Best Same Sex & LGBT Lawyers in Tempe

About Same Sex & LGBT Law in Tempe, United States

Same sex and LGBT law in Tempe, Arizona, is shaped by both federal protections and Arizona state laws. The legal landscape has evolved significantly in the past decade, with major changes such as the recognition of same sex marriage and increased protections against discrimination based on sexual orientation and gender identity. However, the laws are not always comprehensive or uniformly applied, making it important for LGBT individuals and couples to be aware of their legal rights and responsibilities, as well as potential limitations or areas where discrimination can still occur.

Why You May Need a Lawyer

There are many reasons why someone in the LGBT community in Tempe might need legal assistance. Common situations include:

• Seeking to protect parental rights in same sex relationships or custody matters
• Dealing with discrimination at work or in housing based on sexual orientation or gender identity
• Navigating family law matters such as adoption or divorce for same sex couples
• Addressing issues with name or gender marker changes on legal documents
• Accessing marital or partnership rights and benefits
• Seeking protection against harassment or hate crimes
• Planning estates and ensuring inheritance rights for same sex partners
• Understanding health care rights, including hospital visitation and medical decision making

An attorney with experience in LGBT law can help ensure that your rights are respected and guide you through processes that may contain unique legal challenges.

Local Laws Overview

In Tempe, LGBT rights are protected under a mix of city ordinances, state laws, and federal statutes. The City of Tempe has enacted local ordinances prohibiting discrimination based on sexual orientation and gender identity in employment, housing, and public accommodations. The state of Arizona, while recognizing same sex marriage, does not have statewide anti discrimination laws specifically protecting sexual orientation or gender identity. Federal laws, such as the Supreme Court's decision in Obergefell v. Hodges and Bostock v. Clayton County, offer important protections in marriage and employment respectively.

Transgender individuals in Tempe have the right to change their name and gender marker on legal documents, though the process can vary and may require court involvement or medical documentation. Hate crimes laws are also applicable, but they are primarily enforced at the federal level. Local law enforcement and social services continue to improve responses to LGBT issues, but legal support can be vital if someone faces discrimination or violence.

Frequently Asked Questions

Is same sex marriage legal in Tempe, Arizona?

Yes. Same sex marriage has been legally recognized in Arizona since 2014, following federal court decisions, and is protected nationwide following the Obergefell v. Hodges Supreme Court ruling in 2015.

Are employers in Tempe allowed to discriminate based on sexual orientation or gender identity?

No. The City of Tempe has ordinances prohibiting this type of discrimination, and federal law provides protections under the Civil Rights Act, as interpreted by the Supreme Court in Bostock v. Clayton County.

Can same sex couples adopt children in Arizona?

Yes. Arizona law allows for adoption by single LGBT individuals and by same sex couples, including step parent adoption if legally married.

How can transgender individuals change their name or gender marker in Arizona?

Transgender individuals can petition the court to change their name. Updating the gender marker on identity documents such as the driver's license or birth certificate typically requires medical documentation and a legal process.

Are hate crimes that target LGBT individuals prosecuted in Tempe?

Yes, hate crimes are prosecuted, though Arizona state law does not specifically list gender identity or sexual orientation. However, federal law does include these categories, and local law enforcement can work with federal authorities.

Does Arizona have a statewide law protecting against discrimination for LGBT individuals?

No, Arizona does not have comprehensive statewide anti discrimination laws for sexual orientation or gender identity, but Tempe does have city level protections.

Can same sex spouses receive health insurance and employment benefits?

Yes. Same sex spouses are entitled to the same health insurance and employment benefits as opposite sex spouses under federal law.

What should I do if I experience discrimination in housing or public places in Tempe?

You should document the incident and consider filing a complaint with the City of Tempe's Office of Diversity, City Human Relations Commission, or seek advice from an attorney experienced in LGBT rights.

Are LGBT students protected from bullying and discrimination in schools?

Federal law prohibits discrimination against students based on sex, which has been interpreted to include sexual orientation and gender identity. Some local school districts have additional policies to protect LGBT students.

How do I find legal support tailored to the LGBT community in Tempe?

You can contact local LGBT advocacy groups, the State Bar of Arizona's referral service, or legal clinics that specialize in LGBT issues for advice and referrals.

Additional Resources

• Tempe Office of Diversity
• City of Tempe Human Relations Commission
• LGBTQ+ Consortium (Phoenix metro area resource)
• Lambda Legal (national LGBT legal advocacy organization)
• Equality Arizona (statewide LGBT advocacy)
• State Bar of Arizona - Lawyer Referral Service
• Arizona Trans Youth and Parent Organization (support and resources for transgender individuals)

Next Steps

If you think you need legal help related to same sex or LGBT issues in Tempe, it is important to:

• Gather all relevant information and documents related to your issue
• Write down details of any incidents or challenges you are facing
• Contact a qualified local attorney who has experience with LGBT law
• Consider reaching out to one of the advocacy or support groups listed above for additional guidance and resources
• If there is a safety concern, seek immediate assistance from law enforcement or crisis services

Legal processes can be complex, especially when your case involves issues unique to LGBT individuals or families. A legal professional can help clarify your rights, assist with documentation, and support you through court or administrative proceedings, ensuring your interests are fully represented.