Fact Sheet

• (In English)

The information provided here is a summary of provisions of the referenced statutes. In most instances, the wording used here is wording found in the referenced statutes (one exception is that “HIV” is used for convenience in this chart although the statute may use a different term, such as “AIDS” or “causative agent of AIDS”). Those statutes (and statutes that they reference) should be consulted for more complete information and, in some cases, for definitions of terms.

The focus of this chart is on criminal laws that criminalize conduct by persons who are infected with HIV. The chart includes laws which specifically reference HIV and/or AIDS; in addition, statutes that criminalize conduct based on the status of having a “sexually transmitted infection (STI),” “sexually transmitted disease (STD),” or “venereal disease” have been added, except where the statute specifically does not apply to HIV (due to court decision, statute, or regulation). If criminal penalties can be imposed for violating a law, the law is included in the chart, but if only civil penalties can be imposed the law is not included.

“N/A” means that Lambda Legal did not find a state statute that criminalizes acts specifically due to alleged risk of transmitting HIV (or sexually transmitted infections more generally). However, every state has more generally applicable law(s) that could be used to prosecute someone who knowingly and intentionally exposes another to an excessive risk of harm. In addition to potential criminal liability, a person who transmits HIV to another person or puts another person at risk of HIV infection might face civil liability. This chart does not address any possible bases for civil liability and does not include HIV-specific laws that impose only civil penalties.

Updated on: 2/3/2015

Amending the sex designation on a birth certificate may be an extremely important step for a transgender person, to accurately reflect on this legal document the sex with which the individual identifies, and as required proof of sex to obtain other identity and legal documents. The requirements and process to change the sex designation on a birth certificate, and whether that is even possible, varies from state to state. The following is a list of legal authorities intended to assist with the process of changing the sex on a birth certificate. The information has been compiled from various sources, including standard legal materials and anecdotal accounts of practices in various states. It may not be current, and should be confirmed before being relied upon in any particular circumstance. A local attorney may be aware of recent changes in the law or may have insights to maximize the probability of success in a more expeditious manner. Please consult with an attorney in the relevant state about your particular situation and needs.

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Alabama

Statute: Ala. Code § 22-9A-19(d) (2004).

Text: (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the name of the individual has been changed, the certificate of birth of the individual shall be amended as prescribed by rules to reflect the changes.

Notes: Amended birth certificates will note that the sex designation has been changed.

Summary: Alabama will issue a birth certificate reflecting the proper sex.

Alaska

Statute: Alaska Stat. § 18.50.290 (2005).

Administrative Code: Alaska Admin. Code, tit. 7 §§ 05.895, 05.900 (2005)

Notes: Alaska has a general regulation providing for the change of information on birth certificates. As with changes of name, changes of sex will be recognized with a court order. Amended birth certificates will note that the sex designation has been changed.

Summary: Alaska will issue a birth certificate reflecting the proper sex.

Arizona

Statute: Ariz. Rev. Stat. § 36-337 (A)(3) (2006).

Text: A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following: . . .

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.

(b) A written statement by a physician that verifies the sex change operation or chromosomal count.

Summary: Arizona will issue a birth certificate reflecting the proper sex.

Arkansas

Statute: Ark. Code Ann. § 20-18-307(d) (2005).

Text: (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended accordingly.

Summary: Arkansas will issue a birth certificate reflecting the proper sex.

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California

Statute: Cal. Health & Safety Code § 103426 (2014).

California will issue a new birth certificate when an applicant submits to the State Registrar an affidavit that, pursuant to Cal. Health & Safety Code 103430(a), contains substantially the following: “I, (physician's full name), (physician's medical license or certificate number), am a licensed physician in (jurisdiction). I attest that (name of petitioner) has undergone clinically appropriate treatment for the purpose of gender transition to (male or female). I declare that the foregoing is true and correct to the best of my knowledge.” There is an $11 fee for a new birth certificate, pursuant to Cal. Health & Safety Code 103725.

Summary: California will issue a birth certificate reflecting the proper sex.

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Colorado

Statute: Colo. Rev. Stat. § 25-2-115(4) (2006).

Text: (4) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.

Summary: Colorado will issue a birth certificate reflecting the proper sex.

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Connecticut

Statute: Conn. Gen. Stat. § 19a-42 (2003).

(a) … Only the commissioner may amend birth certificates to reflect changes concerning parentage or gender change. Amendments related to parentage or gender change shall result in the creation of a replacement certificate that supersedes the original, and shall in no way reveal the original language changed by the amendment. …

See also Conn. Gen. Stat. § 19a-42b (specifying procedure for changing out-of-state birth certificates for Connecticut residents); Conn. Agencies Regs. § 19a-41-9(e) (procedure for changing Connecticut birth certificates).

Summary: Connecticut will issue a birth certificate reflecting the proper sex.

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Delaware

Statute: Del. Code Ann. Tit. 16 § 3131(a) (2006).

Administrative Code: 40 700 049. Regulations for Title 16, Chapter 31 Relating to Vital Statistics Regulation 10.9(d)

Text: (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in Delaware has been changed by surgical procedure and whether such individual's name has been changed, the certificate of birth of such individual shall be amended by preparing a new certificate. The item numbers of the entries that were amended shall not, however, be identified on the new certificate or on any certified copies that may be issued of that certificate.

Summary: Delaware will issue a birth certificate reflecting the proper sex.

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District of Columbia

D.C. Code Ann. § 7-217 (d) (2013), as amended by JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, D.C. Law 20-37 (effective Nov. 5, 2013)

Text: “Sec. 11a. New certificates of birth for change of gender designation.

“(a) The Registrar shall establish a new certificate of birth that reflects the new gender designation and, if applicable, the new name of an individual born in the District upon receipt of the following documents:

“(1) A written request, signed under penalty of law, for a new certificate of birth with a gender designation that differs from the gender designated on the original certificate of birth, from the individual or, if the individual is a minor, the individual’s:

“(A) Parent;
“(B) Guardian; or
“(C) Legal representative;

“(2) A statement, signed under the penalty of law, by a licensed healthcare provider who has treated or evaluated the individual, stating that:

“(A) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or
“(B) The individual has an intersex condition, and that in the healthcare provider’s professional opinion, the individual’s gender designation should be changed; and

“(3) If a change of name listed on the certificate is also being requested, an original or certified copy of an order of a court of competent jurisdiction granting a change of name.

