justice tool

Though we’ve come a long with with LGBT rights, and our anti-discrimination laws are exponentially stronger than they were even a decade ago, we still have work to do.

Case law is defined as “law based on decisions that have been made by judges in the past.” In essence, where current laws are unclear, lacking, or could be interpreted in different ways, case law fills in the gaps.

Since many laws that affect LGBT folks are relatively young, case law has a particularly strong impact. It can serve as an avenue for progress, but also one where rights are eroded. Thus, it’s critical that strong LGBT legal services exist, to utilize this tool to continue furthering LGBT rights.

5. LGBT legal rights are still in formation

Though we’ve made tremendous advances with LGBT rights, in some cases, there is the possibility that LGBT rights may be eroded.

Not all laws are created equal. Supreme Court rulings and constitutional amendments are the strongest type of law. As we saw above, case law is another form of law, though it is considerably weaker. In between are different levels of local, state, and federal law.

In the current political climate, it is critical that legal services that specialize in LGBT law continues to thrive, not only to serve the LGBT community’s immediate legal needs, but also as “bricks” in the legal foundation to safeguard our future.

The Gay Family Law Center is proud to continue to serve the LGBT community through specialized legal services. Contact us to see if we are the right fit for your legal needs.

Photo by Mikhail Pavstyuk on Unsplash

November 4, 2018

For many, birth certificates are just a piece of paper, stored in a safe or filing cabinet, and rarely thought about. Yet, they are also a powerful symbol of belonging. For the LGBT community, birth certificates hold an even deeper meaning. They are a tool to define family and identity, both of which the LGBT community has had limited access to throughout history. In recent years, positive legislative changes have made birth certificates more inclusive to all. In this post, we’ll mention a few specific ways that they interact with the LGBT community.

Parental options on birth certificates

In the past, birth certificates could only list the mother, and if known, the father. There were no other options. Due to progressive legislation, in California there is now a gender-neutral “parent” option. Additionally, the options of “mother,” “father,” and “parent,” can be listed in any combination. This enables gay, lesbian, and queer families to have their parenthood recognized. This has become even more relevant since Obergefell v Hodges, which legalized gay marriage nationwide in 2015, and gave more freedom to the LGBT community to legally define and recognize their families.

Birth certificates and surrogacy

The LGBT community is more likely than the rest of the population to utilize alternative options to grow their family. Same-sex surrogacy is one popular method, particularly for gay men. In California, we enjoy strong anti-discrimination laws that ensure this option is accessible to all. For all couples, whether straight or gay, the future parents may list their names on the birth certificate of the child. This is part of what’s known as pre-birth and post-birth orders: court orders that ensure the legal parentage of the future parents (also known as “intended” parents). While this is important from a legal perspective, it also matters at a personal and emotional level, as there is nothing quite so special as seeing your name listed as a parent on your child’s birth certificate, even if you did not give birth to the child.

Amending a birth certificate

California also boasts laws that allow one to change their birth certificate to better align with their gender. Known as the “Gender Recognition Act,” this is a particularly strong piece of legislation that is based on the belief that “gender identification is fundamentally personal.”
In comparison to previous legislation, there is now no requirement for the individual to have undergone any treatment and receive a court judgement approving a change of gender. Instead, it is up to the autonomy of each individual. The same law allows for three options on California-issued identification, including male, female, and nonbinary. This applies on birth certificates, driver’s licenses, and other state IDs.

A note of caution

What you may not know, however, is that when it comes to adding a new family member, birth certificates are not as legally strong as stepparent or second-parent adoption. Stepparent adoptions are only permitted for couples who are married or in a domestic partnership. In contrast, second-parent adoption can be used for anyone in a loving and committed relationship. Both options are legally stronger than birth certificates, and are particularly important for traveling outside of the state of California, where anti-discrimination laws are weaker.

In cases of surrogacy, adoption, and in instances where one partner gave birth but the other is not biologically related (as is the case, for example, when a lesbian couple uses a sperm donor) it is critical that adoption is used, even if a birth certificate already states the names of both parents.

Conclusion

We have come a long way in improving LGBT rights to identity and family. Laws concerning birth certificates and other forms of identification is one area where progress is clear. Yet, we have not yet reached lived equality, and discrimination still appears throughout the legal system. At the Gay Family Law Center, we are strong advocates of the LGBT community, and experts in family law for gay, lesbian, bisexual, transgender, and queer individuals and families. If you have a need for family law services such as divorce, adoption, or surrogacy, contact us for a free consultation at our West Hollywood and Palm Springs offices to see if we’re the right fit for you.

Image by RawPixel

October 21, 2018

The gender equality movement and LGBT rights movement have many parallels. As introduced in a previous post, the development of marriage rights is one area of overlap. Women’s gain of marital rights such as property ownership, and the modernization of divorce laws paved the way for the legal system to treat marriage as a union of equals. This was an important piece of the argument for the fight for gay marriage, which would culminate in the 2015 Obergefell v Hodges, legalizing marriage nationwide.

