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

July 21, 2019

Birth certificates are more than just a piece of paper that sits in a file cabinet. Not only are they an important identification document, but they are also commonly needed for divorce cases that involve children, are an important step in the LGBT surrogacy process, and of course come into play during adoption.

California is becoming increasingly LGBT-inclusive when it comes to birth certificates. As we discussed in a previous post, California birth certificates now offer multiple parental options. While there are still two spaces to list parents, the options include not only “mother,” and “father,” but also the gender-neutral “parent.” Additionally, these options can be listed in any combination. Furthermore, birth certificates may be amended if the gender given at birth does not align with one’s gender later in life.

In large part we owe these rights to the 2017 Gender Recognition Act. This law specifically enables “transgender, intersex and nonbinary people to obtain state-issued identity documents that accurately reflect their gender identity, making California the first state to not require people to officially identify as “male” or “female.” Instead, “non-binary” may be chosen. Importantly, this bill also streamlined the process to change one’s gender and name on identifying materials. This progressive law caused a domino effect around the country, with 11 states now boasting similar legislation.

Last year, AB 2490 built on this legislation, so that it may be accessible to folks from all walks of life. Called “Increasing Access to Identification for People Experiencing Homelessness,” this bill removes the $25-$30 fees for homeless individuals when they apply to receive their birth certificate directly from the state. This seemingly small hurdle is actually quite large for those with few financial resources, and this bill helps to reduce it. Yet, fees are not the only barrier. It is also the norm to request birth certificate copies from the county in which one was born. However, for those without a home, they may not know their county of birth. Or if they do know their county of birth, it may not be possible for them to return, because “LGBTQ young people are particularly likely to be experiencing homelessness as a result of family rejection, which can make it unsafe for them to return to their former homes to gain access to their identifying documents.”

Another bill passed last year, “SCR-110 Sex characteristics” also known as “Celebrating Intersex Infants and Families,” focuses not just on birth certificates — but also on medical procedures for newborns. As Equality California explains, “This resolution calls upon the medical community to discontinue medically unnecessary, nonconsensual, and often irreparably harmful sex assignment and genital “normalization” surgeries on intersex infants at birth. Instead, an intersex individual should decide for themselves whether to pursue surgery at all, at an age when informed consent is possible.” This is incredibly important both for intersex individuals, and also as a symbol of the right for one to have autonomy over their own body.

California’s history of progressive LGBT legislation, whether for equitable birth certificates or other causes, is a community effort. It truly “takes a village,” including leaders such as:

• Individual Californians like Miss Major and Evan Wolfson, who have served as trailblazers and public advocates for LGBT rights.
• Nonprofits such as Equality California and the National Center for Lesbian Rights, that push for LGBT rights in legislation.
• California’s LGBT caucus, which ensures that the LGBT community has a voice in politics.
• Countless community members, who participate in local organizing, which is exemplified by the fight for gay marriage in San Francisco and state-wide, which eventually played a large role in Obergefell v Hodges.

Working together, we’ve been able to create progressive laws that lead the nation in LGBT equality. The Gay Family Law Center, based in Los Angeles, is honored to be part of this incredible community. Through our family law practice, we advocate for LGBT individuals when it comes to adoption, LGBT divorce, estate planning, and more. If you’re seeking an attorney that has the LGBT community’s interests at heart, reach out to schedule a free, no-commitment consultation at our West Hollywood or Palm Springs locations.

Photo by Toni Reed on Unsplash

July 7, 2019

In California, gay couples and individuals are legally treated virtually the same as straight couples and individuals when it comes to foster care and LGBT adoption. However, this was not always the case. California has been a national leader in creating legislation for LGBT equality. In this post, we’ll look at a few of the progressive laws that have supported LGBT families.

Any inquiry into California adoption laws should start with the California family code, where most of the basics are outlined. For example, this code states that those who may be adopted include “any unmarried minor child at least 10 years younger than their prospective adoptive parent or parents; any married minor or adult.”

One characteristic of California law that makes our state such an inclusive one regarding adoption, is the explicit prohibition of LGBT discrimination. Today’s anti-discrimination laws have evolved from the 1959 Unruh Civil Rights Act, which still stands. This law states that “All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.”

While this language has been updated periodically, it continues to be a remarkably progressive piece of legislation. When it comes to adoption, it means that no adoption agency may discriminate against anyone based on their gender identity or sexual orientation. This is true even for religious-based adoption organizations.

More recently, other laws have supported equality in LGBT adoption and foster care.

In 2003, the Foster Care Non-Discrimination Act put protections in place for both foster children and foster parents of various gender identities. Once again, California served as a national leader: “This law is the first of its kind in the United States to explicitly include protections for lesbian, gay, bisexual, transgender, and questioning (LGBTQ) youth and adults involved with the foster care system.”

