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State by State LGBT Legislation ALABAMA As of March 9, 2008 Partnerships Since 1998, Alabama has denied marriage licenses or relationship recognition of any sort to same-sex couples. Marriages from other jurisdictions are equally unrecognized. Adoption Single GLBT parents are permitted to petition to adopt, and there are no explicit laws prohibiting same-sex couple from jointly adopting, or adopting their partner's child/child of the relationship. Neither of these two issues has been brought up before a state court, but second-parent Adoptions has been granted in some lower courts. The Alabama Supreme Court ruled in favor of the father, rather than the lesbian mother, of a young girl in the Finney v. Finney case. Due to the fact that the mother was seen as irresponsibly showing the child a lifestyle that was illegal in the state and immoral to most of Alabama citizens, it is now difficult for divorced queer parents to gain custody. There is established hostility towards granting gay parents custody and allowing gay parents to adopt. Non-Discrimination Non-Discrimination laws do not include sexual orientation or gender identity. No Alabama municipality has an inclusive Non-Discrimination policy. Hate Crimes Alabama Hate Crimes laws do not encompass sexual orientation or gender identity. Gender Change Alabama will not replace original birth certificates, but will alter name and sex on an amended birth certificate. Law requires proof of gender reassignment from a surgeon, as well as a court order for change of sex, which is done through a petition to amend a vital record, usually requiring an attorney. Fortunately, Alabama will recognize court orders from another state if the individual is living elsewhere. Sex designations on driver's licenses can only be changed for MtFs if a letter from a surgeon states the sex reassignment surgery was completed and "successful." Apparently, though, for FtMs, living full time as a male (proved by a therapist writing a notarized letter by the courts) is sufficient. See: http://www.drbecky.com/birthcert.html ALASKA As of February 22, 2008 Partnerships Alaska law does not recognize any sort of partnership of same-sex couples. A 1996 statute and 1998 constitutional amendment define marriage as a union between a man and a woman. Adoption State law allows single LGBT people to adopt. A second-parent Adoption by the same-sex partner of a single parent was recently approved in lower court in Juneau, Alaska. There is no explicit prohibition against same-sex couples jointly adopting, but the issue has not been tried in court. Non-Discrimination A 2002 executive order by Governor John Knowles prohibits discrimination based on sexual orientation in public employment. There are no other state-wide protections against discrimination based on sexual orientation or gender identity. Hate Crimes Alaska Hate Crimes laws do not cover sexual orientation or gender identity. Legal Sex Change Alaska will not issue a new birth certificate, but will amend the old one to show change of sex and name. A court order for name change and a letter from a Sex Reassignment Surgeon are required. See: http://www.drbecky.com/birthcert.html ARIZONA As of March 9, 2008 Partnerships Arizona offers no legal recognition of same-sex couples. A bill, passed by the state legislature, defines marriage as a union between a man and a woman. This bill was passed in response to a court case wherein two men from Phoenix were given a marriage license by a county clerk. The Arizona Supreme Court soon voided the license and the bill was passed by the legislature. In 2006, anti-gay groups secured a spot on the Arizona ballot for an amendment to the state constitution that would limit marriage to heterosexual couples. The people voted against the amendment by a very small margin (51%), making Arizona the only state to defeat a gay marriage ban. However, the statute outlawing same-sex marriage still stands. Adoption Single LGBT people are permitted to adopt in Arizona. However, sexual orientation has been approved as a factor for consideration in denying Adoption rights (Appeal in Pima County Juvenile Action B-10489, 727 P.2d 830, App. 1986). There is no explicit prohibition against second-parent Adoption or Adoption by same-sex couples, but no court has heard these issues. Non-Discrimination Arizona law offers no state-wide protection against discrimination based on sexual orientation or gender identity. However, in 2003 Governor Janet Napolitano issued an executive order banning discrimination based on sexual orientation in state employment. Hate Crimes Sexual orientation, but not gender identity may be considered an "aggravating factor" in sentencing for crimes in Arizona. Legal Sex Change Arizona allows transgender people to change both name and sex on a birth certificate. The state will issue a new birth certificate, rather than amending the old one. A court order of name change and a letter from a surgeon indicating that Sex Reassignment Surgery (SRS) has taken place is necessary. The court order must specifically state that "the name may be changed on the Arizona birth certificate." See: http://www.drbecky.com/birthcert.html Web Resources ARKANSAS As of January 22, 2008 Partnerships Arkansas does not legally recognize same-sex couples. A 1997 statute prohibits marriage by same-sex partners. In 2004, a constitutional amendment banning same-sex marriage passed with the support of 75% of voters. Adoption Arkansas law permits single LGBT people to adopt. Second-parent Adoption and Adoption by same-sex couples is not expressly prohibited, but has not been tried in court. In 1999, the Arkansas Child Welfare Agency began to bar gay and lesbian people from becoming foster parents. However, in 2004, this policy was ruled unconstitutional. This decision was affirmed in 2006 by the Arkansas Supreme Court. Unfortunately, anti-gay groups may manage to bring a bill to voters in November of 2008 which would prevent individuals "cohabiting with a sexual partner outside of marriage" from adopting. Non-Discrimination No laws prevent discrimination based on sexual orientation or gender identity in Arkansas. Hate Crimes Arkansas hates crimes laws do not address sexual orientation or gender identity. Legal Sex Change Arkansas will issue a new, rather than amended, birth certificate with updated name and sex. A court order is required, and the order must specify that a new birth certificate should be produced. In order to obtain a court order of sex change, a letter from a Sex Reassignment Surgeon must be submitted. See: http://www.drbecky.com/birthcert.html CALIFORNIA As of December 31, 2007 Partnerships California's Domestic Partnership Law, Assembly Bill 205, passed in 2003 and went into effect January 2005, extending virtually all state level rights and responsibilities of marriage to same-sex couples. Although California's Domestic Partnership law is very similar to marriage, the state does not allow marriage for same sex couples and does not recognize same sex marriages from other states. In 2000, a law was passed by the state voters, defining marriage as a union between a man and a woman. On February 12, 2004, San Francisco's mayor, Gavin Newsom, ordered the county clerk to begin issuing marriage licenses to same sex couples in defiance of state law. These marriages were later annulled due to the fact that the city did not have the authority to issue licenses to same-sex couples, but not before just over 4,000 licenses had been issued. The state Supreme Court made no ruling as to whether a ban against gay marriage was constitutional. On March 12, 2004, the ACLU filed a suit on behalf of a group of same-sex California couples who were not able to marry before the city of San Francisco was forced to stop issuing marriage licenses to same-sex couples. In this case, Woo v. California (also known as Woo v. Lockyer), San Francisco Superior Court Judge Richard Kramer ruled that it was unconstitutional to deny same-sex couples the right to marry. This decision was appealed by the state and on July 10, 2006, the California Court of Appeal ruled that the state could deny marriage to same-sex couples. On December 20, 2006, the California Supreme Court agreed to hear the case. Several bills have been introduced into the California state legislature in support of same-sex marriage. The most recent is AB 43, The Religious Freedom and Civil Marriage Protection Act, authored by Assemblymember Mark Leno, which was passed by the Assembly on June 6, 2007 and then by the Senate. The bill is awaiting action by Governor Schwarzenegger, who vetoed a similar bill in 2005. Adoption California law permits single LGBT people and same-sex couples to adopt. Same-sex co-parents are also permitted to adopt their partner's children or children of the relationship. Non-Discrimination California law has strong statutes against discrimination in employment and housing based on sexual orientation and gender identity. Most recently, the Civil Rights Act of 2007 (AB 14), which goes into effect January 1, 2008, fills in many of the "gaps" left by older Non-Discrimination acts, including discrimination in jury service, the issuance of credit cards, participation in the Cal Grant program (college grants for students), voter registration programs, delivery of emergency services, awarding of public contracts, food stamp eligibility, and the use of public beaches. Hate Crimes California's hate crime laws protect against violence based on both sexual orientation and gender identity. Gender Change Court ordered name changes are permitted for transgender people in California, and courts are not allowed to ask whether the petitioner has undergone any sort of medical procedure prior to applying. California law allows gender to be changed on a driver's license without hormonal or surgical treatment as long as a physician signs the correct DMV form. Name can be changed at the same time to reflect the new gender. California issues new birth certificates to transgender people after they have undergone sex reassignment surgery. A letter from an SRS surgeon is required. The new birth certificate will have the updated gender and name. The old birth certificate is sealed when the new one is issued. See: http://www.drbecky.com/birthcert.html Web Resources
