Best Same Sex & LGBT Lawyers in Hawaii

About Same Sex & LGBT Law in Hawaii, United States

Hawaii has long been recognized as a progressive state when it comes to the rights of the lesbian, gay, bisexual, and transgender (LGBT) community. The state was among the earliest in the nation to challenge and eventually recognize same sex marriage. Same sex couples have legal rights and protections equal to those of opposite sex couples, and discrimination based on sexual orientation or gender identity is prohibited in various areas, including housing, employment, and public accommodations. Although many legal hurdles have been addressed, people in the LGBT community may still face unique challenges that sometimes require specialized legal support.

Why You May Need a Lawyer

While Hawaii offers strong legal protections for LGBT individuals and same sex couples, you may encounter specific circumstances where legal assistance is crucial. Some common situations include:

• Pursuing marriage or civil union rights and ensuring related legal documentation is in order
• Navigating adoption or surrogacy processes as a same sex couple or LGBT individual
• Addressing discrimination in employment, housing, or education based on sexual orientation or gender identity
• Handling issues related to transgender legal rights, such as changing gender markers on identification documents
• Understanding benefits and rights related to health care, inheritance, and government programs
• Protecting yourself legally during divorce, separation, or child custody disputes
• Taking legal action in cases of hate crimes or harassment targeting LGBT individuals

Seeking advice from a knowledgeable attorney ensures you are informed about your rights and have support if you encounter discrimination or need help navigating complex legal matters.

Local Laws Overview

Hawaii law provides comprehensive protections to same sex couples and LGBT individuals. Here are key aspects of local laws that are particularly relevant:

• Marriage Equality: Hawaii has legally recognized same sex marriage since 2013. Same sex couples can marry and enjoy the same rights and benefits as opposite sex couples.
• Anti-Discrimination Laws: Hawaii law prohibits discrimination based on sexual orientation or gender identity in employment, housing, education, and public accommodations.
• Parental Rights: Same sex couples and LGBT individuals can adopt children and have the same parental rights and responsibilities as other families.
• Transgender Rights: Individuals can change the gender marker on Hawaii-issued identification documents without requiring surgery. The state also protects transgender individuals against discrimination.
• Hate Crimes: Hawaii law includes enhanced penalties for crimes committed against individuals because of their sexual orientation or gender identity.
• Healthcare Rights: Insurers in Hawaii are not allowed to discriminate against LGBT people. Transgender-related healthcare must be covered under many health care plans.
• Protections for Students: Schools are required to provide a safe environment for all students, including those who are LGBT, and are subject to strict anti-bullying laws.

Frequently Asked Questions

Is same sex marriage legal in Hawaii?

Yes, Hawaii has recognized same sex marriage since December 2013. Same sex couples have the same marriage rights and responsibilities as opposite sex couples.

Can same sex couples adopt children in Hawaii?

Yes, same sex couples and LGBT individuals are fully eligible to adopt children in Hawaii, either jointly or as a second parent within a marriage.

Are there protections against discrimination for LGBT individuals in Hawaii?

Absolutely. Hawaii law prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.

Can transgender individuals change the gender marker on their Hawaii-issued ID?

Yes. Transgender people can update the gender marker on their Hawaii birth certificate and state ID. Surgery is not required, but appropriate documentation is needed.

Are there legal protections for LGBT students in Hawaii schools?

Yes, schools must protect LGBT students from bullying and discrimination. State law requires anti-bullying policies and equal treatment for all students.

Does Hawaii recognize same sex marriages from other states or countries?

Yes, Hawaii recognizes valid same sex marriages performed in other states and countries.

What should I do if I experience discrimination because I am LGBT?

If you face discrimination, you can file a complaint with the Hawaii Civil Rights Commission or seek help from a qualified attorney who handles LGBT legal issues.

Can employers fire someone for being LGBT in Hawaii?

No. Employment discrimination based on sexual orientation or gender identity is illegal under Hawaii state law.

Are there legal barriers to accessing healthcare for transgender individuals in Hawaii?

Healthcare providers and insurers generally cannot discriminate against transgender people. Many health plans must cover medically necessary transgender health care.

Are hate crimes based on sexual orientation or gender identity prosecuted differently in Hawaii?

Yes, crimes targeting someone because of their sexual orientation or gender identity may result in enhanced penalties under Hawaii’s hate crimes laws.

Additional Resources

Individuals seeking legal guidance or support in Hawaii can turn to several helpful resources, including:

• Hawaii Civil Rights Commission - handles discrimination complaints and provides information about anti-discrimination laws
• ACLU of Hawaii - offers legal advocacy and information for LGBT rights
• Lambda Legal - provides resources and sometimes legal representation for LGBT individuals
• The LGBT Center Hawaii - offers support and connects clients with legal and social services
• American Bar Association's LGBT Resources - national directory for LGBT-friendly attorneys

Next Steps

If you believe your rights have been violated or you need legal assistance in an area related to same sex or LGBT law in Hawaii, consider the following steps:

• Document any incidents or issues, including relevant dates, places, and people involved
• Contact local resources such as the Hawaii Civil Rights Commission or support organizations for guidance
• Consult with an attorney experienced in LGBT law to review your case or situation
• Consider potential legal remedies, such as filing a formal complaint or pursuing court action if necessary
• Stay informed about your rights and any changes in local or national laws that could affect you

Taking timely action and seeking the right legal support can ensure your rights are protected and help you achieve the best possible outcome for your situation.