Status of Same-Sex Marriage in United States

• Marriage

1. Federal Laws on Same-Sex Marriage

    

   1. U.S. Constitution: No provision prevents same-sex marriage or any other relationship law listed below.

   2. Statute - Defense of Marriage Act (DOMA) of 1996

      1. Section 1. This Act may be cited as "Defense of Marriage Act."

      2. Section 2. No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

      3. Section 3. federal definition, any act of congress or admin bureaus/agencies, marriage is only one man and woman as husband and wife, and spouse is only opposite sex.

   3. Challenge to DOMA

      1. Windsor v. United States: http://www.scotusblog.com/case-files/cases/windsor-v-united-states-2/

   4. Challenge to California's Proposition 8

      1. Hollingsworth v. Perry: http://www.scotusblog.com/case-files/cases/hollingsworth-v-perry/

          

2. Summary of State Relationship Laws

    

   1. Full Marriage Equality: Connecticut (2010); District of Columbia (2010); Iowa (2009); Maine (2012); Maryland (2012); Massachusetts (2004); New Hampshire (2010); New York (2011); Rhode Island (2013); Vermont (2009); Washington (2012); Coquille Indian Tribe; Suquamish Tribe; Little Traverse Bay Bands of Odawa Indians.

       

   2. All/Most Rights & Responsibilities of Marriage

      1. Civil Unions: Colorado (eff. 05/01/2013), Delaware (2011), Hawaii (2012), Illinois (2011), New Jersey (2007), Rhode Island (2011), Vermont (unavailable as of 09/01/2009, existing civil unions remain valid); New Hampshire (2008, until 2011, existing civil unions converted to marriage); Connecticut (2005, until 10/01/2010 when all civil unions were converted to marriages)

      2. Broad Domestic Partnerships: California (1999-2005, 4 sets of legislation); Nevada (2009); Washington; New Jersey (2004, but only for opposite sex couples over age 62); Oregon (2008)

       

   3. Some Rights & Responsibilities of Marriage

      1. Limited Domestic Partnerships: Maine (2004, until 2012), Wisconsin (2009), Washington (2007; On 06/30/2014, these will be limited to couples in which one of the persons is 62 years of age or older, and all existing same-sex partnerships will be converted to marriage unless dissolved or converted to marriage before that date); District of Columbia (1992; On 03/03/2010, couples in a domestic partnership could apply for marriage license)

      2. Reciprocal Beneficiaries: Hawaii (1997; still in effect; not limited to same-sex couples; may be used by two parties, even if they are related )

      3. Designated Beneficiary Agreements: Colorado (until 05/01/2013)

   4. Recognition of Out-of-State Same-Sex Marriages, Civil Unions, Domestic Partnerships

       

      1. If you have a client who has a same-sex partner, and they are validly married, civilly united, or domestic partnered in another state, it is important that you become familiar with the corresponding law in the other state. The laws in this area change frequently, and there is a lack of completely compiled documentation out there as a one-stop reference.

          

      2. Recognition of Out-of-state Same-Sex Marriages

         1. Basic marriage recognition rule: a marriage is valid in a home state if it was valid where performed unless it is against the public policy of the home state.

         2. Marriage Equality states that allow same-sex marriage should recognize other out-of-state same-sex marriages. Confirmed: Maine, D.C. & Maryland

         3. Non-Recognition states that recognize out-of-state same-sex marriages: Rhode Island (2012), Delaware (2012)

          

      3. Recognition of Out-of-state Civil Unions

         1. Colorado (eff. 05/01/2013), New Hampshire (2008), Maine, D.C. & Maryland.

          

      4. Recognition of Foreign Domestic Partnerships

         1. In most instances, DPs are not recognized outside of the jurisdiction in which they are performed.

         2. Maine; D.C.: if DP is on Mayor-maintained list and out-of-state DP is substantially similar to D.C.'s DP.

          

   5. Same-sex marriage prevented by statute only

      1. Delaware, Illinois, Indiana, Minnesota, Pennsylvania, West Virginia, Wyoming

          

   6. Same-sex marriage prevented by state constitutional amendment

      1. Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wisconsin

          

   7. Same-sex marriage prevented by state constitutional amendment and statute

      1. Arkansas and others.

       

   8. States with potential in 2013 for same-sex marriage through legislation, ballot measures, or court actions:

      1. Illinois, Rhode Island, Delaware, New Jersey, California, Hawaii, Minnesota.

      2. Delaware passed marriage legislation on Thursday, May 2, 2013, effective August 1, 2013. Governor Lincoln Chafee signed the legislation.

Arkansas LGBT Adoption Attorney

Adoption is a process whereby a person assumes the parenting for a child and, in so doing, permanently transfers all rights and responsibilities as a parent.