COLORADO As of February 11, 2008 Partnerships Colorado does not legally recognize same-sex Partnerships. In 2000, a bill banning gay marriage passed the legislature and was signed into law by Governor Bill Owens. Adoption Colorado allows single LGBT people to adopt. In 2007, second-parent Adoption by the same-sex partner of a single parent became legal in Colorado. There is no explicit prohibition against same-sex couples jointly adopting, but this issue has not been tried in court. Non-Discrimination As of August 2007, Colorado prohibits discrimination in employment based on sexual orientation or gender identity. Hate Crimes In 2005, Colorado added sexual orientation and gender identity to existing Hate Crimes laws. Legal Sex Change Colorado will change both name and sex on a birth certificate and will issue a new one, rather than amending the old one. The state requires a certified copy of legal name change, along with a statement from the judge ordering the changes on the birth certificate due to Sex Reassignment Surgery (SRS). A notarized letter or department of public health correction form, signed by an SRS surgeon, is also required. See: http://www.drbecky.com/birthcert.html Web Resources CONNECTICUT As of January 24, 2008 Partnerships On October 1, 2005, it became legal for same-sex couples to enter into civil unions in Connecticut. These unions offer the same state-level rights and responsibilities of marriage, but are not recognized on a federal level. Adoption Connecticut's Adoption laws allow single people as well as same-sex couples to adopt, and provide for second-parent Adoption when a same-sex couple enters into a civil union. Connecticut law does allow sexual orientation to be considered in Adoption cases, but the state's anti-discrimination law most likely protects adoptive parents from discrimination based on sexual orientation. Non-Discrimination On May 30, 2007, Governor Mary Jodi Rell signed into law Connecticut Senate Bill 1009, which extended existing Non-Discrimination law to make it a crime to deprive another person of any rights, privileges, or immunities, secured or protected by the Constitution or state laws of the United States on account of sexual orientation. On May 23, 2007, Connecticut Senate Bill 1044, which would add "gender identity" to the state's Non-Discrimination statute, passed the Senate and was sent to the state House. However, the bill died when the House adjourned on June 6, 2007. Although gender identity is not yet protected as a separate category under the state's anti-discrimination law, the Connecticut Commission on Human Rights and Opportunities has ruled that transgender people can file discrimination suits under the category of "sex." Hate Crimes On October 1, 2004, Connecticut added "gender identity" to its Hate Crimes law, which already included crimes based on "actual or perceived sexual orientation." Gender Change Connecticut House Bill 6361, "An Act Concerning Birth Certificates," was signed by then-Governor John Rowland, allowing people to change their sex on birth certificates. However, the Act requires that the person has undergone Sex Reassignment Surgery (SRS), which is too costly for many people and not desired by others. See: http://www.drbecky.com/birthcert.html Web Resources DELAWARE As of March 10, 2008 Partnerships Delaware does not legally recognize same-sex couples. A 1996 bill limits marriage to a union of a man and woman and prohibits recognition of same-sex couples from other states. Adoption Single LGBT people are permitted to adopt in Delaware. Second-parent Adoptions, where the same-sex partner of a single parent has petitioned to adopt, have also been accepted. Adoption by same-sex couples is not expressly prohibited, but has not been brought to trial. Non-Discrimination Delaware law does not protect against discrimination based on sexual orientation or gender identity. However, a 2001 executive order by Governor Ruth Ann Minner made it illegal to discriminate based on sexual orientation in state employment. Delaware Senate Bill 141, introduced on June 14, 2007, would prohibit discrimination based on sexual orientation in employment, housing, public accommodations, insurance and public works contracting. The bill has been assigned to the Insurance and Elections Committee. Hate Crimes Since 2001, Delaware Hate Crimes law has recognized crimes based on the sexual orientation, but not gender identity, of the victim. Legal Sex Change Delaware will issue a new birth certificate, rather than amending the old one, and will change both name and sex. A court order for name change and a letter from a surgeon indicating that Sex Reassignment Surgery (SRS) has been performed are required. See: http://www.drbecky.com/birthcert.html Web Resources DISTRICT OF COLUMBIA As of January 27, 2008 Partnerships Washington, D.C. does not allow same-sex marriages. Since 1992, however, domestic Partnerships have been available for same-sex couples, and the rights afforded by this type of union has been growing in recent years. Adoption In Washington, D.C., LGBT individuals and same-sex couples are able to adopt and their applications are considered on a case-by-case basis as are those of non-LGBT individuals. Second parent Adoption rights are also available. Non-Discrimination In Washington, D.C., discrimination on the basis of actual or perceived gender identity or sexual orientation in the areas of employment, schools, housing, and public accommodations is illegal. Hate Crimes In Washington, D.C. Hate Crimes include crimes committed based on the actual or perceived gender identity or sexual orientation of the victim. Gender Change Transgender persons wishing to change their name may do so by court order without restrictions due to their gender identity. A new birth certificate cannot be obtained. However the original birth certificate can be amended if proof of court ordered name change and proof of sexual reassignment surgery are provided. See: http://www.drbecky.com/birthcert.html Web Resources FLORIDA As of February 3, 2008 Partnerships Florida does not grant legal rights to same-sex couples and does not honor marriages or civil unions between same-sex couples in other states. In 1997, the Florida legislature adopted the Federal Defense of Marriage, defining marriage as between "one man and one woman" and refusing to recognize marriages or same-sex unions from other states. Most recently, gay rights organizations in Florida are working diligently to fight a "marriage protection amendment" to the state constitution, which will appear on the November 2008 ballot. Fortunately, all is not lost in Florida. A poll conducted in 2004 by the Miami Herald and St. Petersburg Times revealed that, although 65% of Floridians opposed same-sex marriage, only 41% supported President Bush's push for a constitutional ban against same-sex marriage, and the majority of those polled were in favor of extending legal rights to same-sex couples. Some cities in Florida have taken their own stance against anti-gay legislation. Although only a symbolic move, in 2004 the city of Key West passed a resolution in favor of same-sex marriage. In addition, Pam Iorio, the mayor of Tampa, Florida, signed an executive order in 2004 extending healthcare benefits to domestic partners of city employees. This order includes same-sex couples. Adoption Florida's Adoption laws are among the most discriminatory in the country towards gays. Florida does not permit single gay people or same-sex couples to adopt and does not allow for a same-sex partner to petition to adopt his/her partner's child. Florida law explicitly states that "homosexuals" are not permitted to adopt. This law was upheld in 2004 by the 11th Circuit Court of Appeals in the case of Lofton v. Sect. of the Dept. of Children and Family Services. On January 10, 2005, the Florida Supreme Court refused to hear a challenge to this ruling. Non-Discrimination No state law in Florida protects against discrimination based on either sexual orientation or gender identity. Hate Crimes The 2001 Florida Hate Crimes law protects against violence based on sexual orientation but not gender identity. Legal Sex Change Florida will change name and sex on a birth certificate and will seal the old record. For sex change on the birth certificate, Sex Reassignment Surgery (SRS) is required. An affidavit from the physician who performed the operation is necessary. See: http://www.drbecky.com/birthcert.html Web Resources GEORGIA As of March 9, 2008 Partnerships Georgia does not provide any type of recognition of same-sex couples. In 1996, same-sex marriage was prohibited through a statute, and in 2004, the state constitution was amended define marriage as a union of a man and a woman. Adoption The state allows single LGBT people to adopt. Trial courts have also allowed for second-parent Adoption by the same-sex partner of the child's parent, although the issue of second-parent Adoption has never been taken to the appellate court level. Adoption by same-sex couples is not expressly prohibited, but no case has been heard yet in court. Non-Discrimination Georgia law does not protect against discrimination based on sexual orientation or gender identity. Hate Crimes No Georgia law addresses violence based on sexual orientation or gender identity. Legal Sex Change Georgia will issue a new, rather than amended birth certificate with name and sex changed. For details, contact the Legal Section of the Georgia Vital Records office at 404-656-4901. See: http://www.drbecky.com/birthcert.html Web Resources HAWAII As of March 8, 2008 Partnerships Hawaii currently bans same-sex marriage, but offers domestic Partnerships under the "Reciprocal Beneficiaries" law. Domestic Partnerships offered much more limited benefits than marriage. The courts and legislature in Hawaii have been fighting over the issue of same-sex Partnerships since 1990, and there was a period when same-sex marriage was declared legal by the courts. In 1990, a suit was filed on behalf of three same-sex couples (Baehr v. Miike) who had been denied marriage licenses in Hawaii. In 1991, they lost their case, but they appealed. In 1993, the State Supreme Court ruled that prohibiting same-sex couples from marrying may have been a violation to the equal protections portion of the state constitution, and could be justified only if the state had a compelling reason to discriminate against these couples. The case was sent back to trial court to determine if there was compelling reason, and in 1996, the trial court agreed that prohibiting same-sex marriage was unjustifiable. The state appealed once again to the Hawaii Supreme Court. In the meantime, anti-gay forces had gathered to push through a constitutional amendment banning gay marriage. In 1998, the legislature brought a referendum to the people, and the ban against same-sex marriage was approved by 69% of voters. In 1999, the Supreme Court ruled that the 1998 constitutional amendment banning same-sex marriage overruled the earlier trial court decision in favor of same-sex marriage. However, the 1996 court decision indicating that by denying the protections of marriage to same-sex couples violates the state constitution, and this decision still stands, meaning that it may be possible to create civil unions in Hawaii. In 2007, legislators attempted to introduce a civil union bill, but it was stopped in committee. Adoption Hawaii allows single LGBT people to adopt and has no prohibitions against same-sex couples adopting, or Adoption of a partner's child. These issues have not been heard in court. Non-Discrimination Hawaii law prohibits discrimination based on sexual orientation in employment, public accommodations and housing. Discrimination on the basis of gender identity is illegal in public accommodations and housing, but not employment. Hate Crimes Hawaii's Hate Crimes law covers both sexual orientation and gender identity. Gender Change Hawaii will issue a new birth certificate, rather than an amended one, with name and sex changed. However, a letter from a surgeon indicating that Sex Reassignment Surgery (SRS) has been completed is required. See: http://www.drbecky.com/birthcert.html Web Resources IDAHO As of March 9, 2008 Partnerships Idaho law does not provide for any type of Partnerships for same-sex couples. A bill restricting marriage to the union of a man and woman passed the legislature in 1996. Following that, in 2006, Idaho