Another commonality between the two movements is a focus on the right to control one’s own body.

Throughout history, the body has been regulated by the government, as well as by societal norms, to varying degrees. This is particularly true when it comes to sexual relations and reproductive rights. For example, until recently, most states had marital exceptions to rape laws. In other words, rape between a husband and a wife was not illegal, as sex was seen as a marital “right” for the husband. Domestic abuse was treated similarly by the law for much of American history. Gender equality advocates have fought hard to implement protections making it illegal to assault or abuse anyone, regardless of their legal relationship to anyone else. This was particularly important for women, giving them ownership over their own bodies even when married. Today, marital rape is illegal, though some states continue to have weak laws on the matter.

Similar arguments were used in legalizing birth control and abortion, both of which have allowed women the ability to control their own reproductive systems. In Roe v Wade, the right to access safe and legal abortion was cemented in 1973. This landmark case was based in part on the constitutional right of personal liberty, a right that is embedded in the foundation of both the gender equity movement and the LGBT rights movement.

Indeed, a cornerstone of the LGBT movement has been to create legislation that gives power to the individual to decide what they do with their body, and with whom. For example, homosexuality was illegal in most states until the 1960s, and the last state law was not lifted until 2003. While the fight for individual control over one’s own reproductive system, the criminalization of marital rape, and the “legalization” of homosexuality are all different battles, they share a similar reasoning based in the constitutional right of individual liberty. It is also telling that legislation addressing the three issues have similar timelines, beginning in the 1960s and 1970s, and continuing to recent days.

Today, with the legalization of nationwide gay marriage, it may seem that deeming someone’s LGBT identity as “illegal” is nonsensical, and that we’ve moved past this as a country. However, though we’ve come a long way, we are not yet at a point where the LGBT community has equal access to rights concerning their bodies and families. For example, it’s true that the broader LGBT community has benefited from the ongoing modernization of surrogacy and adoption laws, as part of broader gay parental and child custody rights, giving individuals more freedom to determine their own method for building their family. However, LGBT individuals and families still face discrimination, and are more likely to be turned away from adoption and surrogacy centers. This is particularly true in states other than California, which have weaker anti-discrimination laws. Nor have we reached equal protection from discrimination in healthcare, as evident in the allowance in many regions of “conversion therapy,” a cruel form of “treatment” meant to “cure” one of homosexuality.

Additionally, transgender, genderqueer and nonbinary individuals have continued the fight for the freedom to control their own bodies, and express their gender in the way that feels right for them. Encouragingly, some progress has been made in states such as California, a leader in building policy that protects and embraces gender diverse communities. For instance, in California it is now possible to list the gender-neutral “parent” as an option on birth certificates. Additionally, individuals may amend the gender on their own birth certificates and other identifying documents.

These examples, among others, have been key in creating a social and legal atmosphere that gives power to individuals to decide for themselves what they do with their own body. Just like in Roe v Wade, these values rest on constitutional rights of individual liberty. While this may seem like a simple concept, it has been centuries in the making.

At Gay Family Law Center, we are dedicated legal allies for the LGBT community in Los Angeles. Our practice includes gay divorce, adoption, surrogacy, estate planning, and more. Contact us to set up your free consultation and see if we may be the best fit for your family law needs.

Photo by Chris Johnson

March 23, 2018

While many are familiar with “prenuptial agreements,” the concept of “postnuptial agreements” is often more foreign. In this post, we’ll outline what these types of agreements may include, and how this impacts LGBT marriages.

What are postnuptials?

In the exciting rush of planning a wedding and a honeymoon, it can be easy to overlook paperwork such as an LGBT prenuptial agreement. These are documents that spell out the division of assets and liabilities that you acquired before the marriage, and any special instructions for future wealth management. For example, you may wish to confirm that one person’s student loans are their sole responsibility, or that a future inheritance from a grandparent should be dealt with in a certain way. They can also dictate how savings or debt should be managed down the road.

As you may infer from the words themselves, postnuptial agreements are the same type of document, but simply drawn up after a marriage has taken place.

These types of written documents are useful for many reasons. They require couples to sit down together and discuss how they’d like their wealth management to look. This encourages the building of a strong financial foundation together, and can be a useful tool to prevent future conflict.

What is included in a postnuptial?

Each postnuptial agreement is unique, and curated to your family’s specific needs and goals. Some of the things that may be included are:

• What to do with specific property or other assets
• How to handle investments
• Managing inheritance
• Managing retirement
• Specific instructions for savings
• Liabilities such as student loans and credit card debt
• Legalities of business ownership

Each of these items, and more, may address property that was acquired before the marriage, as well as after. However, you cannot include anything that appears to offer an “incentive” for divorce.

When can you use a postnuptial?

Though there is no “deadline” for submitting a postnuptial agreement, it is advisable to draft them as soon as possible after marriage. California courts will not accept postnuptials if they are drafted during the process of divorce.

Why are postnuptials important for the LGBT community?

