Palm Springs Law Blog

Travel Forecast - Crossing the Line into a No-Comfort Zone

Crossing state lines and international borders is something millions of us do every day. As long as we pack what we need, have our maps, GPS, and our tickets or gas in the car, we are pretty much ready for anything when we hit the road. But for the LGBT community, travel requires careful planning and an extra layer of protection. Both the journey and the destination determine our level of comfort on the trip. Using same-sex marriage equality and other non-discrimination laws as a guide, here are some of the things you should consider when you decide to travel for business or pleasure, or move to a new location:

U.S.A. - Currently, 37 states and Washington DC recognize same-sex marriage and/or registered domestic partnerships. If you are married or registered partners, you are likely to be treated fairly in these states, and especially in the larger cities. Smaller towns may still be catching up, and there are pockets of resistance in some states. Some businesses have invented a “religious exemption” excuse for not serving LGBT people. They claim that discrimination against homosexuals is permitted (and even required) by their religious beliefs.

For the states that have a ban against or don’t recognize same-sex marriage, there will soon be a resolution to our quest for equality. The Supreme Court of the United States is considering whether such marriages are constitutionally protected in every state, and their decision is expected sometime in June. But even if they decide in favor, there will be states and areas that will delay our civil rights in every way they can think of. We are unlikely to feel comfortable in many of those places.

So the U.S. is a checkerboard of states that may or may not be welcoming to LGBT travelers. When planning a trip, check where you have to pass through to get to your destination, and what you can expect when you get there. Look at the same-sex marriage record, and state or city laws regarding fair housing, employment, safety of LGBT youth, and HIV care and prevention. These are indicators of the comfort level of your stay in those communities.

Canada and Mexico - Our nearest neighbors are two sides of a coin. Canada permits same-sex marriage and has long had laws in place regarding other types of LGBT discrimination. Mexico is on the move toward equality. Mexico City permitted same-sex marriages several years ago, and court rulings since then have found that a ban on such marriages in many other areas of the country is unconstitutional. However, the rulings do not always give blanket permission to marry. They are sometimes limited only to the people bringing the suit. Progress toward equality in Mexico will likely take some time. And many other areas of discrimination have yet to be addressed.

Elsewhere in the World - A total of 18 countries have legalized same-sex marriage. 13 countries in Western Europe, 3 in South America, and New Zealand and South Africa now permit and recognize such marriages. A few other countries recognize same-sex civil unions, including Ireland, which may soon become the first country to legalize same-sex marriage through a popular vote. Some of these also have fair employment, housing and other non-discrimination rules. It is likely that all of these countries will be welcoming to LGBT individuals and couples.

At least 80 countries or entities around the world criminalize homosexual behavior, with 5 countries imposing the death penalty for such offenses. Most of the countries are in Africa, the Middle East and Indonesia. Others, such as Russia, have repressive laws against homosexual propaganda. When you cross the borders into these areas, you have entered the no-comfort zone. Plan your itinerary carefully, and be super-aware of your actions and speech that might run afoul of the local laws.

Pack That Extra Layer of Protection – Wherever You Go

You need these to insure wellbeing at home, and especially when traveling:

- Advance Health Care and Medical Care Directive: A detailed, notarized statement appointing agents to decide for you how your medical care will be handled if you are unable to make your own decisions. You will decide what kind of medical treatment you do or don’t want to keep you alive, manage pain or provide other care at end of life. There are issues of resuscitation, tube feeding, organ and tissue donation, and other critical matters.

Single travelers especially need this document, since there is no-one with them to provide information. Same-sex couples, married or not, will likely find that, even in comfortable locations, one partner or spouse may have little legal standing to make decisions as an agent for the other. It needs to be in a legal document.

- Emergency Medical Card: A card that allows medical professionals access to your document. You are unlikely to carry your Directive on your person everywhere you go. There are several organizations that store it electronically for you, and they provide a credit-card size emergency card that instructs medical personnel to call or email to retrieve it, 24/7, from anywhere in the world. It also identifies the people you have named as your agents, and how to reach them. Carry this card in your wallet or pocket everywhere you go.