Hiring an Attorney in the LGBTQ+ Community

Are you struggling with a legal issue? Maybe you're going through a divorce. Or you're part of a non-traditional family and have estate planning questions. Maybe you're wondering if you're being discriminated against at work due to your gender identity, sexual orientation, or sexual expression. Or you want a gender marker or name change in your government documents.

If these or any other legal questions are on your mind, it might be time to seek out the skills of a qualified attorney. You can hire an attorney who understands your circumstances and sympathizes with your goals.

This article will address the types of issues a lawyer can address. See the benefits of hiring a lawyer in the LGBTQ+ community. Also learn about the best way to find an LGBTQ+-friendly attorney.

Legal Issues Unique to the LGBTQ+ Community

The list of reasons for seeking out the help of an attorney is endless. But some reasons are unique to the LGBTQ+ community, such as:

• Family planning and child custody
• Divorce and relationship dissolution
• Estate planning
• Health care
• Workplace discrimination

If you have any of these legal needs, you can speak to an attorney in your state. A lawyer in the same practice area can help you figure out the next steps to take.

LGBTQ+ Family Planning and Child Custody

An LGBTQ+ rights attorney can help with adoption, parental rights, and custody disputes. For example, a couple seeking second-parent adoption can hire a lawyer for the paperwork.

For couples planning to use a surrogate to have a child, there are considerations such as surrogate compensation and rights of the surrogate after the baby is born. For transgender men planning to give birth, there are special considerations, too, like making sure the hospital lists the correct legal relationship between the birth parent and the child on the child's birth certificate.

Divorce and Ending LGBTQ+ Relationships

LGBTQ+ couples might live in domestic partnerships or, since the U.S. Supreme Court recognized marriage equality under federal law in a same-sex marriage case, may choose to formally marry. Same-sex couples that choose to marry will be subject to the same family laws as straight couples. Yet, LGBTQ+ divorces might involve less common issues, such as the surrogacy concerns mentioned above.

Just like other couples, an LGBTQ+ couple might work with a lawyer to legally separate during a breakup. These cases involve property, children, and other highly personal matters.

Retirement and Estate Planning

A member of the LGBTQ+ community may want to put some extra thought into retirement community options. Or, they might want to ensure their partner or spouse is taken care of financially in the event of their death.

Legal services can help LGBTQ+ people plan for their future. Talk to an estate planning lawyer who can assist with this process.

Health Care Discrimination and Medical Rights

Transgender, intersex, lesbian, and gay patients often have special medical concerns and needs. A health care attorney can help you access fair services and declare your medical wishes.

It's especially important for LGBTQ+ people to ensure that they have living wills. Many members of the community are estranged from their families of origin and wouldn't want certain family members in charge of making medical decisions for them.

There's also the issue of discrimination in health care, particularly for trans-identified folks. Patient rights cases may involve unfair treatment based on gender or sexual orientation. Lawyers often hold medical providers accountable for rights violations.

Employment Discrimination Against LGBTQ+ Workers

The Supreme Court has held that LGBT employment discrimination violates discrimination laws, such as Title VII of the Civil Rights Act. Legal protections now exist under federal law. Many states have passed similar legal protections. Workers’ rights attorneys can use these laws to protect LGBTQ+ employees.

Illegal discrimination that violates employment law could involve an employer refusing to provide a transgender employee access to a restroom that matches the employee's gender or a gender-neutral restroom. Or, it may be a refusal to hire someone who appears to be gay or transgender in a public-facing role.

Trans-identified people also face discrimination in the broader employment context. For instance, more than one in four transgender people have lost a job due to discrimination, and more than three-fourths have experienced some form of workplace discrimination.

Benefits of Hiring a Lawyer in the LGBTQ+ Community

Working through a legal issue can be stressful. If you're in the LGBTQ+ community, choosing a lawyer who's in the same community may bring you a measure of comfort and sympathy that you might not otherwise feel.

Additionally, you might feel more comfortable sharing personal information. You can hire someone you believe has had a similar life experience to you and understands some of the unique challenges of being in the LGBTQ+ community.

Legal disputes are daunting, especially against a large corporation or government entity. Many law firms express a commitment to upholding the equal protections of LGBTQ+ clients no matter the opponent. It can be reassuring to trust that your lawyer is doing everything in their power to advocate for your interests.

How Do I Find an LGBTQ+-Friendly Lawyer?

If you can't find a qualified lawyer in the LGBTQ+ community, or if that status just doesn't matter to you, you can instead seek out an LGBTQ+-friendly lawyer. Often the best way to find an LGBTQ+-friendly lawyer is through word of mouth. Start by asking your friends in the LGBTQ+ community if they have an attorney they'd recommend! If that route leads to a dead-end, you can also do your own research.

Bar Associations

The LGBTQ+ Bar Association is a legal organization that has affiliates in numerous states. They can help you find legal professionals in the LGBTQ+ community. For example, the LGBT Bar Association Foundation of Greater New York has an online form you can complete that can help connect you to a lawyer who can provide you with legal advice about your legal rights.

Law School Clinics

Some law schools, such as Harvard, have LGBTQ+ advocacy clinics. They focus in particular on representing underserved communities, including people of color in the LGBTQ+ community. Check with your local law schools to see if they have clinics that can help you.

Web Searches

You can do a web search to identify attorneys in your area. Including search terms like "LGBTQ," "gay," "lesbian," “transgender," or "trans" with your legal issue might help you locate an attorney who specializes in representing LGBTQ+ clients.

Questions To Ask a Lawyer

When seeking out an LGBTQ+-friendly attorney, consider asking questions like:

• Have you handled this legal issue before? If so, what was the outcome?
• What makes you the most qualified to handle this case?
• Why are you interested in this area of the law, and what steps do you take to ensure you're keeping up with changes in the law?

If you're not comfortable with the answers you receive to these questions, move on to another attorney.

Other Resources for the LGBTQ+ Community

If you are interested in learning more about legal issues facing the LGBTQ+ community, many organizations provide further information. For example, the Human Rights Campaign (HRC) and the ACLU are advocacy and public interest organizations that offer outreach and resources about LGBTQ+ rights and legislation.

Lambda Legal has a help desk that provides information and resources relating to discrimination on the basis of sexual orientation, gender identity, gender expression, and HIV/AIDS status.

Finally, the National Center for Lesbian Rights was created to advance the civil rights of members of the LGBTQ+ community.

Talk to an LGBTQ+ Rights Lawyer

If you have a pressing legal question, reach out to a local attorney with experience in the topic. Civil rights lawyers and other types of attorneys can help you with lawsuits, criminal defense, and other legal procedures. You can ask them about their experience with LGBTQ+ considerations like yours.