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LGBTQ+ Advocates Condemn Dangerous “Pedophile” Comment Made by Rhode Island Representative in Legislative Hearing

As advocates working to support LGBTQ+ youth and adults in Rhode Island, we are greatly alarmed by a comment made by Rhode Island Representative Quattrocchi at last week’s hearing of the House Committee on State Government & Elections, in which he asked Representative Kislak, one of two openly LGBTQ+ representatives in Rhode Island, if she is a “pedophile.”

The resurrection of such dangerous rhetoric based in bias and disinformation is part of what is fueling the flames of increased harassment and violence and a sweeping campaign of legislative attacks targeting LGBTQ+ people – primarily young people – across the country. There is no place for such ugly ignorance in Rhode Island. Committee Chairs have a responsibility to ensure that legislative debate does not devolve into hateful rhetoric.

Rhode Island has been a leader in recognizing and protecting equality for the LGBTQ+ community. The people of this state are proud of that legacy. Our representatives should be working to ensure safety, dignity, and equity for all residents, not perpetuating dangerous, false comparisons that undermine the humanity of LGBTQ+ people.

Signed,

Janson Wu, Executive Director, GLBTQ Legal Advocates & Defenders
Bella Robinson, Executive Director, COYOTE RI
Rush Frazier, Executive Director, Youth Pride, Inc.
Thundermist Health Center
Jodi l Glass, Au.D., Doctor of Audiology; Community Advocate
Ruth E Horton, M.Ed.
Alicia Gauvin, Executive Director, SHIP
LGBTQ Action RI
Ryan Vigneau, Chief of Staff, RI Queer PAC
Catherine M. Gorman, Board Chair, Pride in Aging RI
Colleen Daley Ndoye, Executive Director, Project Weber/RENEW
Monique P Paul, VP, President Pro Temp, TGI Network of RI Inc
Gretchen Raffa, Vice President Public Policy, Advocacy and Organizing, Planned Parenthood Votes! Rhode Island
Jocelyn Foye, The Womxn Project & The Womxn Project Education Fund
Julio E. Berroa, Executive Director, Haus of Codec

Read A Joint Statement in Support of the LGBTQ+ Community from BLM RI PAC, Economic Progress Institute, Jewish Alliance of Greater Rhode Island, Lighthouse Kosher, Mitzvah Matzos, Rhode Island Board of Rabbis, Rhode Island KIDS COUNT, and Oasis Wellness and Recovery Center of RI.

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As threats to LGBTQ+ people escalate across the country, Rhode Island legislators are considering a bill to provide vital protections for families

House Judiciary Committee members last night heard testimony on H 5226, which would provide a crucial next step in protecting LGBTQ+ families in Rhode Island, something that is urgently needed in light of the fallout from last summer’s U.S. Supreme Court Dobbs ruling and escalating anti-LGBTQ+ threats around the country.

H 5226/S 0121 is commonsense legislation that will make it more accessible for LGBTQ+ parents to ensure security for their families through a confirmatory adoption. While Rhode Island has clear paths for LGBTQ+ parents to establish legal parentage under the Uniform Parentage Act, passed in 2020, confirmatory adoption is important for LGBTQ+ families and other families who want to confirm their parentage through an adoption decree. An adoption decree is a court judgment that ensures recognition of parentage in all states.

“I’m so proud of the work we did in 2020 to pass the Rhode Island Uniform Parentage Act which created paths for LGBTQ+ parents to secure their legal ties to their children under Rhode Island law,“ said lead sponsor Representative Rebecca Kislak. “I’m hearing from terrified Rhode Island parents who are looking at what is happening around the country with anti-LGBTQ+ legislation targeting young people and court rulings ripping children away from parents who planned for, raised, and love them. Now we need to take this next step to make sure every parent and child can have the security of adoption so they can feel secure if they happen to move or even just visit family in states like Florida or Oklahoma that don’t have the protections we have here.”