Support for transgender and genderqueer folks was again bolstered in 2011, with California’s Gender Non-Discrimination Act. One forward-thinking aspect to this law was the clarification that religious organizations could not discriminate in any way during any activity that was not strictly a religious duty. In other words, religious hospitals, businesses, and adoption agencies could not deny anyone their services, regardless of whether they are female, male, transgender, genderqueer, nonbinary, or another gender identity.

Support for gender diverse children in the foster care system was bolstered in 2015, with SB 731. This bill, as Equality California explains, requires “that caregivers tasked with placing California foster youth in homes must take a young person’s gender identity into consideration when making housing decisions. The bill is designed to ensure that all foster youth, including those who identify as transgender, are placed in appropriate homes where they feel safe and accepted.”

Just last year, the LGBTQ Family Law Modernization Act of 2018 was passed. This catch-all law worked to update language and further ensure that “LGBTQ parents and their children have access to the same protections as any other families.” While this does impact adoption, it also impacts legislation concerning items such as LGBT divorce, child support, child custody, and so on. This law will go into effect in 2020.

Another progressive 2018 bill was the “Gender Health in Foster Care” bill, which would ensure that the specific medical needs of transgender and genderqueer foster youth were taken into account. Specifically, it requires that “child welfare agencies must ensure access to clinicians who provide gender-affirming treatment consistent with established standards of care.”

Why such a strong focus on gender diverse youth in foster care and adoption? First, we know from studies by the Human Rights Campaign and other organizations that LGBT youth, particularly transgender and genderqueer youth, are more likely to face homelessness and unsafe home situations. Therefore, it’s critical that they have access to foster care and adoption services. Secondly, as we described in a previous post, the “Census Bureau reports that nationally, “same-sex couples are […] at least 4 times more likely to adopt.” The same report also notes that LGBT families are “six times more likely to foster children.” Therefore, California adoption services should be designed to make that possible.

We are proud to live in a state that is a national leader in removing bias and discrimination from foster and adoption care services. Our team of family law attorneys is experienced in working with LGBT families who are looking to adopt. If you’re considering growing your family, call us for a free consultation to see if we’re the right fit for you and your family.

Image by Irina Murza

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 21, 2019

Tax law, corporate law, family law — each area of law is complex, with its own vocabulary, norms, and processes. Our firm specializes in LGBT family law, which is centered on relationships between family members. LGBT estate planning falls under this umbrella, and it includes a host of services with the goal to protect you, your loved ones, and your assets, in the case of your incapacitation or death. If you’ve never worked with an estate planning attorney before, deciding which one to choose can be overwhelming. In this post, we’ll cover a few items to consider when searching for an attorney.

Knowledge in all areas of estate planning

An effective attorney should be familiar with every aspect of LGBT estate planning, in order to give you the best options that are most suitable for your needs. The most common components include: wills [including living wills], trusts, end of life care, healthcare directives and HIPAA authorization, and healthcare and financial power of attorney.

True expertise in these areas include not only legal knowledge, but also a good understanding of certain components of healthcare systems and financial management. Of course, an attorney is neither an accountant nor a healthcare professional, but they should be familiar with the workings of items such as HIPAA, investments such as real estate, endowments, and so forth.

Experience in LGBT cases

On top of the knowledge areas mentioned above, having specific experience with the LGBT community matters. Holding a deep understanding of local, state, and national legislation affecting LGBT individuals and families is critical, particularly since this legislation is frequently updated through case laws, and interacts with other legislation in complex ways. Knowing these nuances can ensure that you are protected against discrimination, whether now or in the future, and that your relationships and decisions will be respected.

It is also important that the attorney knows and uses the correct LGBT vocabulary, to ensure that no mistakes are made, and that you and your relationships are correctly identified. Lastly, and most importantly, having an attorney that treats you and your loved ones with respect and understanding makes a world of difference.

Easy to work with

An LGBT estate planning attorney can have all the knowledge in the world, but if they are difficult to work with, it will all be for naught. Whichever attorney you choose, they should respond in a timely manner and be well-organized. Communications are also important — they should be able to “translate” legal vocabulary into everyday terms that are easy to understand. This is important, so that you’re able to make the best decisions in an informed manner. Of course, the attorney is not counselor, but they should not leave you feeling overwhelmed or distraught. In contrast, your interactions with them should leave you feeling more certain in your decisions, with a clear plan forward.

Our estate planning attorneys have decades of experience working with LGBT individuals and families. We’re also a proud member of the Los Angeles Gay and Lesbian Chamber of Commerce. Contact us today to see if we’re the right fit for you LGBT estate planning needs.

Image by Melinda Gimpel

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

April 21, 2019

There are many divorce lawyers in the Los Angeles area. However, gay families preparing for divorce may wish to consider hiring one that specializes in working with the LGBT community. In this post, we’ll cover a few points that set LGBT-specific divorce lawyers apart.

