Best Same Sex & LGBT Lawyers in Virginia

About Same Sex & LGBT Law in Virginia, United States

The legal landscape for same sex and LGBT individuals in Virginia has changed significantly over recent years. Once restrictive, the state now recognizes marriage equality and has enacted legal protections for LGBT residents in several areas of life. However, challenges remain, and legal nuances continue to affect the daily lives, rights, and responsibilities of LGBT Virginians. Navigating these laws requires a clear understanding of both state statutes and the interplay with federal protections. LGBT individuals and couples often face unique issues related to family law, employment, housing, healthcare, and personal security.

Why You May Need a Lawyer

Securing legal support is important for many reasons if you belong to the LGBT community or are in a same sex partnership. Here are some common situations where competent legal advice is crucial:

• Marriage, civil union, or domestic partnership matters
• Adoption, surrogacy, or parental rights issues
• Employment discrimination based on sexual orientation or gender identity
• Healthcare decision-making, such as establishing medical power of attorney
• Wills, trusts, estate planning, and inheritance concerns
• Name changes and gender marker changes on legal documents
• Divorce, separation, or dissolution of partnerships
• Protection from harassment, discrimination, or hate crimes
• School and educational discrimination or bullying
• Understanding your rights under new or changing laws

Having a legal expert can help ensure your rights are protected and that you receive the most accurate advice for your unique circumstances.

Local Laws Overview

Virginia abides by federal mandates, including the U.S. Supreme Court’s decision in Obergefell v. Hodges, which legalized same sex marriage nationwide in 2015. Since then, state-level statutes have both shifted and expanded to conform to federal law and provide additional protections.

Some of the key aspects of state and local law regarding LGBT individuals in Virginia include:

• Same sex marriage is fully recognized with the same rights and responsibilities as opposite sex marriages
• State law prohibits discrimination in public and private employment based on sexual orientation and gender identity
• Protections against housing discrimination based on sexual orientation or gender identity in most circumstances
• Second parent and step parent adoption is legal for same sex couples, though processes can vary by locality
• State vital records offices now provide guidance for legal name and gender marker changes
• Bullying and harassment policies in Virginia public schools include protections that cover LGBT students
• Hate crime statutes include enhancements for crimes motivated by sexual orientation but not yet consistently for gender identity - this can be subject to legislative change
• Conversion therapy for minors by licensed professionals is banned in Virginia

Despite these advances, gaps remain, particularly in areas such as protections for public accommodations and nuances of family law concerning parental rights. Consulting with an attorney is the best way to understand the current state of the law and how it applies to you.

Frequently Asked Questions

Is same sex marriage legal in Virginia?

Yes, same sex marriage has been legal in Virginia since 2014, and is fully recognized with all the same legal rights and benefits as opposite sex marriage.

Can same sex couples adopt children in Virginia?

Yes, same sex couples can adopt children in Virginia, both through agency and private adoptions, as well as through step parent and second parent adoption processes.

Are there protections against employment discrimination for LGBT individuals in Virginia?

Yes. Virginia law prohibits discrimination based on sexual orientation and gender identity in public and private employment.

Is housing discrimination based on sexual orientation or gender identity prohibited?

Yes. Virginia law makes it illegal to discriminate in most housing situations because of your sexual orientation or gender identity.

How can I change my legal name and gender marker in Virginia?

You can petition the state court for a legal name change and submit supporting documentation for amending gender markers on birth certificates and state IDs. The process can be complex, so legal guidance is recommended.

Are there protections for LGBT students in Virginia schools?

Virginia has anti bullying legislation and many school districts include protections for LGBT students. The Virginia Department of Education has issued guidelines supporting transgender and nonbinary students’ rights.

Is conversion therapy legal in Virginia?

No, licensed professionals in Virginia are prohibited from performing conversion therapy on minors.

Does Virginia law recognize parental rights for both parents in a same sex relationship?

Parental rights may depend on the legal relationship (biological or adoptive) and marital status. Adoption or court orders can secure legal rights for both parents, so it is important to complete all necessary legal steps.

Does Virginia law protect against discrimination in public places for LGBT people?

Protections against discrimination in public accommodations are not as comprehensive at the state level as for employment or housing, although federal law may offer some additional protections.

What should I do if I face discrimination or harassment in Virginia?

Document the incident, contact the appropriate authorities or fair housing/employment agency, and consult a lawyer who specializes in LGBT law to understand your options and rights.

Additional Resources

If you need information, support, or advocacy, consider connecting with these resources:

• Virginia Department of Human Rights - for filing discrimination complaints
• Equality Virginia - advocacy organization supporting LGBT Virginians
• Legal Aid Justice Center - offers legal services including for LGBT rights issues
• LGBTQ Helpline (provided by national and state non profit organizations)
• ACLU of Virginia - legal advocacy and support for civil liberties
• PFLAG chapters throughout Virginia for family and peer support

These organizations can offer guidance, advocacy, and direct legal assistance where needed.

Next Steps

If you believe you need legal assistance regarding a same sex or LGBT issue in Virginia, take these steps:

• Gather all documentation related to your situation, such as contracts, court orders, correspondence, and identification
• Identify the specific issue you face and what outcome you hope to achieve
• Reach out to a lawyer who is experienced in LGBT legal matters in Virginia
• If you do not have a lawyer, use one of the resources above to find legal help or a referral
• Do not delay action, as legal deadlines (such as for discrimination claims) may apply
• Prepare a list of questions and concerns to discuss with your attorney or advocate

Taking prompt, informed action with the help of a qualified legal professional is the best way to protect your rights and achieve the outcome you need.