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LGBT rights in Rhode Island

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LGBT rights in Rhode Island
Rhode Island (USA)
Gender identityYes
Discrimination protectionsYes, both sexual orientation and gender identity or expression
Family rights
Recognition of relationshipsCivil unions
AdoptionYes

The establishment of LGBT rights in the U.S. state of Rhode Island is a recent phenomenon. The state established civils unions for same-sex couples on July 1, 2011.

State-sanctioned discrimination

Sexual acts between consenting adults in private have been legal in Rhode Island since anti-sodomy statutes were repealed in 1998.[1]

Recognition of same-sex relationships

Main article: Same-sex marriage in Rhode Island

Rhode Island does not issue marriage licenses for same-sex couples.

On February 20, 2007, Attorney General Patrick C. Lynch issued an opinion holding that same-sex marriages performed in Massachusetts would be recognized in Rhode Island. He said that "his interpretation permitted recognition of the marriages, although he acknowledged that it was just an opinion and did not have the force of law."[2] The Human Rights Campaign notes that "This is not a binding opinion and the attorney general noted that this question will most likely be answered by the courts."[3][4][5]

A bill to legalize same-sex marriage was introduced in the legislature on January 11, 2011.[6] Governor Lincoln Chafee announced his support for it.[7]

In May 2011, a bill to legalize civil unions for same-sex couples was introduced.[8] It passed the Rhode Island House by a vote of 62-11.[9] It passed the Senate on June 29 by a vote of 21 to 16.[10][11] Governor Lincoln Chafee signed the legislation on July 2, 2011 and the law was made retrospective from 1 July 2011.[12][13]

Rhode Island has provided benefits to sames-sex partners of state employees since 2001.[14]

Adoption and parenting

The Rhode Island Family Court routinely grants same sex couple adoptions and has been doing so since at least 1995. Couples need not reside in Rhode Island and may be adopting their own birth child, using a surrogate, or adopting a child already placed with them. A decree lists both partners as parents. After the adoption, the Rhode Island Department of Health, Division of Vital Statistics will amend the birth certificate of a child born in Rhode Island to name both partners as parents. A birth certificate issued in Rhode Island carries the names of both parents, including same-sex parents.[15]

Discrimination protection

Rhode Island law outlaws discrimination on the basis of both sexual orientation and gender identity or expression in employment, credit, housing and public accommodations.[16]

Hate crime laws

Rhode Island has a criminal statute covering acts of violence motivated by both sexual orientation and gender identity or expression.[17] On May 17, 2012 a bill passed the Rhode Island Senate to include "gender identity and expression" to the hate crimes law[18]and then passed the Rhode Island House on the May 25, 2012. Then the bill got signed into law from the Rhode Island Independent Governor Lincoln Chafee on May 31, 2012 - and goes into effect straight away.[19][20][21][22][23][24]

Gender reassignment

Rhode Island permits post-operative transsexuals to amend their sex on their birth certificates.[25]

References

  1. ^ New York Times: "Striking Down the Sodomy Laws," November 25, 1998, accessed June 29, 2011
  2. ^ New York Times: Katie Zezima, "Rhode Island Steps Toward Recognizing Same-Sex Marriage," February 22, 2007, accessed March 11, 2011
  3. ^ Human Rights Campaign: Rhode Island Marriage/Relationship Recognition Law, accessed July 3, 2011
  4. ^ "Marriage FAQ". Marriage Equality Rhode Island. Retrieved July 3, 2011.
  5. ^ Marriage Guide for Rhode Island Same-Sex Couples, accessed July 3, 2011
  6. ^ State of Rhode Island General Assembly: "Act Act Relating to Domestic Relations: Persons Eligible to Marry", accessed March 11, 2011
  7. ^ Amy Rasmussen, "Chafee's election renews hope for R.I. gay marriage movement," November 11, 2010, accessed March 11, 2011
  8. ^ Advocate: "RI Committee to hold civil unions hearing," May 11, 2011, accessed June 29, 2011
  9. ^ Providence Journal: Randal Edgar, "R.I. House approves civil unions," May 20, 2011, June 29, 2011
  10. ^ NPR: "Rhode Island Senate Passes Civil Unions Bill," June 29, 2011, accessed June 29, 2011
  11. ^ New York Times: Timothy Williams, "Rhode Island Expected to Approve Civil Unions," June 29, 2011, accessed June 29, 2011
  12. ^ Boston Globe: RI Gov. Chafee signs bill allowing civil unions," July 2, 2011, accessed July 2, 2011
  13. ^ Boston Herald: "Rhode Island Gov. Lincoln Chafee signs bill allowing civil unions," July 2, 2011, accessed July 2, 2011
  14. ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  15. ^ Human Rights Campaign: Rhode Island Adoption Law, accessed March 11, 2011
  16. ^ Human Rights Campaign: Rhode Island Non-Discrimination Law, accessed March 11, 2011
  17. ^ Human Rights Campaign: Rhode Island Hate Crimes Law, accessed March 11, 2011
  18. ^ [1]
  19. ^ [2]
  20. ^ [3]
  21. ^ [4]
  22. ^ [5]
  23. ^ [6]
  24. ^ [7]
  25. ^ Human Rights Campaign: Rhode Island Birth Certificate Law: Gender Identity Issues, accessed March 11, 2011


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