LGBTQ Legal Terms

People who are not biologically or legally related but who form a family-like support network, particularly important in LGBTQ communities. While chosen family relationships are socially significant, they typically lack automatic legal recognition, making estate planning documents like wills, healthcare directives, and powers of attorney essential to protect these relationships legally.

A legal relationship between two people that provides legal protections similar to marriage at the state level. Civil unions were created as an alternative to marriage for same-sex couples before marriage equality. While some states still recognize civil unions, they do not provide federal benefits and may not be recognized in other states, making marriage the preferred option for full legal protection.

Discredited practices that attempt to change an individual's sexual orientation or gender identity. Major medical and mental health organizations have condemned these practices as harmful and ineffective. Many jurisdictions, including several Ohio cities, have banned conversion therapy for minors. These bans typically prohibit licensed healthcare professionals from engaging in efforts to change a minor's sexual orientation or gender identity.

The birth name of a transgender or non-binary person who has changed their name as part of their transition. Using someone's deadname without consent can constitute harassment or discrimination in certain contexts. Legal name changes help ensure that official documents reflect a person's lived identity, though sealed court records and privacy protections vary by jurisdiction.

A legal or personal relationship between two individuals who live together and share a domestic life but are not married. Some jurisdictions offer domestic partnership registries that provide certain legal benefits. While marriage equality has made domestic partnerships less common, they remain important for couples who cannot or choose not to marry, and some employers still use domestic partnership status for benefits eligibility.

The medical diagnosis for the distress that may accompany the incongruence between one's experienced or expressed gender and one's assigned sex. This diagnosis is often required for insurance coverage of transition-related healthcare and may be relevant in legal proceedings regarding gender marker changes, discrimination claims, or healthcare access. Not all transgender individuals experience gender dysphoria.

The external manifestation of one's gender identity, usually expressed through behavior, clothing, haircut, voice, or body characteristics. Gender expression may or may not conform to socially defined behaviors and characteristics typically associated with being masculine or feminine. Some jurisdictions include gender expression in their anti-discrimination laws, protecting individuals from discrimination based on how they present their gender.

A person's internal sense of being male, female, neither, or other gender(s). Gender identity is distinct from biological sex and sexual orientation. Legal recognition of gender identity varies by jurisdiction, but may include the right to change gender markers on identification documents, protection from discrimination, and access to appropriate facilities and healthcare.

The designation of sex or gender on official documents such as birth certificates, driver's licenses, passports, and other government-issued identification. In Ohio and many other jurisdictions, individuals can petition to change their gender marker to match their gender identity. The process typically requires a court order and may involve medical documentation requirements that vary by document type and issuing agency.

The legal recognition of same-sex marriages on equal terms with opposite-sex marriages. In the United States, marriage equality was established nationwide by the Supreme Court in Obergefell v. Hodges (2015). This landmark decision requires all states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed in other jurisdictions, ensuring equal access to all federal and state marriage benefits.

A term for gender identities that don't fit within the traditional binary of male or female. Non-binary individuals may identify as both male and female, neither, or as a gender entirely separate from these categories. Legal recognition varies significantly; some jurisdictions offer "X" gender markers on documents, while others are still developing policies. Estate planning and family law documents should use inclusive language to protect non-binary individuals' rights.

The 2015 U.S. Supreme Court case that established marriage equality nationwide. The Court held that the Fourteenth Amendment requires states to license marriages between same-sex couples and recognize same-sex marriages lawfully performed in other states. This Ohio case, brought by Jim Obergefell, fundamentally changed LGBTQ rights by ensuring equal dignity and recognition for same-sex relationships under the law.

Legal provisions that allow individuals or organizations to claim exemption from certain laws based on religious beliefs. In the LGBTQ context, these exemptions are sometimes invoked to deny services, employment, or accommodations. The scope of religious exemptions remains contentious, with courts balancing religious freedom against civil rights protections. Understanding these exemptions is crucial for LGBTQ individuals navigating potential discrimination.

A legal procedure allowing a same-sex parent to adopt their partner's biological or adoptive child without terminating the first parent's legal rights. This creates a legally recognized parent-child relationship for both parents, ensuring rights to make medical decisions, inheritance rights, and continued custody if the relationship ends. Ohio permits second-parent adoptions, providing crucial protections for LGBTQ families.

An enduring pattern of emotional, romantic, and/or sexual attractions to men, women, or both sexes. Sexual orientation also refers to a person's sense of identity based on those attractions. Common categories include heterosexual, gay, lesbian, bisexual, and pansexual. The Supreme Court's decision in Bostock v. Clayton County (2020) established that discrimination based on sexual orientation violates Title VII's prohibition on sex discrimination in employment.

Laws that prohibit discrimination based on Sexual Orientation and Gender Identity. While Ohio lacks statewide SOGI protections, many Ohio municipalities including Cincinnati have enacted local ordinances. These laws typically cover employment, housing, and public accommodations. Federal protections have expanded through court interpretations of existing civil rights laws, but comprehensive federal SOGI legislation has not yet been enacted.

The section of the Civil Rights Act of 1964 that prohibits employment discrimination based on race, color, religion, sex, or national origin. In Bostock v. Clayton County (2020), the Supreme Court ruled that Title VII's prohibition on sex discrimination includes discrimination against LGBTQ individuals. This means employers cannot fire, refuse to hire, or otherwise discriminate against employees because of their sexual orientation or gender identity.

An umbrella term for people whose gender identity differs from the sex they were assigned at birth. A transgender person may identify as male, female, neither, or both, regardless of their assigned sex. Legal protections for transgender individuals vary by jurisdiction but increasingly include anti-discrimination protections, healthcare access rights, and the ability to update identity documents to reflect their gender identity.