Best Same Sex & LGBT Lawyers in Louisiana

About Same Sex & LGBT Law in Louisiana, United States

Same sex and LGBT law in Louisiana addresses legal issues and protections involving lesbian, gay, bisexual, transgender, and queer individuals. While federal law, including the Supreme Court's 2015 ruling in Obergefell v. Hodges, guarantees marriage equality nationwide, states like Louisiana may still present unique legal challenges for LGBT people. Common topics include marriage rights, adoption, workplace protections, discrimination, and access to public services. Louisiana has historically been slower than some other states in enacting comprehensive protections based on sexual orientation or gender identity, resulting in a complex legal environment for LGBT residents.

Why You May Need a Lawyer

There are several situations in which individuals within the LGBT community in Louisiana may benefit from legal guidance or representation. Marriage and family law matters, such as marriage, divorce, child custody, adoption, and parental rights, frequently present unique challenges for same sex couples. Discrimination at work, in housing, or in access to services and accommodations can also lead to the need for legal intervention. Issues related to transitioning or legal name and gender marker changes for transgender individuals may require legal assistance as well. Navigating these complex areas is often easier and more effective with the help of a knowledgeable attorney who understands both state and federal LGBT legal issues.

Local Laws Overview

Louisiana's legal landscape regarding LGBT rights is shaped by both state and federal laws, sometimes resulting in uncertainty for residents. Key aspects include:

• Marriage and Divorce: Same sex marriage is legal statewide, but some family law matters remain complicated, especially for couples married elsewhere or before 2015.
• Parenting and Adoption: Adoption by same sex couples is legal, but some agencies may attempt to restrict placements. Legal advice is important in contested cases.
• Discrimination: Louisiana does not have comprehensive statewide protections banning discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations. Some local ordinances provide limited protections, and federal laws may apply.
• Hate Crimes: Louisiana's hate crime laws cover sexual orientation but do not explicitly include gender identity.
• Name and Gender Marker Changes: Transgender individuals may change the gender marker on official documents but must follow specific legal procedures.
• Public Accommodations: It can be legal in much of Louisiana for businesses to refuse service based on sexual orientation or gender identity, unless certain local or federal rules apply.

Frequently Asked Questions

Is same sex marriage legal in Louisiana?

Yes. Same sex marriage has been legal in Louisiana since 2015 following the U.S. Supreme Court ruling in Obergefell v. Hodges. All marriages are treated equally under law.

Can same sex couples adopt children in Louisiana?

Yes. Married same sex couples and individuals are permitted to adopt in Louisiana. However, some private agencies may impose restrictions, so legal advice is often needed.

Are there protections against employment discrimination for LGBT workers in Louisiana?

Louisiana does not have statewide protections, but federal law under the Supreme Court's 2020 Bostock v. Clayton County decision bans employment discrimination based on sexual orientation or gender identity.

Can landlords refuse to rent to someone based on sexual orientation or gender identity?

State law does not prohibit this form of discrimination. Some federal and local protections may apply in certain places. Consulting a lawyer can clarify your rights.

How can a transgender person legally change their name and gender marker in Louisiana?

A legal petition must be filed with a court for a name change. Gender marker changes for Louisiana birth certificates require court orders, medical documentation, and compliance with state procedures.

Does Louisiana law consider attacks against LGBT people hate crimes?

State law includes sexual orientation but not gender identity within hate crime protections. Federal hate crime laws may also apply.

What should I do if I face discrimination at work or in public?

Document the incident, seek support from local or national organizations, and consult a lawyer to understand your options under current law.

Are there any cities in Louisiana with broader LGBT protections?

Some cities such as New Orleans and Shreveport have enacted local ordinances that provide additional protections against discrimination for LGBT people.

Can a same sex couple get divorced or resolve custody issues just like any other couple in Louisiana?

Yes, but some unique issues related to parentage and adoption may arise. These matters can be complex and legal counsel is often necessary.

Do Louisiana schools have to protect LGBT students from bullying and harassment?

Public schools are required to address bullying, but there are limited statewide policies specific to LGBT protections. Federal Title IX protections may offer some recourse.

Additional Resources

If you need information, support, or legal assistance related to LGBT issues in Louisiana, consider these helpful organizations and governmental contacts:

• Louisiana Trans Advocates
• Forum for Equality Louisiana
• American Civil Liberties Union (ACLU) of Louisiana
• Lambda Legal - Southern Regional Office
• New Orleans LGBT Community Center
• LA Department of Health, Vital Records Registry (name and gender marker changes)
• Human Rights Campaign (HRC) Resources for Louisiana

Next Steps

If you believe your rights have been violated, or if you are facing a legal issue related to your sexual orientation or gender identity, the following steps can help:

• Document all relevant events and gather evidence or communications related to your issue.
• Contact one of the above organizations for guidance or initial support.
• Consult with an attorney knowledgeable in same sex & LGBT issues in Louisiana. Many offer initial consultations to discuss your circumstances.
• Familiarize yourself with local ordinances and federal protections that may apply in your city or parish.
• Act quickly, as there may be deadlines for filing complaints or taking other legal action.

Having expert legal advice can make a significant difference. Take steps to protect your rights and seek support when needed.