Hot Topics in the LGBT Family Law Community

Published 06/17/16 by Admin

In a constantly growing and ever-changing country, one topic at the forefront of debates and discussions are the rights and laws surrounding the LGBT community. Regardless of whether or not you agree with the varying points of view, one thing is undeniable, this hot-button area of discussion is just as important of a topic in the state of Ohio as it is throughout the rest of the United States. Family law is one of the biggest and most prevalent areas of law being debated in the LGBT community. As the rest of the country begins to acknowledge the union and marriage of same-sex couples and as it becomes more comfortable with the LGBT community, family law becomes a very important way of protecting the rights of those individuals involved. This blog is dedicated to discussing and explaining a few of the important topics currently being presented in relation to the LGBT community and family law.

Here are 3 hot topics in LGBT family law cases:

  • Denial of Service to LGBT Community
    After the governor of Mississippi signed a bill in 2016 allowing business owners to refuse to provide service to gay people based on religious views, this started a wave of discussion and controversy over whether the state’s decision was appropriate. This decision came not long after the governor of Georgia vetoed a similar bill following the outcry of major sports and entertainment companies who threatened to not do business in the state any longer if the bill went into effect. The introduction of bills regarding denial of service to gay individuals in southern states seems to be a growing area of controversy in not only the LGBT community, but in other communities as well. While laws like this are not a growing trend, per se, the introduction of bills like the ones brought by the legislation in Georgia and Mississippi no-doubt causes the LGBT community to question whether equality is truly possible or if their status will forever be a stigma on who they are as individuals.
  • The Growing Transgender-Bathroom Controversy
    A lot of what has been in the news recently has revolved around an ongoing legal, moral, and political battle involving states’ decisions concerning transgender individuals and bathroom access. Most notably, a Court of Appeals in the state of Virginia allowed a transgender high school student to use the bathroom of his gender identity. This is just one of the many instances in which there has been political or legal discussion over the rights of transgender individuals in relation to bathroom access. Because of all of the discussion in the news and recent court cases, there is heavy speculation that this topic will end up going before the United States Supreme Court for a higher authority to make a final decision on the matter.
  • Adoption by Same-Sex Couples/Child Custody
    Recently, until 2015, because same-sex unions and marriages were not recognized by the state of Ohio, same-sex couples were not allowed to adopt a child through an agency, nor could they adopt their significant other’s child as a stepparent or second parent. The state would only recognize one individual in a same-sex couple as the parent of the child. Individuals who had be co-raising/co-parenting a child since their adoption or birth were not legally recognized as their parent because of restrictive laws against same-sex couples. However, after the ruling by the United States Supreme Court in Obergefell v. Hodges, this has started to change. Same-sex couples are now being granted the same laws and rights through the legal system as opposite-sex couples.

These three topics are just a few of the ever-growing areas of discussion as the LGBT community and the area of family law continues to meld with the constant introduction of more rights. The LGBT community’s voice is growing louder as more individuals start to identify and associate with them. The progression of rights for lesbians, gays, bisexuals, and transgender in this country has grown exponentially in the last couple decades and likely will continue to expand as society continues to progress further into the future.