California is a community property state. As we stated in our blog post on LGBT prenuptial agreements, community property means that “when a couple marries, the default legal position is that all assets and liabilities acquired during marriage are split 50/50. The law also states that everything acquired before the marriage are meant to be the sole responsibility of the respective individual.” For many couples, this may not be the exact way you’d like to manage your wealth. Postnuptials help you define this in the way that works for you. This is particularly important for the LGBT community, who are more likely to have had a long-term relationship before getting married, and thus may have more complexities in their shared wealth management.

Further, though gay marriage is now here to stay, there are many other laws related to LGBT families that are on less solid ground. We advise that the LGBT community legally protect themselves when possible, such as through strong postnuptials.

Conclusion

Drafting a solid set of postnuptial agreements can set a marriage up for success. It helps to ensure that the couple has discussed many of the “what-ifs” that entering into a marriage can bring up. Do you think postnuptials may benefit your family? Contact us for a free consultation by calling 1-800-LAW-LGBT or visiting our West Hollywood or Palm Springs LGBT law centers.

Photo by Mārtiņš Zemlickis on Unsplash

June 28, 2017

Throughout June, cities around the country have been celebrating with festivals, parades, parties and picnics. But pride celebrations are more than a great excuse to gather with friends and family and share a toast. Throughout recent history, they have played a major role in pushing for the creation of LGBT rights legislation.

1970s: A somber beginning.

The origin of American pride parades can be traced back to 1970. Rather than a parade, New York, L.A., Chicago, and San Francisco held somber marches in remembrance of the Stonewall Riot a year previously. The riot is widely cited as the beginning of the modern LGBT movement in the U.S. It occurred when the iconic NYC gay bar, ‘the Stonewall,’ was raided by the police, and the patrons bravely fought back.

At the time, the LGBT community regularly faced violence and harsh discrimination. Being non-heterosexual was classified as a ‘mental disorder,’ and it was often unsafe to be openly gay.

As marches began to appear in other cities, they opened up a national dialogue about what was then known simply as “gay rights.” This resulted in some progress (such as the declassification of being gay as a mental disorder in 1973), but also pushback, such as several states legally defining marriage as between one man and one woman.

Marches often focused on local legislation. At the 1978 Los Angeles march, for example, participants protested the Briggs Initiative, which would have made it illegal for a non-heterosexual person to work in public schools throughout California.

1980-1990s: Battling discrimination and HIV/AIDS

When HIV/AIDS began to spread throughout the country in the 1980’s, the population of gay men was hit hard. Many marches demanded more research and better treatment for those affected. For example, the 1990 march in L.A. had a “die-in” where participants laid on the ground to represent their community members killed by the disease.

But there was also some good news. The nearly two decades of marches had played a role in shifting America’s attitudes on LGBT rights, and several states began to create anti-discrimination laws, beginning with Wisconsin.

By the mid 1990s, pride gatherings in June were the norm in most major cities. The tone also began to shift, from political marches to light-hearted celebrations. It was a sign of the progress made that more people could publicly ‘come out,’ facing less violence and discrimination. There was also an increase in attendance by families, as it became safer for LGBT folks to openly raise children, whether through adoption, birth or surrogacy.

2000s and today: marriage equality and mainstreaming the LGBT community

During the 2000s, battles at local, state, and national levels were being fought for marriage equality. Pride parades were utilized to educate the public, generate support, and encourage lawmakers to vote in favor of LGBT rights.

For example, after Proposition 8 banning gay marriage in California was passed in 2008, pride parades in following years focused heavily on reversing the decision and establishing the right to marry.

This year, we’re seeing many parades address the rights of transgender and gender non-conforming individuals, who have recently faced major threats to their rights and safety.

That said, pride celebrations today tend to be more of a simple celebration, rather than strong political statements. But that doesn’t mean they don’t have a significant effect on policy, as we’ll see below.

An indirect effect on policy

Pride parades are a chance for individuals, businesses, organizations, and even entire cities to show their support of LGBT rights. The importance of this public display of solidarity cannot be underestimated. When those with power show advocate for equality, they encourage others to do the same. This begins to evolve the status quo, and changes what is seen as ‘normal’ or ‘acceptable’ in a culture.

They also demonstrate to lawmakers that the public is in support of LGBT rights, and that they should take heed of the opinions of their constituents.

What is particularly special about Pride parades in recent years, however, is that they flip the negative narrative that focuses on rights being denied, and instead celebrate what is positive. They are joyous occasions, full of music, dance, and laughter.

For a group of people that has systematically been marginalized, this infusion of positivity plays an important role.

Perhaps, one day, we won’t need pride celebrations, because the LGBT community will be as fully accepted as the straight community. Until then, they are an important tool, not only to encourage political change, but also to create a sense of inclusion, safety, and joy.

The Gay Family Law Center is proud to have supported our community throughout the years. We raise a toast to many more years of celebrations.

Photo by Hannah Voggenhuber on Unsplash