“(b) The Registrar shall establish, upon request, a new certificate of birth reflecting the new gender designation, new name, or name as previously amended, in these additional circumstances:

“(1) When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous name change and seeks a change of gender designation;

“(2) When an individual, who is requesting change of name, holds a certificate of birth previously issued pursuant to subsection (a) of this section that reflects a change in gender; or

“(3) When an individual holds an amended certificate of birth issued before the effective date of the JaParker Deoni Jones Birth Certificate Equality Amendment Act of 2013, passed on 2nd reading on July 10, 2013 (Enrolled version of Bill 20-142), that reflects a previous change in gender designation.

(d) Section 18(d) (D.C. Official Code § 7-217(d)) is repealed.

Summary: The District of Columbia will issue a birth certificate reflecting the proper sex.

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Florida

Statute: Fla. Stat. Ann. § 382.016 (2006)

Administrative Code: Fla. Admin. Code Ann. r. 64V-1.003(1)(f) (2006)

Notes: Florida Office of Vital Statistics policy allows for the change of sex designation on birth certificates upon the provision of: a completed Application for Amended Birth Certificate and notarized Affidavit of Amendment to Certificate of Live Birth; a certified copy of a court order of name change; a sworn affidavit from the physician who performed sex reassignment surgery, containing the medical license number, stating that you have completed sex reassignment in accordance with appropriate medical procedures and that you are now considered to be a member of the reassigned gender; and the required fee.

Summary: Florida will issue a birth certificate reflecting the proper sex.

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Georgia

Statute: Ga. Code Ann. § 31-10-23(e) (2005).

Text: (e) Upon receipt of a certified copy of a court order indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.

Summary: Georgia will issue a birth certificate reflecting the proper sex.

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Hawaii

Statute: Haw. Rev. Stat. Ann. § 338-17.7(a)(4)(B) (2005).

Text: (a) The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant": …

(4) Upon receipt of an affidavit of a physician that the physician has examined the birth registrant and has determined the following: …

(B) The birth registrant has had a sex change operation and the sex designation on the birth registrant's birth certificate is no longer correct; provided that the director of health may further investigate and require additional information that the director deems necessary.

Summary: Hawai'i will issue a birth certificate reflecting the proper sex.

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Idaho

Statute: Idaho Code § 39-250 (2005).

Administrative Code: Idaho Admin. Code § 16.02.08.201 (2006).

Notes: Although Idaho generally permits amendment of birth records upon an appropriate evidentiary showing, the Idaho Office of Vital Statistics reports that Idaho does not currently amend birth records to reflect the correct sex of individuals who have changed their sex by surgical procedure.

Summary: Idaho will not issue a birth certificate reflecting the proper sex.

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Illinois

Statute: 410 Ill. Comp. Stat. 535/17(1)(d) (2006).

Text: (1) For a person born in this State, the State Registrar of Vital Records shall establish a new certificate of birth when he receives any of the following . . .

(d) An affidavit by a physician that he has performed an operation on a person, and that by reason of the operation the sex designation on such person's birth record should be changed. The State Registrar of Vital Records may make any investigation or require any further information he deems necessary.

Notes: The Division of Vital Records' current policy requires that individuals seeking to change the sex designation on their birth certificate have undergone sex reassignment surgery with a surgeon licensed to practice in the United States. Its policy also requires "completion of the entire gender reassignment" before the birth certificate will be changed.

Summary: Illinois will issue a birth certificate reflecting the proper sex.

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Indiana

Statute: Ind. Code Ann. § 16-37-2-10(b) (2006)

Notes: Indiana has a general statute providing for the change of information on birth certificates. The Vital Statistics Division will issue an amended birth certificate upon showing of a court order.

Summary: Indiana will issue a birth certificate reflecting the proper sex.

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Iowa

Statute: Iowa Code Ann. § 144.23(3) (2004).

Text: The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following:

3. A notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed. The state registrar may make a further investigation or require further information necessary to determine whether a sex change has occurred.

Notes: Iowa will issue a new birth certificate when the state registrar receives a notarized affidavit by a “licensed physician and surgeon” or an “osteopathic physician and surgeon.” The affidavit should include that the applicant’s sex designation changed either as a result of surgery or as a result of other clinical treatment. Surgery is not mandatory for a new birth certificate, and the affidavit may instead describe other appropriate clinical treatment.

Summary: Iowa will issue a birth certificate reflecting the proper sex.

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Kansas

Statute: K.S.A. § 65-2422c (2009).

Text: Minor correction of records. The secretary may by regulation prescribe procedures for making minor corrections to certificates or records.

Administrative Code: K.A.R. § 28-17-20 (b)(1)(A)(i) (2009).

Text: (i) The items recording the registrant's sex may be amended if the amendment is substantiated with the applicant's affidavit that the sex was incorrectly recorded or with a medical certificate substantiating that a physiological or anatomical change occurred.

Controlling case law: In re Estate of Gardiner, 29 Kan. App. 2dn 92 (2001). (interpreting K.S.A. § 65-2422c  as only permitting “minor changes” to birth certificates and stating that this does not encompass correction of sex on birth certificates of individuals who have changed their sex by surgical procedure thus invalidating K.A.R. § 28-17-20 (b)(1)(A)(i)).

Summary: Kansas will not issue a birth certificate reflecting the correct sex.

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Kentucky

Statute: Ky. Rev. Stat. Ann. § 213.121(5) (2005).

Text: (5) Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in the Commonwealth has been changed by surgical procedure and a certified copy of an order of a court of competent jurisdiction changing that individual's name, the certificate of birth of the individual shall be amended as prescribed by regulation to reflect the change.

Summary: Kentucky will issue a birth certificate reflecting the proper sex.

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Louisiana

Statute: La. Rev. Stat. Ann. § 40:62 (2006).

Text: (A) Any person born in Louisiana who has sustained sex reassignment or corrective surgery which has changed the anatomical structure of the sex of the individual to that of a sex other than that which appears on the original birth certificate of the individual, may petition a court of competent jurisdiction as provided in this Section to obtain a new certificate of birth.

Summary: Louisiana will issue a birth certificate reflecting the proper sex.

