Pride Month: Legal considerations in the LGBTQ Community

By: Janice Dantes

 

It is amazing to me how far love has come along. As recent as the 1960s, interracial marriages were still illegal. In my lifetime, there has been a recognition of same sex marriages and a recognition that discrimination on the basis of sexual orientation is illegal. Below are some legal issues that members of the LGBTQ community should be aware of:

1. Estate Planning and Family Law: Adopted children are viewed the same as biological children. Members of the LGBTQ community who decide to adopt children should take comfort in knowing that the law recognizes adopted children the same way as biological children. This means that should you pass away without a will, your adopted children are treated as heirs like any other biological child. Further, if you adopt a child, you have financial obligations to support that child in the event of a divorce. You could still be court-ordered to pay child support.

2. LGBTQ Divorces are exactly the same as divorces between heterosexual couples. There is no difference in the rights of spouses who share the same sex as for those who are of opposite sexes. A same sex spouse can seek alimony, child support, and divisions of property.

3. Immigration: Same sex spouses can claim immigration benefits through their spouses. Same sex couples are also entitled to immigration benefits. A spouse can petition a spouse of the same sex for the purposes of immigration and will just need demonstrate that the marriage is bona fide.

4. Employment and Housing: People cannot be denied employment and housing on the basis of sexual orientation. Discrimination on the basis of sex is illegal. This includes discriminating against people for their sexual orientation.

5. Criminal: It is a hate crime to violently target the LGBTQ community. Further, there are additional laws protecting the LGBTQ community against violence based on sexual orientation.

If you are of the LGBTQ community and have any questions about your rights, please contact me at (312) 546-5077 or janice@pinaylaw.com.

Thank you for reading. Until we meet again, love one another.