Same-Sex Relationships
Same-sex couples and their families must be treated fairly under the law. While a handful of states and a growing number of municipalities offer protections from domestic partnerships to civil marriage, they do not cover the majority of same-sex couples in the country. Lambda Legal seeks protections for lesbians, gay men, bisexuals and transgender people whose relationships are not formally recognized by the government. Our work in this area began in the 1980s when we fought for health care and survivor benefits for the partners of lesbian and gay public and private employees and continues to this day. We deal with situations involving decision making for medical emergencies, funerals and disposition of loved ones' remains; fighting discrimination in housing or public accommodations; equitable division of property upon separation or the death of one of the members of the relationship; and fair treatment in areas like employment benefits, government assistance, taxation, domestic violence protection and death benefits.
National Context
Up to 21 percent of all same-sex couples have access to some type of legal protection or status through civil marriage, civil unions or domestic partner type laws. Civil unions are available to same-sex couples in three states: Vermont, Connecticut and New Jersey. The New Jersey legislatureLegislature The federal or state branch of government responsible for enacting laws (more keywords) enacted its civil unions law in 2006 after that state's state supreme courtState Supreme Court The highest state court in the state court system (more keywords) ruled unanimously that same-sex couples must be provided all the benefits and responsibilities of marriage in Lambda Legal's Lewis v. Harris case. Other states, such as California and Hawaii, offer protections and benefits to same-sex couples under different names such as Domestic Partnership or Reciprocal Beneficiaries. The vast majority of same-sex couples, however, face an uncertain patchwork of benefits or protections for their relationships, or none at all.
Lambda Legal's Impact
While marriage lawsuits capture the headlines, Lambda Legal continues to fight for the rights of same-sex couples in the majority of states where marriage equality or other civil protections are not yet available. We successfully fought the efforts of antigay extremists to eliminate the health care benefits available to the same-sex partners of employees of a university in Ohio. We are representing a retired teacher seeking benefits for the spouse he married in Canada. We have also launched a public information campaign to educate LGBT people about the importance of life planning and executing a will to make sure their savings, property and other valuables are directed as they wish upon their death.
Status of Same-Sex Relationships Nationwide
Examples of States that Provide Benefits to Same-Sex Partners of State Employees