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Maine

Statute: Me. Rev. Stat. Ann. tit 22, § 2705 (2005).

Text: 1. Amended certificate. A certificate that has been altered or amended after its filing must be marked "amended," and the date on which the certificate or record was amended and a summary description of the evidence submitted in support of the correction must be endorsed on the record or permanently attached to it. Any certified copies of certificates or records amended under this section must be marked "amended." Notwithstanding this subsection, administrative correction of clerical errors within one year after the date of filing does not cause the certificate or record to be considered altered or amended.

Notes: The Office of Vital Records will issue an amended birth certificate upon the order of the local probate court and the payment of a fee. Applicants must submit to the court an Application for Correction and a letter from the treating physician verifying that the surgery/treatment has been "completed." The Office of Vital Records may issue a new certificate with no indication of the changes made.

Summary: Maine will issue a birth certificate reflecting the proper sex.

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Maryland

Statute: Md. Code Ann, [Health - Gen.] § 4-214(b)(5) (2006).

Text: (5) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this State has been changed by surgical procedure and whether such individual's name has been changed, the Secretary shall amend the certificate of birth of the individual as prescribed by regulation.

Notes: Unless the court order specifies otherwise, amended certificates will show any changes that have been made.

Summary: Maryland will issue a birth certificate reflecting the proper sex.

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Massachusetts

Statute: Mass Gen. Laws Ann. ch. 46, § 13(e) (2006).

Text: (e) If a person has completed sex reassignment surgery, so-called, and has had his name legally changed by a court of competent jurisdiction, the birth record of said person shall be amended to reflect the newly acquired sex and name, provided that an affidavit is received by the town clerk, executed by the person to whom the record relates, and accompanied by a physician's notarized statement that the person named on the birth record has completed sex reassignment surgery, so-called, and is not of the sex recorded on said record. Said affidavit shall also be accompanied by a certified copy of the legal change of name aforementioned above.

Summary: Massachusetts will issue a birth certificate reflecting the proper sex.

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Michigan

Statute: Mich. Comp. Laws Ann. § 333.2831(c) (2006).

Text: (c) A request that a new certificate be established to show a sex designation other than that designated at birth. The request shall be accompanied by an affidavit of a physician certifying that sex-reassignment surgery has been performed.

Summary: Michigan will issue a birth certificate reflecting the proper sex.

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Minnesota

Statute: Minn. Stat. Ann. § 144.218 (2006)

Administrative Code: Minn. Rules 4601.1100 (2006)

Notes: The Minnesota Office of the State Registrar requires a court order in order to amend the sex designation on birth certificates. The court order must specify whether the original certificate is to be amended or a new certificate is to be issued.

Summary: Minnesota will issue a birth certificate reflecting the proper sex.

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Mississippi

Statute: Miss. Code Ann. § 41-57-21 (2006).

Text: Where there has been a bona fide effort to register a birth and the certificate thereof on file with the office of vital records does not divulge all of the information required by said certificate, or such certificate contains an incorrect first name, middle name, or sex, then the state registrar of vital records may, in his discretion, correct such certificate upon affidavit of at least two (2) reputable persons having personal knowledge of the facts in relation thereto. All other alterations shall be made as provided in Section 41-57-23. Anyone giving false information in such affidavit shall be subject to the penalties of perjury.

Administrative Code: Code Miss. R. 12 000 052, Rules 31-32

Summary: Mississippi will issue a birth certificate reflecting the proper sex.

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Missouri

Statute: Mo. Ann. Stat. § 193.215(9) (2006).

Text: 9. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended.

Notes: Amended birth certificates will be marked "Amended."

Summary: Missouri will issue a birth certificate reflecting the proper sex.

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Montana

Statute: Mont. Code Ann. § 50-15-204 (2005)

Administrative Code: Admin. R. Mont. 37.8.106(6) (2005).

Text: (6) The sex of a registrant as cited on a certificate may be amended only if the department receives a certified copy of the order of a court of competent jurisdiction indicating that the sex of an individual born in Montana has been changed by surgical procedure. The order must contain sufficient information for the department to locate the record. If the registrant's name is also to be changed, the court order must indicate the full name of the registrant as it appears on the birth certificate and the full name to which it is to be altered. Any certified copy issued after the amendment must indicate it was altered.

Notes: The court order must specify whether the original certificate is to be amended or a new certificate issued.

Summary: Montana will issue a birth certificate reflecting the proper sex.

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Nebraska

Statute: Neb. Rev. Stat. § 71-604.01 (2005).

Text: Upon receipt of a notarized affidavit from the physician that performed sex reassignment surgery on an individual born in this state and a certified copy of an order of a court of competent jurisdiction changing the name of such person, the Department of Health and Human Services Finance and Support shall prepare a new certificate of birth in the new name and sex of such person in substantially the same form as that used for other live births. The evidence from which the new certificate is prepared and the original certificate of birth shall be available for inspection only upon the order of a court of competent jurisdiction.

Summary: Nebraska will issue a birth certificate reflecting the proper sex.

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Nevada

Administrative Code: Nev. Admin. Code. Ch. 440, § 130 (2006).

Text: 1. The state registrar may prepare a new certificate of birth for a person having a sexual transformation only upon order of a court of competent jurisdiction. 2. The court order must specify those facts to be changed on the new certificate. All other items must remain as on the original certificate.

Summary: Nevada will issue a birth certificate reflecting the proper sex.

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New Hampshire

Administrative Code: N.H. Code Admin. R. He-P 7007.03(e) (2004).

Text: (e) Upon receipt of a court order advising that such individual born in the state of New Hampshire has had a sex change, a new birth record shall be prepared in accordance with He-P 7007.02 to reflect such change.

Notes: Obtaining an order from the local probate court requires submission of an application, payment of a fee, and an evidentiary hearing. Unless otherwise specified by the court order, the amended certificate will specify what changes have been made.

Summary: New Hampshire will issue a birth certificate reflecting the proper sex.

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New Jersey

Statute: N.J. Stat. Ann. § 26:8-40.12 (2006).

Text: The State registrar shall issue an amended certificate of birth to a person born in this State who undergoes sex reassignment surgery and requests an amended certificate of birth which shows the sex and name of the person as it has been changed.

Summary: New Jersey will issue a birth certificate reflecting the proper sex.

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New Mexico

Statute: N.M. Stat. Ann. § 24-14-25(D) (2006).

