Know Your Rights: LGBTQ+ Community

Last updated: May 17, 2024 02:45 pm

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Learn about LGBTQ+ student rights

The U.S. Constitution guarantees equal protection under the law. As such, every person deserves the same legal rights and protections, no matter their sexual orientation. The ACLU of Minnesota works to promote and protect the civil rights and liberties of LGBTQ+ people. The basic rights guaranteed to you by the U.S. and Minnesota Constitutions not only include the freedoms of speech and assembly but also the right to marry the person you choose, to raise a family, and to be free from unfair discrimination.

Learn about LGBTQ+ student rights

The U.S. Constitution guarantees equal protection under the law. As such, every person deserves the same legal rights and protections, no matter their sexual orientation. The ACLU of Minnesota works to promote and protect the civil rights and liberties of LGBTQ+ people. The basic rights guaranteed to you by the U.S. and Minnesota Constitutions not only include the freedoms of speech and assembly but also the right to marry the person you choose, to raise a family, and to be free from unfair discrimination.

Marriage

In Minnesota, same-sex marraige was legalized in August 2013.

  • The Supreme Court’s decision in June 2015 in the ACLU’s case Obergefell v. Hodges ensured that same-sex couples in all 50 states have the right to get married and have their marriages recognized in whichever state they live.
  • The Respect for Marriage Act, 2022, requires states to recognize same-sex marriages from other states and inter-racial marriages.
  • In Minnesota, same-sex marriage was legalized in August 2013.
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Parenting

Minnesota presumes any children born during a marriage are the children of both spouses, including for same-sex couples.

  • Minnesota presumes any children born during a marriage are the children of both spouses, including for same-sex couples.
  • The same-sex partner of a biological parent can adopt the partner’s child in Minnesota. They can petition the court in the county where they live for “second parent adoption.” This “establishes a legal relationship between the child and the non-biological parent, and puts the adoptive parent on precisely the same legal plane as the biological parent.” — OutFront Minnesota
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Discrimination

Federal and state law bars discrimination based on sexual orientation and gender identity in many areas.

Federal and/or state law bars discrimination based on sexual orientation and gender identity in the following areas:

  • Employment
  • Housing
  • Public accommodations
  • Education
  • Adoption
  • Foster care
  • Insurance
  • Credit
  • Jury selection
  • College and universities

NOTE: There ARE religious exemptions in the state non-discrimination laws. This means that a religious organization can choose not to hire someone based on their sexual orientation. 

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Health & Safety

LGBTQ+ community members have protections in healthcare.

  • LGBTQ+ non-discrimination protections in ACA exchanges
  • Transgender healthcare inclusion in state-funded medical plans
  • Trans-inclusive health benefits for state employees
  • Name and gender marker updates on driver’s licenses
  • Name and gender marker updates on birth certificates
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