Best Same Sex & LGBT Lawyers in Maryland

About Same Sex & LGBT Law in Maryland, United States

Maryland is recognized as one of the more progressive states in the United States when it comes to legal rights and protections for members of the Same Sex and LGBT community. In 2012, Maryland voters approved same sex marriage, making it legal for same sex couples to marry and enjoy the same rights and responsibilities as opposite sex couples. The state has also enacted laws prohibiting discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and other key areas of life. Additionally, Maryland has taken several steps to support the LGBT community, including legal recognition for second parent adoptions, gender marker changes on identification documents, and protections for youth in schools.

Why You May Need a Lawyer

While Maryland laws are generally favorable for LGBT individuals and families, legal issues can and do arise that require the support of a specialized attorney. Some situations where you may need a lawyer include:

• Navigating divorce or dissolution of a same sex marriage
• Legal issues regarding child custody, adoption, or surrogacy for LGBT families
• Facing discrimination in employment, housing, education, or access to services based on sexual orientation or gender identity
• Assisting with legal name and gender marker changes on government documents
• Estate planning, including wills and powers of attorney, especially for non-traditional families
• Dealing with healthcare or hospital access rights for unmarried partners
• Responding to hate crimes or harassment targeting LGBT individuals

Local Laws Overview

Some of the key Maryland laws relevant to Same Sex and LGBT individuals include:

• Marriage Equality: Same sex marriage has been legal in Maryland since January 1, 2013, ensuring that same sex couples have equivalent rights, responsibilities, and benefits as other married couples.
• Non-Discrimination: Maryland prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and state programs, under the Maryland Fair Employment Practices Act and related statutes.
• Parental Rights: LGBT individuals can adopt children, and second parent adoption is available, enabling both partners in a same sex relationship to have legal parental rights.
• Transgender Rights: Maryland allows transgender individuals to amend gender markers on birth certificates, driver’s licenses, and other identification documents with appropriate documentation.
• Hate Crime Protections: Maryland law specifically includes protections against crimes motivated by the victim’s actual or perceived sexual orientation or gender identity.
• Youth Protections: Anti-bullying laws protect LGBT students from harassment and discrimination in schools.

Frequently Asked Questions

Is same sex marriage legal in Maryland?

Yes, same sex marriage has been legal in Maryland since January 1, 2013. All married couples, regardless of gender, have the same rights and responsibilities under state law.

Can LGBT individuals adopt children in Maryland?

Yes, LGBT individuals and couples are allowed to adopt children in Maryland. Second parent adoption is also available to ensure both partners have legal parental rights.

Does Maryland have laws protecting against discrimination based on sexual orientation or gender identity?

Yes, Maryland law prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodations, and state programs.

How can I change my gender marker on official documents in Maryland?

Transgender individuals can change their gender marker on Maryland driver’s licenses, birth certificates, and other documents with the required legal documents, such as a letter from a healthcare provider.

What protections exist for LGBT students in Maryland schools?

Maryland has anti-bullying laws that protect students from harassment based on sexual orientation or gender identity. Schools are required to create safe environments for all students.

Are there protections against hate crimes for LGBT individuals?

Yes, Maryland law includes protections for victims of hate crimes motivated by actual or perceived sexual orientation or gender identity. Penalties are enhanced for such offenses.

What rights do unmarried same sex partners have in Maryland?

Unmarried same sex partners may face limitations compared to married couples. Estate planning and legal agreements can provide some protections, so consulting a lawyer is important.

Can a same sex spouse receive health insurance benefits through their partner’s employer?

Yes, same sex spouses are entitled to the same spousal benefits, including health insurance, as opposite sex spouses under Maryland law.

If I experience discrimination, how can I file a complaint?

Complaints of discrimination can be filed with the Maryland Commission on Civil Rights, which investigates violations and works to resolve cases.

Are there specific protections for transgender healthcare in Maryland?

Maryland prohibits discrimination in healthcare based on gender identity. Many healthcare providers and insurers in Maryland are required to provide equal access to services for transgender individuals.

Additional Resources

If you need more information or support, the following organizations and agencies can help:

• Maryland Commission on Civil Rights: Handles complaints involving discrimination based on sexual orientation or gender identity.
• Free State Justice: Provides legal advocacy and direct services for Maryland’s LGBT community.
• GLBT Community Center of Baltimore: Offers support, resources, and community connections for LGBT individuals and families.
• Lambda Legal: National organization with resources and legal information for LGBT individuals in Maryland.
• National Center for Transgender Equality: Offers guidance on name and gender marker changes in Maryland.

Next Steps

If you are facing a legal issue related to Same Sex or LGBT matters in Maryland, consider taking the following steps:

• Assess your situation and identify the specific legal problem you are facing
• Document any relevant information, such as correspondence, notices, or incidents
• Contact a lawyer who specializes in Same Sex and LGBT legal issues in Maryland to discuss your case
• Reach out to relevant support organizations for additional guidance and advocacy
• Stay informed about your rights and available protections under Maryland law