voters approved a constitutional amendment banning same-sex marriage. Adoption Single LGBT people are permitted to adopt in Idaho. Although same-sex couple Adoptions and second-parent Adoptions are not expressly prohibited, no court has heard the issues. In 2002, the state Adoption law was amended to prohibit discrimination against those with disabilities from adopting. In this amendment, it was expressly stated that "transvestism and transsexualism," as well as "sexual preference or orientation" were not to be considered disabilities. This leaves it unclear as to whether discrimination based on sexual orientation or gender identity is permitted in Adoption cases. Non-Discrimination Idaho law does not prohibit discrimination based on sexual orientation or gender identity. Hate Crimes The Hate Crimes law in Idaho does not address sexual orientation or gender identity. Legal Sex Change Idaho will change name, but not sex, on a birth certificate. See: http://www.drbecky.com/birthcert.html Web Resources ILLINOIS As of March 9, 2008 Partnerships In Illinois, marriages for same-sex couples are illegal. Marriages of same-sex couples from other states aren't recognized, nor is there any sort of relationship recognition in the state. Senate Bill 1773, headed by Senator Peter Fitzgerald, was an anti-marriage bill adopted in 1996, and passed by the Senate and the House before it was vetoed by Governor Edgar, who simply signed an identical bill that would commence immediately. However, though there are currently no laws allowing civil unions or marriages for same-sex couples, democratic governor Rod Blagojevich has no opposition to either one. Adoption All GLBT individuals and Partnerships are permitted to independently and/or jointly adopt a child. This includes second parent Adoptions, whereas an individual can adopt their same-sex partner's child, or the child of the relationship. Sexual orientation is not considered a relevant factor in deciding whether an individual or couple can adopt, as long as it the Adoption is in the best interests of the child. Non-Discrimination In 2005, the Illinois Human Rights Act was expanded to include sexual orientation and gender identity. There are now private employment, and public state employment, protections for persons based on sexual orientation and gender identity. Hate Crimes Sexual-orientation-based violence is protected under Illinois law, but not gender identity. Gender Change As of 2007, Illinois will continue to change both the name and sex on the birth certificate, but will give an amended certificate with the old data simply crossed out. Sex reassignment surgery and post-op examinations must be done by a physician licensed in the United States. Surgery done outside of the country will not be recognized. In order to change sex on a driver's license, one has to prove that a sex change is in process or has taken place; this can be done through a physician or psychiatric statement. A court order is not necessary for a name or sex change on a license, but it is the best way to go about the change. See: http://www.drbecky.com/birthcert.html Web Resources INDIANA As of March 9, 2008 Partnerships Indiana law explicitly reserves the right to marry to a man and a woman. This exists in order to "encourage procreation" in a situation where the child could be brought up by both biological parents. This is protected by the 1997 anti-marriage bill. An amendment to the bill expanded the discrimination against same-sex couples to include non-recognition for same-sex relationships. Also, marriages from other states or jurisdictions are unrecognized in Indiana. Indiana law says "Only a female may marry a male. Only a male may marry a female. A marriage between persons of the same gender is void in Indiana even if the marriage is lawful in the place where it is solemnized." Three couples, denied recognition of the civil unions they had been granted in Vermont, were also denied the freedom to marry in Indiana, and consequently filed lawsuits with the state in August 2002. The Indiana Civil Liberties Union fought for their right to marriage licenses based on the idea that all individuals share the rights to "life, liberty and the pursuit of happiness." The case is still open, after an appeal following a Superior Court Judge upholding current Indiana law regarding gay marriage. Adoption All single LGBT individuals are permitted to adopt, including non-residents (for "hard-to-place" children). In 2006, unmarried same-sex couples were granted permission to jointly adopt, though this case has been appealed by the state. Second-parent Adoptions are only permitted in certain jurisdictions of the state. In 2003, the Court of Appeals ruled that an individual could adopt their partner's adopted child, and in 2004 this was extended to include the partner's biological child. Non-Discrimination Gender identity and sexual orientation discrimination are not banned under Indiana law. Nevertheless, state employees are guarded against discrimination based on both of these categories by a governor's policy statement in 2004. Hate Crimes Indiana is one of only 5 states in the country lacking a Hate Crimes law. Thus, because there are no additional penalties for crimes involving bias of any kind, it follows that there is no legislation protecting individuals against sexual orientation and gender identity-violence. While there is a hate crime reporting law, there is nothing in place to guarantee law enforces will comprehensively file these incidents as motivated by bias and/or discrimination. This reporting law requirement is for criminal history data collection rather than to aid victims or develop a procedure following the crime. House Bill 1459 (the Indiana Hate Crimes Bill) would have included sexual orientation and gender identity, but it failed in committee by a vote of 9:1. Gender Change Indiana birth certificates used to not include gender, so only name changes needed to be altered. Now, gender is shown, and a court order and sex-reassignment surgery are required to change it. See: http://www.drbecky.com/birthcert.html To change the sex on your driver's license, one only needs a letter from a surgeon. The Indiana Bureau of Motor Vehicles used to revoke driver licenses based on gender discrepancies between Social Security records and the gender in the BMV records. After working with the Indiana Transgender Rights Advocacy Alliance and the National Center for Transgender Equality, gender mismatches will now be overlooked, recognizing the difficulty in changing and confirming gender listings. Web Resources IOWA As of January 20, 2008 Partnerships The state of Iowa, at this time, does not recognize relationships between same sex couples, does not recognize marriage licenses for same sex couples, and does not honor marriages of same sex couples from other jurisdictions. In 2003, Iowa offered domestic partner benefits to employees, but not a registry. Recently, a Polk County court ruled in favor of same sex marriage. However, this ruling was overturned. Adoption According to the statewide parenting laws, at this time, any unmarried adult may adopt; the spouse must join petition unless excused by court. Non-Discrimination The state currently has private employment protections based on sexual orientation and gender identity as well as public (state) employment protections based on sexual orientation, but not based on gender identity. However, it should be noted that Iowa's executive order protecting public employees was repealed in December of 2000, but was replaced by an Executive order that does not specifically mention sexual orientation. Hate Crimes Iowa hate crime laws do not explicitly address gender identity based violence. However, sexual orientation is protected by the Iowa Hate Crimes law. Legal Sex Change Iowa will change both name and sex on a birth certificate, and will issue a new certificate rather than amending the old one. You will need, however, an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change. See: http://www.drbecky.com/birthcert.html KANSAS As of January 20, 2008 Partnerships In 2005, Kansas amended the constitution to say that marriage is the union of one man and one woman only. All other marriages are declared contrary to the public policy of the state and are not void. In addition, no relationship, other than marriage is recognized by the state as entitling parties to the rights or incidents of marriage. Adoption Any adult person may adopt in Kansas, but second parent Adoptions are not permitted. Non-Discrimination The state currently does not has private employment protections based on sexual orientation or gender identity, nor does this state have employment protections based on sexual orientation or gender identity. Hate Crimes In 2002, the Kansas hate crime statute was amended to include violence due to the defendant(s)' belief or perception of the victims sexual orientation However, as yet, Kansas has not addressed gender identity-based violence under their provisions of hate crime laws. Legal Sex Change Kansas will issue an amended birth certificate. However, an affidavit from the applicant documenting dressing and living as a new gender, documentation of hormone treatment and surgery is required. Mastectomy does not qualify nor does taking hormones without surgery; genital surgery does qualify. See: http://www.drbecky.com/birthcert.html KENTUCKY As of March 9, 2008 Partnerships Kentucky does not recognize any sort of legal partnership for same-sex couples. Gay marriage is prohibited by both a statute (1998) and a constitutional ban (2004). Adoption Kentucky allows single LGBT people to adopt. There is no explicit prohibition against same-sex couple Adoption or second-parent Adoption, but the issues have not been brought to court. Non-Discrimination No Kentucky law prohibits discrimination based on sexual orientation or gender identity. Hate Crimes Kentucky Hate Crimes law covers crimes based on the sexual orientation, but not the gender identity of the victim. Legal Sex Change Kentucky will issue a new birth certificate, rather than an amended one, with both sex and name change. An order for name change and a notarized copy of a letter from a surgeon regarding Sex Reassignment Surgery (SRS) is required. For those who had their SRS in the past or in another country, it may be difficult to obtain a notarized copy. See: http://www.drbecky.com/birthcert.html Web Resources LOUISIANA As of March 9, 2008 Partnerships Louisiana law bans same-sex marriage and provides no legally recognized partnership for same-sex couples. Seventy-eight percent of voters were in favor of a ban on same-sex marriage in 2004. This ban was subsequently struck down by District Judge William Morvant of Baton Rouge based on a provision of the state constitution requiring that amendments each cover only one subject. The amendment not only denied marriage to same-sex couples, but prevented any other type of legally-recognized union. Unfortunately, the Louisiana Supreme Court disagreed with Judge Morvant, and reinstated the gay marriage ban in 2005. Adoption Louisiana state law permits single LGBT people to adopt, but does not permit second parent Adoptions. Case law prohibits joint Adoptions by heterosexual couples, indicating that it is unlikely the state will permit joint Adoptions by same-sex couples. Non-Discrimination No Louisiana law