Your Rights - LGBT Issues

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Rhode Island Anti-Discrimination Law

Sexual Orientation Discrimination

Does Rhode Island have an anti-discrimination law protecting gay, lesbian, and bisexual individuals from discrimination?

Yes. Rhode Island has enacted a comprehensive anti-discrimination law concerning sexual orientation in employment, housing, credit and public accommodations.

Does it also protect people perceived of as gay, lesbian, and bisexual?

Yes.  The non-discrimination law defines “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality.”  R.I. Gen. Laws, sec. 28-5-6 (Supp. 1999).  Thus, if a person is fired because they are perceived to be gay (whether they are or not), they may still invoke the protection of the anti-discrimination law to challenge the firing.

Does it also protect people associated with gay, lesbian, and bisexual individuals?

Not specifically.  But in some situations, if a person is fired from a job or evicted from their home because they hang out with someone who is gay or lesbian, it may be possible to show that the person was fired or evicted because the employer or landlord thought he or she was gay or lesbian as well.
 

Transgender / Gender Identity Discrimination

Do protections exist for transgender people under state anti-discrimination law?

Yes.  In May, 2001, Rhode Island became the second state in the country to explicitly prohibit discrimination on the basis of gender identity or expression, thereby protecting transgender people from discrimination in employment, housing, credit, and public accommodations.  The law defines gender identity or expression as including a person’s “actual or perceived gender, as well as a person’s gender identity, gender-related self image, gender-related appearance, or gender-related expression, whether or not that gender identity is different from that traditionally associated with the person’s sex at birth.”

Employment Discrimination

What does the law forbid?  To whom does the law apply?

The non-discrimination law applies to employers (government-based or private) who have at least 4 employees (not including the owner, certain family members, or domestic servants).  R.I. Gen. Laws, sec. 28-5-6 (5), (6).

It forbids employers from refusing to hire a person, or discharging them, or discriminating against them in compensation, in terms, conditions or privileges of employment or in any other matter directly or indirectly related to employment because of sexual orientation or gender identity or expression.   R.I. Gen. Laws, sec. 28-5-7 (1).  This covers most significant job actions, such as hiring, firing, failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly-situated co-workers.  Nor can an employer inquire about a person’s sexual orientation either during a job interview or after hiring.  For more information, see GLAD publication on employment discrimination in Rhode Island.

The law also applies to employment agencies and labor organizations (e.g. unions). R.I. Gen. Laws, sec. 28-5-7 (2), (3), as well as state employment-related activities, programs and services.  R.I. Gen. Laws, sec. 28-5.1-8, -9.

Are any employers exempt from the law?

Yes. As broad as the law is, there are several exemptions:

• Employers with fewer than 4 employees are exempt.  R.I. Gen. Laws, sec. 28-5-6(6)(i).
• There are no general occupational exemptions from the reach of the non-discrimination law.  An employer, agency or labor organization may defend against a discrimination claim in hiring by arguing that a “bona fide occupational qualification” of the particular job is that it have someone in it who is non-gay or non-transgender.  R.I. Gen. Laws 28-5-7 (4) (regarding inquiries). While that defense is allowed in the law, it is strictly applied and very rarely successful.
• The employment discrimination statute does not apply “to a religious corporation, association, educational institution, or society with respect to the employment of individuals of its religion to perform work connected with the carrying on of its activities.”  R.I. Gen. Laws, sec. 28-5-6(6)(ii). This exemption, however, is not a carte blanche for an employer to use his or her religious beliefs as a justification for discrimination.

Does the Rhode Island law prohibit sexual harassment?

Yes. By case law, sexual harassment is forbidden as sex discrimination.  See e.g. Marley v. U.P.S., 665 F. Supp. 119, 128 (D. RI 1987)(observing that the state non-discrimination law has similar scope to Federal Title VII law).

In addition, employers with at least 50 employees and employment agencies must develop and disseminate to their workers anti-sexual harassment policies in their workplaces.  R.I. Gen. Laws, sec. 28-51-1 (a), (b).    The law also strongly encourages employers to train on the scope of the policy. R.I. Gen. Laws, sec. 28-51-1 (c).

For purposes of the latter law, Rhode Island law defines “sexual harassment” as “any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when:

(1) Submission  to such conduct or advances or requests is made either explicitly or implicitly a term or condition of an individual’s employment; or
(2)  Submission  to such conduct or advances or requests by an individual is used as the basis for employment decisions affecting such individual; or
(3) Such conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Can a gay or transgender person be sexually harassed?

It is as unlawful to sexually harass a gay, lesbian, bisexual or transgender person as it is to harass one who is not.  Some harassment is specifically anti-gay, and may be more fairly characterized as harassment on the basis of sexual orientation.  Similarly, some harassment may be specifically anti-trans and may be pursued more appropriately as discrimination based on gender identity or expression.  Other harassment is sexual in nature and more appropriately categorized as “sexual harassment.”  Each type of harassment can happen to the same person, and all are forbidden.   See also R.I. Gen. Laws, sec. 28-44-17 (sexual harassment against members of either sex may constitute “good cause” for quitting job under unemployment laws).

Both the United States Supreme Court and several state courts have found same-sex sexual harassment to violate sexual harassment laws.  Compare Oncale v. Sundowner Offshore Services, 523 U.S. 75, 118 S.Ct. 998 (1998)(man can sue for sexual harassment by other men under federal sexual harassment laws); Melnychenko v. 84 Lumber Co., 424 Mass. 285, 676 N.E.2d 45 (1997)(same-sex sexual harassment forbidden under state law).
 

Public Accomodations Discrimination

What is a place of public accommodation?

According to R.I. Gen. Laws, sec. 11-24-3, places of public accommodation, resort, or amusement include, but are not limited to, inns, taverns, roadhouses, hotels, restaurants, barrooms, ice cream parlors, retail stores, hospitals, clinics, rest rooms, barber shops, theaters, fairs, libraries, and so on.

What does the law say about discrimination in places of public accommodation?

Such places may not refuse, withhold from or deny any person any of the accommodations, advantages, facilities or privileges of that public place, nor may they advertise or state that their accommodations are so limited, because of a person’s sexual orientation or gender identity or expression.  R.I. Gen. Laws, sec. 11-24-2.
 

Housing Discrimination

What is prohibited by the housing anti-discrimination law in Rhode Island?

