Best Same Sex & LGBT Lawyers in Marietta

About Same Sex & LGBT Law in Marietta, United States

Same sex and LGBT law in Marietta, Georgia, is shaped by a combination of federal, state, and local statutes that protect or govern the rights of lesbian, gay, bisexual, and transgender individuals. While Supreme Court decisions have ensured certain fundamental rights for same sex couples and LGBT individuals across the United States, Georgia state law lacks some specific protections that might be found in other states. Local attitudes can also influence how laws are interpreted and enforced, making Marietta's legal landscape unique for LGBT residents and visitors.

Why You May Need a Lawyer

There are various situations where individuals in the LGBT community in Marietta may need legal guidance or representation. Some common scenarios include:

• Navigating family law issues such as same sex adoption, custody, or divorce
• Addressing discrimination at work, in housing, or in public accommodations
• Seeking protection from harassment, bullying, or hate crimes
• Composing or revising wills, medical directives, and estate planning documents
• Changing legal name and gender markers on identification documents
• Pursuing asylum or immigration help due to LGBT status
• Defending rights related to marriage recognition and spousal benefits

A lawyer experienced in LGBT issues can help ensure your legal rights are protected and help you understand your options under both state and federal law.

Local Laws Overview

Marietta, like the rest of Georgia, does not have comprehensive statewide protections for sexual orientation or gender identity in all areas. Here are a few key points about local law as it pertains to LGBT rights:

• Marriage: Same sex marriage is legal nationwide since 2015 following the Supreme Court ruling in Obergefell v. Hodges
• Employment: The Supreme Court’s Bostock v. Clayton County decision protects LGBT individuals from employment discrimination, but some gaps may remain under state law
• Housing: No explicit statewide protection exists, but some federal laws and local ordinances may offer limited safeguards
• Public Accommodations: Georgia has no statewide law explicitly preventing discrimination in public accommodations based on sexual orientation or gender identity
• Adoption and Parenting: LGBT individuals and same sex couples can adopt in Georgia, but legal challenges may still arise
• Hate Crimes: Georgia has a hate crimes law covering crimes motivated by sexual orientation (but not explicitly for gender identity)
• Transgender Rights: Changing legal gender on documents is possible, but processes can be complex and may require court involvement

Local advocacy and support organizations often play a role in bridging these legal gaps for LGBT residents of Marietta.

Frequently Asked Questions

Is same sex marriage legally recognized in Marietta?

Yes, same sex marriage is recognized throughout the United States, including Marietta, due to federal law.

Can I be fired for being LGBT in Marietta?

Federal law now prohibits most employers from firing employees solely for being LGBT, but pursuing a claim can involve complex legal processes.

Does Georgia protect against discrimination in housing for LGBT individuals?

Georgia does not have statewide housing protections for sexual orientation or gender identity, but federal laws and some local ordinances may provide help.

How can same sex couples adopt in Marietta?

Same sex couples in Georgia have the right to adopt, but it is important to follow all legal requirements and to obtain guidance for any specific challenges.

Can a transgender person change their legal name and gender in Marietta?

Yes, but changing your name and gender marker on official documents typically requires a court order and specific paperwork.

Are there hate crime protections for LGBT individuals in Marietta?

Georgia’s hate crime law covers crimes based on sexual orientation, but not specifically for gender identity.

What should I do if I face discrimination?

Consult an attorney to understand your rights and consider reporting to relevant agencies or advocacy groups for support and potential legal action.

How do I handle medical directives and estate planning as a same sex couple?

Work with an attorney to draft powers of attorney, wills, and other documents to ensure your wishes are respected regardless of marital status.

Are public accommodations legally required to serve LGBT individuals?

Georgia law does not explicitly require public accommodations to serve LGBT customers, but federal protections may sometimes apply.

Where can I get help if I am being harassed or bullied because of being LGBT?

You can seek help from law enforcement, local support organizations, and possibly the courts, depending on the situation. Legal advice is highly recommended.

Additional Resources

If you need legal advice, consider seeking support from the following organizations and governmental bodies that focus on LGBT rights:

• Lambda Legal
• Georgia Equality
• Atlanta Legal Aid Society
• American Civil Liberties Union of Georgia
• Out Georgia Business Alliance
• National Center for Lesbian Rights
• The Trevor Project (for crisis intervention and mental health support)
• Marietta Human Resources/Non-Discrimination Office
• Cobb County Bar Association (for lawyer referrals)

Next Steps

If you feel you need legal assistance regarding a same sex or LGBT matter in Marietta, start with the following steps:

1. Write down the details of your situation including dates, times, and relevant documents
2. Contact a qualified attorney with experience in LGBT law for an initial consultation
3. Reach out to advocacy organizations for support and potential referrals
4. Follow your attorney’s advice regarding next legal steps, such as filing complaints, gathering evidence, or drafting legal documents

Taking prompt action is important to protect your rights. Whether you're facing discrimination, pursuing family planning, or seeking legal recognition for your relationship or identity, professional legal help is available in Marietta to guide you.