For parents seeking an adoption to confirm, rather than to establish, their parentage, H 5226/S 0121 eliminates unnecessary requirements that aren’t appropriate for people who are already parents to their children and provides a streamlined path for such parents to petition a court for an adoption decree. Under current law, LGBTQ+ parents who wish to confirm parentage through adoption are forced to undergo burdensome and unnecessary steps to adopt their own children, which can include an invasive home study or investigation, a minimum period of residency in the home, an in-person court hearing, and more. This leaves children and families vulnerable because these additional steps can delay the adoption process or make such an adoption entirely out-of-reach for some families because of cost.

Language in the Supreme Court Dobbs ruling last June suggesting that the Court should reconsider the Obergefell marriage equality ruling in the future has created real fear for LGBTQ+ people that their marriages and families could be at risk. Recent court rulings in states including Oklahoma, Michigan, Texas, and Pennsylvania have in fact separated children from non-birth parents using justifications including outdated, gendered laws or a lack of application of the marital presumption. An adoption decree provides security for children.

“Rhode Island has been a leader on transgender, gay, lesbian, and bisexual equality for decades and led on protections for LGBTQ+ families with the 2020 Uniform Parentage Act. Now, with escalating extremist attacks on LGBTQ+ people happening across the country, the state can lead again,” said Polly Crozier, Director of Family Advocacy at GLBTQ Legal Advocates & Defenders. “Parents are more worried than ever about the safety of their children. H 5226/S 0121 is one urgent and important way for Rhode Island to signal support for LGBTQ+ people, by removing barriers to adoption for LGBTQ+ people who seek to confirm their parentage and secure their children through an adoption decree wherever they travel or move outside Rhode Island.”

Parents and advocates submitted testimony to the Judiciary Committee in support of H 5226, including:

Sabra Katz-Wise, who, with her spouse, went through the expensive second-parent adoption process to secure parentage:
“The home visit was just one part of the lengthy, expensive second-parent adoption process, which not only felt unnecessary since we were both on our child’s birth certificate but also violated our privacy. More same-sex parents are having children and will need second-parent adoptions to fully protect their families. The confirmatory adoption process needs to be streamlined in RI so it’s not an undue burden on families like ours.”

Jordan Budd, Executive Director of COLAGE, a support and advocacy group for children of LGBTQ+ parents:
“All children, no matter who their parents happen to be, deserve to feel safe and secure in their families. People with LGBTQ+ parents are especially vulnerable right now with attacks on LGBTQ+ people and families making news across the country each and every day. Rhode Island LGBTQ+ families should not have to worry about crossing state lines for fear of their legal relationships coming into question.”

Kate Weldon LeBlanc, Executive Director of Resolve New England:
“H 5226 would eliminate unnecessary requirements and provide a streamlined path to petition a court for an adoption decree. It is unfair that non-birthing parents currently have to adopt their own children through a complicated, lengthy, and expensive process. Also, the delay in confirming parentage leaves the children vulnerable.”

Courtney G. Joslin, parentage law expert and U.C. Davis Martin Luther King Jr. Professor of Law:
“[E]ven if families are protected as a matter of Rhode Island law, they may experience discrimination as they travel about the country. Parties, including state officials, may argue and in some cases have argued that another state should not recognize a parent-child relationship involving a Rhode Island resident even where that relationship is recognized and protected as a matter of Rhode Island law.”

Shelbi D. Day, Chief Policy Officer of Family Equality:
“Currently, under Rhode Island law, parents must go through the traditional adoption process to obtain a court order confirming their legal relationship to their child even where Rhode Island law already recognizes them as parents. Doing so can be unduly burdensome, create economic hardship, and cause delay as it requires an invasive home study or investigation, a minimum period of residency in the home, and an in-person court hearing.”

H 5226 was introduced by Representatives Kislak, Shekarchi, McEntee, Kazarian, Edwards, Craven, Caldwell, Vella-Wilkinson, Batista, and Ajello.