The housing laws are intended to prohibit discrimination by owners and their agents from refusing to sell, rent, lease, let or otherwise withhold housing accommodations based on sexual orientation or gender identity or expression.  R.I. Gen. Laws sec. 34-37-4 (a).  In addition, those who accept applications for loans or financial assistance to acquire, build, repair or maintain housing accommodations -- i.e., those involved in financing -- may neither inquire about sexual orientation, gender identity or expression, or marital status, nor discriminate on those bases. R.I. Gen. Laws sec. 34-37-4 (b).

Are any landlords exempt from the law?

Yes. The main exemption to the law allows owners who live in 3-family or 2-family or 1-family units to disregard the law if at least one of the units is occupied by the owner. R.I. Gen. Laws sec. 34-37-4.4.  In addition, a religious organization or non-profit institution run by a religious organization can limit its non-commercial sales and rentals to persons of the same religion. R.I. Gen. Laws sec. 34-37-4.2.
 

Credit Discrimination

What protections exist under Rhode Island anti-discrimination law with regard to credit?

Financial organizations such as banks, trust companies, savings banks, loan and investment banks, savings and loan associations, credit unions and any other commercial credit institution may not discriminate in granting or extending credit because of sexual orientation, gender identity or expression, or marital or familial status. R.I. Gen. Laws, sec. 34-37-4.3.  See Title 19 for a list of additional financial organizations included within the scope of the non-discrimination law.  R.I. Gen. Laws, sec. 19-1-1 (4), (8).

Pursuing a Complaint

How do I file a complaint of discrimination?

You may file in person or in writing at the Rhode Island Commission For Human Rights (RICHR), 180 Westminster Street, 3rd floor, 02903.  If you go in person, you can call in advance to set up an appointment and find out what you need to bring.  Their phone number is (401) 222-2661.

The complaint must be under oath, state the name and address of the individual making the complaint as well as the name and address of the entity he or she is complaining against (called the “respondent”).  The complaint must set out the particulars of the alleged unlawful acts and (preferably) the times they occurred.

Do I need a lawyer?

No.  The process is designed to allow people to represent themselves.  However, GLAD strongly encourages people to find lawyers to represent them throughout the process.  Not only are there many legal rules governing the RICHR process, but employers and other defendants are almost certain to have legal representation.

What are the deadlines for filing a complaint of discrimination?

A complaint must be filed with the RICHR within one year (1 year) of the discriminatory act or acts.  R.I. Gen. Laws, sec. 2805-17.  There are very few exceptions for lateness, and GLAD encourages people to move promptly in filing claims.

Can I file more than one type of discrimination complaint at once, for example, if I believe I was fired both because I am a lesbian and Latina?

Yes. You can file several claims if you have suffered discriminatory treatment based on more than one personal characteristic.  The state non-discrimination laws for employment forbid taking an action against someone because of sexual orientation or gender identity or expression, as well as race, color, religion, sex, disability, age, sexual orientation, or country of ancestral origin.  R.I. Gen. Laws, sec. 28-5-7 (1)(i).

In housing, the criteria are expanded to include marital status and familial status.  R.I. Gen. Laws, sec. 34-37-4 (a).

In places of public accommodation, the other protected characteristics are race, color, religion, country of ancestral origin, disability, age, sex, but not marital status.  R.I. Gen. Laws, sec. 11-24-2.

What happens after a complaint is filed with the RICHR?

The commission may initiate a preliminary investigation in an employment, credit, services or public accommodations case.  If the Commission determines it is probable that unlawful practices were or are being engaged in, then the Commission sends for “conciliation” or settlement proceedings in which the offender agrees to cease its unlawful practices and the complainant may be given an additional remedy.   See generally, R.I. Gen. Laws, sec. 28-5-17.

If conciliation is unsuccessful, or at any time where the circumstances so warrant (including before investigation in egregious cases), the Commission may serve a complaint and notice of hearing on the respondent.  This process involves a trial type hearing but is not as formal as an actual trial in court.  This process must be commenced within 2 years of when the complainant first filed his or her complaint with the Commission.  R.I. Gen. Laws, sec. 28-5-18.

After the Commission rules (either because it has found no probable cause to proceed, or because it has ruled on the merits after a hearing), any complainant, intervener, or respondent claiming to be aggrieved by a final order of the commission may obtain judicial review in superior court.  R.I. Gen. Laws, sec. 28-5-28.

There are a few times when the case can be taken from the Commission and filed in court.  For example:

• Once the complaint has been pending at the Commission for at least 120 days, (but less than 2 years and before any conciliation agreement has been made), the complainant may request permission to remove the case from the Commission.  That request should be granted, and the Complainant then has 90 days from when he or she receives a “right to sue” letter to file the case in Superior Court. R.I. Gen. Laws, sec. 28-5-24.1 (a).
• After the Commission finds probable cause to credit the allegations in a complaint, either party may elect to terminate the proceedings at the Commission and file in court as long as they do so within the strict timelines set by the Commission rules.  R.I. Gen. Laws, secs. 28-5-24.1 (c) (in general); 34-37-5 (n) (housing cases).
• In housing cases, for example, the RICHR may go to court to seek an order forbidding the respondent from selling, renting or otherwise disposing of the property at issue while the case is pending. R.I. Gen. Laws, sec. 34-37-5.

What are the legal remedies the RICHR may award for discrimination if an individual wins his or her case there?

In all cases alleging different treatment discrimination, the remedies for a successful complainant in an intentional discrimination case may include compensatory damages (including emotional distress), attorney’s fees (including expert fees and other litigation expenses), cease and desist orders, and any other action which will effectuate the purpose of the non-discrimination laws.  R.I. Gen. Laws, sec. 28-5-24 (b)(employment); sec. 34-37-5 (housing cases); sec. 11-24-4 (public accommodations cases).

In addition, in employment cases, a successful complaint may be entitled to a remedy involving hiring, reinstatement or upgrading of employment, back pay, and admission or restoration to union membership.  R.I. Gen. Laws, secs. 28-5-24 (a).  If the adverse job action was taken against the individual for a variety of reasons, and sexual orientation or gender identity or expression was not the sole motivating factor, the Commission may limit the damages awarded.

When complainants prevail in court, the remedies named above may be awarded, as well as punitive damages when the challenged conduct is shown to be motivated by malice or ill will, or when the action involves reckless or callous indifference to the statutorily protected rights of others.  R.I. Gen. Laws, sec. 28-5-29.1 (employment); sec. 11-24-4 (public accommodations); sec. 34-37-5 (o) (3) (housing).  The only exception is that punitive damages may not be awarded against the State.

Are there other agencies at which I can file a complaint for discrimination?

You may be able to file complaints at other agencies depending on the facts of your particular situation.  This outline concerns only Rhode Island non-discrimination law and you may well have other rights.