protects against discrimination based on sexual orientation or gender identity. An executive order by Governor Kathleen Babineaux Blanco in 2003 protects state employees against discrimination based on sexual orientation. Hate Crimes The Louisiana Hate Crimes act of 2002 defines acts committed on the basis of sexual orientation, but not gender identity, Hate Crimes. Legal Sex Change Louisiana will provide a new, rather than amended, birth certificate with change of name and sex provided the applicant has a legal order of name change and a letter from a surgeon documenting Sex Reassignment Surgery (SRS). However, if you are married, your spouse must give consent for the birth certificate changes. See: http://www.drbecky.com/birthcert.html MAINE As of March 9, 2008 Partnerships Maine provides Domestic Partnership benefits for same sex couples. The state legislature passed the Domestic Partnership law in 2004. Benefits are not equal to marriage, but include inheritance, funeral arrangements, legal guardianship in the event of incapacitation, ability to make organ/tissue donation, and domestic violence protections. Adoption Maine law allows single LGBT people to adopt. In 2007, the Maine Supreme Court ruled that lower courts could permit Adoption petitions from unmarried couples, including same-sex couples. Second-parent Adoption is not expressly prohibited by the law, although no court has heard the issue. Non-Discrimination he Maine Human Rights Act prohibits discrimination based on sexual orientation or gender identity in employment, housing, credit, public accommodations, and education. Hate Crimes Maine's 2001 Hate Crimes law protects victims against violence based on sexual orientation, but not gender identity. Legal Sex Change Maine will change both name and sex on a birth certificate and will issue a new birth certificate, rather than amending the old one. A court order of legal name change and a letter from a surgeon certifying that Sex Reassignment Surgery (SRS) has taken place are necessary. See: http://www.drbecky.com/birthcert.html Web Resources MARYLAND As of January 27, 2008 Partnerships Maryland is one of only thirteen states without a version of the Defense of Marriage Act (DOMA). However a section of the Maryland Family Code declares that marriage is only valid between a woman and a man in the state of Maryland, and has thus far been upheld. In 2006 this code was declared to be against the state's constitution by Baltimore Circuit Court Judge M. Brooke Murdock. The decision however was stayed till ruling by a higher court, and after taking on the case the Maryland Court of Appeals ruled against the plaintiff's, overturning Judge Murdock's decision and maintaining the status quo. Additionally in 2005 the state legistlator attempted to pass into law a form of domestic partnership, however Governer Ehrlich vetoed the bill and the veto was not overturned. Adoption Maryland law permits single LGBT individuals to adopt and prohibit Adoption agencies for denying Adoption based on the sexual orientation of the would be parent. There are no explicit prohibitions for same-sex couple Adoptions or second parent Adoptions. Non-Discrimination Maryland law prohibits discrimination of private and public employment, housing, and accommodations on the basis of sexual orientation. No current legislation exists however to protect individuals on the basis of gender identity. Hate Crimes The Maryland Hate Crimes Penalties Act extends the definition of hate crime to cover crimes committed on the basis of the victims sexual orientation or gender identity. Gender Change In Maryland transsexual individuals may amend their birth certificate to reflect their gender identity, however only after presenting documentation of gender reassignment surgery. In order to change one's name in the state of Maryland transgender individuals may either choose the common usage or court order process in the same fashion as all other individuals would for name change purposes. The common usage approach does not change any official documentation, but a court order is a simple process and does not require the individual to have had gender reassignment surgery. See: http://www.drbecky.com/birthcert.html Web Resources MASSACHUSETTS As of March 11, 2008 Partnerships Massachusetts is the only state to grant full marriage rights to same-sex couples. However, marriages of same-sex couples in Massachusetts have yet to be recognized in any other state, and married couples from Massachusetts are denied the federal rights and responsibilities of marriage, such as Social Security survivor benefits. In the 2003 case of Goodridge v. Massachusetts Department of Health, the Massachusetts Supreme Court declared it unconstitutional to bar same-sex couples from marrying. The judges wrote that, "Barred access to the protections, benefits, and obligations of civil marriage, a person who enters into an intimate, exclusive union with another of the same sex is arbitrarily deprived of membership in one of our community's most rewarding and cherished institutions. That exclusion is incompatible with the constitutional principles of respect for individual autonomy and equality under law." Following the court's decision, the Massachusetts legislature was given 180 days to take action to remedy the discrimination. Because the legislature took no action, on May 17, 2004, Massachusetts began issuing marriage licenses to same sex couples. In 2004, the United States Supreme Court refused to hear a case that would overturn same-sex marriage rights in Massachusetts, indicating that the federal courts do not believe it is within their jurisdiction to make decisions about state marriage rights. Efforts to bring a constitutional amendment to Massachusetts voters have also failed. However, for some time, former Governor Mitt Romney led a successful campaign to prevent residents of other states from applying for marriage licenses in Massachusetts, citing an out-of-date law which required both applicants to be residents of Massachusetts. Adoption In Massachusetts, single LGBT people are permitted to adopt. Second-parent Adoptions of a same-sex partner's children, as well as joint Adoptions by same-sex couples, are fully legal. Non-Discrimination Massachusetts law makes it illegal to discriminate based on sexual orientation in public accommodations, housing, public and private employment, education, credit, and union practices. Although state Non-Discrimination laws do not yet address gender identity, several courts have ruled that transgender people are permitted to pursue anti-discrimination claims under the categories of gender or disability. Massachusetts House Bill 1722, introduced on January 10, 2007 by Representatives Carl Sciortino and Byron Rushing, would add "gender identity and expression" to all of the state's Non-Discrimination laws and Hate Crimes statutes. The bill is currently in the Joint Committee on the Judiciary. Hate Crimes As of 2002, Massachusetts Hate Crimes laws address sexual orientation, but not gender identity. House Bill 1722, mentioned above, would label crimes committed on the basis of gender identity Hate Crimes as well. Legal Sex Change Massachusetts will not issue a new birth certificate, but will amend the old one to reflect name and sex changes. A court order for name change and a letter from a Sex Reassignment Surgeon are required. The letter from the surgeon must indicate that the surgery has been "completed" rather than simply "performed." Government site: http://www.state.ma.us/dph/bhsre/rvr/vramend.htm See: http://www.drbecky.com/birthcert.html Web Resources
MICHIGAN As of March 9, 2008 Partnerships The Marriage Amendment to Michigan's Constitution, a campaign spearheaded by Citizens for the Protection of Marriage in 2004, limits marriage and unions of similar kinds to one man and one woman. When this proposal was passed by voters, it was supposedly not intended to challenge domestic partner health benefits. This quickly changed, and on February 1, 2007, the Michigan Court of Appeals limited benefits to legal spouses and children. Michigan State University, in violation of the marriage law, was sued in July 2006 by the Thomas More Law Center for granting benefits to same-sex domestic partners using their own set of defining rules -- including long-term commitment, shared residency, intention to stay together forever, are not closely related, are not legally married to others -- and for allowing same-sex divorces to be filed. Adoption Michigan Law allows single GLBT adults to petition to adopt. However, in terms of joint Adoption, the law is not as clear-cut. In the past, a Michigan court ruled that only married couples could jointly adopt. More recently, one court permitted a biological mother to give up her parenting rights in order to jointly adopt the child with her partner. Later, after the relationship ended, the biological mother attempted to de-legitimize the Adoption, but the court upheld its initial decision. Unfortunately this case was an exception to the rule in Michigan. 2004 witnessed the Attorney General's opinion that same-sex couples married elsewhere should not have the right to jointly adopt children. The law doesn't explicitly state that same-sex partners couldn't petition to adopt a child their partner has borne or legally adopted. But ever since Archie Brown, chief judge of Washtenaw County, asserted all control over these second-parent Adoption cases in 2002 to prevent judges from granting Adoption rights to unmarried couples in breach of state law, no petitions have been filed. Michigan H.B. 4259, which, if passed, would extend the right to Adoption to unmarried parents, regardless of sexual orientation, passed the House Judiciary Committee on May 9, 2007, and is still awaiting a House of Representatives vote. Non-Discrimination Neither sexual orientation nor gender identity discrimination is challenged by Michigan law. An outdated 1993 decision in the case Barbour v. Michigan Department of Social Services, which denied protection against "harassment or discrimination based upon a person's sexual orientation," remains in effect to this day. Five cities and jurisdictions, including Saugatuck, Ann Arbor, and East Lansing, have passed more GLBT-inclusive ordinances that protect GLBT individuals against discrimination in housing, employment, and other areas, but could be challenged in court. Hate Crimes There is no separate cause of action for people affected by sexual-orientation violence. The chief of police is required to file a report for crimes arising out of sexual-orientation discrimination, but the "ethnic intimidation penalty enhancement law" does not include sexual orientation. Gender identity/expression is not protected. Gender Change After (and only after) sex reassignment surgery, Michigan accepts requests for new birth certificates with a (court-ordered) name change and gender marker change. An affidavit from a physician is required. Those who do not choose to have gender reassignment surgery cannot obtain a legal Gender Change in Michigan. Since 2004, sexual reassignment surgery is also required for gender marker changes on driver's licenses. If you are in the process of undergoing treatment, whether or not you have had reassignment surgery, you might be able to change your gender marker on your Social Security card. However, proof of gender reassignment