Many of us are still in shock over the recent elections of November 2024.   At the Paul Kaplan Group, since our inception 25 years ago, we have always supported and advocated for the LGBTQ+ community; we feel that whether you're disappointed, or celebrating, now is not the time to bury our heads in the sand, but to make sure you're doing everything you can to protect yourself and your families.

Lambda Legal CEO Kevin Jennings issued the following statement regarding the recent election:

“We won’t sugarcoat this – last night’s election results were incredibly detrimental to the cause of equality. There is no doubt that many of us feel scared, angry, and perhaps demoralized. And we are not naïve: we are entering a seriously dangerous period confronted by a new administration and at least one house of Congress that have made their hostility to our community crystal clear..."  (Read More)

As the country faces the challenges of a second Trump presidency, concerns over the rollback of marriage equality, civil liberties, and LGBTQ+ rights are at the forefront for many in the LGBTQ+ community. It’s a sobering reality, but one we must address with resilience and preparation. There were 494 legislative measures described by the ACLU as anti-LGBTQ that were introduced in state legislatures across the country last year alone and its reasonable to expect even more in the new administration. By taking proactive steps, we are hopeful that LGBTQ+ individuals and families can better safeguard their legal and financial futures in this uncertain environment. This blog reflects initial research we've done to compile key precautions and strategies that have been recommended to help protect yourself and your loved ones. 
**Please note: this post is for informational purposes only and does not constitute legal or financial advice. Always consult with your own legal and financial professionals to make decisions that are best for your unique circumstances.**

 Protect Yourself and Your Relationships 

1. Estate Planning Essentials: Comprehensive estate planning we are told,  is one of the most powerful tools available to LGBTQ+ individuals and couples. These documents may establish legal protections and may help ensure that your wishes are honored. Here are nine critical estate planning documents that experts recommend: 

• Revocable Living Trust - 
• Last Will & Testament - 
• Healthcare Power of Attorney - 
• Durable Power of Attorney - 
• Living Will - 
• Hospital Visitation Authorization Form (for both your partner and chosen family) - 
• Agent for Disposition of Remains - 
• Pet Care Directive - 
• Tangible Personal Property Memorandum 
  
  A Revocable Living Trust can serve as a protective "moat" around your relationship, safeguarding your wishes from interference by hostile family members or government entities. Additionally, documents like Durable Powers of Attorney and Healthcare Powers of Attorney ensure that your partner or chosen family can make decisions on your behalf if needed.  Verify this with your own legal advisor please. 
  
  2. Should You Get Married Now?
   With marriage equality potentially at risk, many are considering whether to marry before legal protections are rolled back. While marriage offers over 1,100 federal rights and privileges, such as inheritance rights, tax benefits, and Social Security, it’s obviously not a decision to take lightly. If you decide to marry, you might want to consider drafting a prenuptial agreement with the help of your legal and financial advisors, to ensure that your financial and personal interests are protected. While marriage may offer significant legal advantages, its our understanding that estate planning remains the cornerstone of lasting security. 
  
  3. Confirmatory Adoptions
  For LGBTQ+ parents, securing parental rights through adoption is critical. We were advised that being married or listed on a birth certificate does not necessarily confer legal parentage. Confirmatory adoptions and guardianship documents, we've learned, may help solidify your legal relationship to your child and protect your family against future legal challenges. --- 
  
  4.  Legal Documentation for Identity Protection 
• IDs and Passports: For transgender, nonbinary, and gender-diverse individuals, ensuring that your legal documents reflect your correct name and gender identity is essential. Obtain updated passports and IDs now, as future changes to laws may make this process more challenging, according to experts.
• Name Change Court Orders: A court-ordered name change decree simplifies updating other essential documents, such as Social Security cards, driver’s licenses, and birth certificates. Having consistent and accurate legal documentation can help reduce barriers and ensure your safety in legal and social systems per professionals in this field.
  
   5.  Self-Care and Community Support 
  The uncertainty of the current political climate has created heightened anxiety for many in the LGBTQ+ community. Prioritizing self-care and staying connected to supportive networks is more important than ever. Here are some ways that have been suggested by professionals,  to nurture your well-being, however PLEASE if you're struggling, contact a mental health professional.  (Gay Support: Where to Find LGBT Help and Support Groups | HealthyPlace)
• Connect with Your Community 
• Lean on friends, family, and chosen family for mutual support. - 
• Limit News Intake -Set boundaries on how often you consume news to avoid feeling overwhelmed. - 
• Practice Mindfulness- Activities like meditation, journaling, or yoga can help ground you. - 
• Engage in Creative Outlets - Express yourself through writing, art, or music to relieve stress. - 
• Volunteer or Advocate- Channel your energy into causes that matter, fostering a sense of empowerment. 
  
  What states offer greater protection for same sex marriages?
  Same-sex marriage is legal in all states and the District of Columbia through the landmark 2015 ruling Obergefell v. Hodges. However, our understanding is that voters in California, Colorado and Hawaii passed ballot measures designed to secure that right by amending language in their state constitutions to protect same-sex marriage. In California, for example, voters weighed in on a measure that would repeal a previous proposition defining marriage as a union between a man and a woman. It would recognize the fundamental right to marry in the Constitution.  (Read More)
  
  The Road Ahead 
  While the challenges we face may seem daunting, history has shown that our community is nothing if not resilient. Many of our agents here at The Paul Kaplan Group have been around long enough to know that from fighting for visibility to navigating the AIDS crisis and securing marriage equality, we’ve overcome immense obstacles with courage and compassion. Now, we must continue to stand together, armed with empathy and love, as we navigate the road ahead. 
  Remember, **love truly does trump hate**—and it always will. ---

Resources:
New Trump administration on same-sex marriage, LGBTQ+ rights 

What LGBTQ+ People Can Do to Protect Themselves in a Trump Administration • Giampolo Law Group 

Guide For Protecting LGBTQ Families in a Trump 2.0 World - Team Diva Real Estate Partners

Know Your Rights | LGBTQ Rights | ACLU  

California LGBTQ Chamber of Commerce | LGBTQ Business Advisor | Sacramento

The Center – The LGBTQ Community Center of The Desert  

Lambda Legal

Gay Support: Where to Find LGBT Help and Support Groups | HealthyPlace

 *Disclaimer: This article is intended for informational purposes only and does not constitute legal or financial advice. Please consult with licensed legal or financial professionals to determine the best course of action for your situation.*