Union:  If you are a member of a union, your contract (collective bargaining agreement) may provide additional rights to you in the event of discipline, discharge or other job-related actions.  In fact, if you obtain relief under your contract, you may decide not to pursue other remedies.  Obtain and read a copy of your contract and contact a union steward about filing a complaint.  Deadlines in contracts are strict.  Bear in mind that if your union refuses to assist you with a complaint, you may have a discrimination action against them for their failure to work with you, or for failure of duty of fair representation.

Federal Agencies: Sometimes an action states a claim for a violation of federal law in addition to state law.  For example, federal law forbids discrimination based on race, sex, age, religion and disability, but not on the basis of sexual orientation or gender identity or expression.  Thus, a gay person with HIV who is fired from a job can file with the RICHR (for sexual orientation and disability discrimination) as well as the Equal Employment Opportunity Commission (for disability discrimination).  Federal non-discrimination laws apply only to employers with at least 15 employees, and complaints must be filed within 180 days of the discriminatory act.  (People who work for federal agencies are beyond the scope of this publication.).

State or Federal Court: After filing with the RICHR or EEOC, or both, as discussed above, a person may decide to remove his or her discrimination case from those agencies and file the case in court.  There are rules about when and how this must be done.  See e.g., R.I. Gen. Laws, sec. 28-5-24.1 (in employment case, individual can request a right to sue letter from RICHR after complaint has been pending for at least 120 days but not more than 2 years as long as RICHR has not secured a settlement or commenced a hearing on the case; right to sue letter must be issued within 30 days after receiving the request, and the Superior Court complaint must be filed within 90 days of when right to sue letter issued); R.I. Gen. Laws, sec. 34-37-5 (removal in housing cases).

In addition, a person may file a court case to address other claims which are not appropriately handled by discrimination agencies.  For example, if a person is fired in violation of a contract, or fired without the progressive discipline promised in a handbook, or fired for doing something the employer doesn’t like but which the law requires, then these matters are beyond the scope of what the agencies can investigate and the matter should be pursued in court.    If a person has a claim for a violation of constitutional rights, such as a teacher or governmental employee who believes his or her free speech or equal protection rights were violated, then those matters must be heard in court.

What can I do if my employer fires me or my landlord evicts me for filing a complaint of discrimination?

It is illegal to retaliate in these circumstances, and the employee could file an additional complaint against the employer for retaliation.  If an employer, employment agency or labor organization discriminates against a person in any manner because he or she has opposed a forbidden practice or has made a charge, testified or assisted in a complaint filed under the non-discrimination laws, then the employee can state a claim of retaliation.  R.I. Gen. Laws, sec. 28-5-7 (5).  See also R.I. Gen. Laws, sec. 28-51-2(b)(1)(ii) (“Every employer shall adopt a policy against sexual harassment which shall include a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment of for cooperating in an investigation of sexual harassment”); Provencher v. CVS Pharmacy, 76 F.E.P. Cases (BNA) 1569 (1st Cir. 1998)(upholding federal retaliation claim of gay man).

What can I do to prepare myself before filing a complaint of discrimination?

Call the GLAD Legal InfoLine at 800-455-4523 (GLAD) any weekday between 1:30 and 4:30 p.m. to talk about options.

As a general matter, people who are still working with or residing under discriminatory conditions have to evaluate how filing a case will affect their job or housing and if they are willing to assume those possible consequences.  Of course, even if a person has been fired or evicted, he or she may decide it is not worth it to pursue a discrimination claim.  This is an individual choice which should be made after gathering the information and advice to make an informed choice.

Some people prefer to meet with an attorney to evaluate the strength of their claims before filing a case.  It is always helpful if you bring to the attorney an outline of what happened on the job that you are complaining about, organized by date and with an explanation of who the various players are (and how to get in touch with them), what happened, who said what, and who else was present.  Try to have on hand copies of your employee handbooks or personnel manuals, any contracts, job evaluations, memos, discharge letters and the like.  If you are concerned about a housing matter, bring a copy of your lease, along with any notices and letters you have received from your landlord.
 
 

Marriage and Civil Unions

Can same-sex couples marry in Rhode Island?

No. Bills to end the exclusion of same-sex couples from marriage in Rhode Island have been introduced in the General Assembly for the last several years.  GLAD has been working closely with  Marriage Equality Rhode Island (MERI—www.marriageequalityri.org) on these bills and other protections.

Some religious faiths, including some in Rhode Island, perform marriage ceremonies for same-sex couples within the rules of their faith, but these marriages are not in and of themselves recognized by any state if they are performed without a marriage license.

Can same-sex couples marry anywhere?

Yes.  In May of 2004, as a result of a landmark victory by GLAD, Massachusetts became the first state to allow same-sex couples to legally marry.  The Governor of Massachusetts initially instructed municipal clerks to deny marriage licenses to all out-of-state same-sex couples, based on a Massachusetts marriage law -- enacted in 1913 but not enforced for at least several decades -- stating that an out-of-state couple may not marry in Massachusetts if their marriage is “prohibited” in their home state.

Believing that the Governor’s actions were discriminatory, GLAD filed a lawsuit, Cote-Whitacre v. Dept. of Public Health, on behalf of 8 out-of-state same-sex couples who either had married or wanted to marry in Massachusetts. After the Massachusetts Supreme Judicial Court (SJC) agreed with GLAD that Massachusetts’s interpretation of this law was overbroad and clarified that those who can show that their home states’ laws (including their statutes, constitutional provisions, and controlling appellate decisions) do not expressly prohibit them from marrying at home are eligible to marry in Massachusetts, a trial court ruled that Rhode Islanders can meet that test. Rhode Island same-sex couples can now legally marry in Massachusetts.

In addition to Massachusetts, Rhode Island couples can marry in Canada. For information on this, see GLAD’s publication, What Do I Need To Know About Getting Married In Canada?.

Are there other ways that Rhode Island same-sex couples can obtain legal recognition of their relationship?

Adult same-sex couples can enter into civil unions in Vermont, Connecticut, New Jersey and, beginning in 2008, New Hampshire and can register as domestic partners in California and, beginning in 2008, Oregon.  Either of these institutions will give them a legal status, but it is not yet clear what will be the effect of those unions in Rhode Island.

If my partner and I marry in Massachusetts or Canada, will our marriage be respected in Rhode Island?

