We spent last night in Deming, New Mexico, after driving through El Paso alongside the blazing Mexican sunset. We passed through a Border Patrol checkpoint somewhere near Las Cruces, which was something of a shock. It stood, as imposing and impervious as the international border between Washington and Canada, but it was well into New Mexico–we never even entered Juarez. They waved us through, and we drove past their something-sniffing dogs. Were they hoping to catch people with those dogs, or what?

Catching up on some states we missed–there are a lot we didn’t document. Here are three.

Mississippi

• There is no form of relationship recognition for same-sex couples in Mississippi. In 2004, the good people of Mississippi voted to approve Amendment 1, 86% to 14%, adding amendment to their constitution stating, “Marriage may take place and may be valid under the laws of this state only between a man and a woman. A marriage in another state or foreign jurisdiction between persons of the same gender, regardless of when the marriage took place, may not be recognized in this state and is void and unenforceable under the laws of this state.” [via Wikipedia]
• If the spouse, adult children, and siblings of an individual cannot be contacted, “an adult who has exhibited special care and concern for the patient, who is familiar with the patient’s personal values, and who is reasonably available may act as surrogate” may make medical decisions on behalf of an incapacitated same-sex partner. An advance directive may also be written–it must be in writing and signed, contain the date, and be witnessed by two people or signed in the presence of a notary public.
• Any unmarried person may adopt in Mississippi, including LGBT people. Same-sex couples may not jointly adopt, however, and the law that prevents them from jointly adopting likely also prevents adoption by one partner of the other’s child.
• Mississippi law does allow amendments of birth certificates, generally, including changes of name and sex.
• Hate crimes law in the state does not protect individuals on the basis of gender identity or sexual orientation–but now there are federal hate crimes laws in place to help bring hate crimes perpetrators to justice.
• It is perfectly legal–or at least not prohibited–to discriminate on the basis of someone’s sexual orientation or gender identity in Mississippi.
• Safe schools laws do not protect students on the basis of their sexual orientation or gender identity. [via HRC unless otherwise specified]

Louisiana

• In the state where apparently not everyone got the memo about Loving v. Virginia, the 32-year-old Supreme Court verdict that allows interracial marriage in the U.S., constitutional amendment prohibits same-sex marriage. In 2004, by a 78% – 22% vote, this amendment was added to the Louisiana Constitution: “Marriage in the state of Louisiana shall consist only of the union of one man and one woman. No official or court of the state of Louisiana shall construe this constitution or any state law to require that marriage or the legal incidents thereof be conferred upon any member of a union other than the union of one man and one woman. A legal status identical or substantially similar to that of marriage for unmarried individuals shall not be valid or recognized.” [via Wikipedia] This appears to apply to marriages from other states, as well.
• Only by advance directive may a same-sex partner make medical decisions on behalf of an incapacitated partner. This directive must be signed, and witnessed by two people. [via LSU's Law Center]
• Any single person, including LGBT people, may adopt in Louisiana. There is no prohibition against joint adoption by same-sex partners, but this has not been tested in court. The same is true of the adoption by one partner of the other’s children.
• After gender reassignment surgery, a new birth certificate may be issued in the state of Louisiana.
• Louisiana hate crimes law protects people on the basis of their sexual orientation, but not gender identity.
• There is no law in Louisiana prohibiting discrimination on the basis of sexual orientation or gender identity.
• There are no safe schools laws in Louisiana to protect students on the basis of gender identity or sexual orientation. [via HRC unless otherwise specified]

Texas

• The Texas State Constitution was amended in 2005 to prohibit same-sex marriage. By a vote of 76% – 24%, Proposition 2 was passed: “Marriage in this state shall consist only of the union of one man and one woman. This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage.” [via Wikipedia] As far as marriages from other jurisdictions are concerned, Texas law states: “In this section, ‘civil union’ means any relationship status other than marriage that is intended as an alternative to marriage or applies primarily to cohabitating persons; and grants to the parties of the relationship legal protections, benefits, or responsibilities granted to the spouses of a marriage. A marriage between persons of the same sex or a civil union is contrary to the public policy of this state and is void in this state. The state or an agency or political subdivision of the state may not give effect to a: public act, record, or judicial proceeding that creates, recognizes, or validates a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction; or right or claim to any legal protection, benefit, or responsibility asserted as a result of a marriage between persons of the same sex or a civil union in this state or in any other jurisdiction.”
• Only by advance directive may a same-sex partner make health care decisions on behalf of an incapacitated partner. This directive must be signed and witnessed by two people.
• Single adults, including LGBT people, may adopt in Texas. There has been some case law granting joint adoptions by same-sex couples, but this is not explicitly allowed. There has also been at least one step-parent adoption by a same-sex partner.
• Texas hate crimes law protects people on the basis of “sexual preference,” but not gender identity.
• Neither sexual orientation or gender identity is a protected class in Texas non-discrimination law.
• Texas does not have safe school laws that protect students on the basis of sexual orientation or gender identity. [via HRC unless otherwise specified]

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