Text: D. Upon receipt of a duly notarized statement from the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person, the certificate of birth of the individual shall be amended as prescribed by regulation.

Summary: New Mexico will issue a birth certificate reflecting the proper sex.

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New York State

New York City (has separate vital records division from the state)

Administrative Code: 24 RCNY Hlth. Code § 207.05(a)(5) (2014), as amended by the Birth Certificate Modernization Bill, Int. No. 491-A (effective Jan. 12, 2015).

Text: (a) A new birth certificate shall be filed when . . . (5) (i)(A) A person files either an affirmation from a physician (MD or DO) licensed to practice medicine in the United States and who is in good standing…or (B) an affidavit from a doctoral level psychologist (PhD or PsyD) in clinical or counseling psychology, master social worker, clinical social worker, physician assistant, nurse practitioner, marriage and family therapist, mental health counselor, or midwife, licensed to practice in the United States and who is in good standing to attest that in keeping with contemporary expert standards regarding gender identity, the applicant’s requested correction of sex designation of male or female more accurately reflects the applicant’s sex or gender identity.

(ii) If the request for a new birth certificate includes a name change, the person must also submit proof that his or her name has been changed pursuant to a court order.

Summary: New York City will issue a birth certificate reflecting the proper sex.

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North Carolina

Statute: N.C. Gen. Stat. §§ 130A-118(b)(4), (e) (2005).

Text: (b) A new certificate of birth shall be made by the State Registrar when . . .

(4) A written request from an individual is received by the State Registrar to change the sex on that individual's birth record because of sex reassignment surgery, if the request is accompanied by a notarized statement from the physician who performed the sex reassignment surgery or from a physician licensed to practice medicine who has examined the individual and can certify that the person has undergone sex reassignment surgery.

Summary: North Carolina will issue a birth certificate reflecting the proper sex.

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North Dakota

Statute: N.D. Cent. Code § 23-02.1-25 (2005)

Administrative Code: N.D. Admin. Code § 33-04-12-02 (2006).

Text: Amendments as a result of gender identity change.

1. Evidence and documents required. The birth certificate of a person born in this state who has undergone a sex conversion operation may be amended as follows:

a. Upon written request of the person who has undergone the operation; and

b. An affidavit by a physician that the physician has performed an operation on the person, and that by reason of the operation, the sex designation of such person's birth certificate should be changed; and

c. An order of a court of competent jurisdiction decreeing a legal change in name.

 2. New certificate. Pursuant to such amendment, a new certificate of birth will be created by the state registrar showing original data as transcribed from the original certificate excepting those items that have been amended. The new certificate will be clearly marked in the upper margin with the word "amended".

3. Sealing of original certificate. The original certificate shall be then placed in a special file and shall not be open to inspection except by order of a court of competent jurisdiction or by the state registrar for purpose of carrying out the provisions of North Dakota Century Code chapter 23-02.1 and properly administering the vital records registration program.

Summary: North Dakota will issue a birth certificate reflecting the proper sex.

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Ohio

Statute: Ohio Rev. Code § 3705.15 (2006).

Controlling case law: In re Ladrach, 32 Ohio Misc. 2d 6, 513 N.E.2d 828 (Ohio Prob. Ct. 1987) (interpreting Ohio's birth certificate statute to be only a correction statute that does not encompass correction of sex on birth certificates of individuals who have changed their sex by surgical procedure).

Summary: Ohio will not issue a birth certificate reflecting the correct sex.

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Oklahoma

Statute: 63 Okl. Stat. Ann. § 1-321 (2006).

Administrative Code: Okla. Admin. Code 310:105-3-3 (2006).

Notes: While not specifically provided for by statute or regulation, it is the policy of the Vital Records Bureau to issue new birth certificates for applicants who have undergone sex reassignment, pursuant to the generally applicable procedures.

Summary: Oklahoma will issue a birth certificate reflecting the proper sex.

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Oregon

Administrative Rules: Or. Admin. R. 333-011-0275(1)(e) (2014).

Text: (1) The state registrar shall amend a record of live birth and establish a replacement record of live birth for a person born in this state upon receipt of the following:.

• (e) Sexual reassignment. A certified copy of an order of a court of competent jurisdiction indicating that an individual born in this state has completed sexual reassignment and that the sex on the record of live birth shall be changed.

Notes: Oregon passed HB 2073, effective January 1, 2014, updating its laws to remove the surgery requirement for birth certificate amendments. In order to amend your Oregon birth certificate, you must first obtain a change of gender court order. In order to obtain such a court order, Oregon requires a letter from a health care provider stating that you have undergone appropriate clinical treatment and completed sexual reassignment. Oregon, according to Or. Rev. Stat. § 33.460, defines “sexual reassignment” as surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition.

Summary: Oregon will issue a birth certificate reflecting the proper sex.

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Pennsylvania

Statute: 35 Penn. Stat. § 450.603 (2005).

Notes: Although not specifically mentioned in the statute, the Division of Vital Records will reissue a birth certificate upon court order or submission of a letter from the treating physician stating that reassignment surgery has been performed.

Summary: Pennsylvania will issue a birth certificate reflecting the proper sex.

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Rhode Island

Statute: R.I. Gen. Laws § 23-3-21 (2005).

Administrative Code: R.I. Code R. 14 170 001 §§ 35-37 (2004).

Notes: For changes to the sex designation on birth certificates, the Office of Vital Records has a policy requiring a notarized statement from the hospital or clinic where surgery was performed, signed by the physician in charge of the surgery. The amended certificate will state only that the name has been amended; it will not show the former name.

Summary: Rhode Island will issue a birth certificate reflecting the proper sex.

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South Carolina

Statute: S.C. Code Ann. § 44-63-150 (2005).

Administrative Code: S.C. Code Ann. Regs. 61-19 (2006).

Notes: Although not explicitly addressed by statute or administrative code, South Carolina will issue an amendment as an attachment to the original birth certificate.

Summary: South Carolina will issue a birth certificate reflecting the proper sex.

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South Dakota

Administrative Codes: S.D. Admin. R. 44:09:05:02; 44:09:05:09(4)

Notes: Although not specifically mentioned in the statute, the State Registrar provides amended certificates to reflect sex reassignment if given a court order. Although the Registrar will follow any specific instructions in the court order, their general policy is to issue a new certificate with no indication of amendment.

