Best Same Sex & LGBT Lawyers in Florida

About Same Sex & LGBT Law in Florida, United States

Same sex and LGBT law in Florida covers a wide range of legal issues impacting individuals who identify as lesbian, gay, bisexual, or transgender. Over recent years, significant changes at both federal and state levels have shaped how laws are applied in areas such as marriage equality, adoption, workplace rights, and more. Even though same sex marriage is legal across the United States, including Florida, the state still presents unique challenges and legal concerns for LGBT residents and their families. Understanding the local legal landscape is important for protecting your rights and navigating complex situations effectively.

Why You May Need a Lawyer

People in the LGBT community in Florida may need legal assistance for various reasons. Common situations include:

• Discrimination based on sexual orientation or gender identity in the workplace, housing, or public services
• Issues related to marriage, divorce, or dissolution of domestic partnerships
• Child custody, adoption, or parental rights protection for same sex couples
• Name and gender marker changes on legal documents
• Hate crimes or harassment
• Healthcare and visitation rights for same sex partners
• Access to public benefits or survivor rights after a partner’s death
• Addressing restrictive local ordinances or proposed legislation affecting the LGBT community

An attorney with experience in LGBT law can help you understand your rights, navigate the legal system, and advocate on your behalf in complex or stressful situations.

Local Laws Overview

Florida has made progress in recognizing the rights of same sex and LGBT individuals, but legal protection can vary depending on the issue and location within the state. Key aspects of local laws include:

• Marriage and Family: Same sex marriage has been legal in Florida since 2015, following the U.S. Supreme Court decision in Obergefell v. Hodges. Same sex couples have the right to marry, divorce, and adopt children.
• Anti Discrimination Protections: While federal law now offers some workplace protections, Florida state law does not have comprehensive statewide protections for sexual orientation and gender identity. Some municipalities, like Miami and Orlando, have local ordinances that offer additional protections.
• Parenting and Adoption: Same sex couples may adopt in Florida. Parental rights issues can be complex, especially when assisted reproductive technologies are involved.
• Gender Identity: Transgender individuals have the right to change the gender marker on Florida driver’s licenses and certain other state IDs, though requirements may vary.
• Religious Freedom Laws: Some laws permit religious organizations to refuse certain services to LGBT individuals. Legal guidance may be necessary to understand how these laws affect specific situations.
• Schools and Youth: Issues such as bullying, participation in activities, and access to facilities may be covered by local school policies or state guidance, which can change.

Since laws can frequently change and may differ by city or county, consulting with a knowledgeable lawyer is important for up to date legal advice.

Frequently Asked Questions

Is same sex marriage legal in Florida?

Yes. Same sex marriage has been legal in Florida since January 2015 and is recognized by the state and federal government.

Can same sex couples adopt children in Florida?

Yes. Adoption is available to both single and married LGBT individuals and couples throughout Florida.

Does Florida law protect against employment discrimination for LGBT people?

Federal law, through the Supreme Court’s decision in Bostock v. Clayton County, provides some protection. However, Florida law does not have a comprehensive statewide anti discrimination statute for sexual orientation or gender identity. Certain localities have their own protections.

What should I do if I am experiencing discrimination at work because of my sexual orientation or gender identity?

Document the incidents and consider contacting the Equal Employment Opportunity Commission (EEOC) or a qualified attorney to discuss your rights and possible next steps.

How can I change my name and gender marker on official documents in Florida?

You may petition the court for a legal name change and then apply to update your driver’s license and other IDs. The process for changing a gender marker varies and may require a letter from a medical provider.

Do LGBT parents have the same parental rights as non LGBT parents?

Yes. Both parents in a same sex marriage or legal partnership have parental rights, including custody and visitation. Legal steps such as second parent adoption may be recommended for extra protection.

Is conversion therapy for minors banned in Florida?

There is no statewide ban on conversion therapy for minors in Florida, though some cities and counties have local bans. Legal developments on this issue continue to evolve.

Are hate crimes against LGBT individuals prosecuted in Florida?

Florida hate crime laws include provisions that can apply to crimes motivated by a victim’s sexual orientation. However, not all authorities include gender identity, so cases can be complex.

Can religious organizations refuse services to LGBT people?

Some laws allow religious organizations to refuse certain services based on religious beliefs. Consult a lawyer for specifics about your situation and potential legal remedies.

What can I do if a school fails to protect my LGBT child from bullying?

Florida schools are required to address bullying. If a school fails to act, you can contact school administrators, file a complaint with the Florida Department of Education, or consult an attorney about further legal options.

Additional Resources

Individuals seeking legal or support services related to same sex and LGBT issues in Florida may find these resources helpful:

• Equality Florida - Advocacy and legal resources for LGBT rights
• American Civil Liberties Union (ACLU) of Florida - Legal assistance and civil rights advocacy
• Lambda Legal - National organization offering legal help and information for LGBT people
• Florida Commission on Human Relations - State agency handling discrimination complaints
• National Center for Lesbian Rights - Legal resources and support
• Florida Department of Children and Families - Information about adoption and family law
• Local LGBTQ+ community centers - Many provide legal clinics, counseling, and support

Next Steps

If you believe you need legal assistance regarding an LGBT or same sex legal matter in Florida, consider the following steps:

• Document all relevant facts, incidents, or communications related to your situation
• Research and select an attorney with experience in LGBT legal issues or civil rights law
• Contact local support organizations for guidance and referrals if needed
• Schedule a consultation with a legal professional to discuss your case and potential actions
• Take action as advised by your attorney, and remain proactive in following up on your case

Remember, every situation is unique, and laws can change. Consulting with an attorney knowledgeable in Florida and LGBT law is the best way to ensure your rights are protected and your questions are answered accurately.