Best Same Sex & LGBT Lawyers in New Hampshire

About Same Sex & LGBT Law in New Hampshire, United States

New Hampshire is recognized as one of the more progressive states in the United States when it comes to legal rights for the LGBT community and same sex couples. Same sex marriage has been legal since 2010, and anti-discrimination protections extend to sexual orientation and gender identity in various areas of public life. New Hampshire's laws support equality in areas such as marriage, adoption, parenting, and employment, aiming to provide a welcoming environment for LGBT individuals. However, knowing your rights and staying informed about the legal landscape will help you navigate challenges that may arise.

Why You May Need a Lawyer

Legal issues affecting LGBT individuals and same sex couples can be complex. You may need to consult with a lawyer in situations such as:

• Family law matters including marriage, divorce, adoption, or custody disputes.
• Discrimination in employment, housing, or public accommodations based on sexual orientation or gender identity.
• Issues related to name and gender marker changes on legal documents.
• Creating or updating wills, trusts, and other estate planning documents specific to same sex couples.
• Securing health care directives and medical decision-making rights.
• Concerns regarding bullying or harassment in educational or workplace settings.
• Protecting privacy and confidentiality, especially concerning HIV status or transition information.
• Immigration matters involving same sex spouses or partners.

An experienced attorney can help you understand your rights, navigate court procedures, and advocate on your behalf.

Local Laws Overview

Several key laws in New Hampshire are particularly relevant to LGBT individuals and same sex couples:

• Same Sex Marriage: Legal since 2010, with full recognition of marriage rights for same sex couples.
• Anti-Discrimination Protections: State law prohibits discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations.
• Adoption: Same sex couples have the same rights to adopt as opposite sex couples.
• Parental Rights: Both parents in a same sex marriage are recognized as legal parents to children born or adopted into the marriage.
• Transgender Rights: Laws allow for changes to the gender marker on birth certificates and drivers licenses without surgery requirements.
• Bullying and School Safety: New Hampshire has specific laws protecting students from bullying and harassment based on sexual orientation and gender identity.
• Hate Crimes: Enhanced penalties exist for crimes motivated by bias against sexual orientation or gender identity.

Although the law provides these protections, enforcement and procedures can be complicated, making legal guidance important in some situations.

Frequently Asked Questions

Is same sex marriage legal in New Hampshire?

Yes, same sex marriage has been legal in New Hampshire since 2010, and marriages are fully recognized under state law.

Does New Hampshire protect against discrimination based on sexual orientation or gender identity?

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

Can same sex couples adopt children in New Hampshire?

Same sex couples have the same adoption rights as different sex couples, including joint adoption and second parent adoption.

How does New Hampshire handle changes to gender markers on legal documents?

Transgender individuals can change the gender marker on their state issued identification and birth certificate. The process does not require evidence of surgery.

Are there bullying protections for LGBT students in New Hampshire schools?

Yes, schools are required to protect students from bullying and harassment based on sexual orientation, gender identity, or gender expression.

What should I do if I experience discrimination based on being LGBT in New Hampshire?

You can file a complaint with the New Hampshire Human Rights Commission or consult a lawyer for advice on how to proceed with your case.

Are there hate crime protections for LGBT individuals?

Yes, hate crimes motivated by sexual orientation or gender identity are subject to enhanced penalties under state law.

Can same sex couples create legally binding estate planning documents in New Hampshire?

Yes, same sex couples can create wills, trusts, power of attorney, and health care directives just like any other couple.

How are parental rights handled for same sex parents?

If a child is born or adopted into a marriage or civil union, both spouses are typically recognized as legal parents under New Hampshire law.

Where should I turn if my rights are violated?

Consider contacting the New Hampshire Human Rights Commission, legal aid organizations, or a private attorney specializing in LGBT rights.

Additional Resources

The following resources can be helpful if you need information or support regarding LGBT legal issues in New Hampshire:

• New Hampshire Human Rights Commission - Handles discrimination complaints and provides information about state laws.
• GLAD Legal Advocates & Defenders - Regional legal organization focused on LGBTQ+ rights.
• LGBTQ+ Resource Centers and local organizations - Offer support services, legal clinics, and community referrals.
• National Center for Lesbian Rights (NCLR) and Lambda Legal - Provide legal information and sometimes support cases in New Hampshire.

Next Steps

If you believe you need legal assistance regarding same sex or LGBT issues in New Hampshire, consider the following steps:

• Gather documentation related to your situation, such as marriage certificates, correspondence, and notes about incidents of discrimination.
• Research knowledgeable local attorneys who specialize in LGBT law and family law.
• Contact the New Hampshire Human Rights Commission if you wish to report discrimination.
• Reach out to local or regional LGBT organizations for support and referrals.
• Schedule a consultation with an attorney to discuss your concerns and outline your legal options.

Taking prompt action and seeking reliable legal advice can help protect your rights and ensure the best outcome for your situation.