Even though Rhode Island presently does not allow same-sex couples to marry in Rhode Island, there are good reasons to think that a valid marriage in Massachusetts will be respected in Rhode Island once the couple returns home.  As Rhode Island Attorney General Patrick Lynch stated in a legal opinion in February 2007, Rhode Island follows the longstanding legal tradition that states respect marriages legally celebrated in other jurisdictions unless the marriage runs contrary to a strong public policy of the state. Thus far, for the most part, public and private entities in Rhode Island have respected the valid marriages of same-sex couples.

For a detailed discussion of some of the issues that Rhode Island same-sex couples should consider before marrying, and the recognition they can expect when they return to Rhode Island, see GLAD’s publication, Marrying in Massachusetts: A Guide for Rhode Island Same-Sex Couples.

What protection will my partner and I gain if we get a civil union?

We hope civil unions will provide many protections, but other states are just beginning to decide how to treat the civil unions of their residents.  A civil union is intended to be parallel to civil marriage in all respects under state law.  So we think civil unions should be treated like marriages for all state law purposes, but it will take time for that state of affairs to evolve in Rhode Island.

Domestic Partnership

What is domestic partnership?

Does Rhode Island provide domestic partner benefits to state employees?

In order to qualify, both partners must certify by affidavit to the benefits director of the division of personnel that (1) both partners are at least 18 years old and mentally competent to contract, (2) that neither partner is married to anyone, (3) that the partners are not related by blood to a degree that would prohibit marriage in the State of Rhode Island, (4) that the partners live together and have lived together for at least one year, (5) that the partners are financially interdependent as evidenced by at least one of the following: (a) a domestic partnership agreement or relationship contract; (b) a joint mortagage or joint ownership of a primary residence; (c) two of (i) joint ownership of a motor vehicle; (ii) a joint checking account; (iii) joint credit account; (iv) joint lease and/or the domestic partner has been designated a beneficiary for the employee's will, retirement contract or life insurance.

Misrepresentation of information in the affidavit will result in an obligation to repay any benefits received and a fine up to $1000. Employees are further required to inform the benefits director at their place of employment if and when the relationship ends.

Can cities and towns in Rhode Island provide domestic partner health insurance benefits to their own employees?

Are other benefits available to domestic partners of public employees?

A one-time benefit is available to the domestic partners of police officers, firefighters, corrections officers, or other emergency workers killed in the line of duty. Surviving partners have to certify by affidavit to the Board of Police Officer’s and Firefighter’s Relief that they were in a relationship meeting the criteria set forth above.

What kinds of domestic partner benefits may private employers provide?

Even when employers provide these benefits, though, sometimes federal laws require different tax or other treatment of the benefits for domestic partners as compared to spouses. For example, an employee must pay income tax on the value of his or her partner’s health insurance benefits, but a spouse does not. See Internal Revenue Code, Private Letter Ruling 9603011 (Jan. 19, 1996). And for pensions, a domestic partner has no right to sign off if their partner decides to name someone other than them as the beneficiary of a pension although a spouse would have that right. In addition, a domestic partner has no right comparable to that of a spouse to sign off on their partner’s designation of another person for survivor benefits.

Are there any tax consequences associated with receving domestic partnership benefits?

Yes. Even when employers provide domestic partner benefits, in most instances federal laws require different tax treatment of the benefits for domestic partners as compared to different-sex spouses. An employee must pay a federal income tax on the “fair market value” that the employer is paying for his or her domestic partner’s health insurance benefits. (An employee who has a same-sex spouse must also pay this federal tax, but not an employee with a different-sex spouse). In most states, employees must also pay a state income tax on these benefits, but Rhode Island recently passed legislation that exempts employees from state income tax on health benefits extended to a domestic partner or same-sex spouse. R.I. Gen. Laws §44-30-12 (c) (6)

What other differences exist for domestic partners versus different-sex spouses?

For pensions, a domestic partner has no right to sign off if their partner decides to name someone other than them as the beneficiary of a pension although a different-sex spouse would have that right. In addition, a domestic partner has no right comparable to that of a different-sex spouse to sign off on their partner’s designation of another person for survivor benefits.

Can I use the state non-discrimination law to force my employer to provide domestic partnership benefits?

Legal Protections for Same-Sex Couples

What steps can a couple take to safeguard their legal relationship in Rhode Island?

Relationship Agreement or Contract:  Cohabitation agreements regarding property and finances are a good way for couples to sort out their affairs in writing before a separation.  As long as the contract is not about sexual services, it has a good chance of being upheld as valid as long as it complies with the requisites for a valid contract.  Bear in mind that, as in any state, specific provisions concerning children may or may not be enforced according to their terms because it is always in the court’s  power to determine the best interests of children. (See discussion below concerning parenting agreements.)

Power of Attorney: Any competent person may appoint another person as his or her “attorney-in-fact” for financial matters in the event the one becomes incapacitated or disabled.  R.I. Gen. Laws, sec. 18-61-1 et seq.  If no such appointment is made, then a “family” member will be empowered to make decisions for the disabled or incapacitated individual.

Durable Power of Attorney for Health Care:  Since medical care providers look to next-of-kin to make health care decisions for an incapacitated individual, an unmarried person must appoint a health care agent if he or she wishes another person to make those decisions instead of the family member.  Under R.I. Gen. Laws, sec. 23-4.10-2, a person may appoint a health care agent to make decisions - whether for a limited amount of time or indefinitely.  The attorney-in-fact may then make decisions for you -- either immediately or upon your becoming incompetent to make decisions.  Even after you give another person a health care power of attorney, you may make decisions for yourself if that is what you wish and as long as you are competent to do so.

The power of attorney can specify the authority of the agent to make decisions on your behalf, and also state what kinds of treatments you do not desire, including treatments which might keep you alive.  Under new amendments to the law, you can also specify your wishes regarding organ and tissue gifts after death.

The power of attorney must be signed by two witnesses, at least one of whom is not related to the principal, and neither of whom is the agent, or a health care provider or their employee.  The power of attorney can be revoked at any time by creating a new health care proxy or by a clear expression of revocation.  People often give a copy of the health care proxy to their doctors and sometimes to family members.

Will: Without a will, a deceased unmarried person’s property passes to:  (1) his or her children;  (2) his or her family; (3) if next-of-kin cannot be located, to the state. R.I. Gen. Laws, sec. 33-1-1 et seq.  If the person wishes to provide for others, such as his or her partner, a will is essential.  Even if a person has few possessions, he or she can name in the will who will administer his or her estate.  If a person has children, he or she can nominate the future guardian of the child in a will.  R.I. Gen. Laws, sec. 33-5-1 et seq.