Summary: South Dakota will issue a birth certificate reflecting the proper sex.

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Tennessee

Statute: Tenn. Code Ann. § 68-3-203(d) (2006).

Text: The sex of an individual will not be changed on the original certificate of birth as a result of sex change surgery.

Notes: This is the only state that has a statute specifically forbidding the correction of sex designations on birth certificates for transgender people.

Summary: Tennessee will not issue a birth certificate reflecting the proper sex.

Texas

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Utah

Statute: Utah Code Ann. § 26-2-11 (2004).

Text: § 26-2-11. Name or sex change -- Registration of court order and amendment of birth certificate

(1) When a person born in this state has a name change or sex change approved by an order of a Utah district court or a court of competent jurisdiction of another state or a province of Canada, a certified copy of the order may be filed with the state registrar with an application form provided by the registrar.
(2) (a) Upon receipt of the application, a certified copy of the order, and payment of the required fee, the state registrar shall review the application, and if complete, register it and note the fact of the amendment on the otherwise unaltered original certificate.
 (b) The amendment shall be registered with and become a part of the original certificate and a certified copy shall be issued to the applicant without additional cost.

Notes: Amended certificates will state that an amendment has been made. Older certificates may simply be amended directly on the face of the document, with all changes visible.

Summary: Utah will issue a birth certificate reflecting the proper sex.

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Vermont

Statute: 18 Vt. Stat. § 5112 (2011)

An affidavit by a licensed physician who has treated or evaluated the individual stating that the individual has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition shall constitute sufficient evidence for the court to issue an order that sexual reassignment has been completed. The affidavit shall include the medical license number and signature of the physician.

Summary: Vermont will issue a birth certificate reflecting the proper sex.

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Virginia

Statute: Va. Code Ann. § 32.1-269(E) (2006).

Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such person's certificate of birth to show the change of sex and, if a certified copy of a court order changing the person's name is submitted, to show a new name.

Administrative Code: 12 Va. Admin. Code § 5-550-320 (2006).

12 VAC 5-550-320. Change of Sex. Except as provided in subdivision 3 of 12 VAC 5-550-450 [concerning intersex conditions], upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.

Summary: Virginia will issue a birth certificate reflecting the proper sex.

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Washington

Notes: Washington's statutes and administrative code are silent about amending vital records. The Department of Health's policy is to issue an amended certificate upon submission of a letter, on letterhead, from the requestor's medical or osteopathic physician stating that the requestor has had the appropriate clinical treatment.

Summary: The State of Washington will issue a birth certificate reflecting the proper sex.

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West Virginia

Statute: W. Va. Code § 16-5-25 (2006).

Administrative Code: W. Va. Code St. R. § 64-32-12 (2006).

Notes: The practice of the State Registrar is to issue an amended birth certificate upon submission of either a court order or a notarized statement from the treating physician that reassignment surgery has been completed.

Summary: West Virginia will issue a birth certificate reflecting the proper sex.

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Wisconsin

Statute: Wis. Stat. Ann. § 69.15 (2006).

Text: (1) BIRTH CERTIFICATE INFORMATION CHANGES. The state registrar may change information on a birth certificate registered in this state which was correct at the time the birth certificate was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band or nation if:

(a)   The order provides for an adoption, name change or name change with sex change or establishes paternity; and

(b)   A clerk of court or, for a paternity action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state on a form supplied by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

Notes: The court order must specify whether the original certificate is to be amended or a new certificate issued.

Summary: Wisconsin will issue a birth certificate reflecting the proper sex.

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Wyoming

Statute: Wyo. Stat. Ann. § 35-1-424 (2005).

Administrative Code: WY Rules and Regulations HLTH VR Ch. 10 s 4(e)(iii) (2004).

Text: (iii) When the sex of an individual has been changed, a court order shall be required to amend the birth certificate.

Notes: Unless other specified by court order, the amended certificate will show all changes that have been made.

Summary: Wyoming will issue a birth certificate reflecting the proper sex.

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Separation and divorce are always hard, and can become more complicated after one spouse comes out of the closet. As the straight spouse, you may feel shocked, hurt, angry and confused. While no two situations are the same, keep in mind that many lesbian, gay, bisexual and transgender (LGBT) people come out after they marry, and many couples in this situation have children. While your pain and anger will hopefully lessen over time, the steps you take concerning your children will have long-term effects, so sustaining your and your spouse’s relationships with your children should be a primary goal.

When deciding what’s best for your family remember that:

• Your spouse is the same parent. There’s no reason to believe that your spouse will care for your children any less or any differently after coming out.
• Many good parents are gay. Children raised by LGBT parents are as healthy, secure and happy as children raised by straight parents. Millions of children nationwide have lesbian or gay parents.
• Your children need stable parental relationships. Your children need to continue their relationships with both parents to help them adjust to your separation. Maintain continuity for your children — don’t abruptly change or end visits — especially in times of change. When things get rough, consider the situation from the perspective of your children.
• Children need comfort through separations. Let your children know that the separation or divorce is not their fault. Make sure that they know they are not loved any less, and are not losing a parent, even though you and your spouse will not be living together.
• Your spouse may have come out only to you. Your spouse may not be ready to tell others. Don’t out your spouse. If possible, decide together what you are both comfortable telling other people about why your relationship is ending.
• You can try to work things out. You can work together, and with a mediator if necessary, to create a positive parenting plan.
• You want to do the right thing. When you’re ready to make child custody and visitation decisions, don’t use sexual orientation against your spouse — it doesn’t affect parenting ability. Courts use a child-centered approach that looks at the best interests of the child — and you should too.
• You are setting an example. You will help your children to accept change by modeling respect and acceptance for your spouse.
• There’s help if you need it. You can get support from others living through similar situations. Find a local group or talk with friends and family. The Straight Spouse Network is a great resource.