S 0121 was introduced by Senators Euer, Murray, Mack, Pearson, Kallman, LaMountain, Lauria, McKenney, Acosta, and Miller.

Learn more about the bill by visiting the advocacy page and fact sheet.

Security for Families Through Confirmatory Adoption in Rhode Island

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H 5226/S 0121 is common-sense legislation that offers security to Rhode Island children and protects LGBTQ+ families by ensuring access to confirmatory adoption.

Victory! On June 19, 2023, Governor Governor Dan McKee signed “An Act Relating To Domestic Relations — Adoption Of Children” into law. Learn more.

Adoption is an important path to parentage in Rhode Island. The state’s current adoption statute was written for people seeking to establish parentage, not confirm parentage. H 5226/S 0121 will ensure access to confirmatory adoption for Rhode Islanders who are already parents of their children.

The legislation enables more children to be secured to their parents in all jurisdictions. It is a crucial next step to protecting LGBTQ+ families and children born through assisted reproduction in Rhode Island.

Particularly in light of the U.S. Supreme Court’s Dobbs ruling and escalating attacks on LGBTQ+ rights across the country, Rhode Island must do all it can to protect LGBTQ+ people and families.

For more information, read the fact sheet.

Youth Organizations | Rhode Island

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COLAGE unites people with one or more lesbian, gay, bisexual, transgender, queer, intersex, and/or asexual parent into a network of peers and supports them as they nurture and empower each other to be skilled, self-confident, and just leaders in our collective communities.
Home to Hope provides targeted outreach, support, and advocacy services for unaccompanied homeless LGBTQ youth and young adults, and training to those working with youth. Using teams of peers, they connect with youth and young adults (ages 13-24) on the street and in community spaces. With a growing network of collaborators, they support homeless youth and young adults as they seek health and stability.
LGBTQ Action RI is advocacy organization dedicated to securing equality and justice for LGBTQ Rhode Islanders.
PFLAG Greater Providence provides support, education and advocacy for parents, families, friends and allies of Lesbian, Gay, Bisexual and Transgender people across Rhode Island, Southeastern Massachusetts and Eastern Connecticut.
Providence Youth Student Movement (PrYSM) empowers LGBTQ and heterosexual Southeast Asian youth allies with leadership development and mentorship so that they can organize community events that bring diverse communities together, foster coalition building, and address the intersection of oppressions.
Rhode Island for Community and Justice is a social justice nonprofit dedicated to fighting bias, bigotry, and racism and promoting understanding among all races, religions, and cultures through advocacy, conflict resolution, and education.
Rhode Island LGBTQ Center provides a visible, safe, inclusive, welcoming shared place for the RI LGBTQ community.
TGI Network of Rhode Island serves the needs of the transgender, gender diverse, and intersex (TGI) communities in Rhode Island and surrounding areas through support, advocacy, and education.
Young Voices transforms urban youth into powerful advocates, who partner with our State’s major leaders to create systemic reform and policy change that improve the lives of thousands of youth across the state
Youth In Action (YIA) is where youth share their stories, practice leadership, and create change in their communities.
Youth Pride, Inc.‘s mission is to meet the unique, ongoing needs of LGBTQ+ youth and young adults through direct service, support, advocacy, and education.

Youth | Schools | Rhode Island

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The information on this page is not legal advice. Some information on this page may be out-of-date and is currently undergoing revisions. Please contact GLAD Answers with questions or for updated information.

If you have questions about the impact of recent court and executive actions on your rights under Title IX, visit our Title IX Know Your Rights page to learn more.

What are my rights as an LGBTQ+ student?

All Rhode Island public school students have the right:

To be safe in school without being bullied,
To be protected from discrimination or harassment based on sexual orientation,
gender identity or HIV status.
To access information about LGBTQ subjects including educational websites,
To dress and present yourself in a manner consistent with your gender identity,
To free speech and expression. This means you have the right to express ideas
that may offend other people and you have the right to disagree with others, as
long as you express those ideas in a respectful way.