Funeral Planning Documents: Upon death, a person’s body is given to their next-of-kin.  This can mean that a person’s own partner has no right to remove the body or make plans for a final resting place.  But if a person leaves explicit written directions giving another person (such as their partner or a friend) control over the funeral and burial arrangements, any confusion can be avoided. The law permits a person to name another as his or her “funeral planning agent” with sole responsibility and authority to make any and all arrangements and decisions about funeral services, and burial or disposition of remains, including cremation.  The document must be signed and notarized by the individual.  R.I. Gen. Laws, sec. 5-33.3-4.  To prevent any disputes with family members, it is preferable to give the instructions to the person you want to take care of matters as well as to family members.

This can also be accomplished by creating a Power of Attorney and Temporary Guardianship and Directive (see related document).

Living Will: Within a durable power of attorney for health care, language may be inserted stating what the individual wishes regarding termination of life support, preferences for types of medical care, or limits on the agent’s authority. R.I. Gen. Laws, sec. 23-4.10-2.

Does a  person need an attorney to get these documents?

GLAD recommends working with an attorney on these documents.   Although some forms are available, the form may not be suited to your individual needs and wishes.  Moreover, attorneys may be able to help effectuate your goals, for example, by drafting a will in a way which is more likely to deter a will contest by unhappy family members, or drafting a durable power of attorney for health care with specific instructions about the types of treatments to which you do and don’t consent, and the exact scope of the agent’s authority.

If a couple separates, what is the legal status of these documents?

Upon separation, the terms of a Relationship or Partnership Agreement/Contract will come into play if the couple has one.  Absent an agreement, couples can get involved in costly and protracted litigation about property and financial matters but without the divorce system to help them sort through it. The Rhode Island Supreme Court has recognized that, under some circumstances, contract theories and equitable principles may apply to address the property and financial matters of a separating same-sex couple even without a written agreement. Written agreements offer vastly greater security, however, providing the court with a roadmap as to the intentions of the parties.

If a person has changed his or her mind about who should be his or her attorney-in-fact, or health care agent, or beneficiary or executor under a will, or funeral planning agent, then those documents should be revoked -- with notice to all persons who were given copies of those documents, and new documents should be prepared which reflect the person’s present wishes.
 

Adoption

Can a single gay individual adopt a child in Rhode Island?

Yes.  R.I. Gen. Laws, sec. 15-7-4 (a) provides that any person may petition to adopt another person who is under age 18.

Can same-sex partners together adopt a child in Rhode Island?

Though the question of joint adoption by an unmarried couple is not addressed expressly by the Rhode Island statutes on adoption or by any authoritative ruling by the State Supreme Court, joint and second parent adoptions have routinely been granted at the Family Court level.  Feel free to contact GLAD for more information, or if you encounter any difficulties.

What is the advantage of doing a second parent or joint adoption?

A joint adoption means that the child now has two legal parents for all purposes.  The legal relationships will finally reflect the actual family situation, which often gives great comfort and security to everyone involved.

Without an adoption, the non-legal parent needs special permission to seek medical care for the child, or to attend school meetings.  With an adoption, the adopting parent is a legal parent entitled to make decisions for the child in day-to-day and emergency matters without special authorization.

With an adoption, if one parent dies, the other parent will automatically assume custody of the child without a fight from others.  In addition, the child would have the automatic right to inherit from the deceased parent, even if there is no will, and possibly to collect social security survivor benefits. Finally, if the couple separates, then the adoption means that both parents have the right to custody and visitation, and any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

If same-sex parents raise a child together, but only one is the “legal” parent (because of birth or adoption), then what rights does the other parent have vis-à-vis the child?

The rights of a co-parent were addressed by the Rhode Island Supreme Court in a ruling handed down in September, 2000.  When such a person can show she is a defacto parent, then she is entitled to a court hearing to address what custody, visitation and support arrangement is in the best interests of the child. Rubano v. DiCenzo, 759 A.2d. 959 (2000).  To be qualified as a defacto parent, the legal parent must have consented to and fostered the relationship between the child and the defacto parent, the child and defacto parent must have lived together, the defacto parent must have performed parental functions for the child to a significant degree, and the child and defacto parent must have developed a parent-child bond.

One other helpful point about the Rubano case is that it clarifies that a parenting agreement can be used to bar a parent from claiming that his or her former partner has no grounds for making a custody or visitation claim.  In some cases, parties to the agreement may also seek to enforce the agreements in court.

Regardless of the status of a person’s legal rights, it is critical to remember that children form strong attachments to their parental caregivers regardless of legal labels.  Separating a child from a person who has acted as their parent can be a devastating loss for a child.  Moreover, court proceedings to establish defacto parenthood will be painful and costly, so anything people can do outside of court to make decisions together about a child’s interests is strongly encouraged.  See GLAD’s publication:  Protecting Families:  Standards for Child Custody in Same-Sex Relationships.

Short of joint adoption or second parent adoption, how can a family protect the interests of the child vis-à-vis his or her second parent?

There are a number of steps which can be taken, although none offer the security of a second parent adoption.

Co-parenting agreement: This is an agreement setting out the parents’ expectations about each other’s roles, and their plans in the event of separation, disability or death.  While these agreements may not be given effect by courts, they very well could be in Rhode Island, and they are also important and potentially influential indicators of what the couple believed was in the best interests of the child.

Wills: The legal parent may nominate a guardian of the child upon the parent’s death.  R.I. Gen. Laws, sec. 33-15.1-7.  These wishes are given strong preferences by courts.  Of course, if the child has another legal parent living, then that person would have priority over the nominated guardian.

Power of Attorney and Temporary Guardianship: This document is signed by the parent and authorizes another person (the attorney-in-fact and temporary guardian) to make a wide variety of decisions and arrangements for the child, including matters related to school, medical care and finances.   See sample forms attached to this document.

Co-guardianship: While there is no express provision in the law allowing for appointment of co-guardians, and although the practice varies to some degree across the State, some probate courts allow a parent to name the other non-legal parent as a co-guardian so that the other parent may secure medical attention for the child and act as a parent. R.I. Gen. Laws, sec. 33-15.1-5.  This status is not permanent, and may be terminated by a court. R.I. Gen. Laws, sec. 33-15-18 (“The court shall remove any…guardian…upon finding that the [guardian] has not fulfilled, or is no longer able to fulfill, the duties of the appointment as set forth by the order itself and/or the limited guardianship and guardianship law.”)
 

Custody and Visitation

If I have a child from a former heterosexual relationship, and I am now involved with a same-sex partner, can my “ex” use this against me to deny me custody or visitation of my kids?