surgery is the only sure-fire method. There is currently no Michigan law on the issue of Transgender male to females marrying men, etc. See: http://www.drbecky.com/birthcert.html Web Resources MINNESOTA As of January 20, 2008 Partnerships In 1997 an anti-gay marriage bill was adopted and still, at this time, the state of Minnesota does not recognize relationships between same sex couples, does not recognize marriage licenses for same sex couples, and does not honor marriages of same sex couples from other jurisdictions. Adoption According to the statewide parenting laws, at this time, any person may adopt a child, and second parent Adoptions have been approved in lower courts for same sex couples seeking to adopt. Non-Discrimination The state currently has private employment protections based on sexual orientation and gender identity as well as public (state) employment protections based on sexual orientation, but not based on gender identity. Hate Crimes The state hate crime laws of Minnesota use the definition of sexual orientation to include transgender individuals, therefore both gender identity and sexual orientation is protected under state hate crime laws. Legal Sex Change In Minnesota there are two ways to amend your birth record. You may provide two documents dating back at least seven years which show the information as you would like it to appear. Alternatively, you may provide a court order which specifically directs the birth record be amended for the items that are desired to be changed. See: http://www.drbecky.com/birthcert.html MISSISSIPPI As of March 9, 2008 Partnerships Mississippi does not provide any form of partnership benefits for same-sex couples, and the state constitution was amended in 2004 to define marriage as a union between a man and a woman. Adoption Mississippi law allows single LGBT people to adopt, but expressly denies same-sex couples the right to adopt. Second-parent Adoptions are most likely prohibited by the same statute, although this has not been tested in court. In custody cases, gay or lesbian orientation is permitted as evidence against reliable parenting, but cannot be the sole factor in the custody decision. Non-Discrimination There is no provision against discrimination based on sexual orientation or gender identity in Mississippi law. Hate Crimes The Hate Crimes law in Mississippi does not cover acts due to the sexual orientation of the victim. Although the law does consider crimes based on "actual or perceived gender" to be Hate Crimes, the law has not yet been applied to transgender people, and it is uncertain whether it is applicable to them. Legal Sex Change Mississippi does not issue new birth certificates for transgender people. The state will issue an amended birth certificate upon receipt of a court order. However, the new name and gender are typed in the margin, and the old name and gender remain on the birth certificate. See: http://www.drbecky.com/birthcert.html Web Resources MISSOURI As of January 20, 2008 Partnerships The Missouri state constitution has amended in 2004 to say that in order to be valid in the state, a marriage shall exist only between a man and a women. There is no relationship recognition for same sex couples, and the state will not honor any marriage of same sex couples from other jurisdictions. Adoption Any adult may adopt, and second parent Adoptions have been approved in some lower courts. Non-Discrimination The state currently does not has private employment protections based on sexual orientation or gender identity, nor does this state have employment protections based on sexual orientation (it does not specify employment protections based on gender identity). Hate Crimes Missouri state law covers Hate Crimes based on gender identity and sexual orientation. Legal Sex Change Missouri will issue an amended birth certificate, but a certificate of name change is required if the name is "typically" used for the opposite sex. As of 2006, you must have a court order for legal name change AND a court order to changer change to amend a birth certificate. See: http://www.drbecky.com/birthcert.html MONTANA As of March 9, 2008 Partnerships Montana does not recognize any form of legal partnership for same-sex couples. A 1997 statute and a 2004 constitutional amendment define marriage as a union between a man and a woman. Adoption The state allows single LGBT people to adopt. Adoption by same-sex couples and second-parent Adoption is not expressly prohibited, but these issues have not yet been decided in court. Non-Discrimination Montana law prohibits discrimination based on sexual orientation in public employment, but no law protects against this discrimination in private employment, housing, accommodations, or any other case. No law protects against discrimination based on gender identity. Hate Crimes Montana Hate Crimes laws do not cover sexual orientation or gender identity. Legal Sex Change Montana will not issue a new birth certificate, but will amend the name and sex on an old one. It is not designated which item(s) have been amended. A court order for Legal Sex Change and a letter from a surgeon documenting Sex Reassignment Surgery (SRS) are required. See: http://www.drbecky.com/birthcert.html Web Resources NEBRASKA As of January 20, 2008 Partnerships As of 2000, the Nebraska state constitution was amended to say that only a marriage between a man and woman shall be valid or recognized in Nebraska. The uniting of two persons of the same sex in civil union, domestic partnership, or other similar same sex relationships are not considered valid or recognized in the state. Adoption Any adult may adopt in Nebraska, however, second parent Adoptions are not permitted. Non-Discrimination The state currently does not has private employment protections based on sexual orientation or gender identity, nor does this state have employment protections based on sexual orientation or gender identity. Hate Crimes Nebraska hate crime laws do not explicitly address gender identity based violence. However, sexual orientation is protected by the Hate Crimes law. Legal Sex Change Nebraska will change both name and sex and will issue a new birth certificate rather than amend the old one, however, you will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change. See: http://www.drbecky.com/birthcert.html NEVADA As of January 27, 2008 Partnerships In 2002, voters in Nevada ratified a state Constitutional amendment that recognizes marriages as solely between men and women. There are no state laws offering civil unions or domestic Partnerships to same-sex couples. In January 2008, the board of the Nevada Public Employee's Benefits Program voted to extend health benefits to same-sex partners of state employees. Adoptions Nevada law currently allows for any single adult regardless of sexual orientation to adopt a child. There is no explicit language prohibiting same-sex couples from adopting or granting second parent status to a same-sex partner. Non-Discrimination> Nevada passed legislation in 1999 that prohibits discrimination in employment decisions based on sexual orientation, but does not explicitly prohibit discrimination based on gender identity. Hate Crimes Nevada does have legislation for Hate Crimes against sexual orientation. It was the 13th state to add sexual orientation to their Hate Crimes bill in 2001. There are no provisions explicitly protecting crimes with bias against gender identity. Web Resources
NEW HAMPSHIRE As of January 24, 2008 Partnerships In 2007 the New Hampshire Legislature passed a civil union bill, which went into effect January 1, 2008. Civil unions provide all of the state-level rights and responsibilities of marriage to same-sex couples, but do not afford them any federal rights. Adoption Single LGBT people are permitted to adopt in New Hampshire, but the law is unclear for same-sex couples. A 1987 Supreme Court ruling made it illegal for two unmarried adults to adopt. However, some judges have made an exception for same-sex couples in the past. Now that same-sex couples can enter into civil unions, Adoption will most likely be available to couples that are willing to form legal unions. In the past, second-parent Adoption by a same-sex partner in New Hampshire has also been decided on a case-by-case basis, but with a civil union, a step-parent should be able to adopt a partner's child. Non-Discrimination As of January 1, 1998, it has been illegal in New Hampshire to discriminate against someone on the basis of sexual orientation in employment, public accommodations, and housing. New Hampshire law does not prohibit discrimination based on gender identity. Hate Crimes The New Hampshire Hate Crimes law protects people against violence based on religion, race, creed, national origin, sex, and sexual orientation, but not gender identity. Gender Change New Hampshire courts will issue a new birth certificate (rather than amending the old one) but require a court document demonstrating a Legal Sex Change. A letter from a surgeon will not suffice. Sex Reassignment Surgery (SRS) is required, making it impossible for those who cannot afford surgery or do not desire it to obtain birth certificates that reflect their new sex. See: http://www.drbecky.com/birthcert.html Web Resources NEW JERSEY As of January 24, 2008 Partnerships On October 25, 2006, the New Jersey Supreme Court ruled in Lewis v. Harris that same-sex couples could not be denied the rights and responsibilities of marriage that were afforded to other couples, and gave the state legislature six months to enact legislation providing for civil unions. On December 14, 2006, the New Jersey Legislature passed a civil union bill, which went into effect February 19, 2007. New Jersey couples in civil unions share the state benefits of married couples, but are not recognized for federal benefits. New Jersey also recognizes same-sex couples from out-of-state who are married or in civil unions and provides them with all of the state benefits afforded to New Jersey residents with civil unions. Adoption New Jersey allows any single person, as well as same-sex couples, to adopt. Same-sex second-parent Adoptions are also legal. The Department of Youth and Family Services is not permitted to discriminate against potential adoptive parents based on sexual orientation. Non-Discrimination On December 19, 2006, New Jersey Governor Jon Corzine signed an amendment to the New Jersey Law Against Discrimination (NJ-LAD), adding "gender identity or expression" to the list of protected characteristics, which already included sexual orientation. Hate Crimes On January 3, 2008, the New Jersey Senate voted unanimously to add "gender identity" to the state Hate Crimes bill, which already includes sexual orientation. The legislation passed in the State Assembly on January 7, and awaits the signature of Governor Corzine. Gender Change New Jersey issues amended birth certificates with a physician's affidavit and certified copy of name change. See: http://www.drbecky.com/birthcert.html Web Resources NEW MEXICO As of March 8, 2008 Partnerships New Mexico does not provide same-sex couples with partnership benefits and does not recognize marriages or civil unions of same-sex couples from other states. In January 2008, the New Mexico House passed a Domestic Partnership bill, proposed by Governor Bill Richardson. The bill is being reviewed in the state