Legal Needs of Low-Income Lesbian, Gay, Bisexual, and Transgender Clients
Data suggest that poverty rates in the lesbian, gay, bisexual, and transgendered (LGBT) community may be higher than in the general population. A recent study published by the Williams Institute found that 24% of lesbians and bisexual women were poor compared with only 19% of heterosexual women. Moreover, poverty rates for children of same-sex couples were twice as high as those for children of married couples. Another study found that 23% of the transgender community in California lived below the poverty level.
There are many reasons that LGBT people experience more poverty than their heterosexual counterparts. LGBT people sometimes lose the support of their families when they come out. They are more vulnerable to employment discrimination than the general population. And, because of their lack of access to marriage in most states, LGBT people may face difficulties accessing health insurance and other necessary benefits.
What is, and what should be, the response of legal services advocates? Health care, housing, retirement, and estate planning are all areas in which low-income LBGT older adults may need advocates to help them tailor the law to their particular needs. Medicare-participating long-term nursing facilities much comply with “quality-of-life” requirements, and Section 8 housing can be used to secure long-term housing for LGBT partners. Advocates can help LGBT older adults arrange their affairs and name beneficiaries to reflect these individuals’ wishes and protect their partners.
Advocates interested in learning more should check out the March-April issue of Clearinghouse Review, which features two articles on meeting the legal needs of LGBT clients.
