Best Same Sex & LGBT Lawyers in Indiana

About Same Sex & LGBT Law in Indiana, United States

Same sex and LGBT legal issues in Indiana have evolved considerably over the past decade. Federal law requires all states, including Indiana, to recognize same sex marriage and provide equal rights in many areas. However, LGBT individuals and couples in Indiana may still face unique legal challenges in areas such as discrimination, adoption, parental rights, healthcare, and more. Navigating these matters can be complicated due to the intersection between federal protections and Indiana's state laws.

Why You May Need a Lawyer

There are several common situations where individuals or couples in the LGBT community may benefit from the guidance of a qualified attorney:

• Facing discrimination in housing, employment, or public accommodations
• Navigating adoption, surrogacy, or parental rights as an LGBT parent
• Seeking to update legal documents such as wills, trusts, or powers of attorney to reflect a same sex relationship or gender identity
• Dealing with divorce, custody, or separation as a member of a same sex couple
• Experiencing harassment or hate crimes based on sexual orientation or gender identity
• Addressing issues related to healthcare decisions or hospital visitation rights
• Protecting personal privacy and rights in the workplace or schools
• Ensuring recognition of gender marker changes on identification documents

A lawyer can help people understand their rights, represent them in disputes, and ensure legal documents are properly prepared to protect their interests.

Local Laws Overview

Indiana law interacts with federal protections in ways that impact the LGBT community:

• Indiana must recognize same sex marriages for all legal purposes, following a 2015 United States Supreme Court ruling.
• State law does not explicitly protect against discrimination based on sexual orientation or gender identity in employment, housing, or public services, although some cities have local ordinances that provide protections.
• There are no statewide laws banning conversion therapy for minors.
• Transgender individuals may update the gender marker on state identification documents and birth certificates, but there are specific court procedures to follow.
• Second parent adoption is allowed, but courts may handle these cases differently from one county to another.
• No statewide hate crime laws specifically include gender identity, although sexual orientation has some coverage under certain statutes.
• Religious freedom laws in Indiana can sometimes be cited in cases involving LGBT rights, which may affect individual outcomes.

Because state protections can be limited or vary by county or municipality, it is important to know both your local and federal rights.

Frequently Asked Questions

Is same sex marriage legal in Indiana?

Yes, same sex marriage has been legally recognized in Indiana since 2014, and all rights and responsibilities of marriage apply equally to same sex and opposite sex couples.

Does Indiana have statewide anti discrimination protections for LGBT people?

Indiana does not have a statewide law that specifically protects people based on sexual orientation or gender identity in employment, housing, or public accommodations. However, some cities such as Indianapolis have local ordinances that provide protections.

Can a same sex couple jointly adopt a child in Indiana?

Yes, married same sex couples have the same rights as opposite sex couples to adopt children. Single LGBT individuals can also adopt. Certain legal procedures might differ by county.

Can transgender people change the gender marker on identification documents in Indiana?

Yes, transgender individuals can request a change to gender markers on driver’s licenses and birth certificates by meeting specific legal requirements and often presenting a court order.

Are there protections for LGBT students in Indiana schools?

While no statewide laws specifically address protections for LGBT students, some school districts have anti bullying policies that include sexual orientation and gender identity. Federal Title IX protections may also apply.

Can LGBT people be denied service by businesses in Indiana?

Indiana does not have a statewide law prohibiting discrimination based on sexual orientation or gender identity in public accommodations, but federal court rulings and some local ordinances may provide protection in certain situations.

Does Indiana allow second parent or stepparent adoption for same sex couples?

Yes, second parent and stepparent adoption is possible for same sex couples in Indiana, though requirements and practices may vary depending on the court.

Are there hate crime protections for LGBT people in Indiana?

Indiana law addresses hate crimes based on sexual orientation but does not specifically mention gender identity. Certain federal laws may still apply depending on the circumstances.

How can LGBT couples protect their rights with legal documents?

Wills, powers of attorney, health care directives, and parenting agreements can help LGBT couples secure their legal rights and make sure their wishes are respected.

What should I do if I experience discrimination or harassment?

If you face discrimination or harassment, document the incident and consider reaching out to a local attorney, advocacy group, or the local human rights commission for assistance and to explore next steps.

Additional Resources

Several organizations and government bodies offer support, information, or advocacy for LGBT individuals in Indiana:

• Indiana Youth Group - Support services and advocacy for LGBT youth
• Indiana Legal Services - May provide legal assistance for LGBT-related issues
• ACLU of Indiana - Focused on protecting the civil rights of all individuals, including LGBT people
• Indy Pride - Community resources and advocacy
• Lambda Legal - Provides information and may assist with cases impacting the LGBT community
• U.S. Equal Employment Opportunity Commission (EEOC) - Handles federal employment discrimination claims
• GLBT National Help Center - Offers national hotlines and information

Next Steps

If you are facing a legal issue related to same sex or LGBT matters in Indiana, consider the following steps:

• Assess the situation and gather any documents or correspondence related to your issue
• Contact a qualified attorney who has experience with LGBT legal matters in Indiana
• Consult local advocacy groups for guidance and referrals
• If immediate action is required and your safety is at risk, reach out to law enforcement or a crisis hotline
• Stay informed about your rights and updates to the law by following respected LGBT or legal advocacy organizations

Taking action early can help protect your rights and ensure you receive the legal support you deserve.