LGBTQ Legal Rights in Kentucky: What You Need to Know

Kentucky does not currently have a comprehensive statewide law that protects LGBTQ people from discrimination. This means that a person can still be fired, denied housing, or refused service simply because of whom they love or how they identify. 

Nonetheless, as of January 5, 2021, the following municipalities have passed local ordinances banning LGBTQ discrimination, either for sexual orientation or gender identity, in employment, housing, and public accommodation:

Same-Sex Marriage

Same-sex marriage has been lawful in Kentucky since 2015. Obergefell v. Hodges is a landmark civil rights case in which the Supreme Court of the United States ruled that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment.  

When Kentucky began to pass discriminatory bills in 2014, just before the Obergefell case, we saw many lawsuits against them. Namely, Bourke vs Beshear and Love vs Beshear. These two cases helped lead to the decision by the Supreme Court as they were added to the Obergefell case.  

As a result, under the principles of Obergefell, the following benefits are available to all married same-sex couples on the same basis as they are available to married different-sex couples:

• All states recognize marriages performed in other states
• Same-sex couples can file joint state tax returns
• Employers must now offer same-sex couple spousal benefits
• Couples have the same visitation and decision-making rights as other couples
• Now same-sex couples have the same rights upon the death of a partner
• A right to divorce

Employment Law

June 15th, 2020 brought with it a landmark 6-3 decision from the Supreme Court that affirmed the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 extends to include discrimination based on sexual orientation and gender identity.

Naturally, this extended protections through to Kentucky as well. The decision was ultimately a result of three different cases that the Supreme Court combined to issue a single opinion:

• Altitude Express Inc. v. Zarda
• Bostock v. Clayton County, Georgia
• R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment and Opportunity Commission

While these federal protections exist, no specific state law exists within Kentucky to define discrimination on the basis of sexual identity as illegal. Governor Steve Beshear issued an executive order in June of 2008 prohibiting employment discrimination against state workers on the basis of sexual orientation or gender identity, but private employees are protected primarily via Title VII.

Title VII of the Civil Rights Act applies nationwide to all businesses with 15 or more employees, as well as labor unions with hiring halls and at least 15 members.

Kentucky LGBT Adoption 

Kentucky state law only gives the ability to petition to adopt to couples who are married or single adults – LGBT individuals and couples included now included. While this wasn’t the case prior to Obergefell, adoption is handled in much the same way when married as it is for married heterosexual couples.

Cohabiting couples are not allowed the right to adopt at the moment, and no new legislation addressing this seems to be in the works for the time being. The alternative option at present is to select only one parent who’ll act as the legal guardian of the child until such a time that the couple is married.

LGBT Health Care Protections

The State of Kentucky offers no legal protections against discrimination in health care and health insurance on the basis of sexual orientation or gender identity. 

This has many practical negative effects on the LGBTQ community. A substantial body of research indicates that LGBTQ populations across the United States encounter significant barriers to health care. Specifically, they have difficulty finding providers who are knowledgeable about their needs, encounter discrimination from insurers or providers, or delay or forego care because of concerns about how they will be treated. In the absence of federal legislation prohibiting healthcare discrimination based on sexual orientation and gender identity, LGBT people are often left with little recourse when discrimination occurs. 

Conversion Therapy Protections in Kentucky

Kentucky LGBTQ groups have been attempting to pass a law that will effectively ban conversion therapy statewide. Although it may be a while before this bill is able to be looked over, there is a lot of hope that it may pass.

The Youth Mental Health Protection Act, made up of HB 199 and SB 85, aims to prohibit mental health professionals from engaging in conversion therapy, require violations of it to be subject to board discipline, and prohibit public funds from being used for conversion therapy.

Currently, three cities in Kentucky have enacted laws to ban conversion therapy: Covington, Louisville, and Lexington.

Transgender Rights and Protections

Upon receipt of a sworn statement by a licensed physician indicating that the gender of an individual born in Kentucky has been changed by surgical procedure, and a certified copy of an order of a court of competent jurisdiction changing that individual’s name, the certificate of birth of the individual can be amended to reflect the gender change.

Kentucky LGBTQ Resources

The following resources exist to support LGBTQ health and legal rights. If you’re facing a matter of workplace discrimination, be sure to reach out to our firm; otherwise, you may find some of the following useful:

• PFLAG: Short for Parents, Families, and Friends of Lesbians and Gays, PFLAG is an excellent resource with chapters nationwide. At the time of writing, PFLAG chapters exist within Lexington, Louisville, Owensboro, and Somerset.
• CenterLink: CenterLink is a resource that offers LGBT community centers across the country. In addition to offering a variety of resources, CenterLink offers programs that center around leadership development, jobs, and more.

Doug Mann

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

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