Best Same Sex & LGBT Lawyers in Wyoming

About Same Sex & LGBT Law in Wyoming, United States

Wyoming, often referred to as the Equality State, has a unique history when it comes to legal rights and protections for the LGBT community. While same sex sexual activity has been legal in Wyoming for decades, and same sex marriage has been recognized since 2014 after federal court decisions, the state’s laws regarding discrimination protections and family rights for LGBT individuals are more limited compared to some other states. Navigating these nuanced legal landscapes can be challenging, which makes understanding both state and federal protections essential for LGBT individuals and couples living in Wyoming.

Why You May Need a Lawyer

LGBT individuals and same sex couples may encounter a variety of legal issues where a lawyer’s expertise can be essential. Common situations include:

• Marriage and divorce for same sex couples, including property division and spousal support issues
• Parental rights, such as adoption or child custody in same sex relationships
• Employment discrimination based on sexual orientation or gender identity
• Accessing health care benefits as a same sex couple
• Dealing with housing discrimination or harassment
• Ensuring legal recognition of relationships, including wills, trusts, and medical advance directives
• Protecting oneself from hate crimes and seeking justice when such incidents occur
• Issues around transgender rights, including changes to identification documents
• Responding to issues of bullying or harassment in educational settings

A knowledgeable lawyer can help you understand your rights, navigate court systems, and protect your interests, especially when state laws may not provide clear guidance or full protection.

Local Laws Overview

Wyoming’s state laws provide certain rights to LGBT individuals, but there are gaps in the level of protection compared to some other states:

• No statewide law prohibits discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations. However, federal law and some municipalities within Wyoming do provide certain protections.
• Same sex couples can legally marry and divorce in Wyoming, but complications can arise around parental rights and adoption, particularly for second parent or stepparent scenarios.
• There is no explicit statewide hate crimes law that includes sexual orientation or gender identity as a protected category, although federal hate crimes statutes may apply.
• Transgender individuals can change the gender marker on identification documents, but processes and requirements may vary and can be complex to navigate without legal assistance.
• No state laws require schools to implement LGBT inclusive policies, though anti-bullying laws may offer some protections.
• Federal court decisions currently provide protections for LGBT individuals that supplement Wyoming’s legal landscape, especially in areas like employment and marriage.

This environment makes it crucial to consult with a lawyer knowledgeable about both state and federal rights affecting LGBT people in Wyoming.

Frequently Asked Questions

Is same sex marriage legal in Wyoming?

Yes, same sex marriage has been legal in Wyoming since 2014 following federal court rulings. Same sex couples have the same legal rights and responsibilities as opposite sex couples regarding marriage.

Can LGBT individuals adopt children in Wyoming?

There is no explicit law prohibiting LGBT individuals or same sex couples from adopting. Both single LGBT individuals and married couples may petition to adopt, though practical challenges may arise and legal consultation can be valuable.

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

There are no statewide protections, but some local ordinances and federal laws protect against discrimination. Certain cities, like Jackson and Laramie, have adopted local nondiscrimination measures.

Are there hate crime protections for LGBT people in Wyoming?

Wyoming does not have a comprehensive hate crimes law that explicitly protects LGBT individuals, but federal hate crime laws may apply.

Can transgender people change their legal gender in Wyoming?

Yes, transgender individuals can request to change their gender marker on state identification documents, including driver’s licenses and birth certificates, although requirements and processes can be complex.

What should I do if I experience discrimination at work or in housing?

Seek legal counsel to understand your rights under federal law, such as Title VII and the Fair Housing Act, and to determine if local protections exist where you live or work in Wyoming.

Do LGBT couples have hospital visitation and medical decision-making rights?

If legally married, LGBT couples should have the same rights as other married couples. It’s still wise to create advance directives or powers of attorney to avoid confusion in medical situations.

What rights do same sex couples have regarding parental custody?

Custody laws apply equally, but non-biological parents in same sex relationships may need to take additional legal steps, like second parent adoption, to ensure parental rights are recognized.

Are schools in Wyoming required to have LGBT inclusive policies?

There is no statewide requirement for LGBT inclusive school policies, though anti-bullying laws exist that may offer some protections. Advocacy and local school policies vary.

Will getting married or coming out impact my rights to government benefits?

Marriage equality ensures that LGBT couples should have the same rights to government benefits as other married couples. However, it is important to review individual circumstances with an attorney or benefits advisor.

Additional Resources

For more information or support related to LGBT legal rights in Wyoming, consider these agencies and organizations:

• Wyoming Equality - Statewide advocacy group for LGBT rights and support
• Lambda Legal - National organization focused on legal advocacy for LGBT individuals
• American Civil Liberties Union (ACLU) of Wyoming - Supports LGBT rights with legal resources and advocacy
• Wyoming Department of Health - Provides information on LGBT health resources and services
• National Center for Lesbian Rights - Provides legal information and support for LGBT people in family issues
• Local city governments (such as Jackson or Laramie) - May have more specific nondiscrimination ordinances

Next Steps

If you or a loved one need legal advice or representation regarding Same Sex & LGBT issues in Wyoming, you should:

• Consult with a lawyer who specializes in LGBT and family law in Wyoming for personalized advice
• Gather all relevant documents pertaining to your legal concerns such as marriage certificates, adoption paperwork, employment records, or medical directives
• Consider reaching out to local advocacy groups for support and potential attorney referrals
• Familiarize yourself with both state and federal rights and protections that may apply to your situation
• If facing immediate discrimination or threats to safety, contact local law enforcement or seek assistance from advocacy organizations

Navigating legal matters as an LGBT individual can be complex in Wyoming. Taking proactive steps and seeking proper legal guidance will help protect your rights and promote the well-being of you and your loved ones.