Alabama

Alabama legal documents designed to protect your family no matter your relationship status

Alabama

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Rainbow Law has a document package designed to protect same-sex partners in Alabama. We offer 9 unique Affordable Document Packages, Individual Legal Documents and FREE Advance Directives to help protect your rights and the rights of your family. To order a legal document package that complies with Alabama law, hover your mouse over the “Buy A Package” link in the top menu and click on the package that best suits your needs in the drop-down list. If you’re not sure what package is right for you, click this link and we’ll help you figure out what you need.

Although the US Supreme Court has held that the federal government cannot discriminate against gay and lesbian couples legally married and living in a state that recognizes that marriage, lesbian, gay, bisexual, and transgender (LGBT) couples living in Alabama are not legally recognized as spouses even if they were married in a marriage equality state or country. Gay and lesbian Alabamans have several groups working hard to achieve LGBT equality – among them is Equality Alabama.

State Rep. Patricia Todd, D-Birmingham, became Alabama’s first openly gay public official when she was elected in 2006. She represents District 54 in downtown Birmingham and is the Associate Director of AIDS Alabama.

Alabama same-sex partners and family members may experience discrimination in many different ways. Some of them, like snubbing by your family of origin or by complete strangers in a social setting, can’t be dealt with legally; they require a set of adaptive behaviors, including education, humor, and a thick skin. But typical anti-discrimination laws do cover several areas.

Here is a run-down on Alabama law affecting the LGBTQ community:  

1 Recognition of Same-Sex Relationships: Since the passage of the Alabama Amendment 774 by 81% in June 2006, both same-sex marriage and civil unions have been banned by Alabama’s state constitution.:

2 Adoption Law: Alabama permits adoption by individuals. State law does not prohibit LGBT person from adopting either singly or as a couple, but no court has ruled in a case that raised the issue.

3 Anti-Discrimination Law: Since 1994, Alabama has had a hate crimes law applicable to “race, color, religion, national origin, ethnicity, or physical or mental disability.” The current law does not apply to crimes committed on account of sexual orientation or gender identity.On April 24, 2009, State Representative Alvin Holmes introduced HB533, a bill that would have added sexual orientation to the list of hate crime categories. State Representative Patricia Todd, the legislature’s first and only openly‐LGBT member, unsuccessfully attempted to add gender identity to the bill but was opposed by Holmes and other legislators. Holmes said he believed that his bill covering only sexual orientation would protect persons victimized as a result of their gender identity.Holmes had introduced identical bills in previous sessions: HB829 (2008),HB247 (2007), HB57 (2006), HB423 (2001), HB85 (2000), and has pushed for the inclusion of sexual orientation in the hate crimes law since at least 1999. In April 2009, the Alabama House of Representatives passed Holmes’ bill by a vote of 46 to 41.The Alabama Senate Judiciary Committee later approved the bill, but the full senate took no action on it before the legislature adjourned on May 15, 2009.

4 Sodomy Law: Same-sex sexual activity has been legal in Alabama since 2003, when the United States Supreme Court decision in Lawrence v. Texas struck down all state sodomy laws. The state’s sodomy law, although unenforceable, has not been repealed by the Alabama Legislature.

5Gender Identity: Transsexual persons born in Alabama may request an amended birth certificate with a corrected name and sex after undergoing sex reassignment surgery.

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