The Staircase explores the complexities of Michael Peterson's bisexuality, which becomes a focal point during his murder trial, highlighting societal scrutiny and prejudice. The series portrays his identity with nuance and dignity, framing external judgments as obstacles rather than inherent flaws. Additionally, other LGBTQ+ characters are depicted with agency and integrated into the narrative, contributing to a diverse and empathetic representation.

The miniseries includes a race swap. Jean-Xavier de Lestrade, a real historical figure who is white, is portrayed by a Black actor in the production.

The series portrays a blended family unit grappling with a murder trial, featuring a marriage defined by infidelity and undisclosed sexual identities that diverge from traditional family norms.