Legal services to elderly GLBT individuals and couples often center on capturing, through affirmative estate and life planning steps, rights that are afforded to non-GLBT individuals by law or tradition. This section of the Elder Justice Scholars Web site offers links to Articles and Organizations students and practitioners may find helpful in assisting GLBT clients overcome the obstacles of inequality and discrimination.

Status of Same Sex Marriage in the U.S.

Marriage confers several key rights and protections, including tax exemptions, eligibility for government benefits, and preference in estate planning.  Exclusion from the right to marry denies elderly same-sex couples access to more than a thousand federal spousal benefits, a deficit that is compounded in a majority of states.  Discrimination further complicates the financial and health care landscape for GLBT elders. Full Marriage Equality California Massachusetts Broad Recognition - all or nearly all the rights and protections of marrriage: Connecticut New Hampshire New Jersey Oregon Vermont Limited Recognition - limited rights and protections of marriage under state domestic partnership laws: Maine Hawaii Washington District of Columbia Proactive Respect of Out of State Marriages of Same-Sex Couples: New York State With Constitutional Amendments Banning Same-Sex Marriage: Alabama Alaska Arkansas Colorado Georgia Idaho Kansas Kentucky Louisiana Michigan Mississippi Missouri Montana Nebraska Nevada North Dakota Ohio Oklahoma Oregon South Carolina South Dakota Tennessee Texas Utah Virginia Wisconsin Amendment to State Constitution Empowers Legislature to Ban Same Sex Marriage: Hawaii In addition to the state constitutional amendments, the District of Columbia and all states except California and Massachusetts have statutes or interpret their statutes to bar marriages of same-sex couples. Adapted from National Gay and Lesbian Task Force and Lambda Legal.

GLBT-Related Articles

Legal and Financial Planning Topics Matthew R. DuBois, Legal Planning for Gay, Lesbian, and Non-Traditional Elders, 63 Alb. L. Rev. 263 (1999). Ellen D.B. Riggle et al., The Execution of Legal Documents by Sexual Minority Individuals, 11 Psychol. Pub. Pol'y & L. 138 (2005). Rebecca K. Glatzer, Equality at the End: Amending State Surrogacy Statutes to Honor Same-Sex Couples' End-of-Life Decisions, 13 Elder L. J. 255 (2005). Ralph Randazzo, Elder Law and Estate Planning for Gay and Lesbian Individuals and Couples, 6 Marq. Elder's Advisor 1 (2004). Adam Chase, Tax Planning for Same-Sex Couples, 72 Denv. U. L. Rev. 359 (1995). Patricia A. Cain, A Review Essay: Tax and Financial Planning for Same-Sex Couples: Recommended Reading, 8 Law & Sexuality 613 (1998). Camille M. Quinn & Shawna S. Baker, Essential Estate Planning for the Constitutionally Unrecognized Families in Oklahoma: Same-Sex Couples, 40 Tulsa L. Rev. 479 (2005). Jane A. Marquardt, A Will -- Not a Wish -- Makes It So, 20-SUM Fam. Advoc. 34 (1997).

GLBT Organizations

National National Center for Lesbian Rights (NCLR)   The NCLR Elder Law Project advocates for policies and legislation to protect the medical and financial rights of GLBT elders, and educates the professionals (health care providers, lawyers, case workers) who are charged with assisting them. 870 Market Street Suite 370 San Francisco CA 94102 415.392.6257 800.528.6257 Services & Advocacy for GLBT Elders (SAGE)  SAGE is a non-profit agency that aims to address the challenges of discrimination GLBT elders face in senior service settings, while also being an essential component in the creation of informal caregiving support and development of new “family” networks. 305 7th Avenue, 6th Floor New York, NY  10001 212.741.2247 National Gay and Lesbian Task Force  The mission of the National Gay and  Lesbian Task Force is to build the political strength of the GLBT community and advance an agenda of diversity and freedom of identity. 1325 Massachusetts Ave. NW, Suite 600 Washington, DC 20005 202.393.5177 202.393.2241 Lambda Legal  Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work. 120 Wall Street, Suite 1500 New York, NY  10005-3904 212.809.8585 Lesbian and Gay Aging Issues Network (LGAIN)  A constituent group within the American Society on Aging, a professional membership organization focused on the field of aging. LGAIN works to raise awareness about obstacles GLBT elders face in securing housing, long-term care, and other services. 833 Market Street, Suite 511 San Francisco, CA  94103 415.974.9600 800.537.9728 Minnesota Minnesota Lavendar Bar Association  A voice for GLBT concerns in the legal community and a recognized affiliate of the Minnesota State Bar Association. 2751 Hennepin Ave. S. #257 Minneapolis, MN 55408 612.822.0127, ext. 530 800.800.0350, ext. 530 OutFront Minnesota  Delivers programs and services to the GLBT and allied community in the areas of public policy, anti-violence, education and training, and the law. 310 38th Street East #204 Minneapolis, MN  55409-1337 612.822.0127 (Ext. 230 for Legal Program) 800.800.0350 Project 515  Project 515, launched in October 2007, is a focused initiative with the specific goal to ensure that same sex couples and their families have equal rights under Minnesota law. PO Box 50143 Minneapolis, MN  55405-0143 612.246.3885

NELN Bibliography
	NELN Bibliography:  Issues Facing Gay and Lesbian Elders