Senate. Adoption New Mexico permits single adults to adopt, and does not explicitly prohibit same-sex couples from adopting second-parent Adoptions. These issues have not been addressed in court. Non-Discrimination As of July 2003, New Mexico protects against discrimination based on both sexual orientation and gender identity. Hate Crimes Also as of July 2003, New Mexico designated crimes committed on the basis of sexual orientation or gender identity as Hate Crimes. Legal Sex Change New Mexico will produce a new birth certificate, with both name and sex changed, and seal the old birth certificate. However, a letter from a surgeon documenting Sex Reassignment Surgery (SRS) is necessary, prohibiting those who cannot afford or do not desire SRS from amending their birth certificates. See: http://www.drbecky.com/birthcert.html Web Resources NEW YORK As of Jan 23, 2008 Partnerships New York State does not permit any form of same-sex union and, so far, has not recognized Partnerships from other states. Gay marriage fervor increased in New York around the time that San Francisco Mayor Gavin Newsom began to issue marriage licenses to constituents in California. On February 27, 2004, in response to the recent marriages in San Francisco, New Paltz Mayor Jason West performed 25 same-sex unions in front of the Village Hall, for which he was charged with misdemeanors by an Ulster County Court Judge. Criminal charges were eventually dropped, but in a civil case West was permanently barred from performing same-sex marriages. There were a number of same-sex marriage cases pending in New York over the last few years, and these were consolidated into one case early in 2006. On July 6, 2006, in the consolidated case of Hernandez v. Robles, the New York Court of Appeals decided that the state constitution does not provide a right to same-sex marriage. Although they have not had luck in the courts, same-sex couples may succeed in New York through legislative action. During his campaign, New York Governor Eliot Spitzer promised to work for same-sex marriage if elected. On April 27, 2007, he proposed same-sex marriage legislation, which passed in the State Assembly on June 19, 2007, but has not yet passed in the Senate. There has been some controversy over whether New York, although it does not perform its own same-sex marriages, will recognize same-sex Partnerships performed in other jurisdictions. In 2004, State Comptroller Alan Hevesi announced that same-sex couples from outside New York would be recognized in the state's retirement system, and New York City Mayor Michael Bloomberg suggested that the city's pension systems should recognize same-sex couples from other jurisdictions. There are a number of lawsuits pending in this area. On December 27, 2007 in the Matter of Langan v. State Farm Fire & Casualty, it was decided that parties with civil unions from other states were not permitted to make claims as surviving spouses through the state's workers' compensation law. In June 2006, Westchester County Executive Andrew Spano issued an order recognizing same-sex unions from other jurisdictions. This order was challenged by anti-gay group Alliance Defense Fund. Godfrey et al. v. Spano was decided in favor of recognizing same-sex unions from other jurisdictions, but the case has been appealed. As of May 1, 2007, the New York State Department of Civil Service recognized out-of-state marriages of same-sex couples for spousal insurance benefits given to current and retired state and local employees. The Alliance Defense Fund is challenging this decision in court. New York City provides Domestic Partnerships for both same-sex and opposite-sex couples. This legislation was signed into law by Mayor Rudolph Giuliani on July 7, 1997. Domestic Partnerships provide benefits such as visitation in hospitals and prisons, family status with the Housing Authority, and health benefits for partners of city employees. Adoption New York has affirming Adoption laws. The state allows LGBT couples as well as single LGBT people to adopt. It also allows for the Adoption of a partner's child. Non-Discrimination New York law prohibits discrimination based on sexual orientation in public and private employment, public accommodations, housing, education, and credit. Gender identity is not protected as a separate category under the state's anti-discrimination law. However, courts have allowed transgender people to bring discrimination suits under the category of sex. New York City Human Rights Law protects against discrimination based on gender identity in employment, public accommodations, housing and lending. Hate Crimes The New York Hate Crimes Act of 2000 provides for special protections for victims of crimes based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability, and sexual orientation, but not gender identity. Gender Change New York State issues amended drivers' licenses and birth certificates. State law neither prohibits nor provides for this service. New York City issues its own amended birth certificates. However, at this time, the sex on amended birth certificates in New York City is removed rather than changed, making it difficult for trans people to use their new birth certificates for gender-change purposes. The Sylvia Rivera Law Project hopes to improve the New York City policy so that people born there can legally change the sex on their birth certificates (http://www.srlp.org/index.php?page=nycbc_faq&sec=03h). See: http://www.drbecky.com/birthcert.html Web Resources NORTH CAROLINA As of January 23, 2008 North Carolina is one of the more liberal states in the southeast US. It currently has a Democratic governor, Democratic state house, and Democratic state senate (although, the NC democrats tend to be socially conservative). Fortunately, it is the only southern state (other than Florida) that has not passed a state constitutional amendment banning same-sex marriage. However, if the NC Republican party ever gained control, anti-LGBT laws would be passed easily and quickly. Because of this tenuous situation, LGBT groups should keep a close eye on North Carolina. Partnerships North Carolina does not allow same sex civil unions or marriage. According to NC law, "Marriages, whether created by common law, contracted, or performed of North Carolina, between individuals of the same gender are not valid in North Carolina." (N.C. GEN. STAT. 51-1.2). However, there is NOT a state constitutional amendment against same-sex marriage as of yet. This is because the Democratic governor, Democratic senate, and Democratic house refuse to let it come up for a vote (for fear it will be used as a wedge issue). The NC Republican party is actively pushing for such an amendment, and if the NC Republican party was ever in control, it would unfortunately pass easily and quickly. Because of this tenuous situation, LGBT groups should keep close attention to North Carolina. Adoption North Carolina law permits any adult (LGBT or otherwise) to adopt. However, it does not permit same-sex couples to jointly adopt. ["If the individual who files the petition is unmarried, no other individual may join in the petition." (N.C. GEN. STAT. 48-2-301)]. Hate-Crimes/Non-Discrimination The North Carolina Hate Crimes law does not explicitly address sexual orientation. The Hate Crimes law extends to categories of "race, color, religion, nationality or country of origin." (N.C. Gen. Stat. 14-3). No provision of North Carolina law addresses discrimination based on sexual orientation. North Carolina Non-Discrimination laws address race, religion, color, national origin, age, sex or handicap. Analysis Pro-LGBT laws are unlikely to advance in NC within the next 5 years. However, there is a real danger that anti-LGBT laws will be passed during this time. LGBT groups should stay alerted to developments in NC and be ready for a major defensive fight. See: http://www.drbecky.com/birthcert.html Web Resources NORTH DAKOTA As of January 20, 2008 Partnerships At this time, North Daktoa, does not recognize marriages between same sex couples, does not recognize marriage licenses for same sex couples, and does not recognize relationships for same sex couples. Adoption According to the statewide parenting laws, at this time, any unmarried adult or married persons must generally petition jointly unless excused by the court and second parent Adoptions are not yet permitted. Judicial attitudes are showed gradual improvement in 2003 (Damron v. Damron). Non-Discrimination North Dakota currently does not provide employment protections based on sexual orientation or gender identity. Hate Crimes No provision of North Dakota addresses gender identity or sexual orientation motivated violence. Legal Sex Change North Dakota will issue a new birth certificate rather than amend the old one. However, you will need an original letter from your SRS surgeon, and an original or certified copy of the court order for your name change. See: http://www.drbecky.com/birthcert.html OHIO As of March 9, 2008 Partnerships Ohio does not provide any type of recognition of same-sex couples. In 2004, the state approved both a bill and a constitutional amendment banning gay marriage. Signed by Republican Governor Bob Taft, the ban is one of the most broad-reaching of any state, prohibiting state employees from obtaining benefits for their unmarried partners, even if they are in heterosexual couples. Adoption Single LGBT people are permitted to adopt in Ohio. Second-parent Adoption is outlawed by the case "Adoption of Jane Doe," (719 N.E.2d 1071, Ohio App. 9th Dist. 1998). However, same-sex parents are permitted to enter into enforceable agreements to share custody of their children (Bonfield, 780 N.E.2d 241, Ohio 2002). Non-Discrimination Ohio law does not prohibit discrimination based on sexual orientation or gender identity. However, in May of 2007 Governor Strickland signed an executive order prohibiting discrimination in public employment based on sexual orientation and gender identity. Hate Crimes Ohio law does not consider crimes motivated by sexual orientation or gender identity to be Hate Crimes. Legal Sex Change Along with Idaho and Tennesse, Ohio is one of only three states that will not change the sex on a birth certificate, even after completion of Sex Reassignment Surgery (SRS). There is some uncertainty over whether Ohio will issue a name change, even with court order. Some people have been able to obtain a name change. However, this name change appears as an amendment to the original birth certificate, rather than as a new birth certificate. See: http://www.drbecky.com/birthcert.html Currently, Ohio attorney Randi Barnabee is organizing the "Ohio Birth Certificate Project" to challenge the state's policy against changing sex on birth certificates. To learn more or to participate in the project, go to: http://www.tgcrossroads.org/news/archive.asp?aid=820 Web Resources OKLAHOMA As of January 10, 2008 Partnerships Oklahoma does not legally recognize same-sex Partnerships. A statute passed in 1996 prohibits marriage by same-sex couples as well as recognition of same-sex partners from other states. In 2004, 76% of Oklahomans voted in favor of a constitutional amendment banning gay marriage. Adoption Adoption by single LGBT people is permitted in Oklahoma. Same-sex couples have not been allowed to adopt. In a 2001 case, a divorced heterosexual couple attempted to