As a fellow rainbow card-carrying member of the LGBTQIA+ club, the last few months have been really heavy. To turn on the news and wonder what new fresh hell those in power will think of to attack and take away rights from those in the community is not the reality I had envisioned for 2025. Unfortunately, it’s the reality we are currently living in and hopefully, this blog post helps you take control of what financial and legal rights you currently have in this backward reality. Let’s dive into what you can do now to safeguard your rainbow-bright future. 🌈✨
💍 Marriage and other legal contracts/documents:
If you’re engaged or considering marriage, tying the knot sooner rather than later may make sense as challenges to Obergefell v. Hodges could put marriage equality at risk. Marriage is the biggest financial contract you will enter into in your lifetime, so please enter into this contract with the right legal protections (prenup!) and understand what it entails.
However, marriage alone isn’t enough with the potential threats especially if you plan to travel to any conservative states in the future. Couples should also establish other legal protections for their finances, health decisions, and assets including wills, living trusts, healthcare proxies, financial powers of attorney, and advance directives.
It’s also essential to update beneficiaries on life insurance policies, retirement accounts, and financial assets while ensuring property titles are structured properly, such as joint tenancy with right of survivorship, to prevent disputes. Keeping thorough documentation of your marriage certificate, joint assets, and shared financial responsibilities may also prove helpful if legal proof is ever required.
If you’re in a partnership, unmarried (by choice or circumstance), and planning to stay so, consider setting up a cohabitation agreement to outline financial responsibilities and asset division. Joint ownership of property with “right of survivorship” ensures assets pass to your partner without having to go through probate, as does a TOD / POD (transfer on death / payable on death) designation. A durable power of attorney for finances and healthcare allows your partner to make decisions if you’re incapacitated. Life insurance and retirement account beneficiary designations can bypass discriminatory legal systems.
👶 Parentage: Lock It Down
If you haven’t formalized your parentage through adoption or a parentage judgment, now’s the time to do it. Generally, the birthing parent is considered the legal parent and the other parent, even if they are the genetic parent in the case of reciprocal IVF, will need to formally adopt their child. Birth certificates aren’t enough in some states. A court judgment is final and binding, ensuring your parental rights are recognized across the country. Have a certified copy handy in a safe spot. Your family is worth this extra layer of security.
🧬 Fertility: Protect Your Genetic Material
Got eggs, sperm, or embryos on ice? Consult a fertility lawyer to ensure your assets are protected, especially if they’re stored in a state where laws might change. This resource offered by Fertility Out Loud can help. Double-check clinic forms to clarify what happens in case of death or separation. A legally crafted contract can give you stronger protections—though nothing is 100% guaranteed in this area yet.
🏠 Estate Planning: Plan for the Unthinkable
Estate planning is your love letter to your family, and if you don’t have a plan in place, now is the time to start. Traditional legal language often fails LGBTQIA+ families, so name everyone explicitly—your partner, children, chosen family, and anyone else important to you. Remove gendered language from all estate documents to ensure inclusivity and prevent legal challenges. Ensure healthcare proxies, guardianship nominations, and advance directives are in place, and for trans family members, verify that names and genders are accurately recorded—or removed where unnecessary. Lastly, update beneficiaries on bank accounts, retirement plans, and life insurance to reflect your true intentions. Seek legal experts who work with those in the LGBTQIA+ community so they understand the protections and nuances that are specific to you.
📄 Identity Documents: Protect Your Identity
Recent policy changes have significantly impacted the process for transgender individuals seeking to update gender markers on federal identity documents in the United States. As of January 20, 2025, an executive order mandates federal recognition of only two sexes—male and female—based on biological sex assigned at birth. Consequently, the State Department has ceased issuing passports with an “X” gender marker and no longer permits changes to existing gender markers. Passports issued prior to this policy shift, including those with an “X” marker, remain valid until their expiration.
Given these developments, transgender individuals should take proactive steps to protect their identity documents. If you already have a passport or other federal ID with your correct gender marker, ensure it remains valid and consider renewing it before expiration. Staying informed is crucial, so regularly check resources like the National Center for Transgender Equality and Lambda Legal for policy updates and available support. Additionally, seeking legal advice from advocacy groups specializing in transgender rights can provide personalized guidance on navigating these changing regulations and securing your documentation.
💡 Final Thoughts: Stay Ready, Stay Resilient
Our community has always faced adversity with courage and love, and we’ll do it again since we have to. Take time for yourself, lean on your chosen family, and prepare now to secure your rights and protect your loved ones.
We’ve been through this before, and we’ll get through it again—because love always wins. 🏳️🌈🏳️⚧️💫💗🌟