LGBT Law & Litigator


In-depth analysis and practical advice on topics relevant to your practice. Find all of the LGBT Law & Litigator Committee’s articles in this archive.


Law Firm Data Suggests Continuing Challenges for LGBT Lawyers
By J. Dalton Courson – April 30, 2017
Individual attorneys are less likely to identify as LGBT than adults in the general public.

Looking Grimm for Transgender Students?
By Andrew Piltser Cowan – April 12, 2017
An analysis of the summary disposition in G.G. v. Gloucester County School Board.


Supreme Court Rules in Favor of Same-Sex Marriage
By Mark Hamby – July 14, 2015
The right to marry is a fundamental right for everyone nationwide.

How In-House Counsel Can Promote LGBT Diversity in the Legal Profession
By Samuel L. Felker – April 30, 2015
Expectations that the outside law firm's commitment should mirror the company's own should be conveyed.

The Pioneers Series: An Interview with Justice Rives Kistler of the Supreme Court of Oregon
By Nick Kacprowski – April 30, 2015
A discussion of LGBT litigation issues with a prominent LGBT judge.

It's Not the "ENDA" Sexual Orientation Discrimination
By David Scher and R. Scott Oswald – April 30, 2015
Employers should act as though sexual orientation and gender identity discrimination are illegal even if the act is not passed.


A Primer on Kentucky's Same-Sex Marriage Lawsuit
By Monica Hof Wallace and Christopher Gerald Otten – August 7, 2014
A discussion of the federal court decision in Kentucky that focused on the recognition of same-sex marriages in Kentucky, rather than the right to enter into the marriage.

Why Same-Sex Couples Will Be Moving to Florida (and Other Low Tax Cost States)
By Alan S. Gassman – August 7, 2014
IRS Revenue Ruling 2013-17 treats same-sex couples as married for federal income, estate, and gift tax purposes.

Challenges to Same-Sex Marriage Bans Succeeding
By Mark T. Hamby – August 7, 2014
An overview of recent decisions finding same-sex marriages and equality bans unconstitutional.

Comparative LGBT Rights Law: Where Should You Have Your Gay Honeymoon?
By Emily A. Ambrose – August 7, 2014
With the rise in gay marriages comes the question of where to honeymoon. Some of the top honeymoon destinations are not gay-friendly, warranting some research before making travel plans.


Mid-Course Correction: A Transgender Trial Lawyer Shares Her Journey
By Emily Babcock and Ellen Krug – November 7, 2013
An intimate account of one trial lawyer's experience going from "Ed" to "Ellen."

The Closet Case: Coming Out in the Legal Profession
By Omar J. Alaniz – November 7, 2013
LGBT lawyers often spend their whole lives coming out—and nowhere is this more complicated than in the workplace.

Excluding Gay Jurors after Windsor
By Shmuel Bushwick – November 7, 2013
A closer look at GSK v. Abbott and its implications regarding the contentious issue of sexual-orientation discrimination.

Gender Identity: Breaking Ground in Employment Law
By Monique R. Sherman – October 6, 2013
Claims based on gender-identity discrimination are gaining traction. 

Tax Gross-Up as an Equalizer for Employees
By Erin E. Bohacek – May 10, 2013
Employers are digging into their own pockets to level the playing field.

Is It Time to Start Your Own Firm
By Larry D. Smith – May 10, 2013
Five tips for successfully launching your own firm from a partner who's been there, done that.

Ruth Harlow: One of Our Heroes
By Emily Babcock – May 10, 2013
A look at the legendary LGBT litigator's career highs and her impact on the legal landscape.

The Business Case for Launching an Affinity Group
By Amie E. Needham – May 10, 2013
Why it may pay off for your firm.


Same-Sex Marriage: Redefining the Movement
By Emily Babcock – December 21, 2012
Can marriage equality be won by popular vote? The November 2012 election revealed a historic shift in the court of public opinion and at the polls.

Q&A with Lambda Legal's Deputy Legal Director
By Hayley Gorenberg – December 21, 2012
One of the stewards behind the civil rights group for the LGBT community and those with HIV discusses what drives her advocacy work.

A Children's Rights Lawyer's Perspective on LGBTQ Youth Issues
By Cindy C. Albracht-Crogan – December 21, 2012
Best practices for representing vulnerable youth in the child-welfare and juvenile-justice systems.

Reality Check: Combating Implicit Bias
By J. Dalton Courson – December 21, 2012
Contrary to what popular TV shows depict, LGBT attorneys remain a rarity in the profession. One reason may be unconscious discrimination.

Lawyers United: The Marriage Amendment in Minnesota
By Emily Babcock – November 1, 2012
"If we don't fight hard enough for the things we stand for, at some point we have to recognize that we don't really stand for them." —Paul Wellstone

Title IX Liability for Anti-Gay Bullying
By J. Dalton Courson and Abigayle C. Farris – January 23, 2012
$800,000 verdict may push schools to address the issue.

Advice for Being Out on Your Résumé and in Your Interview
By Lori L. Lorenzo – January 23, 2012
Job seekers should be out on their résumés, provided that identification with the LGBT community is relevant to the position for which they are applying.

Being Yourself as a Gay Trial Lawyer
By Amy E. Davis – January 23, 2012
Do you fear that being part of the LGBT community could cause the jury to dislike you—and by extension, your client?


The Motion to Vacate the Proposition 8 Trial Decision
By Allison Zamani – June 27, 2011
The motion to vacate in the California case represents only a narrow issue, but the ideological heart of the matter lies in the opposing parties' views on homosexuality.

LGBT Litigators Confront Violence in the Heartland
By J. Kendall Seal – June 27, 2011
LGBT clients who are victims of domestic violence, sexual assault, or stalking face a multitude of cultural and legal hurdles to protecting themselves and their families.

Obama Administration Shifts on the Defense of Marriage Act
By Nicholas P. Drury – June 27, 2011
The administration supports providing federal benefits to same-sex couples while advocating for states' right to refuse to acknowledge the relationships.

Part 2: LGBTQ Youth in the Juvenile Justice System
By Amanda Valentino – June 27, 2011
Advocates for young LGBT clients need to take a multidimensional approach to recognize their particular concerns.

HIV, AIDS, and Barring Discovery
By Jessie Zaylía – February 16, 2011
The McNight case represents a case of legislative privacy protection versus the right to discover.

Constance McMillen: Extending the Rights of LGBT Students
By Alysson Mills – January 6, 2011
When Constance McMillen, a senior at Itawamba Agricultural High School in Fulton, Mississippi, was told she could not take her girlfriend to the prom, she took a stand.

Numbers Tell a Story: Recent Litigation in LGBT Issues
By Larry D. Smith – January 6, 2011
We are a profession intrigued by numbers. These numbers tell the long journey the lesbian, gay, bisexual, and transgender community has traveled to secure liberties guaranteed to all citizens.

Part 1: LGBTQ Youth in the Juvenile Justice System
By Amanda Valentino – January 6, 2011
Although some safeguards are in place to ensure the safety of LGBT youth in detention facilities, more can be done to promote awareness and keep all LGBT youth safe.