All Rhode Island public and many private school students have the right:

To form a Gay/Straight Alliance (GSA) that gets treated the same as every
other non-curricular group. This means equal funding, access to facilities, and
the ability to choose your group’s name.

Outside of school, you have the right:

To be protected from discrimination based on your actual or perceived sexual
orientation, HIV status, or gender identity in employment, housing, and public
accommodations (like restaurants or stores).
To give your own consent to get tested for HIV without your parents’
permission. For more specific information, see the “HIV/AIDS” Issue Area.
To report to the police anyone in or out of school who physically harms you,
threatens you, or vandalizes your property.

Are there any laws protecting LGBT students in Rhode Island?

Yes. In 2011, Rhode Island passed the “Safe Schools Act” that applies to all school districts, charter schools, career and technical schools and approved private day or residential schools in Rhode Island.

It defines “bullying” as written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student by one or more students that:

causes or places the student in reasonable fear of physical or emotional harm or damage to the student’s property,
creates an intimidating, threatening, hostile or abusive educational environment,
infringes on the rights of the student to participate in school activities, or
disrupts the educational process or orderly operation of the school (R.I. Gen. Laws § 16-21-33(a)(1)).

The law identifies characteristics that may be reasonably perceived to have motivated the act of “bullying” as including race, color, religion, ancestry, national origin, gender, disability, sexual orientation and gender identity and expression (R.I. Gen. Laws § 16-21-33(a)(1)(v)).

The law goes on to define “cyber-bullying” as bullying through the use of technology or electronic communication (R.I. Gen. Laws § 16-21-33(a)(2)).

The law charges the Rhode Island Department of Elementary and Secondary Education (RIDE) to prescribe a statewide bullying policy that must be adopted by all the schools by June 30, 2012. The policy must include:

procedures for students, staff, parents and others to report bullying,
procedures for promptly responding to and investigating reports of bullying or retaliation,
the range of disciplinary actions that may be taken,
a parental engagement strategy,
procedures for restoring a sense of safety for the student,
strategies for protecting a person who reports bullying or assists in the investigation,
procedures for promptly notifying the parents of both the perpetrator and victim,

procedures for providing appropriate counseling for the victim, perpetrator and others affected by the bullying (R.I. Gen. Laws § 16-21-34).

Are there other laws in Rhode Island that protect students from discrimination and harassment?

Yes. First, 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 § 16-2-17 and § 16-81-1). These provisions empower schools to suspend or expel disruptive students.

The Rhode Island Department of Education’s guidance and model policies on bullying, teen dating violence and sexual violence explicitly acknowledge the role that sexual orientation, sex, disability, appearance, and clothing may play in bullying, and make clear the applicability of provisions relating to dating and sexual violence to students regardless of sexual orientation (see Guidance on Developing Required Policies Against Bullying, available at http://www.ripin.org/pdfs/ride_bully_policy_for_schools.pdf ; Guide to Preventing Bullying, Teen Dating Violence, and Sexual Violence, available at www.ricdsv.org/images/GuidePreventingBullyingTDVSVRhodeIslandSchools_4-1-2008.pdf).

Are there other sources of protection for LGBT students in Rhode Island?

Yes. A Board of Regents Policy adopted in 1997 and revised in 2010 provides in part as follows:

. . .all students, without exception, have the right to attend a school in which they feel safe and able to express their identity without fear. . . .certain students, because of their actual or perceived sexual orientation or gender identity/expression, have been subject to discrimination through abuse, harassment, bullying and/or exclusion from full participation in educational activities.

Therefore, it is the Policy of the Board of Regents that no student shall be excluded from any educational program or activity or discriminated against, bullied, or harassed in any public educational setting based upon actual or perceived sexual orientation or gender identity/expression. . . This policy shall include but is not limited to admissions, guidance services, co-curricular and extra-curricular activities.

