Inclusive & Professional Notarial Practice Policy

(Neutrality, Dignity, and LGBTQ+ Affirming Standards)

1. Purpose

This Policy establishes mandatory professional standards for notarial practice that ensure neutrality, dignity, impartiality, and equal access for all individuals, including lesbian, gay, bisexual, transgender, non-binary, intersex, and gender-diverse persons.

The intent of this Policy is to:

• Uphold legal and ethical obligations of notaries

• Promote public trust in the notarial profession

• Provide clear, enforceable standards of conduct

• Establish a framework for education, certification, and accountability

2. Scope

This Policy applies to:

• All members, certificants, and affiliates of the Association

• All notarial acts performed under Association certification or endorsement

• All interactions with clients, signers, witnesses, and the public

Compliance with this Policy is a condition of membership and certification.

3. Core Principles

3.1 Professional Neutrality

Notaries shall perform all notarial acts without bias, preference, or discrimination. Neutrality refers to the fair and lawful execution of duties, not indifference to human dignity.

3.2 Dignity and Respect

All individuals shall be treated with dignity, courtesy, and professionalism regardless of:

• Sexual orientation

• Gender identity or expression

• Sex characteristics

• Marital status, appearance, or name history

3.3 Equal Access

No person shall be denied notarial services on the basis of identity, provided all legal requirements for notarization are met.

4. Standards of Conduct

4.1 Non-Discrimination

Notaries shall not:

• Refuse service based on sexual orientation or gender identity

• Impose additional requirements not mandated by law

• Engage in discriminatory language or behavior

4.2 Respect for Names and Pronouns

• Notaries shall use a client’s stated name and pronouns in all interactions.

• If unsure, neutral language (e.g., “they/them”) shall be used until clarification is provided.

• Errors should be corrected promptly and respectfully without defensiveness.

4.3 Prohibition on Assumptions

Notaries shall not make assumptions regarding:

• Gender identity or sex

• Marital or family status

• Legal name history

• Transition status or medical history

5. Identity Verification Standards

5.1 Legal Compliance First

Identity verification shall be conducted strictly in accordance with applicable state law.

5.2 Appearance and Documentation

• A mismatch between appearance and identification does not, by itself, invalidate identity.

• The notary’s role is to verify identity, not to evaluate or question gender expression.

• Where permitted by law, alternative verification methods (credible witnesses, secondary IDs) may be used.

5.3 Professional Language

All questions and explanations shall be factual, neutral, and limited to what is legally required.

6. Privacy and Confidentiality

• Information related to a client’s identity, name history, or gender status is confidential.

• Such information shall not be disclosed, discussed, or recorded beyond what is legally required.

• Curiosity, personal interest, or commentary is strictly prohibited.

7. Prohibited Conduct

The following constitute violations of this Policy:

• Misgendering after correction

• Inappropriate questions unrelated to notarization

• Jokes, comments, or gossip about a client’s identity

• Religious or moral commentary directed at clients

• Public or private disparagement of LGBTQ+ individuals

8. Education and Competency Requirements

• Members must complete approved inclusivity and cultural-competency training.

• Continuing education is required to maintain certification.

• Failure to complete training may result in suspension or revocation of certification.

9. Enforcement and Accountability

Violations may result in:

• Mandatory retraining

• Formal reprimand

• Suspension of certification

• Permanent revocation of membership

Enforcement shall follow a documented, fair, and impartial review process.