A pact for our kids

When Jody realized that she might be a lesbian, we made a pact up front: “No matter what happens between us, the kids come first.” Two-and-a-half years later we were divorced. It wasn’t always easy and we’ve had our issues, but we agreed that they were our issues, and not the kids’. Our early teen daughters were angry at first — that their family was changing and their mother had “done this” to them, but they soon realized that she was still their loving mother. The joint custody we settled on is flexible. We live close by, and our agreement allows the children to decide where they’ll stay according to their own needs. No two situations are going to be the same — you have to consider what your kids want and decide what’s best for them. For us, our pact has been what made things work. — Jeff Buechler, Group Facilitator, Straight Spouse Network

Our Path (formerly, The Straight Spouse Network) is an international support network of heterosexual spouses or partners, current or former, of gay, lesbian, bisexual, or transgender mates. Members provide confidential personal support and resource information to spouses and partners nationwide and abroad. Our Path is the only support network of its kind in the world.

ourpath.org

On June 1, 2011 The “Illinois Religious Freedom Protection and Civil Union Act” went into effect. These are answers to frequently asked questions about the civil union law and what it means for Illinoisans.

On October 25, 2006, in Lewis v. Harris, Lambda Legal won a declaration from the New Jersey Supreme Court that barring same-sex couples from the rights and benefits of marriage violated the constitutional promise of equality. The court gave the New Jersey Legislature a deadline of 180 days to correct the violation, and the legislature chose to create the separate status of civil unions. Below are answers to frequently asked questions about the new civil union law and what is required under the Court's mandate in Lewis v. Harris.

PLEASE NOTE: This document offers general information only and is not intended to provide guidance or legal advice regarding anyone's specific situation. This is an evolving area of law in which there is bound to be uncertainty, and we will be working with New Jersey attorneys to promote the best results. If you have additional questions or are looking for contact information for private attorneys who might advise you, contact Lambda Legal's Help Desk.

Q: What is a civil union?

A: Under New Jersey's new law, a civil union is the legally recognized union of two individuals of the same sex. Civil union couples receive the legal benefits and protections and are subject to the legal responsibilities provided under New Jersey law to married couples. But a civil union is not a marriage. The legislature reserved the status of a marriage for different-sex couples. Although the difference in the two statuses does create constitutional and other problems that are discussed more below, any same-sex couples who otherwise would choose to marry should give serious thought to entering into a civil union because of the vast set of protections summarized below.

Q: Who can enter into a New Jersey civil union?

A: Two people are eligible to enter into a civil union together if they are:

• the same sex
• over 18 years old (or meet requirements for an exception)
• not a party to another civil union, domestic partnership or marriage
• not closely related to each other (for example, not an ancestor, descendant, sibling, niece, nephew, aunt or uncle)

Q: What if we already have a New Jersey registered domestic partnership together or are considering entering into one?

A: Same-sex couples who entered into registered domestic partnerships before the effective date of February 19, 2007 for the new civil union law may remain domestic partners or may enter into a civil union. Entry into a civil union will automatically terminate the domestic partnership. And once the law is effective, only couples (either same-sex or different-sex) in which both partners are 62 years or older will be eligible to register as domestic partners in New Jersey.

Q: How do my partner and I enter into a civil union in New Jersey?

A: The process for getting a civil union is largely the same as for getting a marriage in New Jersey.

First you must obtain a civil union license from a licensing officer, such as a clerk or registrar, in the municipality where either of you resides. You must appear together in person to get the license. You'll need the approved forms of identification, your Social Security numbers, the names and county of birth of your parents, $28 to pay the fee and a witness who is at least 18 and knows you both. Call ahead to make sure you are going to the right place, and confirm what particular type of identification that municipality requires (for example, driver's license, birth certificate, lease, passport) and what forms of payment that municipality accepts.

The civil union license may not be issued until 72 hours after you apply for it, except in cases of emergency where the clerk can explain the procedure available for getting the license sooner. You will then need to have a ceremony of civil union within 30 days of issuance of your license. Two witnesses 18 or over must be present at the ceremony and sign the certificate of civil union, which is included on the civil union license form.

Q: Who can preside over our civil union ceremony?

A: The ceremony may be performed by the same individuals authorized to perform marriages in New Jersey, including any minister of any religion, judges and other officials. Specifically, the following individuals are authorized to perform your civil union ceremony under New Jersey law: A judge of the United States Court of Appeals for the Third Circuit; a judge of a federal district court; a United States magistrate; a judge of a municipal court, the Superior Court or a tax court; a retired judge of the Superior Court or tax court; a judge who has resigned in good standing from what formerly was the County Court, the County Juvenile and Domestic Relations Court or the County District Court; the surrogate of any county; a county clerk; a mayor or deputy mayor when authorized by the mayor; the chairman of any township committee or village president in New Jersey; and any minister of any religion. In addition, every religious society, institution or organization in New Jersey is also authorized to join together individuals in a civil union according to its rules and customs. If a government official who performs marriages refuses to perform a civil union ceremony for you, please contact Lambda Legal's Help Desk at 212-809-8585 .

Q: What will our rights and responsibilities be under New Jersey law if we enter into a civil union?

A: A New Jersey civil union automatically includes you in the myriad legal rights and responsibilities under state law conferred on a married couple. In the words of the civil union legislation, a New Jersey civil union grants "all of the same benefits, protections and responsibilities under the law, whether they derive from statute, administrative or court rule, public policy, common law or any other source of civil law, as are granted to spouses in a marriage."

The enormous web of state-based rights and responsibilities include, for example, to the same extent as possessed by a married spouse:

• rights to family leave benefits
• rights relating to joint ownership of property
• rights relating to insurance, health and pension benefits
• rights relating to state public assistance benefits
• obligations and benefits relating to taxes imposed by the state or a municipality
• privileges not to testify against a civil union partner in court proceedings
• rights relating to emergency medical care and hospital visitation
• rights to receive workers' compensation benefits if a civil union partner dies on the job
• rights relating to inheritance
• rights to bring wrongful death and other kinds of claims that previously depended on spousal status
• rights and judicial forums relating to separation, termination of the civil union and caring for the children of the couple.

Civil unions provide far more than that, vastly surpassing the small number of rights provided under New Jersey's Domestic Partnership Act. That Act, for example, only required health and pension benefits for state employees - it was voluntary for other employers - and did not require family leave to care for an ill partner. For a detailed analysis of what the Domestic Partnership Act does not cover, consult the Brief of the New Jersey State Bar Association.

You should also be aware that with the benefits of civil union come the same legal responsibilities towards your civil union partner as others have towards their spouses, such as liability for your partner's debts, limitations on your ability to make unilateral decisions about your property and who will inherit from you, and obligations to provide support for your partner both during the civil union and if it is terminated.