Each local school district is urged to review programs, services and activities to assure that such offerings are conducted in a manner that is free of inadvertent or intentional bias based upon sexual orientation and/or gender identity/expression. Each local school district is required by law to address harassment and bullying based on sexual orientation and/or gender identity/expression through the development and enforcement of appropriate student and staff behavior and disciplinary policies. . .

The Board of Regents policy can be found at: http://www.thriveri.org/documents/RIDE%20Policy%20Statement%

What kinds of conduct does the law and 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 federal laws that protect students?

Yes, Title IX prohibits discrimination against students based on sex in any school or college that receives federal funds. In light of the Supreme Court ruling in Bostock v. Clayton County, which determined that sexual orientation and gender identity discrimination are forms of sex discrimination, the federal Department of Education, which enforces Title IX, has stated that it will interpret any sexual orientation or gender
identity discrimination as sex discrimination.

To file a complaint with the federal Department of Education Office of Civil Rights, see:
How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

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 not an option, however, if you don’t feel safe doing so.

Take a look at your school’s 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. Contact GLAD Answers for attorney referrals.

What can I do if I’m being discriminated against or bullied 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 not an option, however, if you don’t feel safe 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 with at least the date and time. Once you meet with the right officials, write yourself notes about 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 this fails, you may also wish to consider legal action against the town by contacting the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD Answers to discuss options.

Youth | GSAs/LGBTQ+ clubs | Rhode Island

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Do students have the right to form Gay Straight Alliances (GSAs)/LGBTQ+ clubs in their schools?

Yes, as to high school students; probably, as to middle school students. A federal law known as the “Equal Access Act” requires that all federally funded secondary schools provide equal access to extra-curricular clubs. So long as a school has at least one student-led extra-curricular club, it must allow additional clubs to organize, and must provide them with equal access to meeting spaces, facilities, and funding without discriminating based on a club’s purpose, be that purpose religious, philosophical, political, or otherwise (20 U.S.C. § 4071). GLAD successfully intervened on behalf of students seeking to form a GSA at South Kingston High School on this very basis.

If your school is preventing you from forming a GSA or LGBTQ+ club, contact GLAD Answers.

Youth | Bullying | Rhode Island

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Are there any laws protecting LGBTQ+ students from bullying in Rhode Island?

It defines “bullying” as written, verbal or electronic expression or a physical act or gesture or any combination thereof directed at a student by one or more students that:

causes or places the student in reasonable fear of physical or emotional harm or damage to the student’s property,
creates an intimidating, threatening, hostile or abusive educational environment,
infringes on the rights of the student to participate in school activities, or
disrupts the educational process or orderly operation of the school (R.I. Gen. Laws § 16-21-33(a)(1)).

The law goes on to define “cyber-bullying” as bullying through the use of technology or electronic communication (R.I. Gen. Laws § 16-21-33(a)(2)).

procedures for students, staff, parents and others to report bullying,
procedures for promptly responding to and investigating reports of bullying or retaliation,
the range of disciplinary actions that may be taken,
a parental engagement strategy,
procedures for restoring a sense of safety for the student,
strategies for protecting a person who reports bullying or assists in the investigation,
procedures for promptly notifying the parents of both the perpetrator and victim,

procedures for providing appropriate counseling for the victim, perpetrator and others affected by the bullying (R.I. Gen. Laws § 16-21-34).

Are there other sources of protection from bullying for LGBTQ+ students in Rhode Island?

Yes. A Board of Regents Policy adopted in 1997 and revised in 2010 provides in part as follows:

. . .all students, without exception, have the right to attend a school in which they feel safe and able to express their identity without fear. . . .certain students, because of their actual or perceived sexual orientation or gender identity/expression, have been subject to discrimination through abuse, harassment, bullying and/or exclusion from full participation in educational activities.

