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LGBTQIA+ Discrimination
San Bernardino Sexual Orientation Discrimination Attorneys
California is one of the most progressive states when it comes to Lesbian, Gay, Bisexual and Transgender (LGBTQIA+) rights. For decades, the state has been a leader in paving the way for equal protection under state laws for LGBTQIA+ individuals. From the legalization of gay marriage, to hate crime protection, California has enacted several laws to protect the LGBTQIA+ community against sexual orientation discrimination.
Employment and Housing Discrimination
As employees or tenants, LGBTQIA+ individuals are protected from discrimination under several state laws. For example, the Fair Employment and Housing Act (FEHA) prohibit California employers and landlords from discriminating against employees and tenants due to their sexual orientation, gender, gender identity, and/or gender expression. The Civil Rights Housing Act of 2006, Gender Nondiscrimination Act, and Equal Benefits in State Contracting laws also protect LGBTQIA+ employees and tenants.
Workplace Discrimination
LGBTQIA+ workers are highly motivated, have excellent attendance records and make a positive impact on the people they work with. And yet, all too often, LGBTQIA+ Discrimination exists in the workplace.
If you have been subjected to discrimination regarding your sexual orientation or gender in San Bernardino County, Riverside County, Los Angeles County, San Diego County, and other parts of Southern California, contact our law office for a consultation. We provide compassionate legal representation to LGBTQIA+ individuals against sexual orientation discrimination.
READ ON TO LEARN MORE ABOUT CALIFORNIA STATE LAWS THAT PROTECT LGBTQIA+ INDIVIDUALS
Same-Sex Marriage
Marriage is central to personal identity, dignity, and autonomy. Thus, it is a fundamental right that currently has strong protections under the Fourteenth Amendment, both independently and through its connection to related fundamental rights regarding child-rearing, procreation, and education.
Under the U.S. Supreme Court’s interpretation of the Fourteenth Amendment of the U.S. Constitution, all states must license a marriage between two people of the same sex and recognize such a marriage if it was lawfully licensed and performed in another state.
Current Status
- Marriage Equality: Same-sex couples currently have the freedom to marry in all 50 states and five U.S. territories.
- Other Recognition: Some states also offer comprehensive relationship recognition options like civil unions or domestic partnerships, which provide some, though not all, of the legal benefits and protections of marriage.
- Challenges: Despite nationwide marriage equality, LGBTQIA+ individuals continue to face legal challenges, including the passing of targeted religious exemption laws in some states that allow individuals to refuse to participate in same-sex wedding ceremonies or provide related services.
Key Legal Precedents and Legislation
- Obergefell v. Hodges (2015): This landmark U.S. Supreme Court decision ruled that the fundamental right of same-sex couples to marry is guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution.
- This ruling invalidated all remaining state bans on same-sex marriage, effectively legalizing it in all 50 states and requiring states to honor out-of-state same-sex marriage licenses.
- Impact on Gender Identity: The ruling also affects transgender and nonbinary people, as it prevents states from restricting marriage based on gender. A valid marriage remains valid even if a spouse transitions or if a state does not fully recognize their gender.
- The Defense of Marriage Act (DOMA):
- Section 3 of DOMA, which barred the federal government from recognizing same-sex marriages, was struck down in the 2013 Supreme Court case United States v. Windsor.
- The remainder of DOMA, including the section that allowed states not to recognize same-sex marriages from other states, was formally repealed and replaced by the Respect for Marriage Act in 2022.
- Respect for Marriage Act (2022): This federal law codifies the requirement that the federal government, and states in many circumstances, recognize any marriage legally performed in another state, regardless of the sex, race, ethnicity, or national origin of the spouses. However, it does not require any state to issue new marriage licenses to same-sex couples if Obergefell were ever overturned.
These Court rulings have positively impacted the rights of the LGBTQIA+ community, the government’s role in structuring families, and the relationship between the institution of marriage and religion and morality. However, since the State and Federal Laws on this issue are subject to continued legal disagreement, it is important that you seek the advice of qualified legal counsel if you feel your rights have been violated.
If you have been denied the right to marry in California as a member of the LGBTQIA+ Community, contact the LGBTQIA+ Discrimination Attorneys at SANFORD A. KASSEL, A Professional Law Corporation, for a consultation. We provide legal advice and guidance to members of the LGBTQIA+ Community throughout San Bernardino County, and all of State of California.
Adoption and Family Planning Rights
The right of LGBTQIA+ individuals and couples to build families is protected across the U.S., though the legal landscape, particularly concerning parental recognition and non-discrimination in child welfare, still varies significantly by state.
Legal Status of Adoption and Foster Care
- California Right to Adopt: In 2003, LGBT individuals and same-sex couples received the right to legally adopt children under California State Law.
