Best Same Sex & LGBT Lawyers in Georgia

About Same Sex & LGBT Law in Georgia, United States

Same sex and LGBT law in Georgia, United States, refers to statutes, regulations, and legal decisions that affect lesbian, gay, bisexual, transgender, and queer individuals. While federal court rulings have established key rights for LGBT people nationwide, local state laws and policies in Georgia can vary regarding marriage, employment, family matters, and discrimination protection. Georgia recognizes same sex marriage and allows LGBT individuals to enjoy many of the same federal rights as heterosexual residents. However, challenges and gaps remain in the areas of discrimination protections and state-level recognition of rights for transgender people and non-heterosexual couples.

Why You May Need a Lawyer

LGBT individuals and same sex couples often face legal issues that require the help of an experienced lawyer. Some common scenarios include:

• Discrimination in the workplace, housing, education, or public accommodations
• Issues regarding the right to marry, divorce, or dissolve a civil union
• Challenges with adoption, parenting rights, or surrogacy as an LGBT person or couple
• Transgender legal matters, including name and gender marker changes on official documents
• Setting up wills, powers of attorney, and medical directives for same sex partners
• Dealing with hate crimes or harassment because of sexual orientation or gender identity
• Access to transgender health care and insurance rights
• Protecting parental rights during custody disputes

A lawyer knowledgeable in LGBT law can help protect your rights and guide you through Georgia’s specific legal landscape.

Local Laws Overview

Georgia law is shaped both by federal decisions and state-specific statutes. Same sex marriage has been legal in Georgia since the 2015 Supreme Court decision in Obergefell v. Hodges. However, state law does not broadly prohibit discrimination based on sexual orientation or gender identity outside of certain areas such as employment for federal government contractors or under local ordinances in some cities.

Key aspects of Georgia law relevant to LGBT individuals include:

• Marriage equality is fully recognized but spousal benefits and parental rights may require legal action for recognition in some cases
• There is no comprehensive statewide law protecting against discrimination based on sexual orientation or gender identity in employment, housing, or public services
• Adoption by same sex couples is legal, but complications may arise, especially in cases of second parent adoption
• Some cities and counties, including Atlanta, have local ordinances that offer wider protections
• No Georgia law expressly addresses conversion therapy for minors or transgender rights in schools, though federal court rulings may provide certain protections

Because Georgia has limited state protections, many LGBT individuals in Georgia rely on a combination of federal rights and local ordinances to safeguard their interests.

Frequently Asked Questions

Is same sex marriage legal in Georgia?

Yes, same sex marriage is fully legal in Georgia due to the 2015 Supreme Court decision. Same sex couples have the same marriage rights as heterosexual couples.

Can LGBT employees be fired for their sexual orientation or gender identity in Georgia?

Federal law, following the 2020 Supreme Court decision in Bostock v. Clayton County, prohibits most employers from discriminating based on sexual orientation or gender identity. However, Georgia does not have a comprehensive state antidiscrimination law covering all workplaces.

Are there protections against housing discrimination for LGBT individuals in Georgia?

There is no statewide law specifically protecting against housing discrimination based on sexual orientation or gender identity. Some local jurisdictions may offer protections, and federal law may apply in some cases.

Can same sex couples adopt children in Georgia?

Yes, both joint and second parent adoption by same sex couples are legal, but the process can be complex and legal guidance is recommended.

How can transgender individuals change their name or gender marker on legal documents in Georgia?

It is possible to legally change your name in Georgia through the court system. Changing the gender marker on a birth certificate or driver’s license involves additional steps and may require a court order and medical documentation.

Am I protected from discrimination in public accommodations in Georgia?

Georgia state law does not expressly prohibit discrimination in public accommodations based on sexual orientation or gender identity. Certain local ordinances in places like Atlanta may provide protections.

Does Georgia law allow hate crime charges for offenses motivated by sexual orientation or gender identity?

Yes, Georgia has a hate crimes law that allows for enhanced sentencing if an offense is motivated by the victim’s sexual orientation or gender identity.

Can LGBT couples create wills and medical directives?

Yes, any adult in Georgia can create legal documents such as wills, powers of attorney, and healthcare directives. LGBT individuals are strongly encouraged to have these documents in place.

How can I report discrimination or harassment?

Depending on your location and the type of discrimination, you may report the issue to a local civil rights office, federal Equal Employment Opportunity Commission, or through legal counsel familiar with LGBT rights in Georgia.

Are there specific protections for LGBT students in Georgia schools?

No specific statewide protections exist, but federal law and some local school district policies may provide rights and protections for LGBT students. Consulting with an attorney can help you understand your options.

Additional Resources

If you are seeking information or support regarding LGBT legal rights in Georgia, the following resources may be helpful:

• Georgia Equality - Advocacy group focused on policy and legal issues affecting LGBT Georgians
• The Human Rights Campaign (HRC) - National organization with local resources and guides for Georgia residents
• American Civil Liberties Union (ACLU) of Georgia - Offers legal support and guidance in civil rights and discrimination cases
• Atlanta Legal Aid Society - Provides legal assistance, including for LGBT related issues
• PFLAG Georgia chapters - Support network for LGBT individuals and their families with information on legal and social matters
• Georgia Commission on Equal Opportunity - Resource for reporting certain types of discrimination

Next Steps

If you need legal assistance regarding same sex or LGBT issues in Georgia:

• Write down the facts and timeline of your situation
• Gather relevant documents including marriage, adoption, employment, or healthcare records
• Contact a lawyer or a legal aid organization experienced in LGBT law in Georgia
• Ask about a confidential consultation to assess your rights and next legal steps
• Take prompt action as many legal rights have deadlines for filing complaints or claims

Remember, experienced legal counsel can help you navigate the complexities of the law and advocate for your rights. Do not hesitate to seek support from trusted advocates or community organizations if you feel your rights have been violated.