Gay and Lesbian Rights, 2E: A Guide for GLBT Singles, Couples and Families

306 Pages·2006·2.389 MB·English

by  Brette McWhorter Sember

A Guide for GLBT Singles, Couples and Families
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“This clearly written, comprehensive, accessibleguide belongs in the library of all
gays and lesbians who are thinking of partnering or who are already partnered.... AA
Learn about domestic arguments, managing joint income and protecting yourself
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and your significant other financially…buy and read this book.”
—Martin Kantor, MD, author of MyGuyand Together Forever
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Legal rights for the GLBT community are expanding every year. Cities and states all over the LL
country are passing new legislation that makes it easier than ever before to protect yourself
and your relationships. Gay & Lesbian Rights EE GGAAYY&&LLEESSBBIIAANN
details how you can take advantage of the
Use Gay & Lesbian Rights SS
latest legal advances.
to learn how to:
*A brand-new section answers all your BB
RIGHTS
questions about the eight states that
4formalize your relationship legally recognize same-sex partnerships.
through a civil union or marriage II
*A convenient appendix features useful AA
register a domestic partnership
4 resources such as websites, organizations
and hotlines for information and support—
4defend yourself against NN
including support for GLBT teens. SECOND EDITION
discrimination
Tip boxes highlight how to find the
4encourage equality * Brette
information you need to live your life the
in the workplace
way you want. R McWhorter
4combine finances Sember
and households Gay & Lesbian Rightsexplains how to stand
I Attorney at Law
up for your rights, use the law to your
4obtain health insurance advantage and get the results you need—even G
for your family
in not-so-GLBT-friendly environments.
4adopt or conceive a child H
ensure a safe school
4 SPHINX® PUBLISHING
environment for your children ANIMPRINTOFSOURCEBOOKS,INC.® T
NAPERVILLE,ILLINOIS
4provide for your family www.SphinxLegal.com
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with estate planning tools
Gay and Lesbian
Studies
4end a domestic partnership $21.95 U.S. PC
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$30.95 CAN 2nd Edition
make a difference
4 ISBN 13: 978-1-57248-550-1
inyour community ISBN 10: 1-57248-550-7 Sember
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Gay & Lesbian
Rights:
A Guide for GLBT Singles,
Couples and Families
Other books in the Rights series:
Attorney Responsibilities and Client Rights
by Susan Herskowitz Singer
Homeowner’s Rights
by Mark Warda
Teen Rights, 2nd Ed.
by Traci Truly
Unmarried Parents’ Rights, 2nd Ed.
by Jacqueline D. Stanley
Gay & Lesbian
Rights:
A Guide for GLBT Singles,
Couples and Families
Second Edition
Brette McWhorter Sember
Attorney at Law
S P
PHINX® UBLISHING
ANIMPRINTOFSOURCEBOOKS,INC.®
NAPERVILLE,ILLINOIS
www.SphinxLegal.com
Copyright © 2003,2006 by Brette McWhorter Sember
Cover and internal design © 2006 by Sourcebooks,Inc.®
All rights reserved.No part of this book may be reproduced in any form or by any
electronic or mechanical means including information storage and retrieval sys-
tems—except in the case of brief quotations embodied in critical articles or
reviews—without permission in writing from its publisher, Sourcebooks, Inc.®
Purchasers of the book are granted a license to use the forms contained herein for
their own personal use. No claim of copyright is made in any government form
reproduced herein.
Second Edition:2006
Published by:Sphinx®Publishing,An Imprint of Sourcebooks,Inc.®
Naperville Office
P.O.Box 4410
Naperville,Illinois 60567-4410
630-961-3900
Fax:[phone]
www.sourcebooks.com
www.SphinxLegal.com
This publication is designed to provide accurate and authoritative information in
regard to the subject matter covered.It is sold with the understanding that the pub-
lisher is not engaged in rendering legal,accounting,or other professional service.If
legal advice or other expert assistance is required,the services of a competent pro-
fessional person should be sought.
From a Declaration of Principles Jointly Adopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations
This product is not a substitute for legal advice.
Disclaimer required by Texas statutes.
Library of Congress Cataloging-in-Publication Data
Sember,Brette McWhorter,1968-
Gay & lesbian rights:a guide for GLBT singles,couples and families / by
Brette McWhorter Sember.-- 2nd ed.
p.cm.
Includes index.
ISBN-13:978-1-57248-550-17-550-1 (pbk.:alk.paper)
ISBN-10:1-57248-550-7871-9-550-7 (pbk.:alk.paper)
1. Homosexuality--Law and legislation--United States.2. Lesbians--Civil
rights--United States.3. Gay rights--United States. I.Title:Gay and
lesbian rights.II.Title.
KF4754.5.S455 2006
342.7308'7--dc22 2006004589
Printed and bound in the United States of America.
SB — 10 9 8 7 6 5 4 3 2 1
In memory of Gary Jackson