In Rhode Island, the question should turn on whether there is evidence of direct harm to the best interests of the child, although there has been no reported case on the subject.  As a general matter, “[i]n any proceeding or suit in any court, neither parent shall have any natural priority or preference in any matter relating to their minor children.”  R.I. Gen. Laws, sec. 33-15.1-3. Specific acts of parental misconduct are relevant to determinations of child custody. R.I. Gen. Laws, sec. 15-5-3.1

What are the factors for making custody determinations generally?

 In Rhode Island, the leading case regarding the best interests of the child is Pettinato v. Pettinato, 582 A.2d 909 (R.I. 1990).  The Rhode Island legislature has not statutorily defined the factors that comprise a child’s best interests, but in the Pettinato case, the Rhode Island Supreme Court listed eight factors that should be considered by courts to determine the best interests of the child:

1) The wishes of the child’s parent or parents regarding the child’s custody;
2)  The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference;
3)  The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest;
4)  The child’s adjustment to the child’s home, school, and community;
5)  The mental and physical health of all individuals involved;
6)  The stability of the child’s home environment;
7)  The moral fitness of the child’s parents; and
8)  The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.

In addition, R.I. Gen. Laws, sec. 15-5-16 requires courts to “consider evidence of past or present domestic violence, if proven, as a factor not in the best interest of the child.”

As to visitation, the law provides that whichever parent does not have primary physical custody of the child shall be granted a reasonable right of visitation, unless there is a showing of cause why the right should not be granted.  R.I. Gen. Laws, sec. 15-5-16.

How is “sexual orientation” used in custody proceedings?

In a divorce or paternity proceeding, a parent may argue that the other parent’s sexual orientation is causing detriment to the child.  Any number of reasons can be cited, such as that the gay or lesbian parent’s sexual orientation is causing other people to tease or ostracize the child, or that the parent is a bad role model.   A parent might also argue that the ex’s new partner is not good for the child.  In the overwhelming majority of circumstances, these matters can be answered to the satisfaction of a judge in a way which does not penalize the gay parent or the child. Compare Suddes v. Spinelli, 703 A.2d 605, 607 (R.I. 1997) (visitation rights only denied “in an extreme situation in which the children’s physical, mental or moral health would be endangered”).  Contact GLAD for further resources.

Does it matter if my “ex” knew I was gay or lesbian or might be before we separated?

It can make a difference with respect to future modification of court orders for custody.  People can seek to modify court orders for custody when there has been a substantial change in circumstances.  If a spouse did not know of your sexual orientation at the time of the court proceedings but learns it later, he or she may argue that this is a substantial change of circumstances and that the custody issues should be litigated anew.  Of course, if your spouse or former heterosexual partner knew of your sexual orientation at the time of the court proceedings establishing custody, a modification petition on those grounds would be pointless. See King v. King, 114 R.I. 329, 330, 333 A.2d 135, 137 (1975)(changed circumstances shown when four years passed and boy passed from childhood to adolescence); Kenney v. Hickey, 486 A.2d 1079, 486 A.2d 1079, 1082 (R.I. 1985).

If circumstances have changed so that a modification complaint is appropriate, then the standard once again is what arrangement is in the best interests of the child.

Can a court keep my kids from visiting when my partner is present?

Courts have the power to do this, but unless the partner is causing harm to the child -- a very high standard -- visitation should not be restricted.  Compare Seravo v. Seravo, 525 A.2d 922 (R.I. 1987) (father’s visitation rights terminated where he sexually assaulted his child and the child was still traumatized from the abuse).
 

Domestic Violence

What is domestic violence?

Under the laws for the Family Court, “domestic abuse” means the occurrence of one or more of the following acts between people who are family members, parents, or persons who are or have been in a substantive dating relationship in which at least one of the persons is a minor:

1. attempting to cause or causing physical harm;
2. placing another in fear of imminent serious physical harm; and
3. causing another to engage involuntarily in sexual relations by force, threat of force, or duress.

Do the domestic violence laws apply to people in same-sex relationships?

Not explicitly. However, some same-sex relationships are covered in the Family Court under the definition of “substantive dating relationship.”  This includes relationships which are “significant and personal/intimate” based on the length of time of the relationship, they type of relationship, and the frequency of interaction between the parties.  R.I. Gen. Laws, sec. 15-5-1 (5).  In the District Court, partners who live together may be considered “cohabitants.”  R.I. Gen. Laws 8-8.1-1 et seq.

How do I get a court order protecting me from an abusive partner?

The process is intended to be simple.  You may go to the District Court or Family Court where you live, or if you have just fled your home, in the town where you used to live.  You will need to fill out a complaint alleging “abuse” as defined above.  The complaint is under oath, so everything you say must be true.  Try to put in as much detail as possible demonstrating why you feel threatened.

If you are in danger of harm, the Court can grant you a temporary protective order for not more than 21 days, which can include an order restraining your abuser from hurting you, barring him or her from entering your home, assigning child custody and requiring payment of child support.  If the courts are closed (nights, holidays, weekends), you can contact the local or state police who will be able to contact a  judge on call to handle these matters.

The defendant/abuser must be served with (given a copy of) the court order and notified of his or her right to contest the order in court. Once the order is issued, it is filed with the state Bureau of Criminal Identification and is effective state-wide.  Violation of a court order of which an abuser has notice is a criminal offense.  See generally, R.I. Gen. Laws, sec. 15-15-1 et seq.

The Court will also assign a date for another hearing at which the temporary order will either be extended or dismissed.  At that time, both parties often have attorneys.  You should bring with you any witnesses who can substantiate the abuse, as well as copies of threatening letters, medical records, or any other documents which can show how you have been harmed and why you are afraid.  Expect to be asked questions by the judge and the attorney for the abuser/defendant.  You have the same right to ask questions.

If for some reason you decide not to go through with the legal process, you should show up in court anyway and ask that the order be dismissed.  If you don’t show up, it is possible the court will think of you as unreliable if you need legal help in the future.

There are other laws which prohibit stalking, harassing and trespassing which may apply to you, but are beyond the scope of this document.

If I go to court, will I out myself for all purposes?

Not necessarily.  Some courts try to be sensitive to the fact that some people seeking orders may be closeted, or may be in a same-sex relationship which they do not want revealed.  If you proceed in the District Court rather than the Family Court, you do not have to claim that you are in a “substantive dating relationship” but only that you are cohabitants to get a protective order, and thus you may be able to conceal your sexual orientation if you choose.  R.I. Gen. Laws, sec. 8-8.1-1.

