Every year in June, we celebrate Gay Pride Month as a time to honor the struggles, achievements, and ongoing efforts of the LGBTQ+ community. Gay Pride Month is deeply rooted in the fight for equal rights and social acceptance, marked by remarkable events and milestones dating back to the Stonewall Riots in 1969. 

In recent years, we have seen considerable progress in the recognition and protection of LGBTQ+ rights within the law. At McGill Law, we understand the unique challenges LGBTQ+ individuals face. While there are several LGBTQ+ legal issues, we hope to provide clarity and support to the LGBTQ+ community on the following legal issues. 

Marriage & Family Law

One of the most significant legal milestones for the LGBTQ+ community was the 2015 Supreme Court Obergefell decision that legalized same-sex marriage in the United States. This landmark decision granted same-sex couples the same marriage rights as heterosexual couples in all states. This ruling has profound implications for family law including adoption, parental rights, and divorce.  

Despite conflicting State laws in some states (like Nebraska), same-sex couples have the same rights as heterosexual couples to adopt children. This means any married couple has the potential to legally adopt a child. This includes a stepparent adoption where one spouse adopts their spouse’s biological or adopted child or children to enjoy the full spectrum of parental rights. In Nebraska, there may only be two legal parents. As such, stepparent adoptions are only available if one parent’s parental rights are being terminated. Also, for two people to adopt in Nebraska, it is required that the couple be married. Because of this requirement, the Obergefell ruling made an enormous shift in allowing same-sex couples to adopt in Nebraska.  

LGBTQ+ parents have the same legal standing in custody battles and parenting agreements. Courts are required to make decisions based on the best interests of the child, without bias against the parents' sexual orientation or gender identity. If a child was born during the marriage, that child is presumed to be the product of that marriage regardless of the child’s biological lineage. The same holds true for adopted children. Both parents have equal standing in families where one parent has adopted the child, and the other is the biological parent.  

In the event of a divorce, same-sex couples are entitled to the same legal processes as heterosexual couples, including equitable distribution of assets and spousal support. 

Workplace Protections

Employment law has also evolved to better protect LGBTQ+ individuals. The Supreme Court's 2020 decision in Bostock v. Clayton County was a pivotal ruling that held that Title VII of the 1964 Civil Rights Act protects employees against discrimination based on sexual orientation and gender identity. This means that employers cannot fire, refuse to hire, or otherwise discriminate against employees based on their sexual orientation or gender identity and LGBTQ+ employees are entitled to the same benefits as their heterosexual counterparts, including health insurance coverage for same-sex spouses.  

Access to Healthcare

Healthcare is another critical area where legal protections have been expanded for the LGBTQ+ community. The Affordable Care Act includes provisions that prohibit discrimination based on sexual orientation and gender identity in healthcare settings. 

Insurance providers are increasingly required to cover medically necessary gender-affirming treatments, ensuring transgender individuals receive the care they need without facing undue financial barriers. Of course, gender affirming care has recently been under attack for minor’s access. Just last year, both Nebraska and Iowa passed additional hurdles to families seeking gender affirming care for minors. The temporary regulations adopted last October in Nebraska were recently approved by Gov. Jim Pillen. These include a seven-day waiting period to start puberty-blocking medications or hormone treatments and undergoing at least 40 hours of therapy. Further, minor patients (anyone under the age of 19) must also receive at least one hour of therapy every 90 days while on gender-affirming medication to evaluate the patient’s mental health.  

Housing Protections

Housing discrimination remains a concern for many in the LGBTQ+ community. Fortunately, there are some laws in place to protect against such discrimination including the Fair Housing Act. This federal law prohibits discrimination in housing based on sexual orientation and gender identity. This means landlords and property owners cannot refuse to rent or sell to someone based on their LGBTQ+ status. 

Legal Documentation & Identity

For transgender individuals, navigating legal documentation and identity recognition can be particularly challenging. It is essential to know your rights and the processes involved in name and gender marker changes. Nebraska has specific procedures for changing names and gender markers on legal documents, such as driver's licenses and birth certificates. McGill Law is experienced in both and can help ensure these processes go smoothly. 

While significant strides have been made in protecting LGBTQ+ rights, challenges remain. Whether dealing with family law issues, workplace discrimination, healthcare access, housing rights, or identity documentation, having knowledgeable legal support is crucial. At McGill Law, we are here to help you navigate these complexities with confidence and compassion. 

Our dedicated team provides personalized, inclusive legal services tailored to our client’s unique needs. If you need assistance or have any questions about your rights, do not hesitate to reach out to us. Together, we can ensure that your rights are protected and that you receive the fair treatment you deserve. At McGill Law, we believe in the power of informed, compassionate legal assistance to make a positive difference in our clients' lives.