Georgia

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Know the laws in your state that protect LGBT people and people living with HIV.

Georgia Trans Student Rights Watch

Are you a transgender or gender-nonconforming (GNC) student in Georgia? We have your back. You have the right to be safe and fully included at school. That means being recognized as who you are in all aspects of your life – from the classroom, to the restroom, to the locker room. Learn more »

Workplace

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Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

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.

HIV & Healthcare

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Does the state explicitly ban transgender exclusions in health insurance?

Does the state have laws that may be used to fight against health care discrimination on the basis of sexual orientation and gender identity?

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Does Georgia have an HIV criminalization law?

YES, Georgia has a criminal law that punishes people with an HIV diagnosis specifically for nondisclosure of HIV status prior to sexual conduct, and the statute explicitly includes very low or no-risk sexual activities. A violation of this statute is classified as a felony.

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Has there been at least one HIV-based criminal prosecution—brought under an HIV-specific criminal law or a general criminal law—in Georgia in recent years?

YES, in recent years, there has been at least one criminal prosecution for HIV nondisclosure in Georgia. In fact, Georgia is considered aggressive in pursuing such prosecutions, because at least 5 such prosecutions have taken place over the last 5 years.

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Does Georgia have laws that criminalize or enhance the penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV?

YES, Georgia also has laws that criminalize or enhance penalties for biting, spitting and/or throwing bodily fluids or substances (such as urine or excrement) if a person has been diagnosed with HIV, despite the fact that none of these activities presents any real risk of HIV transmission. In Georgia, these laws only apply in the correctional setting.

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Does Georgia have criminal laws addressing HIV+ sex workers and/or HIV+ patrons of sex workers?

YES, Georgia also has laws that enhance punishments for HIV-positive people involved in commercial sexual transactions. It is difficult to obtain accurate data on how often these laws are utilized in Georgia, but there is growing evidence that in general these types of laws targeting sex workers are used much more frequently than other types of HIV criminalization laws.

Parenting

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Who may adopt?

Any adult. See OGCA § 19-8-3

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Second-parent adoptions:

Numerous second-parent adoptions have been granted in lower courts in some jurisdictions.Results likely vary by county and by judge. Anyone considering petitioning for a second parent adoption should contact, or have their counsel contact, Lambda Legal.

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Joint adoptions?

Joint adoption may be granted. See In re: The Petition of Theresa Goudeau to Adopt a Minor Child, 700 S.E. 2d 688 (Ga. Ct. App. 2010).