Where can I go to get help?

In addition to the local police and district attorney, you can call the Rhode Island Coalition Against Domestic Violence at (401)467-9940 or Day One, the Sexual Assault and Trauma Resource Center at (401)421-4100.

Does domestic violence play a role in custody decisions?

Yes.  Evidence that a parent has in the past, or is presently, abusing the other parent or the child is a factor showing that that parent is not acting in the best interests of the child.   R.I. Gen. Laws, sec. 15-5-16.
 
 

Hate Crimes, Sex Laws and Police Harassment

Hate Crimes and Violence

Does Rhode Island have a hate crimes law?

Yes. Rhode Island law establishes additional penalties for crimes committed because of hatred or animus toward the victim’s actual or perceived disability, religion, color, race, nation origin or ancestry, sexual orientation or gender. R.I. Gen. Laws, sec. 12-19-38 (a).

In order to track hate crimes, the State has also set up a reporting system so that incidents alleged are centrally recorded.  See R.I. Gen. Laws, sec. 42-28-46 (b).  All police departments within the state must report monthly the occurrence of such crimes to the state police, who must maintain a permanent record of the offenses, categorized by community of occurrence, type of offense, and target.

How does the law define what is a hate crime?

In Rhode Island, a hate crime is “any crime motivated by bigotry and bias, including, but not limited to threatened, attempted, or completed acts that appear after investigation to have been motivated by racial, religious, ethnic, sexual orientation, gender or disability prejudice.”  R.I. Gen. Laws, sec. 42-28-46(2).

Where can I call if I think I’ve been a victim of a hate crime?

In addition to contacting the local police, you may contact the Criminal Division of the Attorney General’s office at (401) 274-4400. Be sure to explain all of the factors that make you think this was a crime of bias. The Civil Rights Advocate is authorized to bring civil actions for injunctions or other equitable relief to address physical threats, trespassing, property destruction, or harassment that interfere “with the exercise or enjoyment by any other person of rights secured by the United States Constitution or the laws of the United States or of rights secured by the Constitution of Rhode Island or laws of the state. R.I. Gen. Laws. § 42-9.3 2.

For support and advocacy, contact:  GLBT Victim Assistance, (401) 781-3990; Day One, Sexual Assault and Trauma Resource of Rhode Island, (401) 421-4100 or (800) 494-8100; or GLBT Helpline of Rhode Island, (401) 751-3322.
 

Criminal Sex Laws

Does Rhode Island have a sodomy law?

No. Rhode Island repealed its sodomy law in 1998.  All of the criminal laws dealing with forcible sex, or sex with minors, or public sexual activity apply equally to gay and non-gay people.

Does Rhode Island have any other criminal laws which are applied to gay people?

No. All laws apply equally to gay and non-gay people.

Most people arrested for sexual activity are arrested for activity occurring out of doors.  The disorderly conduct law is a misdemeanor and forbids (a) intentional, knowing or reckless (b) exposure of the genitals to the view of others (c) under circumstances where the person’s conduct is likely to cause affront, distress or alarm to other persons.  R.I. Gen. Laws, sec. 11-45-1 (a)(7).

Note that the offense has several elements.  First, the exposure must be intentional, knowing or reckless in the mind of the perpetrator.  Second, it must occur in circumstances where another person would likely be alarmed or distressed.  Thus, the law should not be applied to consensual sexual activity.

This law has been applied to people having sexual encounters in “public.”  Bear in mind that sexual activity involving exposure of the genitals should not be illegal simply because it takes place outdoors, in parked cars, or on public lands.  Instead, a great deal depends on the time of day, the level of seclusion (e.g., behind remote bushes or beyond fences) and the overall circumstances.

The State has a legitimate law enforcement interest in protecting the general public from open displays of sex -- whether the sex is between people of the same sex or of a different sex.    But socializing and expressions of same-sex affection that does not involve the touching of genitals or buttocks or exposure of those is not illegal, regardless of where it occurs.  No one should be arrested or hassled for hand-holding, or cruising, or talking, or flirting, or other non-sexual touching.

As a practical matter, regardless of one’s rights, having sex outdoors is a risky business.  For one, based on numerous reports to us, we believe that some police will overlook sexual activity of non-gay people occurring outdoors, but arrest gay people engaged in sexual activity in the same types of venues.  Another concern is that some police “hunt” for gay people having sex outdoors in park lands and rest areas -- sometimes in uniform and sometimes as undercover decoys.  Either way, a person can be charged with the disorderly conduct law and have the report of his or her arrest printed in the local newspaper.

Does Rhode Island have a “sex offender registry” type of law?

Yes.  Every state now has such a law, although the terms differ from state to state.  In Rhode Island, the law does not specify as registrable offenses any statutes of particular concern to gay people, such as the disorderly conduct law.

What types of crimes are deemed to be “sex offenses”?

As you would expect with a law designed to ensnare dangerous and violent predators, most of the crimes involve convictions for violent offenses or offenses involving children.   For a full list of sex offenses, see R.I. Gen. Laws, secs. 11-37.1-2, -3.

How can I find out of what charges I have been convicted?

You can contact the Dept. of the Attorney General, Attn.:  BCI, 150 S. Main St., Providence, RI  02903, or call 401/421-5268.  You can send a written request along with a copy of your identification, a notarized signature and a $5 fee.  You may also obtain a BCI printout by visiting the BCI at the Dept. of the Attorney General and possessing proper identification and $5 cash or money order.

What obligations are imposed on “sex offenders”?

Most sex offenders will have to register annually with the local law enforcement agency and provide personal data, work information, and other identification.  R.I. Gen. Laws, sec. 11-37-1.3 (A).  All offenders required to register under sec. 11-37-1.3 (A) must do so for ten years following their release from confinement or placement on parole, supervised release or probation.  For the first two years, most offenders much update their information on a quarterly basis.  Sexually violent predators, on the other hand, must register for life.  R.I. Gen. Laws, sec. 11-37.1-4.

Information in the registry can be freely shared with law enforcement agencies, but is generally not made available to the public.  R.I. Gen. Laws, sec. 11-37.1-11.  When dealing with an offender who is determined to have a moderate or high risk for re-offense, the community must be notified affirmatively, although there is a legal procedure whereby the offender can seek to block release of the information. R.I. Gen. Laws, secs. 11-37.1-12, -13.

What is the age of consent for sexual activity?

Generally, the age of consent for sexual activity is 16.  R.I. Gen. Laws, sec. 11-37-6.
 

Police Harassment

I am often told by police to “move along” from public areas.  Is that legal?

