Best Same Sex & LGBT Lawyers in Pennsylvania

About Same Sex & LGBT Law in Pennsylvania, United States

Same sex and LGBT law in Pennsylvania covers the legal rights, protections, and responsibilities for lesbian, gay, bisexual, and transgender individuals and couples. Over the years, legal recognition for LGBT rights has expanded in Pennsylvania, especially after federal changes such as the legalization of same sex marriage nationwide in 2015. While protections exist at the federal and state levels, Pennsylvania also has specific rules and practices related to family law, employment, housing, and public accommodations that affect LGBT individuals and families.

Why You May Need a Lawyer

Legal assistance can be crucial in various situations involving same sex and LGBT issues. Common scenarios include:

• Marriage and divorce for same sex couples
• Adoption, child custody, and parental rights for LGBT families
• Discrimination based on sexual orientation or gender identity at work, in housing, or in public spaces
• Name and gender marker changes on legal documents
• Protecting your rights in healthcare decision making, estate planning, or accessing partner benefits
• Bullying, harassment, or hate crimes
• Creating prenuptial or cohabitation agreements for same sex couples
• Immigration issues for bi national same sex couples

Navigating these situations can be complex, and a lawyer experienced in LGBT law can help protect your rights and provide advocacy for your specific circumstances.

Local Laws Overview

In Pennsylvania, both state and local laws affect LGBT residents. Key aspects include:

• Marriage and Partnerships: Same sex marriage has been legal in Pennsylvania since May 2014, following a federal court decision. Pennsylvania recognizes all legal marriages, regardless of gender, with the same rights and responsibilities.
• Adoption and Parenting: Same sex couples can adopt jointly, and second parent adoptions are allowed. However, matters such as parental rights and surrogacy can still present legal challenges for LGBT families.
• Employment Protections: Federal law, especially after the Supreme Court's 2020 Bostock decision, protects employees from discrimination based on sexual orientation and gender identity. Pennsylvania does not have a statewide law, but many cities and counties do offer local anti discrimination protections.
• Housing and Public Accommodation: Discrimination in housing and public services based on sexual orientation or gender identity may be addressed by local ordinances, but protections can vary by location within the state.
• Gender Marker and Name Changes: Pennsylvania allows changes to name and gender on many legal documents. The process can involve court orders and various forms, and a legal advocate can help manage requirements or challenges.
• Hate Crimes: Pennsylvania's hate crimes statute does not explicitly cover sexual orientation or gender identity, although federal law does.

Because both local and federal protections apply, and some cities and counties provide broader coverage than state law, legal guidance is often essential for Pennsylvania's LGBT residents.

Frequently Asked Questions

Is same sex marriage legal in Pennsylvania?

Yes. Same sex marriage has been legal since 2014, and same sex couples have the same marital rights and responsibilities as opposite sex couples in Pennsylvania.

Can same sex couples adopt children in Pennsylvania?

Yes. Same sex couples can adopt jointly, and second parent adoptions are permitted. Each case may have unique requirements, so consulting a family law attorney is recommended.

What are my rights if I experience discrimination at work due to my sexual orientation or gender identity?

Federal laws prohibit most employers from discriminating based on sexual orientation or gender identity. Many Pennsylvania cities and counties have local ordinances offering similar protections.

Are there protections against housing discrimination for LGBT individuals in Pennsylvania?

While statewide laws are limited, many local ordinances protect against housing discrimination. Federal law also offers some safeguards through the Fair Housing Act and HUD guidance.

How can I change my gender marker or name on identification documents in Pennsylvania?

A legal process is required to change your name or gender marker on state identification and records. This often involves forms, court orders, and updating records with appropriate state agencies.

Can I be denied services in a business due to being LGBT?

Some local ordinances in Pennsylvania forbid discrimination in public accommodations based on sexual orientation or gender identity. Federal law may also apply in certain scenarios.

What legal steps should same sex couples take when planning for healthcare and end of life decisions?

It is important to have documents such as healthcare powers of attorney, living wills, and advanced directives. These ensure your wishes are respected and your partner has legal authority in medical situations.

Does Pennsylvania's hate crime law protect LGBT individuals?

Pennsylvania's state hate crimes law does not explicitly protect on the basis of sexual orientation or gender identity, but federal hate crime laws do provide these protections.

Can businesses in Pennsylvania refuse to hire someone based on their gender identity?

Most employers cannot refuse to hire or fire someone based on their gender identity because of protections under federal law as interpreted by the Supreme Court.

Are transgender people able to access gender affirming healthcare in Pennsylvania?

Transgender individuals can access gender affirming healthcare, and insurers may be required to cover some procedures. However, accessibility can depend on your location, doctor, and insurance provider.

Additional Resources

If you need more information or assistance, consider the following resources:

• Pennsylvania Human Relations Commission - Oversees and enforces anti discrimination laws in Pennsylvania
• Local Human Relations Commissions - Many cities and counties have their own agencies for discrimination claims
• American Civil Liberties Union (ACLU) of Pennsylvania - Provides legal advocacy for LGBT rights
• LGBT Community Centers - Such as the Bradbury Sullivan LGBT Community Center in Allentown or the William Way LGBT Community Center in Philadelphia for support and information
• Lambda Legal - National organization offering legal help on LGBT issues
• Equality Pennsylvania - Statewide advocacy organization for LGBT rights
• Transgender Legal Defense and Education Fund - Offers guidance on name and gender marker changes

Next Steps

If you believe you need legal advice or representation regarding same sex and LGBT issues in Pennsylvania, follow these steps:

1. Identify the exact nature of your issue, such as discrimination, family law, or name change.
2. Collect any relevant documents, correspondence, and details related to your situation.
3. Reach out to a qualified attorney with experience in LGBT law in Pennsylvania. Many offer initial consultations to review your case.
4. Contact local or statewide advocacy organizations for guidance or referrals.
5. Consider filing a complaint with a relevant local, state, or federal agency if you experience discrimination or harassment.

Remember, legal rights and circumstances can change, so seeking advice from an attorney experienced in LGBT matters and Pennsylvania law is always the best way to protect your interests and ensure your rights are respected.