adopt and was denied Adoption rights because the law states that partners must be legally married to adopt. In 2004, the Oklahoma legislature enacted an extreme law, the "Adoption Invalidation Law," which nullifies legal Adoptions by same-sex couples in other states when they enter Oklahoma, leaving children of same-sex partners orphans in the eyes of the state. In the case of Finstuen v. Edmondson, this law was struck down by the U.S. Court of Appeals for the 10th Circuit. Adoptions by same-sex couples from other states who travel through or move to Oklahoma are now recognized. Non-Discrimination Oklahomans are not protected from discrimination based on either sexual orientation or gender identity. Hate Crimes Oklahoma law does not recognize any special status for crimes motivated by sexual orientation or gender identity, although it does recognize race, color, religion, gender, handicap, familial status and national origin. Legal Sex Change Oklahoma will not issue a new birth certificate, but will provide an amended one. A court order of name and Gender Change is required, along with a letter from a Sex Reassignment Surgeon. Call the Oklahoma Office of Vital Records for more information: (405) 271-5615. See: http://www.drbecky.com/birthcert.html Web Resources OREGON As of February 8, 2008 Partnerships Oregon has a complicated history pertaining to same-sex relationships. There is currently both a constitutional amendment banning gay marriage and a domestic partnership law that offers many of the benefits of marriage to same-sex couples. In March of 2004, Multnomah County began issuing marriage licenses to same-sex couples after a county attorney produced a legal opinion deeming same-sex marriages lawful. The Oregon Supreme Court eventually decided in 2005 that the county did not have the authority to issue the marriage licenses, but not before a constitutional amendment banning gay marriage passed with 57% of the vote in the November 2004 elections. In May of 2007, Governor Ted Kulongoski signed into law a domestic partnership bill titled the "Oregon Family Fairness Act." Domestic Partnerships became available on February 4, 2008. These Partnerships extend some of the benefits of marriage to same-sex couples, including insurance coverage and hospital visitation rights. Adoption Oregon allows single LGBT people to adopt, as well as same-sex couples. State law permits Adoption by both single people and married or unmarried couples. Second-parent Adoption is not expressly prohibited, and has been approved in lower courts. Non-Discrimination In April of 2007, the Oregon state legislature passed a bill which protects against discrimination based on sexual orientation and gender identity in housing, accommodations, and public and private employment. Hate Crimes As of January 1, 2008, Oregon's bias law includes crimes motivated by both sexual orientation and gender identity. Legal Sex Change Oregon will issue an amended birth certificate with sex and name changed, and will not indicate which parts of the certificate have been amended. A court order for name as well as Gender Change is required, along with a letter from a surgeon indicating that Sex Reassignment Surgery (SRS) has taken place. See: http://www.drbecky.com/birthcert.html Web Resources PENNSYLVANIA As of January 27, 2008 Partnerships In 1996 when the Federal Defense of Marriage Act (DOMA) was passed, Pennsylvania DOMA was also passed. The legislation bans same-sex marriage in the state. Additionally the bill prohibits the recognition of same-sex marriages from other states and countries. Adoption Pennsylvania law permits single LGBT individuals as well as same sex couples to adopt children. The courts have also ruled to allow same sex partners to petition for second parent Adoption. Non-Discrimination Pennsylvania law prohibits discrimination by employers, employment agencies, labor organizations and others on the basis of race, color, religious creed, ancestry, age or national origin. It does not as yet have the same protections on the basis of gender identity or sexual orientation. Pennsylvania House Bill 1400 and Senate Bill 761 were introduced on June 18, 2007 and April 12, 2007 respectively to amend the anti-discrimination policy to include the same protections on the basis of gender identity or expression and sexual orientation. The bills have been referred to committee and have not yet come to a vote. Many localities within the state, to include Philadelphia, Pittsburgh, and Harrisburg, have anti-discrimination policies on the basis of sexual orientation and/or gender identity, however it is unclear whether persons being discriminated have a method of taking action. Hate Crimes The Pennsylvania Hate Crimes legislation was amended in 2002 to extend to crimes committed against person due to their actual or perceived sexual orientation or gender identity. The law extends not only to acts of violence, but also other criminal activity to include stalking and attempted acts at violence. Sentencing is set at one level higher than whatever the usual maximum punishment for a crime would be. Gender Change Individuals in the state of Pennsylvania who wish to change their names due to gender identity change are permitted to do so by common usage or court order. Common usage law only requires that an individual uses their new name extensively and exclusively, granting the person the ability to use this new name in legal settings, however documentation will not change. Individuals wishing to change their name on official government documentation and identification may pursue a court ordered name change. In order to change one's gender on official documentation a note from a surgeon concluding that gender reassignment surgery has occurred may be required for certain documentation such as a new birth certificate. See: http://www.drbecky.com/birthcert.html Web Resources RHODE ISLAND As of January 25, 2008 Partnerships Rhode Island does not permit same-sex couples to marry and does not offer civil unions. It does offer some domestic partnership benefits (health insurance) to same-sex partners of state employees. For a time, it seemed that same-sex couples in Rhode Island might be legally recognized as partners in Rhode Island if they were married in Massachusetts. When Massachusetts first legalized same-sex marriage, then-Governor Mitt Romney instructed clerks to deny marriage licenses to same-sex couples from other states, citing a previously unenforced law from 1913 which denied couples a right to marry in Massachusetts if their marriage was not legal in their home state. In the Massachusetts case of Cote-Whitaker v. Department of Public Health, eight same-sex couples from other states challenged the state policy against out-of-state same-sex couples marrying, arguing that the policy was overbroad. On March 30, 2006, the Massachusetts Supreme Judicial Court ruled that same-sex couples from out-of-state could marry as long as their home states did not "expressly prohibit" same-sex marriage. Following the Cote-Whitaker decision, a number of Rhode Island couples were married in Massachusetts, and on February 20, 2007, Rhode Island Attorney General Patrick Lynch issued a statement that, although Rhode Island did not permit same-sex marriage, it would honor same-sex marriages legally performed out-of-state. Unfortunately, the celebration was not long-lived. In the case of Chambers v. Ormiston, a same-sex Rhode Island couple that had been married in Massachusetts sought a divorce in Rhode Island Family Court. On December 7, 2007, the Rhode Island Supreme Court ruled that Rhode Island does not recognize the Massachusetts marriage of a Rhode Island same-sex couple for the purpose of divorce. It is unclear how the interpretation of this case will affect the legal status of other same-sex Rhode Island couples married in Massachusetts. Adoption Rhode Island allows single people to adopt, but it is unclear whether same-sex couples can legally adopt or whether second-parent Adoptions are legal for same-sex couples. There is no explicit prohibition against same-sex Adoption, but there have also been no court cases affirming the right to adopt. Non-Discrimination In 2001, Rhode Island outlawed discrimination based on sexual orientation and gender identity in employment, credit, housing, and public accommodation. Hate Crimes The 2001 Rhode Island Hate Crimes legislation provides protection against violence based on sexual orientation, but not gender identity. Gender Change Rhode Island issues amended birth certificates with a letter from a surgeon testifying that the person has undergone Sex Reassignment Surgery (SRS). The SRS requirement prohibits those who cannot afford SRS or do not desire it from obtaining amended birth certificates. See: http://www.drbecky.com/birthcert.html Web Resources SOUTH CAROLINA As of January 25, 2008 Partnerships In November of 2006, 78% of South Carolina voters approved a referendum to create a constitutional amendment banning the performance or recognition of same-sex marriages or civil unions in the state. Adoption South Carolina allows single people to adopt children. South Carolina law is unclear as to whether same-sex couples can adopt or whether second-parent Adoption by a partner in a same-sex couple is permitted. These issues have yet to be brought to court. Non-Discrimination South Carolina's 2001 Non-Discrimination law protects against discrimination based on race, color, religion, sex, national origin, age, familial status, weight, and disability, but not sexual orientation or gender identity. Hate Crimes South Carolina has no Hate Crimes laws. Gender Change South Carolina does not issue new birth certificates to transgender people. With a court order for a name change and a letter from a surgeon regarding completed Sex Reassignment Surgery (SRS), the Department of Health will issue a card that can be attached to the original birth certificate, indicating change of name and sex. However, South Carolina will not change the sex on a driver's license, even with this card. See: http://www.drbecky.com/birthcert.html Web Resources SOUTH DAKOTA As of January 20, 2008 Partnerships South Dakota, at this time, does not recognize marriages between same sex couples, does not recognize marriage licenses for same sex couples, and does not recognize relationships for same sex couples. In 2006, an anti-gay marriage constitutional amendment passed at the ballots in the November elections. Adoption In South Dakota, any adult may adopt a child. However, second parent Adoptions are not yet permitted by law. Non-Discrimination The state currently has private employment protections based on sexual orientation and gender identity as well as public (state) employment protections based on sexual orientation, but not based on gender identity. Hate Crimes South Dakota's Hate Crimes law does not include gender identity or sexual orientation. Legal Sex Change According to the state, any amendment of a surname, first and middle name when affidavit already has been filed or any information requires an order from a court of competent jurisdiction. Many requirements bust be filled when regarding a court order name change including: The court order must order the South Dakota Department of Health or Vital Statistics to prepare the birth record to reflect the change. There must be enough information in the court