- Uniform Parentage Act (UPA) of 2017: California is one of the states who has enacted the UPA. This Act updates the state laws to provide a uniform legal framework for establishing parent-child relationships for diverse families, including same-sex couples.
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Nationwide Right to Adopt: Adoption by same-sex couples and individuals is legal in all 50 states. The final state ban was struck down in 2016, following the Supreme Court’s 2015 Obergefell v. Hodges ruling on marriage equality, which determined that prohibiting adoption by same-sex couples violates the U.S. Constitution’s Due Process and Equal Protection Clauses.
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Discrimination Challenges: Despite the right to adopt, LGBTQIA+ prospective parents can still face discrimination. Some states have passed religious exemption laws that allow private, state-funded child placing agencies to refuse to place children with LGBTQIA+ families based on the agency’s religious beliefs [Source 1.6].
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Second-Parent Adoption is Crucial: For married or unmarried non-biological parents, second-parent (or stepparent) adoption is highly recommended and available in all states [Source 2.3]. This legally secures the non-biological parent’s rights and protects the family against potential legal challenges in the event of divorce or death, as marriage alone is not always sufficient to guarantee parentage in every situation [Source 1.4].
Assisted Reproductive Technology (ART) and Surrogacy
LGBTQIA+ family building frequently involves Assisted Reproductive Technology, and legal clarity for these paths varies greatly by state:
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Parentage Recognition: Many states extend the marital presumption of parentage to children born to married same-sex couples, meaning both spouses are automatically recognized as legal parents [Source 2.3]. However, some states still resist applying this to same-sex couples, particularly for children conceived via donor insemination or surrogacy [Source 2.5].
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Surrogacy Laws: Laws governing gestational surrogacy (where the carrier is not genetically related to the child) are determined by the state where the surrogate resides and vary widely.
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Many surrogacy-friendly states allow for a pre-birth order that recognizes both intended parents as legal parents, regardless of genetic connection or marital status.
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In other states, only the genetically connected parent may obtain a pre-birth order, requiring the non-genetic parent to complete a potentially lengthy and costly second-parent adoption after the child’s birth.
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Recommended Legal Protections and Planning
Given the inconsistencies in state laws, legal experts strongly advise that LGBTQIA+ families take proactive steps to secure their legal rights:
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Obtain a Court Order: A court order recognizing parentage, such as a final adoption decree or parentage judgment, must be recognized in every state, even if laws change later [Source 1.2].
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Parenting Agreements: Unmarried couples should create cohabitation or relationship agreements and parenting agreements to document their shared intent to raise a child and outline responsibilities, which can be persuasive in custody disputes [Source 3.7].
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Estate Planning: All parents should have a Will (to nominate a guardian for minor children), a Durable Power of Attorney for Health Care, and a Living Trust to protect their family and ensure their wishes are followed [Source 3.3].
The Uniform Parentage Act (UPA) of 2017, offers comprehensive protections for LGBTQIA+ parents but has only been adopted by a few states. Would you like to know which states have adopted the UPA?
If an adoption agency denies you or your spouse the right to adopt a child based on your sexual orientation or gender, contact us to learn about your available legal options.
Hate Crime Protection
California Penal Code, Section 13023 provides protection to one’s sexual orientation if they are subjected to hate crimes. Under this section, a hate crime is defined as a “criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: … 2) gender,… [or] 6) sexual orientation. Hate crime perpetrators can be subject to serving extensive jail/prison sentence for inflicting a hate crime on an LGBTQIA+ person.
Fair Education Act
California’s Education Code, Section 51204.5 specifically prescribes the inclusion of LGBT lifestyles to be in educational textbooks and curricula throughout public schools. Schools are prohibited from sponsoring negative activities that prohibit teaching students about LGBT lifestyles.
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Contact Our LGBTQIA+ Discrimination Attorneys
You don’t have to go it alone. If you feel as though you or a loved one has been discriminated against based on sexual orientation or gender, contact our LGBTQIA+ Attorney for a consultation. We provide compassionate and aggressive legal representation to LGBTQIA+ individuals located throughout the State of California.
Before quitting a job, it is helpful to discuss your untenable work-related issue with a qualified Employment Attorney. Know your legal rights in the workplace. Contact the law office of SANFORD A. KASSEL, A Professional Law Corporation, to speak with one of our highly-trained and trusted LGBTQIA+ Discrimination Attorneys. There is no cost to you for the initial consultation. We will answer your questions, and give you an honest assessment of your case.
We work with a team of top-notch legal experts to ensure that each client has the best possible representation. We can help you sort through the issues of this difficult situation, and advise you what the best course of action will be. Let the highly-experienced legal team at SANFORD A. KASSEL, A Professional Law Corporation, help you safeguard your rights and achieve the justice you deserve.