All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.
The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect LGBT employees. Lambda Legal maintains that the EEOC adjudications regarding Title VII’s coverage should supersede contrary authority that exists in some federal circuits.
Not permitted. See Ex Parte A.A.R., 2008 WL 4673279 (T.C.A. Aug. 29, 2008) (denying same-sex second-parent adoption) (case pending before the Supreme Court of Puerto Rico).
Different-sex married couples adopting jointly, and unmarried (single) individuals, regardless of sexual orientation. There is no express prohibition on adoption by an LGBT individual. See Puerto Rico Civil Code, Annotated Laws of Puerto Rico Title 31, § 531 & Title 31, § 534; see also Perez v. Proc. Esp. Rel. de Fam., 148 D.P.R. 201 (1999) (only different-sex married couples may adopt jointly).
Now that the Supreme Court has ruled in favor of marriage equality, state and local officials can and should stop enforcing their marriage bans immediately. But it is possible that officials in some places may not start allowing couples to marry until the federal courts issue orders directly prohibiting them from enforcing their state or territory’s marriage ban. Federal lawsuits have been brought in all states that continue to enforce their marriage bans as well as in Puerto Rico, and we expect attorneys in those cases to promptly ask the courts to issue injunctions or to take other steps now that the Supreme Court has ruled. We know from experience, however, that this process can take a different amount of time in each jurisdiction depending on how quickly the courts move and how much government officials attempt to drag out the process. The process could be resolved as quickly as within a matter of days or it could take a bit longer depending on the particular jurisdiction.