Q: So will my employer have to give my civil union partner health insurance coverage?

A: There are employers who must do so and those who should do so. The court said that government cannot treat same-sex couples differently from different-sex couples regarding rights and benefits of marriage, so government employers, both state and local, must treat equally the civil union partners and married spouses of employees. In addition, New Jersey law bars discrimination against civil union partners, so many private employers and others — like businesses, and insurance companies — will be barred from discriminating against someone because he or she is a partner in a civil union. In many circumstances this will mean that private parties must treat civil unions and marriages equally. But in areas that involve federal law, there may be circumstances where a few employers will argue that New Jersey's non-discrimination protection may not apply to civil union partners. This may be the case with some employer-provided health insurance where federal laws are involved, and in particular when the employer is self-insured. Here too the law is evolving, and you should consult with an attorney for advice about your particular situation. But keep this in mind: when a self-insured private employer says that federal law trumps the state's non-discrimination law, that still does not mean the employer is required to choose discrimination. Instead it means that the employer can choose whether or not to discriminate, and it should choose not to, even if that means changing the terms in its plan. In the meantime, we are developing the legal arguments for why such an employer must not discriminate.

Q: What does a civil union mean for federal benefits and protections?

A: It is near certain for now that the federal government will not respect your civil union for the purpose of the federal benefits, protections, and obligations that married spouses have, such as Social Security benefits, immigration protections, veterans' benefits, and taxation. That's true even for the married same-sex couples in Massachusetts. For example, for both married or civil unionized same-sex couples, the value of health insurance benefits from an employer for a spouse or civil union partner will be counted as income to the employee for the purpose of federal taxes. The day will arrive when it will be strategic for us to challenge the federal government's lack of respect for states' legal recognition of same-sex relationships. In the meantime, it's important to consult a professional accountant regarding the implications of your civil union on your federal tax filing, including the valuation of health insurance benefits as taxable income.

Q: Should we enter a New Jersey civil union?

A: In most ways, the answer is no different than it has been for different-sex couples deciding whether to marry: such a very serious decision is up to you. You confront the weighty considerations that different-sex couples have confronted across time in deciding whether to marry, because a civil union is an important commitment that carries many state law-based rights, protections and responsibilities that can affect many aspects of your life. So, for example, being in a civil union could disqualify you from the state government's income-based public assistance programs, as would a marriage, because your partner's income and assets may be counted in with yours.

But, in a few ways, same-sex couples, whose relationships are disrespected as a matter of law in other states and are unlikely to be honored by the federal government, have extra considerations. For example, you cannot be certain whether your civil union will be respected should you travel or move to most other states. That can mean, for example, if you've moved to another state, you may not be able to dissolve your relationship if you need to someday (as do roughly half of all married heterosexuals). For some people there are a few other special issues that are very important to consider before entering into a civil union. For example,

• The military may view a New Jersey civil union as grounds for a discharge under its discriminatory policies towards lesbian and gay personnel.
• Being in a civil union could raise problems for you if you have certain immigration statuses (for more information, consult Immigration Equality).
• If you are in the process of adopting a child or planning to do so, you should be aware that some states and countries allow single-parent but not same-sex-couple adoptions, so depending on where you may adopt from your civil union could complicate matters for you.

But any same-sex couple in New Jersey who would have otherwise chosen marriage after careful consideration should give serious thought to choosing a civil union because of the vast set of protections that flow from it.

Q: If we enter into a New Jersey civil union, will we be able to get married later?

A: When the day comes that same-sex couples have the freedom to marry in New Jersey, you shouldn't have obstacles to marrying the same person to whom you've committed in a civil union. But this is unbroken legal ground. Presumably the state legislature would act to clear up the problems it caused by creating a separate status of civil unions, as it attempted to do in providing that engaging in a civil union would extinguish a domestic partnership.

Q: If I live in New Jersey, but my partner and I entered into a civil union in Vermont, will it be recognized in New Jersey?

A: The new civil union law provides that your civil union entered into elsewhere will be treated as a valid civil union in New Jersey. That applies to civil unions from Connecticut or Vermont, or a California registered domestic partnership, which is the legal equivalent of a civil union. This was confirmed by New Jersey's Attorney General in a formal opinion dated February 16, 2007.

Q: If my partner and I have a marriage from Canada, will New Jersey respect it?

A: They should. But New Jersey's Attorney General, in the February 16, 2007 opinion, declared that same-sex couples' marriages from other states or countries will be respected only as civil unions. That does extend the same protection provided to same-sex couples who enter civil unions, but just as denying same-sex couples the freedom to marry and limiting them to civil unions does, it labels all same-sex couples, including those legally married elsewhere, as second-class citizens, because the State treats them as unworthy of the respect given to married different-sex couples. The legislature should move quickly to erase that mark of unworthiness and stop the damage it inflicts on families.

Q: Even if I already have a civil union or marriage from somewhere else, wouldn't it be safer to enter into a civil union where I live in New Jersey, too?

A: That is unnecessary, and perhaps unwise. The Attorney General has confirmed it is unnecessary, stating that couples with out-of-state marriages or civil unions "need not secure a New Jersey civil union license or solemnize their relationships in this State in order to enjoy all of the rights and obligations of a New Jersey civil union." And creating an additional legal status for your relationship may create more problems than it solves, so you should seek legal advice. For example, others may argue that you have disavowed your first legal status by creating a new one, and there are circumstances in which it may be important to you to get respect for the earlier status, such as when the beginning date of the legal relationship affects how ownership of property is treated for tax or other purposes. Also, should your relationship end, you may have more difficulty dissolving your legal obligations if there are two outstanding statuses. These are just some of the issues to explore with counsel.

Q: If my partner and I have or plan to have children, what does the New Jersey civil union law mean for us?

A: Securing your legal relationships with your children is vitally important. We offer here only general information in this evolving area of law. We urge you to consult with an attorney for advice on your individual circumstances and what you should do to ensure that you establish legal parenthood.

If both partners to the civil union had a formal legally-recognized parent status to children before the civil union (e.g., through joint or second-parent adoption), the status remains unaltered legally by the civil union, as both partners remain legal parents.