order to identify the birth record as it is now such as: Name on the birth record, date of birth, mother's maiden name. The court order must list the incorrect data as listed on the record: Name and Gender. The court order must also have the correct data regarding name and gender as it should appear. The court order must be certified. The state recommends you seek legal counsel. See: http://www.drbecky.com/birthcert.html TENNESSEE As of January 22, 2008 Partnerships Tennessee does not legally recognize same-sex couples. A 1996 bill defined marriage as a "union of only a man and a woman." Adoption Tennessee allows single LGBT people to adopt. In a 2000 case, the grandparents of a child attempted to prohibit the Adoption of their grandchild by a lesbian. The court ruled that the sexual orientation of the adoptive parent could be considered in the case, but could not control the outcome. The woman was awarded custody (Adoption of M.J.S., 44 S.W.3d 41, 56-57, Tenn. Ct. App. 2000). There is no explicit prohibition in Tennessee law against same-sex couples adopting or against second-parent Adoption, but these issues have not been brought to court. Non-Discrimination Tennessee provides no protection against discrimination of any kind based on sexual orientation or gender identity. Hate Crimes The 2001 Tennessee Hate Crimes law covers sexual orientation, but not gender identity. Legal Sex Change Tennessee will change name, but not sex on a birth certificate. A court order of name change is required. The amended birth certificate will have the old name visibly struck over and the new name typed above it. See: http://www.drbecky.com/birthcert.html Web Resources TEXAS As of January 24, 2008 Partnerships A constitutional amendment banning same-sex marriage passed the Texas House and Senate and had the support of 76% of voters in 2005. The amendment defines marriage as a union of a man and woman and prevents the state from creating or recognizing any legal status for same-sex couples which is identical or similar to marriage. Texas does not provide same-sex couples with any partnership benefits and does not recognize the legal status of same-sex couples from other states. Adoption Texas Adoption law permits single LGBT people to adopt. There are no explicit prohibitions against same-sex couples adopting or against second-parent Adoption. However, same-sex and second-parent Adoptions have been challenged in court and the cases dismissed due to the statute of limitations on challenges, without any rulings on the validity of these Adoptions, leaving it open for future courts to strip LGBT people of their right to adopt. Non-Discrimination Texas Non-Discrimination laws do not address sexual orientation or gender identity. It is legal in Texas to discriminate against a person based on these factors. Hate Crimes The 2002 Texas Hate Crimes bill protects against violence based on a victim's sexual orientation, but not gender identity. Gender Change Texas law provides for sex change on a birth certificate with a court order indicating that Sex Reassignment Surgery (SRS) has taken place and a court order of name change. However, in the 1999 case Littleton v. Prange, a Texas Court of Appeals invalidated a six-year marriage of a post-operative transsexual woman and a biological man, stating that no surgery can change a person's sex in Texas and that marriage may take place only between a biological man and a biological woman. Some officials have refused to grant amended birth certificates, arguing that they do not have the right to issue these certificates and citing the Littleton case. See: http://www.drbecky.com/birthcert.html Web Resources UTAH As of January 27, 2008 Partnerships In 2004, citizens voted to pass Amendment 3 to the state Constitution, which prohibits same-sex marriage and does not allow the state to honor same-sex marriages from other states or countries. The amendment went even further to state that any other form of union between members of the same-sex should not be given rights similar to that of heterosexual marriage. In 2005, the mayor of Salt Lake City, Rocky Anderson extended employment and health benefits to city employees same-sex partners. This act was later petitioned by the Utah State Retirement Board, which governs health insurance benefits for the city, on the basis that it conflicted with Amendment 3 in giving rights to same-sex couples similar to that of heterosexual married couples. A Utah court later ruled that the city's extension of benefits to same-sex couples was lawful as health benefits were not considered a prerequisite of marriage. Adoption Although estimates show that 19% of Utah's estimated 4,307 same-sex couples raise children, current Utah Adoption laws prevents a person from designating their same-sex partner as a second parent if they are cohabitating. According to Utah state law (78-30-1), "a child may not be adopted by a person who is cohabiting in a relationship that is not a legally valid and binding marriage under the laws of this state". Furthermore, state legislature suggests that the optimal Adoption placement for a child should be a married heterosexual couple. For the 2008 state legislative session, House Bill 318 is being introduced by Representative Rebecca Chavez-Houck to lift the cohabitation restriction from Adoption law in the state, but will have no effect on law that gives heterosexual couples priority to adopt. Non-Discrimination Current state law in Utah does not protect sexual orientation or gender identity from employment discrimination. In the 2008 state legislative session, House Bill 89 will be introduced by Representative Christine Johnson to ban employment decisions made on the basis of sexual orientation or gender identity with religious organizations and small businesses exempted. Hate Crimes Current Hate Crimes legislation in Utah does not specifically list crimes committed against people based on sexual orientation or gender identity. However, it does enforce higher penalties for crimes that violate a person's civil rights. In 2006, an amendment to strengthen the Hate Crimes bill was passed, but only after "sexual orientation" was eliminated from the bill's language out of fear that first amendment rights would be reduced if it was passed in that form. Web Resources
VERMONT As of March 10, 2008 Partnerships Same-sex couples in Vermont are not permitted to marry, but can enter into civil unions, which provide all of the state-level rights and responsibilities of marriage, but not the federal rights. In the 1999 case of Baker v. Vermont, three same-sex couples sued for marriage rights. The Supreme Court ordered that the legislature pass a law to eradicate the legal inequality of denying marriage rights to same-sex couples. In 2000, the state legislature produced the first civil unions in the United States. A marriage equality bill, which would extend full marriage rights to same-sex couples in Vermont, was introduced into the state legislature in 2007. Adoption Vermont law permits single LGBT people to adopt, as well as same-sex couples, even if they are not in civil unions. Second-parent Adoptions by same-sex partners of single parents are also permitted. Non-Discrimination Both sexual orientation and gender identity are covered by Vermont's Non-Discrimination laws. As of 1992, it has been illegal to discriminate based on sexual orientation in public and private employment, public accommodations, education, housing, credit, and union practices. In 2004, Attorney General William H. Sorrell stated that Vermont anti-discrimination law covers gender identity as well. Hate Crimes Vermont recognizes Hate Crimes based on both sexual orientation and gender identity. Legal Sex Change Vermont will not issue a new birth certificate, but will amend the existing birth certificate with change of both name and sex. A court order for change of name, as well as a court order for change of sex, is required. The court order for change of sex may require a letter from a Sex Reassignment Surgeon. See: http://www.drbecky.com/birthcert.html Web Resources VIRGINIA As of February 22, 2008 Partnerships Virginia does not legally recognize same-sex couples. A 1997 bill passed by the legislature and signed into law by Governor Allen prohibits same-sex marriage. A new bill, Senate Bill 51, introduced on January 23, 2008, would allow governing bodies of localities that self-fund health insurance programs for employess to extend coverage to any class or persons mutually agreed upon by the locality and the policyholder, including same-sex partners. The bill has passed the Senate and will be introduced in the House. Adoption Single LGBT people are permitted to adopt in Virginia. Second-parent Adoptions and Adoptions by same-sex couples are not expressly prohibited, but have not been brought to court. In the 2007 case of Miller-Jenkins v. Miller-Jenkins, two women who had been in a civil union in Vermont split up and one moved to Virginia. The partner residing in Virginia sued for sole custody, using Virginia's anti-gay marriage law. The Virginia Supreme Court held that the women now share custody, recognizing that their former partnership in Vermont had produced the child. Non-Discrimination Virginia law currently offers no protection against discrimination based on sexual orientation or gender identity. Virginia House Bill 36, introduced on January 9, 2008, would amend fair housing law to prohibit discrimination in housing based on sexual orientation and gender identity. Hate Crimes Virginia's Hate Crimes laws do not recognize violence based on the sexual orientation or gender identity of the victim. Legal Sex Change As of 2005, Virginia will issue a new birth certificate with sex and name changed. A court order of name change and a notarized letter from the surgeon performing Sex Reassignment Surgery (SRS) are required. See: http://www.drbecky.com/birthcert.html Web Resources WASHINGTON As of March 10, 2009 Partnerships Same-sex couples are not permitted to marry in Washington state, but can enter into domestic Partnerships, which afford some of the rights and responsibilities of marriage. In 1998, a bill passed the state legislature defining marriage as a union between a man and a woman. In 2000, the Public Employment Benefits Board, urged by Governor Gary Locke, allowed state employees to being obtaining family health benefits for their same-sex partners. In 2007, the legislature passed a domestic partnership law. Domestic Partnerships allow couples to inherit property, administer estates, visit partners in the hospital, and receive the same power of attorney rights as married spouses. See: http://www.secstate.wa.gov/corps/domesticPartnerships/ Most recently, in 2008, a Domestic Partnership Expansion Bill has passed the House and Senate, and awaits only the signature of Governor Christine Gregoire. The new bill would grant 160 of the 400+ rights and responsibilities of married couples to domestic partners. These rights include nursing home visitation, veterans' benefits, community property and guardianship. The law also contains guidelines for dissolution (divorce) and recognizes domestic Partnerships and civil unions from other states. Adoption Washington law permits single LGBT people to adopt. There is no explicit prohibition against same-sex couples adopting or against second-parent Adoptions. Second-parent Adoptions hav |