When NCLR was founded over 31 years ago, nearly all the cases on our docket were about ensuring LGBT parents could keep custody of their children after they came out.
Our 30 years of legal victories have changed the legal landscape for all LGBT parents and families. But we know there is still so much more to be done. State by state, NCLR is making sure that all children raised and parented by LGBT people—regardless of whether those parents are single, in a relationship, have legal paperwork in place, or are biologically related to their children—are provided with the legal protections that all children need.
news & opinion
Press Release
New Law Protects Children Born to Same-Sex Parents in the District of Columbia
National Center for Lesbian Rights, Gay and Lesbian Activists Alliance of Washington, and Law Professor Nancy Polikoff applaud new legal protections for children
07.22.09—The National Center for Lesbian Rights (NCLR), Gay and Lesbian Activists Alliance of Washington (GLAA), and American University law professor Nancy Polikoff applaud the enactment of a new law to protect children born to same-sex parents in the District of Columbia. Councilmember Phil Mendelson was the principal sponsor of the measure known as Bill 18-66, the Domestic Partnership Judicial Determination of Parentage Act of 2009.
Press Release
Florida Court of Appeal Holds that Florida Must Honor Second-Parent Adoptions by Same-Sex Couples
05.13.09—Today, the Florida Court of Appeal unanimously reversed a lower court ruling and held that Florida must give full faith and credit to adoptions granted to same-sex couples by other states, holding that Lara Embry, the plaintiff in the case, “must be given the same rights as any other adoptive parent in Florida." The court based its decision on the Full Faith and Credit Clause of the federal constitution and a Florida statute requiring Florida to honor adoption decrees from other states. Noting that "there are no public policy exceptions to the full faith and credit which is due to judgments entered in another state,” the court concluded that "regardless of whether the trial court believed that the Washington adoption violated a clearly established public policy in Florida, it was improper for the trial court to refuse to give the Washington judgment full faith and credit." A concurring opinion further noted that Embry’s "same-sex relationship with [the other parent] is irrelevant for the purpose of enforcing her rights and obligations as an adoptive parent."
Press Release
California Supreme Court Unanimously Rules That Doctors Cannot Deny Treatment to Lesbian Patients
Justices reject attempt to create exception to California non-discrimination law
08.18.08—Today, the California Supreme Court issued a unanimous ruling in Benitez v. North Coast Women’s Care Medical Group, declaring that the physicians of the North Coast Women’s Care Medical Group cannot deny medical treatment to individuals based on their sexual orientation. In 1999, North Coast Women’s Care Medical Group refused to provide fertility treatments to Guadalupe Benitez because Benitez is a lesbian in a same-sex relationship. In its historic decision, the court ruled today that California law prohibits such discrimination and rejected the doctors’ argument that their religious beliefs should enable them to deny treatment based on an otherwise legally protected characteristic. Jennifer C. Pizer of Lambda Legal argued the case before the California Supreme Court on May 28, 2008. The National Center for Lesbian Rights filed an amicus brief along with medical, civil rights, and community based organizations, in support of Benitez’s claim.
click here to read the California Supreme Court decision (pdf)
from the docket
Victory! (Iowa)
Johnson v. SooHoo
Marilyn Johnson and Nancy SooHoo raised two children together while living in Minnesota. When the couple broke up, Johnson unilaterally cut off contact between SooHoo and the children. The Minnesota Supreme Court held in 2007 that SooHoo was a person “in loco parentis” who had a parent-child relationship with the children, and found that it was in the children’s best interest to have visitation with SooHoo, whom they called “mommy.” In 2008, Johnson moved the children to Iowa and later filed a petition in Iowa in an attempt to end SooHoo’s visitation with the children.
Victory! (Ohio)
In re J.D.F.
T.L. and D.F., a lesbian couple, planned to have a child together. D.F. gave birth to their child, J.D.F. In order to protect the child’s relationship with both parents, the couple entered into a court-approved joint custody agreement. Several years later, T.L. and D.F. separated and agreed to share custody.
Victory! (Florida)
L.E. v. K.R.
L.E. and K.R. are a female couple who had two children together in Washington. Each partner gave birth to one child, and each adopted her non-biological child through a second-parent adoption in Washington. The couple moved to Florida, and their relationship ended several years later. They entered into an agreement and successfully shared equal custody and visitation with both children until K.R. broke the agreement.
program highlights
Workshop at National Queer API Alliance Conference in Seattle, WA
On August 14, 2009 at the National Queer API Alliance (NQAPIA) Conference in Seattle, Wa., Cathy Sakimura and Ming Wong of NCLR presented an hour and a half long workshop, “Protecting Your Family’s Rights,” to promote legal literacy for LGBTQ API community members around family law issues, and to highlight the importance of putting in place vital protections for their families. The workshop covered a broad range of family law topics, including partner protections for same-sex couples, child custody disputes in which one parent raises the issue of sexual orientation or gender identity to reduce or deny custody, and protections for non-biological parents. The workshop also provided participants with information so they could find out more about what legal resources were available in their state and local areas.
publications & downloads
Legal Recognition of LGBT Families (pdf)
This publication provides an overview of the legal rights of LGBT parents and their children in the United States.
Lifelines: Documents to Protect You and Your Family(pdf)
English Español
This publication contains information about essential documents that will help you protect yourself and your loved ones in the event of illness, disability, or death.
Parents who are LGBT, Same-Gender Loving, or Two Spirit: Protect Your Rights!
English | Español
A brochure for LGBT parents about how to protect their rights.