Not necessarily.  If the area is public and not posted as having particular hours, you generally have a right to be there as long as you are not engaged in any unlawful activity.  Public places belong to everyone, and are likely also places of public accommodation to which non-discrimination rules apply.  Even if  police officers want to deter crime, or suspect some kind of unlawful intent, they have no general right to request people to move from one place to another unless there is unlawful conduct. Kent v. Dulles, 357 U.S. 116, 126 (1958).

What are the general rules about interaction with police?

The presence of individuals who appear to be gay, lesbian, bisexual or transgendered  -- whether because such individuals are displaying symbols such as a rainbow flag or pink triangle or for any other reason --  should not trigger any special scrutiny by a police officer, other than a concern for the safety and well-being of those persons that the officer would have for any other park or rest area patron.

Police may, of course, approach a person, and make inquiries.  If an officer has “reasonable suspicion” that a crime has been committed or is about to be committed, he or she may briefly detain an individual, or stop the person for purposes of investigation. State v. Bennett, 430 A.2d 424 (R.I. 1981); Terry v. Ohio, 392 U.S. 1, 16 (1968).  An arrest can only occur upon “probable cause” that a crime has been committed.  R.I. Const., Art. I, sec. 6.

Police sometimes detain a person whom they believe has committed or is about to commit a crime.  If the person is not charged with a crime, he or she must be released after two hours.  See R.I. Gen. Laws sec. 12-7-1.

What can I do if I believe I have been improperly treated by the police?

Complaints may be made to any individual police department for matters concerning its officers.  Many departments have their own Internal Affairs Divisions which receive and investigate civilian complaints against police officers.

Complaints concerning the State Police in Rhode Island are generally made at the nearest troop location, at which time you must identify the offending officer by badge number and be prepared to give a written account.  Additional information can be provided by the legal counsel for the police:  Carol Wolf Fallon, Esq., Legal Counsel, 311 Danielson Pike, N. Scituate, RI  02857.  For problems with the State Capitol Police, contact (401)444-1000.

Please let GLAD know whenever you make a complaint so that we can track the responsiveness of the various police departments.

In some cases, an individual may decide to pursue a lawsuit -- because of injuries, improper detainment, or for some other reason.  These matters are highly specialized, and GLAD can make attorney referrals. People can also attempt to seek help from the Attorney General’s Office, Criminal Division at (401)274-4400.
 
 

Students' Rights

Student / Youth Issues

Are there any laws protecting gay, lesbian, bisexual and  transgender students in Rhode Island?

Yes. State law says that students, staff members and teachers all have the right to attend or work at a safe school, whether elementary, secondary or post-secondary.   R.I. Gen. Laws, secs. 16-2-17, 16-81-1.  These provisions empower schools to expel disruptive students.

In addition, a Board of Regents Policy provides in part as follows:

 . . .  Certain students, because of their actual or perceived sexual orientation, have been subject to discrimination through abuse, harassment, or exclusion from full participation in educational activities. . . . The Board also recognizes that all students, without exception, have the right to come to school and feel safe.
        Therefore, it is the Policy of the Board of Regents that no student shall be excluded from, discriminated against, or harassed in any educational program, activity or facility in a public school on account of sexual orientation or perception of same.  The policy shall apply to admissions, guidance, recreational and extra-curricular activities as well as all public educational programs and activities.
         Each local school district is urged to review programs, services and activities to assure that such offering are conducted in a manner that is free of inadvertent or intentional bias.  Each local school district is also urged to prohibit harassment based on sexual orientation through the development and enforcement of appropriate student and staff behavior and disciplinary policies. . .

What kinds of conduct does the policy cover?

Technically, the policy covers exclusion from a public school or discrimination in taking advantage of school programs.  A school may not be so bold as to say, “Don’t come here,” or “You can’t take track,” but if they fail to redress pervasive harassment against you at school or in a particular class or activity, they may have said so in effect.  It does not provide any mechanism for court or administrative enforcement of the policy.

Are there other laws which may protect me from discrimination and harassment because of my sexual orientation?

In some cases, other laws may help you to combat harassment.  Under federal law, public schools which receive federal funds may not discriminate on the basis of sex.  Sometimes, the harassment of a gay student will be sexual harassment forbidden by this federal law, known as Title IX.  Complaints can be made to your school Title IX coordinator, as well as to the federal Department of Education, Office of Civil Rights, in Boston.  A student’s constitutional rights may be violated by some kinds of discrimination and harassment.

In addition, under state law, every post-secondary school is to establish a written policy concerning sexual harassment.  R.I. Gen. Laws, sec. 16-76-1, 16-76-2.  This law does not provide a mechanism for court enforcement.

What can I do if I’m being discriminated against at school?

There are many ways to approach the issue.  One is to ask for support from a friend, teacher or counselor and talk to the people who are bothering you.  That is entirely dependant, however, on how safe you feel doing so.

Take a look at your school policies and notify whoever is supposed to be notified -- usually a vice principal or Title IX coordinator.  You should document any incidents of harassment or discrimination in writing. Once you meet with the right officials, make a note of what you told them and on what date and ask when they will be getting back to you with a response.  If they don’t help you or don’t follow through, you may wish to write to the principal and superintendent and ask for them to end the discrimination.

If all of these steps fail, you may also wish to consider legal action against the town.  Contact GLAD for attorney referrals.

For additional information see GLAD’s publication, Rights of LGBTQ Youth in Rhode Island.

Gay/Straight Alliances

Do students have the right to form Gay Straight Alliances in their schools even if the principal or community opposes it?

In all likelihood, secondary students do have the right to form groups like Gay Straight Alliances in their public schools.  A federal law known as the “Equal Access Act” provides that secondary school students in schools that receive federal funding and have extra-curricular groups must allow students to form other extra-curricular groups without discriminating based on the religious, philosophical, political or other content of the speech at meetings.  GLAD brought and won a case for students seeking to form a GSA at West High in Manchester, New Hampshire on this very basis.

• Youth Pride, Inc. at (401) 421-5626 or www.youthpride-ri.org
• Youth Talkline at (800) 96YOUTH
• Parents & Friends of Lesbians and Gays (PFLAG)
  • Greater Providence Chapter: (401) 751-7571, www.pflagprovidence.org
  • South/Central Rhode Island Chapter: (401) 219-0265, www.hp-h.com/b/pflagscri
• Rhode Island Department of Education at (401) 222-4600
• GLSEN (Gay, Lesbian & Straight Education Network) to find out more information about local Rhode Island resources: (212) 727-0135 or glsen@glsen.org