Therefore, it is the Policy of the Board of Regents that no student shall be excluded from any educational program or activity or discriminated against, bullied, or harassed in any public educational setting based upon actual or perceived sexual orientation or gender identity/expression. . . This policy shall include but is not limited to admissions, guidance services, co-curricular and extra-curricular activities.

Each local school district is urged to review programs, services and activities to assure that such offerings are conducted in a manner that is free of inadvertent or intentional bias based upon sexual orientation and/or gender identity/expression. Each local school district is required by law to address harassment and bullying based on sexual orientation and/or gender identity/expression through the development and enforcement of appropriate student and staff behavior and disciplinary policies. . .

The Board of Regents policy can be found here.

Are there federal laws that protect students?

To file a complaint with the federal Department of Education Office of Civil Rights, see:
How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

Can schools regulate anti-bullying policies outside of school grounds?

Yes, the U.S. Supreme Court in Mahanoy Area School Dist. v. B. L. in addition to concluding that students have broad speech and expression rights outside of school, also stated:

“Circumstances that may implicate a school’s regulatory interests [outside school] include serious or severe bullying or harassment targeting particular individuals; threats aimed at teachers or other students.”

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

If this fails, you may also wish to consider legal action against the town by contacting the federal Department of Education Office of Civil Rights.

This is a complicated area of law as well as being emotionally challenging. Contact GLAD Answers by filling out the email form at GLAD Answers to discuss options.

Youth | Discrimination | Rhode Island

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Does Rhode Island have an anti-discrimination law protecting LGBTQ+ individuals from discrimination?

Yes. Since 1995, Rhode Island has had a comprehensive anti-discrimination law concerning sexual orientation in employment, housing, credit and public accommodations and has included sexual orientation under its equal opportunity and affirmative action law. In 2001, Rhode Island added gender identity or expression to each of these statutory protections (R.I. Gen. Laws, ch. 11-24 (public accommodations); ch. 28-5 (employment); ch. 28-5.1 (equal opportunity and affirmative action); and ch. 34-37 (housing and credit)).

Does it also protect people perceived to be LGBTQ+?

Yes. The anti-discrimination laws define “sexual orientation” as “having or being perceived as having an orientation for heterosexuality, bisexuality or homosexuality and define “gender identity or expression” as including a “person’s actual or perceived gender” (R.I. Gen. Laws §§ 28-5-6(11)(gender identity or expression) and (16)(sexual orientation) (employment); 34-37-3(9)(gender identity or expression) and (15)(sexual orientation) (housing and credit); and 11-24-2.1(h)(sexual orientation) and (i)(gender identity or expression) (public accommodations)). 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.

Are there federal laws that protect students?

To file a complaint with the federal Department of Education Office of Civil Rights, see:
How to File a Discrimination Complaint with the Office for Civil Rights.

Complaints can be made to your school Title IX coordinator, as well as to:

Office of Civil Rights
The U.S. Department of Education
John W. McCormack Post Office & Courthouse, Room 222
Post Office Square
Boston, MA 02109

Additionally, some kinds of discrimination and harassment may violate a student’s constitutional rights.

Does Rhode Island have a law that bans conversion therapy?

Yes, in 2017 Rhode Island passed Section 23-94, Prevention of Conversion Therapy for Children, which prohibits any licensed mental health professional from performing conversion therapy on a minor.

State and national medical, mental health, and child welfare organizations all oppose the practice of conversion therapy, a practice that seeks to change a person’s sexual orientation or gender identity. Extensive professional literature shows the practice to be both ineffective in changing sexual orientation or gender identity and harmful to youth. Young people who have been subjected to conversion therapy are at increased risk of depression, suicidal thoughts and suicide attempts, and illegal drug use.

Under the law’s provisions, any licensed health professional who practices conversion therapy would be subject to discipline by the Rhode Island Department of Health.

Youth Employment | Rhode Island

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Does Rhode Island have an anti-discrimination law protecting LGBT individuals from discrimination in employment?

