Main Article on Name/Gender Change

Updated April 2021:  Read my article on Name/Gender Change (it has been viewed over 13,00 times) and is regularly updated.

Helpful Reminders and Tips for LGBT Community Moving Forward

November 11, 2016

Ours is a STRONG community.  We will STAND by each other! Together, we will fight for our VALUES, DIGNITY and EQUALITY moving forward.

Here are some things to keep in mind as we navigate the road ahead:

TAKE CARE OF OURSELVES & EACH OTHER

  • Reach out to others to find community and share how you are feeling. It's important to take care of yourself.
  • Reach out to those who may be feeling overwhelmed with events from this week. Ask how they are doing. Give them a space to talk.
  • Participate in the Safety Pin Initiative
  • Keep talking to others and sharing our stories!
  • Resource for Talking to Kids about the Election

DON'T FORGET THE POSITIVE

  • 80+ openly LGBTQ people were elected including the first openly LGBTQ Governor
  • It looks like Pro-HB2 NC Governor McCrory will lose his reelection fight
  • Multiple minimum wage and gun safety ballot measures passed
  • Despite the election result, the pluality of the popular vote supported a pro-LGBTQ platform.

MARRIAGE & FAMILY

  • Because of the contents of the Obergefell ruling, it is highly unlikely that marriage equality would be overturned. The process would involve replacing multiple SCOTUS judges, finding a case, and working it through the courts - something that would take many years (if at all).
  • http://www.nclrights.org/now-that-trump-has-been-elected-can-our-marriage-be-undone/
  • http://www.lambdalegal.org/blog/post-election-faq
  • Because of precedent, anyone who gets married should not be in any danger of having those marriages overturned.
  • People are encouraged to consult with lawyers and organizations in their state about all options to secure all parents' rights via a parental judgement or second parent / stepparent / confirmatory (if in CA) adoption.
  • Remember a birth certificate alone is NOT always determinative of parentage!
  • Check to see where your insurance is from and if any LGBT provisions may be affected

TRANS ISSUES

OTHER ISSUES TO WATCH

  • Overall there are a lot of policies that will be difficult or impossible to overturn, for example the U.S. Constitution and SCOTUS interpretations of it, e.g. Obergefell).
  • While Trump has said he wants to repeal the Affordable Care Act, he has recently suggested he may only amend it, and any changes will take time. In the meantime, people should be sure they know whether their insurance plan is covered by the Affordable Care Act or other law and they should have a plan in case protections under the ACA are rolled back.
  • While not new, and we continue to fight them, additional Religious Freedom Restoration Act (RFRA) and First Amendment Defense Act (FADA) laws will likely be introduced at the state and federal level. These laws were a concern before the election.  The election results bring increased concern.
  • Issues that also disproportionately affect the LGBTQ community including immigration, religious freedom, women's health and reproductive justice will also be under attack. It is important that we stand together and support LGBTQ people with multiple identities and our allies.
  • Continued anti-discrimination work at the state and federal levels

 

Transgender People and Marriage

Now that "same-sex" marriage has been in the headlines recently with the Prop 8 and DOMA cases before the United States Supreme Court, transgender people in states that do not have full marriage equality may have renewed questions regarding transgender people and marriage.

The following resources may be helpful to couples where one or both of them are transgender and they are considering getting married or are already married, and where one or both may be in the process of or completing their transition.

"Transgender People and the Federal Marriage Amendment, Frequently Asked Questions."  Published by Transgender Law Center, Transgender Law and Policy Institute, and National Center for Transgender Equality.  (All of these three groups have excellent resources on their respective website.)

"Transgender People and Marriage: The Importance of Legal Planning" by Shannon Minter, 2002.

"Protecting Transgender Families: Strategies for Advocates" by Taylor Flynn, 2003.

"Why Marriage Matters to Transgender Persons" by Freedom To Marry.

"Representing Transsexual Clients: Selected Legal Issues" by Shannon Minter, 2003.

Kantaras v. Kantaras, Florida, 2002-2005.

The Transgender Rights Toolkit from Lambda Legal includes a document titled Transgender People and Marriage Laws, updated 12/2012.

Gay & Lesbian Advocates and Defenders (GLAD) published in 2012 the book Transgender Family Law: A Guide to Effective Advocacy. It is available in print and digital editions for mobile devices.

Lauro Law, PLLC's Post-Election 2016 Pledge: Persevere to Protect LGBT Community

November 9, 2016

Since 2007, when I co-founded Bowen Lambda, the LGBT law student group at the Bowen school of Law in Little Rock, and subsequently opened my law practice in 2009, I have dedicated my efforts to supporting the LGBT community, advocating for LGBT legal rights and protection of LGBT families. We have made a lot of progress, former clients and talented colleagues have joined the battle for equality, and I have been privileged to make new friends whom I now call family. But with the election of a firmly dedicated anti-LGBT rights administration, I fear for the future, for our future.  I pledge to continue using my law practice to fight to protect LGBT people, the queer community, and all of our families. We cannot go back. We must go forward together!

U.S. Supreme Court to Hear Transgender Student’s Case

(Washington, D.C. – October 28, 2016) — Today, the Supreme Court of the United States decided to take up the case of a Virginia student, Gavin Grimm, who has been singled out to use a separate bathroom from his peers just because he is transgender.

Read the Full Article at Transgender Law Center

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