A deep understanding of LGBT legal complexities

LGBT families often face multiple complexities in divorce proceedings that straight families rarely experience. For example, it is very common for LGBT parents to have a variety of legal parenting situations. Often, one or both parents are not biologically related to the child. Even if both names are on a birth certificate, legal challenges may still arise. Non-biological parents typically must complete a second-parent adoption, stepparent adoption, or another form of adoption. Other considerations that are far more common for gay families include surrogacy, sperm and egg donors. Attorneys who specialize in LGBT family law are skilled at navigating those complexities.

The nuances and legalities of divorce between those who are married, those who are domestic partners, or those who are both is another LGBT-specific arena. A deep knowledge in these areas is critical to ensure that the divorce proceedings are handled without error.

Finally, it’s important that your divorce attorney is familiar with LGBT-specific language. Legal vocabulary is a language of its own. In some ways, so is language for the LGBT community. This can include gender pronouns [he/his; she/her; they/theirs], vocabulary for partnerships and other relationships, and more. An attorney must use precise vocabulary in order to correctly identify you and your partner, and process the LGBT divorce appropriately.

Protection from discrimination

While California is a relatively liberal state, particularly in metropolitan areas including San Francisco and Los Angeles, LGBT discrimination in our culture, as well as our court system has not yet been eradicated. For example, here in Los Angeles, a recent lawsuit was brought against the California State Patrol for LGBT discrimination. This is just one small example of pervasive discrimination that continues to affect every aspect of life, including divorce proceeding. A skilled and knowledgeable LGBT divorce attorney will be familiar with instances where discrimination may appear, and be able to prevent and buffer the effects.

Empathy and shared values

An attorney who specializes in LGBT family law will be familiar with the ongoing struggles our community has undergone in order to obtain legal rights and protections. They’ll know the story of the journey to gay marriage, and how it’s affected the LGBT community both here in California, and nationwide. They’ll empathize with the joy that rights new to the LGBT community bring– such as seeing both parents names on a birth certificate, and adopting a child. When planning for something as life-changing as a divorce, this perspective is important.

At the Gay Family Law Center, we treat all our clients, regardless of sexual orientation or gender, with the utmost respect. You can rest assured that you’ll be working with a friend and an ally. We’re proud to be part of the LGBT community, and share that pride with you. If you’d like to chat about whether one of our staff is the right LGBT divorce attorney for you, call us for a free consultation.

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April 7, 2019

On most folks’ to-do lists, LGBT estate planning generally doesn’t fall near the top. However, it is an important part of life planning, in order to protect yourself and your loved ones should something happen to you. It is particularly critical for LGBT individuals and families, because research shows they are more vulnerable for several reasons. Let’s take a closer look.

In last year’s AB-2719 Bill in California, LGBT elders were specifically identified by the legislature as “higher risk” when compared to other elders. Several factors were taken into account. It was found that LGBT elders were more likely to be isolated, and to have smaller social networks. Additionally, they tend to have lower incomes and net worth than their straight counterparts, making them more financially vulnerable.

The cause of these trends can be hypothesized when considering the historical context. LGBT elders today were raised in the 1940’s through the 1960’s. During that time period, attitudes toward the LGBT community was enormously different than today. “Out” lesbians, gay men, bisexuals, and other queer individuals were often ostracized from their families and communities, and were denied basic rights such as healthcare, housing, and employment. Of course, gay marriage was not legalized nationwide until the 2015 ruling of Obergefell v Hodges, so the legal and financial benefits of marriage were also out of reach.

Though we have made significant progress in recent decades, LGBT discrimination still resides in our laws, as well as in our cultural norms and behaviors. This affects every aspect of life, including estate planning, end of life care, and other aspects of LGBT elder life. For example, a recent lawsuit in Missouri addressed a case where a lesbian couple was denied residency in a senior care home. While this is a particularly egregrious example of discrimination, it can appear in many hidden, covert ways. A strong LGBT estate plan can help prevent this.

Lastly, a new study out of the UCLA Center for Health Policy Research found that LGBT individuals were more likely to delay seeking health care when experiencing illness. The research suggested that this was likely caused out of fear of discrimination, which often prevented folks from contacting a doctor until an illness had become a crisis. This frequently resulted in a higher risk of dangerous health conditions: “our study shows bisexuals have among the greatest need for regular health care, but are the least likely to get it,” said researcher Joelle Wolstein.

A strong LGBT estate plan, which may include wills and trusts, end of life planning, power of attorney determination and more, can help reduce these risks. It will help ensure that your relationships are not questioned, your assets are protected, and your health and finance decisions are respected. Of course, it also helps ensure that your loved ones face less stress during your illness or death. This peace of mind is invaluable.

If you’re considering hiring a Los Angeles LGBT estate planning attorney, call us for a free, no-commitment consultation at either our Palm Springs or Hollywood locations.

Image by Val Vesa