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Here are some legal issues LGBTQ families should consider under a Trump presidency

In an online forum, a nonprofit discusses adoption, marriage equality, and more.


Mehak Anwar


Posted on Nov 22, 2016   Updated on May 25, 2021, 1:09 pm CDT

With President-elect Donald Trump choosing a vice president and advisors who have worked to roll back LGBTQ equality, many in the LGBTQ community have been wondering: What should and can I do to prepare for a Trump presidency? 

This morning, the national nonprofit organization Path2Parenthood held a Google Hangout to discuss a post-election to-do list for LGBTQ families who are concerned about marriage, adoption, or legal documentation for themselves or their families. Moderator and fertility coach Kristen Darcey was joined by family law attorney Debra Guston and fertility law attorney Richard Vaughn and over 50 viewers to answer some questions commonly asked by the LGBTQ community.

The first question Guston tackled was the one at the top of many LGBTQ people’s minds: Is my marriage safe? Her answer was, basically, yes, and she went on to discuss several changes that would have to happen for marriage equality to be overturned, plus how many marriages may remain safe even if the Trump administration does bring legislative action. 

Another important to-do stressed throughout the talk was related to adoption—namely, making sure the “non-gestational parent” had full legal rights over their child. Both attorneys mentioned at the end of the talk that adoption issues are “creatures of state law,” so specifics would have to be addressed within state legislatures. 

From there, Darcey and both attorneys discussed issues related to LGBTQ proof of parentage, identity documents for transgender people, the Affordable Care Act, and more. 

In the end, Guston reminded viewers to remain calm but keep fighting. “This is an opportunity for us all to take a deep breath, collect ourselves, calm down. But I think the real key is, after we’ve taken that deep breath and we’ve calmed down, we have to be vigilant, we have to be active, we have to make sure our communities are safe and that we’re putting our energies into protecting our families and our own local communities.”

You can view all the legal advice offered in the Google Hangout below and visit Path2Parenthood to find resources for LGBTQ people, families, and communities.

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*First Published: Nov 22, 2016, 6:00 pm CST