Does it also protect people perceived to be LGBT in employment?

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

The anti-discrimination law applies to all public employers and private employers who employ 4 or more individuals (R.I. Gen. Laws § 28-5-6 (8)(i)).

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 § 28-5-7 (1)). Beyond hiring and firing, this covers most significant job actions, such as failure to promote, demotion, excessive discipline, harassment and different treatment of the employee and similarly situated co-workers. It also prohibits an employer from inquiring about a person’s sexual orientation or gender identity or expression either in a job application or during a job interview or maintaining such information unless based on a certified bona fide occupational qualification or where necessary to comply with a federal affirmative action plan (R.I. Gen. Laws § 28-5-7(4)).

The law also applies to employment agencies and labor organizations (e.g. unions) (R.I. Gen. Laws §§ 28-5-7 (2) and (3)).

It should be noted that all educational programs and activities of state agencies as well as all state employment services are required to be open to all without regard to sexual orientation or gender identity or expression (R.I. Gen. Laws §§ 28-5.1(8) and (9)).

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

Employers with fewer than 4 employees are exempt (R.I. Gen. Laws § 28-5-6(8)(i)).
An employer, employment agency or labor organization may seek a certification from the R.I. Commission for Human Rights that it is a “bona fide occupational qualification” of a particular position that it not be filled by someone otherwise protected by the law such as an LGBT person (R.I. Gen. Laws § 28-5-7 (4)). While this immunity 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 § 28-5-6(8)(ii)). This exemption, however, is not a carte blanche for an employer to use his or her religious beliefs as a justification for discrimination.

It is important to note that unlawful employment practices in Rhode Island also include practices which have a “disparate impact” on the basis of sexual orientation or gender identity or expression (or other characteristics) when the employer is unable to show that the practice or group of practices in question is required by “business necessity” (R.I. Gen. Laws § 28-5-7.2). This can be important to combat discrimination based on policies or practices that are not LGBT-specific but harm LGBT people more than others.

Does the Rhode Island law prohibit sexual harassment on the job?

Yes, by case law, sexual harassment is forbidden as sex discrimination (See, e.g., Iacampo v. Hasbro, Inc., 929 F. Supp. 562 (D.R.I. 1996)).

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 §§ 28-51-1(a); and 28-51-2 (a), (b)). The law also strongly encourages employers to train employees on the scope of the policy (R.I. Gen. Laws § 28-51-2 (c)).

For purposes of this statute, “sexual harassment” is defined as:

any unwelcome sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature when:

Submission to such conduct or advances or requests is made either explicitly or implicitly a term or condition of an individual’s employment; or
Submission to such conduct or advances or requests by an individual is used as the basis for employment decisions affecting such individual; or
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 (R.I. Gen. Laws § 28-51-1(b)).

Can a gay or transgender person be sexually harassed?

It is just as unlawful to sexually harass an LGBT individual as it is to harass anyone else. 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-transgender 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 R.I. Gen. Laws § 28-5-7(1)(v) (recognizing need for response to complaints of harassment on the basis of sexual orientation and gender identity or expression in addition to that based on sex)).

Moreover, that the sex of the harasser and the victim is the same does not defeat a claim of sexual harassment. Same-sex sexual harassment has been held to violate both state and federal anti-discrimination laws (See Mann v. Lima, 290 F. Supp. 2d 190, 194 (D.R.I. 2003)(applying Oncale v. Sundowner Offshore Services, Inc., 523 U.S. 75, 79-81 (198); see also R.I. Gen. Laws, § 28-44-17 (sexual harassment against members of either sex may constitute “good cause” for quitting job under unemployment laws)).

Can I use the state anti-discrimination law to force my employer to provide insurance benefits to my unmarried partner?

Although the anti-discrimination law says that an employer cannot discriminate on the basis of sexual orientation in terms of compensation, and even though employee benefits are a form of compensation, in many, if not most circumstances, that law probably cannot be used to compel an employer to provide benefits to an employee’s unmarried, same-sex partner.