If you are considering adoption, there are legal steps that must be completed before you can experience parenthood. It would be in your best interest to discuss your situation with an experienced Arkansas family law attorney.

Lauro Law, PLLC provides advice, legal services and representation in:

• LGBT Partner adoptions
• Private adoptions
• Grandparent adoptions

At Lauro Law, PLLC we take a special interest in every case and we will:

• Explain the adoption process
• Explain your rights and responsibilities as a parent
• Explain how we can facilitate the adoption
• Assist you in obtaining the consent of the biological parent(s)
• Prepare and file the adoption petition and supporting documents
• Provide advice and guidance if a home visit and evaluation is needed (private adoption)
• Represent you at the adoption hearing
• Obtain a new birth certificate listing the new parent names

At Lauro Law, PLLC we will use our knowledge of Arkansas Family Law and our experience to answer your adoption questions and assist you though the adoption process.

We also represent clients wanting alimony modifications, which may be warranted if a significant change in circumstances has occurred such as remarriage, loss of a job or a significant change in income.

Contact Lauro Law, PLLC by calling 501-613-6529 or email at This email address is being protected from spambots. You need JavaScript enabled to view it. to schedule a free initial consultation.

Arkansas LGBT Name Change Attorney

Name Change generally refers to a legal act allowing a person to adopt a name different from their name at birth, marriage, or adoption.  A legal name change through a court order is the first step in the name-change process. A person must officially register the new name with the appropriate authorities as a result of this court order.

This process includes notifying various government agencies, each of which may require legal proof of the name change and may charge a fee. Important government agencies to be notified include the Social Security Administration, Bureau of Consular Affairs (for passports), the United States Postal Service, and the Department of Motor Vehicles (for a new driver's license or state identification card). Additionally, the new name must be registered with other institutions such as employers, banks, doctors, mortgage, insurance, and credit card companies.

Lauro Law is one of the premier Arkansas LGBT Name Change law firms.  We have extensive experience successfully assisting clients through this process.

We will:

• Explain the entire Name Change process and how we will facilitate that process
• Explain your rights and responsibilities
• Provide you with appropriate data and information gathering questionnaires
• Create and electronically file the appropriate court documents
• Obtain the necessary certified copies of the order
• Provide you with an Individualized Detailed Roadmap for getting all your identity documents changed
• And assist you if you need help with having these documents updated.

This is one of the most requested legal services we provide for clients. If you are considering legally changing your name we are here to help you through the process. For information about the process we use, court filings requirements and identity documents that need to be changed, please browse through our Library or select Name Change Process.

Lauro Law also assists clients who are seeking a Gender Change in Arkansas.  If you are born in Arkansas but currently living in another state, we can help you file a gender change in Arkansas and obtain an updated Arkansas birth certificate. 

Select Court Filings the Name Change process in Arkansas.

Select Identity Documents for a list and description of these documents.

Contact Lauro Law, PLLC by calling 501-613-6529 or email at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Older Information:

November 2016 - FAQ on Name and Gender Changes for Transgender People Post-Election (by NCLRights.org)

Arkansas Gender Change Attorney

Gender Change is the process of legally changing your gender from the gender identified at birth once you have begun or completed the medical gender transition process.  A legal gender change through a court order is an important step in the gender change process, and may be necessary for some transgender people.

A person may need to officially register a gender change court order with the appropriate authorities. This process includes notifying various government agencies, each of which may require medical and legal proof of the gender change and may charge a fee.

Important government agencies to be notified include the Social Security Administration, Bureau of Consular Affairs (for passports), the United States Postal Service, and the Department of Motor Vehicles (for a new driver's license or state identification card). 

The Social Security Administration and the U.S. State Department do not currently require court order proof in order to update gender markers on Social Security records and U.S. Passports.

Some states, such as California, also do not require gender change court orders in order to update a California birth certificate.

Arkansas law currently requires "surgical procedure" in order to change the gender marker on Arkansas birth certificates.

If you were born in another state but currently live in Arkansas, whether you need a gender change court order depends on the requirements of your birth state.  If you were born in Arkansas but currently live in another state, you will need to obtain a gender change court order from an Arkansas court or from a court in the state in which you live.

If you have begun or completed your gender transition, Lauro Law is here to help you through the legal process.

Lauro Law is one of the premier Arkansas Gender Change law firms.  We have extensive experience successfully assisting clients through this process.

We will:

• Explain the entire Gender Change process and how we will facilitate that process
• Explain your rights and responsibilities
• Provide you with appropriate data and information gathering questionnaires
• Create and electronically file the appropriate court documents
• Obtain the necessary certified copies of the order
• Provide you with an Individualized Detailed Roadmap for getting all your identity documents changed
• And assist you if you need help with having these documents updated.