If one partner did not have a formal legally recognized parent status prior to the civil union, the civil union will not change that. As a result of the civil union, that parent may be considered a stepparent, carrying the weight that has in New Jersey. But the only certain way to become a formal legally recognized parent in this situation is for the second parent to adopt the child in court. The adoption decree is a legal judgment that is recognized broadly outside of the state and has legal significance independent of the civil union. It is vital that you consult an attorney and take steps to secure legal parenthood through a second-parent adoption.

If a child is born to one partner after the couple enters into a New Jersey civil union, both partners will be legally presumed to be the child's legal parents within New Jersey, just as a child born into a marriage is presumed to be the child of both spouses. This legal presumption is profoundly important to the security of the child. However, the presumption does not have the same effect as a court judgment. Since the civil union and the protections under New Jersey law that flow from it may not be accorded legal respect in other states, relying on the fact of the civil union alone to establish legal parenthood exposes you and your child to the risk that parenthood may be challenged in another jurisdiction. Therefore, it is vital that you consult an attorney and pursue securing your child's legal status with both parents through a second-parent adoption. Likewise, if a civil union couple adopts a child, the legal relationship of the child should be secured with both parents through joint or second-parent adoption.

In other important respects beyond these considerations, entering into a civil union brings your children the same legal protections and security that married couples obtain for their families under New Jersey law.

Q: Even if my partner and I enter into a New Jersey civil union, are there other precautions we should take?

A: Yes. A civil union is new in New Jersey, and legal statuses for same-sex couples are just beginning to be established in various forms elsewhere in the country. This is a rapidly evolving legal area with much uncertainty. Our experience with New Jersey's domestic partnerships shows us that a status other than marriage is confusing to some people, and invites all people to be discriminatory — despite what the law requires — because a separate status signals unworthiness. Further, the federal government and many other states may not respect your New Jersey civil union, so it is especially important to consider whether you have adequate protections if you are traveling outside of the state. You should consult with an attorney if possible about steps you should take apart from your civil union to provide more security to one another and to your family. For example, you can better protect each other through legal documents like wills, health care proxies, advance directives, cohabitation agreements and powers of attorney. Many of these legal protections are routinely obtained by married couples as well to afford greater security for their family; they can be that much more important for same-sex couples whose New Jersey civil unions may not be respected outside of the state.

Q: If we enter a civil union, can we change our names like married people do?

A: Yes. The right of a married spouse to change a surname without petitioning a court is available to a civil union partner, too. But keep in mind that the name follows you outside New Jersey, into interactions with other states, the federal government, and — if you travel abroad — with other countries. You will likely encounter lack of respect for New Jersey's civil union law, and you may encounter worse. As an example of lack of respect, the passport agency has required a court decree of a name change even for couples married in Massachusetts. You will want to consider minimizing problems either by not changing your name or, for those who can afford it, getting a court decree of the change.

Q: What would I need to do to end a New Jersey civil union?

A: You would terminate a New Jersey civil union in court the same way a marriage is terminated in New Jersey. Essentially the same steps and criteria for nullifying or dissolving a marriage apply to a civil union, as do the provisions for alimony, dividing assets and allocating responsibilities for the partners' children.

Q: Can we enter into a New Jersey civil union if we don't live in New Jersey?

A: New Jersey does not have a residency requirement to obtain a New Jersey civil union license, though the civil union must be performed within New Jersey, and the license is obtained in the municipality where the civil union will be performed.

It is important to be aware, however, that New Jersey does have a residency requirement to bring a court proceeding to terminate a civil union, as with marriage. If the unexpected should happen and you someday want to terminate the civil union, you may be unable to do so in either your home state (depending on where you live) or New Jersey, unless you first move to and establish residency in New Jersey.

Moreover, you should be aware that depending on where you live, your New Jersey civil union may not be accorded legal respect in your home state. You also may want to consider whether entering into a marriage in Canada or another jurisdiction that permits same-sex couples to marry might provide your family with greater legal security in your home state (NOTE: this is especially true if you live in New York State, where there has been widespread respect for the marriages in Canada of same-sex couples residing in New York). This is an evolving area of law that varies a great deal from state to state and is still very uncertain; you should consult with an attorney for advice about your situation.

Finally, as discussed above, you should also be aware that at present the federal government has not been according legal respect to either civil unions or marriages of same-sex couples.

Q: Does this new law provide lesbian and gay couples and their families equal treatment?

A: Absolutely not. Although the New Jersey civil union law grants same-sex couples very significant legal protections, it denies them the right to marry and enter into an enormously important legal and cultural institution, one well understood worldwide. By creating a separate institution of "civil union," the New Jersey government says loud and clear that lesbians and gay men are inferior because any committed relationships they might have are unworthy of marriage. In dissenting from the New Jersey Supreme Court's referral of Lambda Legal's case to the New Jersey Legislature, Chief Judge Poritz explained that: "What we name things matters, words matter. . . . By excluding same-sex couples from civil marriage, the state declares that it is legitimate to differentiate between their commitments and the commitments of heterosexual couples. Ultimately, the message is that what same-sex couples have is not as important or as significant as 'real' marriage, that such lesser relationships cannot have the name of marriage." That message the government sends is a dangerous example for others in New Jersey that lesbian and gay people are fair game for discrimination and abuse.

The creation of civil unions was for no other reason than to set up a separate and second-class status for the lesbian and gay minority. Even for those who would not necessarily accept the government's invitation to further bias, there is still the common puzzlement over the meaning of a status like a "civil union," which fails to convey clearly and automatically the level of respect due to a marriage. We've seen that already with New Jersey's "domestic partnerships;" in one particular instance hospital staff refused to respect the status of an unconscious patient's partner, telling her that they needed to talk to a "family" member.

Q: What can we do?

A: The future for equality lies in New Jersey's legislature or the courts. For the work in either context, it's vital for couples in civil unions who experience problems with legal recognition of their status to let us know at Lambda Legal. And for lobbying legislators to end discrimination please contact Garden State Equality at 973-GSE-LGBT. To contact Lambda Legal, please call our Help Desk at 212-809-8585 or www.lambdalegal.org/help.

Whether you’re transgender or gender non-conforming, questioning, or an ally, this kit is designed to help you make your school a safer place. We’ve included ideas and information to help you advocate for change. There’s also an extensive list of resources to help you connect with the transgender community and find support.