Under R.I. Gen. Laws, § 28-5-7 (1)(ii), even if an employer provides insurance benefits to some employees, “nothing herein shall require those benefits to be offered to unmarried partners of named employees.” As a result, the anti-discrimination cannot be used to compel an employer to provide domestic partner insurance benefits. Note that nothing in the law forbids an employer from providing domestic partner benefits if it chooses to do so. As discussed below, the state and several municipalities have already equalized some benefits like health insurance.

When an employee has a legal spouse, however, under some circumstances the anti-discrimination law may be a means to ensure equal treatment of same-sex spouses as different-sex spouses. The availability of such a claim depends on the type of benefit sought (i.e., family or medical leave versus health insurance) and on the type and terms of the particular benefits plan. This area of law is complicated and you should feel free to contact GLAD for information specific to your situation.

Second Parent Adoption | Rhode Island

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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. Also, with the advent of marriage and civil unions in Rhode Island, a married or civil union couple can do a step-parent adoption.

What is the difference between joint, second-parent (also known as co-parent) and single-parent adoptions?

A joint adoption is when both partners adopt a child together at the same time. A second-parent adoption is when one partner adopts the other partner’s child. A single-parent adoption is when a single individual adopts a child. All three of these are legal in Rhode Island.

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

Both joint adoptions and second parent adoptions ensure your child has two legal parents, which often provides greater comfort and security to everyone involved. Depending on your particular family situation, the law may not recognize both partners as legal parents without an adoption. In these cases, the non-legal parent needs special permission to make medical decisions for the child or attend school meetings, and is at risk of losing custody if the couple splits up.

Adoption allows a non-legal parent to become a legal parent, entitled to make decisions for the child without special authorization. It also permits the adoptive parent to automatically assume custody of the child if their partner dies. Likewise, if the adoptive parent dies, the child will have the right to inherit from them even absent a will, and may be able to collect social security survivor benefits.

Finally, if the couple separates, adoption ensures that both parents have the right to custody and visitation, and that any disputes will be decided based on what is in the best interests of the child rather than on who is the legal parent.

Do we need to do a second-parent adoption if we are married?

When a child is born into a marriage, Rhode Island law and the law of all states, presumes that both spouses are the parents of the child and both names are listed on the child’s birth certificate. However, this is only a presumption and can be challenged in court, so in the past GLAD recommended that married couples do a second-parent adoption to ensure the parentage of the non-biological parent because adoption is a court judgment creating a parent-child relationship and must be respected by other states.

Now Rhode Island couples have a second way to protect the parentage of the non-biological partner by signing a Voluntary Acknowledgment of Parentage.

If I am a parent who has signed a VAP, do I also need to do a second parent adoption?

No. A parent who has signed a VAP should not need to do a co-parent adoption to establish parentage. A VAP establishes legal parentage under state law, is the equivalent of a judgment of parentage under state law and gives you all the rights and duties of a parent. Under federal law, an Acknowledgement of Parentage is the equivalent of a judicial decree of parentage and should be recognized in all states.

Since expanded access to acknowledgments of parentage is an emerging development, some parents might feel more comfortable also completing a second parent adoption in addition to or instead of a VAP. To understand what is best for your family, individualized legal advice is recommended.

Short of second-parent adoption, how can a family protect the interests of the child vis-à-vis their non-legal parent?

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

Co-parenting Agreement: A co-parenting agreement 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 always be given full effect by courts, which are bound to make custody and visitation decisions based on the child’s best interests, they are important indicators of what the couple believed was in the best interests of the child and may influence a court’s ultimate decision.
Wills: The legal parent may nominate a guardian of the child upon the parent’s death (R.I. Gen. Laws § 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.
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 § 33-15.1-5). This status is not permanent, and may be terminated by a court (R.I. Gen. Laws § 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.”)).