Dear Friends and Clients,
Immediately after Trump became President, I had many inquiries about the future of LGBTQ rights. Now that a conservative majority on the U.S. Supreme Court is inevitable, I am again being asked what it all means – and what we can do to protect ourselves.
Nobody has a crystal ball to know exactly what will happen… Some wise people believe that our community has made so much cultural progress that laws will not slip backwards – at least not too far. Other wise people point to the recent SCOTUS Masterpiece Cake Shop decision as evidence that a declining slippery slope is already happening.
So what can you do to protect yourself and your family? Here are a few ideas. Hopefully, you will implement every single one.
MARRIAGE AND RIGHTS THAT GO WITH MARRIAGE – Even if the laws on gay marriage don’t change, there is already a strong cultural backlash from people with “sincerely held religious beliefs.” Marriage is supposed to convey many rights to spouses such as inheritance, medical decisions, burial/cremation decisions, etc. Before gay marriage I prepared documents so unmarried gay couples had these rights. I encourage everyone to visit my website suzannebyrantlaw.com, print and complete the free document forms under my Resources – Basic Documents tab and have these readily available – just in case you need them. For example, if medical personnel won’t recognize your marriage and let you into your spouse’s hospital room, just show them your Medical Power of Attorney.
PARENTING AND RIGHTS RELATED TO CHILDREN – The slow, but steady, national trend of judges recognizing “de facto” parents, even if they have not legally adopted their child, has mostly occurred in liberal states, requires expensive/exhausting litigation, and should never be relied on to protect a parent-child relationship.
As advised by all the national gay legal groups, every LGBTQ parent needs to have an adoption or parentage order recognizing their legal parent-child relationship. I offer free initial consultations to all gay parents (or potential parents) about how to protect your family.
CITIZENSHIP – It is a really good idea to have clear proof of citizenship for every family member. Be sure you have an official copy of everyone’s birth certificate in your personal files. Additionally, a U. S. passport is a solid indication of citizenship that is available for adults and children.
TRANSGENDER IDENTIFICATION– If you are trans, be sure you have legal documents that accurately reflect your name and gender markers. At the moment, you can get a court order that allows you to make changes on your official documents such as driver’s license and passport.
ESTATE PLANNING – Don’t rely on Texas law to dictate your child’s guardian or how your property is distributed in the event of your death. Be sure you have an up-to-date Last Will and Testament and back it up with secondary documents such a Designation of Guardian, which is available at no charge with other documents on my website. You may also want to consult with an estate-planning attorney about whether you need a Financial Power of Attorney.
OTHER DOCUMENTS AND LOOSE ENDS – Be sure all your legal documents are all in the correct names and reflect your wishes. This includes your bank accounts, which can be held jointly – with automatic right of survivorship (payable immediately upon death to the survivor). Confirm that your apartment lease and
the titles to your home and cars are in the correct names. Check your insurance policies and investment accounts. If you own a business, be sure the ownership and succession plans are clearly stated in legal documents.
Although our office can only help you with adoption and parentage orders, we are glad to provide referrals to attorneys who can help with other issues.
Don’t forget to print and complete the full package of free, legal documents – and tell your friends to do the same thing.
Each of us can make a difference. Please get involved in some way with improving our world. Personally, I am focused on creating family stability – one family at a time – and volunteering in the next elections.
Best wishes,
Suzanne