CONTENTS
PREFACE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .XIII
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .XV
CHAPTER 1:GAY IN THE USA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Sodomy Laws
Changing the Laws
Supporting the Community
Voting with Your Feet
Getting Legal Help
CHAPTER 2:PROTECTION FROM DISCRIMINATION. . . . . . . . . . . . . . 7
What is Discrimination?
Federal Protection
State Law Protections
Hate Crime Laws
Discrimination in the Military
Discrimination by Private Organizations
Getting Help
CHAPTER 3:HOME SWEET HOME . . . . . . . . . . . . . . . . . . . . . . . . 19
Renting
Notification of Roommate
Roommate Agreement
Owning
Sharing
CHAPTER 4:DEALING WITH FINANCES. . . . . . . . . . . . . . . . . . . . . 29
Considering Joint Ownership
Joint Bank Accounts
Joint Investments
Joint Credit Cards and Debts
VIII GAY & LESBIAN RIGHTS
Retirement
Safe-Deposit Boxes
Life Insurance
Taxes
Powers of Attorney
Living Trusts
CHAPTER 5:HEALTH AND MEDICAL ISSUES . . . . . . . . . . . . . . . . . 39
Health Insurance
Long-Term Care Insurance
Medicaid
Sperm Donation
Blood and Bone Marrow Donations
Viatical Settlements
Emergency Contact Cards
HealthCare Directives,Living Wills,and Health Care
Powers of Attorney
Hospital Visitation Authorization
Hospital Visitation Authorization
Doctor Notification
Partner Notification Laws
End of Life Issues
CHAPTER 6:BENEFITS,INSURANCE,AND
LEGAL PROTECTIONS . . . . . . . . . . . . . . . . . . . . . . . . 57
Employment Protection
Domestic Partner Benefits
Life Insurance
Auto Insurance
Homeowners and Renters Insurance
Pensions and Retirement Programs
Immigration
Domestic Violence
Public Assistance
Privacy
CHAPTER 7:DOMESTIC PARTNERSHIPS. . . . . . . . . . . . . . . . . . . . . 71
Adult Adoption
Limited Liability Companies
California Domestic Partnerships
California Declaration of Domestic Partnership
California Notice of Termination of Domestic Partnership
Maine Domestic Partnerships
Maine Declaration of Domestic Partnership
CONTENTS IX
Maine Termination of Domestic Partnership by Mutual Consent
New Jersey Domestic Partnerships
Maine Alternative Service of Notification of Termination—
Proof of Service
New Jersey Affidavit of Domestic Partnership
Hawaii Reciprocal Beneficiary Relationships
Hawaii Registration of Reciprocal Beneficiary Relationship
Hawaii Declaration of Termination of Reciprocal
Beneficiary Relationship
District of Columbia Domestic Partnerships
District of Columbia Domestic Partnership Registration
District of Columbia Notice of Termination of Domestic Partnership
Municipal Domestic Partnership Registries
Commitment Ceremonies
Domestic Partnership Agreements
Domestic Partnership Agreement (Employer Version)
Domestic Partnership Agreement
CHAPTER 8:MARRIAGE AND CIVIL UNIONS . . . . . . . . . . . . . . . . 111
Massachusetts Marriages
Vermont Civil Unions
Application for Vermont License of Civil Union
Connecticut Civil Unions
Civil Union Ceremony
Foreign Countries
CHAPTER 9:NAME AND GENDER CHANGES . . . . . . . . . . . . . . . . 125
Choosing a Name
Legal Name Change
Application for a Social Security Card
U.S.Passport Amendment/Validation Application
Name Change by Use
Transsexual Name Changes
Gender Change
Other Transgender Issues
CHAPTER 10:ESTATE PLANNING . . . . . . . . . . . . . . . . . . . . . . . . 137
Intestate Inheritance
Wills
Guardianship of Children
Living Trusts
Powers of Attorney
Joint Ownership