This is one of the most requested legal services we provide for clients. If you are considering legally changing your gender we are here to help you through the process. For information about the process we use, court filings requirements and identity documents that need to be changed, please browse through our Library.

Lauro Law also assists the LGBT community with Name Changes. Select Court Filings for the Name Change process in Arkansas.

Select Identity Documents for a list and description of these documents.

Contact Lauro Law, PLLC by calling 501-613-6529 or email at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Older Information:

November 2016 - FAQ on Name and Gender Changes for Transgender People Post-Election (by NCLRights.org)

Arkansas Shared Parenting Agreement Attorney

Shared Parenting Agreement – If you've committed to joint parenting but can't adopt (or choose not to), the legal parent can have a contract drafted for shared custody with a domestic partner. The agreement should specify that, although only one of you is the legal parent, you both consider yourselves parents of your child, with all the rights and responsibilities that come with parenting.  This could be very helpful in keeping the family together if the legal parent dies. The downside is that if you and your partner break up, you will still be sharing custody.

Lauro Law is working in Arkansas to help achieve a society in which lesbian, gay, bisexual and transgender (LGBT) people enjoy the constitutional rights of equality, privacy and personal autonomy, and freedom of expression and association.  The Lauro Law Library contains "Legal Issues Affecting Same-Sex and Transgender Families in Arkansas 2013" and the article "Representing Transgender Clients" by Michael V. Lauro, Jr. that first appeared in the Arkansas Bar Association’s Young Lawyer Section “In Brief”, summer 2011 edition.

Lauro Law can provide basic information about Arkansas laws that affect same-sex couples and parenting. We also provide information about resources available for the LGBT community  who are facing other forms of discrimination and civil rights issues.

Lauro Law is one of the premier Arkansas LGBT Law firms.  We have extensive experience providing legal services to lesbian, gay, bisexual and transgender clients.

We will:

• Explain what a Shared Parenting Agreement contains and the legal requirements
• Explain your rights and responsibilities
• Provide you with appropriate data and information gathering questionnaires
• Provide advice and guidance relating to specific language base on your situation
• Provide drafts of the Shared Parenting Agreement to insure your satisfaction
• Prepare the final Shared Parenting Agreement and any supporting documents
• Host the signing and notarizing of the Agreement

For information about LGBT issues in Arkansas, please browse through our Library.

Lauro Law also assists LGBT clients who are seeking a Estate Planning, Name Changes, Gender Changes, Adoptions, Transgender Transition Identity Assistance in Arkansas. 

Contact Lauro Law, PLLC by calling 501-613-6529 or email at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Arkansas Identity Transition Assistance Attorney

Transgender Identity Transition is the process of changing one's gender presentation to agree with a person's internal sense of gender.  Transition begins with a personal decision to transition, prompted by the feeling that their gender identity does not match the gender that was assigned at birth.

For many transgender people, having the wrong sex designation on an identification card can expose them to discrimination, harassment and harm. At the same time, it is becoming harder for transgender people to accurately amend their sex designations on drivers licenses, birth certificates, social security records, passports, etc. due to unreasonable regulations and policies.

Lauro Law can provide basic information about Arkansas laws that affect Transgender clients and the identity transition process.

Lauro Law is working in Arkansas to help achieve a society in which lesbian, gay, bisexual and transgender (LGBT) people enjoy the constitutional rights of equality, privacy and personal autonomy, and freedom of expression and association.  The Lauro Law Library contains "Legal Issues Affecting Same-Sex and Transgender Families in Arkansas 2013" and the article "Representing Transgender Clients" by Michael V. Lauro, Jr. that first appeared in the Arkansas Bar Association’s Young Lawyer Section “In Brief”, summer 2011 edition.

We also provide information about resources available for the LGBT community who are facing other forms of discrimination and civil rights issues.

Lauro Law is one of the premier Arkansas Transgender Identity Transition Assistance law firms.  We have extensive experience providing legal services to lesbian, gay, bisexual and transgender clients.

We will:

• Explain Identity Transition process and the Arkansas legal requirements
• Explain your rights and responsibilities
• Provide advice and guidance relating to your situation
• Assist you with developing a plan to achieve your identity transition

For information about the process we use, court filings requirements and identity documents that need to be changed, please browse through our Library or select Name Change Process.

Select Court Filings the Name Change process in Arkansas.

Select Identity Documents for a list and description of these documents.

Lauro Law also assists LGBT clients who are seeking a Estate Planning, Name Changes, Gender Changes, Adoptions in Arkansas. 

Contact Lauro Law, PLLC by calling 501-613-6529 or email at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

Older Info:

November 2016 - FAQ on Name and Gender Changes for Transgender People Post-Election (by NCLRights.org)