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Where Gay Rights will be in 20 years - Essay Example

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Gay and lesbian rights have emerged as a significant subject in human rights and civil liberties debates over the last 30 years or so. Historically gay men and lesbian women have been denied the equal protection of law in employment…
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Where Gay Rights will be in 20 years
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Download file to see previous pages However, steady improvements have been observed over the years indicating that the civil and human rights of gay men and lesbian women are improving. However, with the federal government’s slow response and interventions whenever progress is made, indicates that we might be a long way off from granting gay men and lesbian women equal protection of the law. It is expected however, that those rights will gradually change and in twenty years from now, the rights, freedoms and protection of gay men and lesbian women will be virtually, but not entirely complete. History of Gay Rights When the Americans With Disabilities Act was enacted in 1990, then President Bush described the Act as an “Historic new civil rights Act” (Burgdoft, Jr. 1991, p. 413). The Act promised to ensure that all Americans with disabilities would be accorded equal opportunities for employment and doors previously shut to them would be opened (Burgdoft, Jr., 1991). However, the civil rights ambit of the Americans with Disabilities Act 1990 is questionable. The Act does not extend its protection to a number of individuals. Among the notable exclusions are homosexuals, transvestites and bisexuals (Americans with Disabilities Act 1990). ...
the federal government and thus expressly prohibits discrimination on the basis of gender, national origin, religion, race or color (Title VII Civil Rights Act 1964). Implicitly there is no right to expect equal treatment on the basis of sexual orientation and therefore gay persons may not rely on Title VII of the Civil Rights Act 1964 to seek remedies against discrimination based on their sexual orientation. In fact, the US Supreme Court has said as much (Williamson v A.G. Edwards & Sons, Inc, 1990). The right to equal protection and equal treatment in employment by homosexuals and lesbians has been denied on the basis that bills intending to amend Title VII of the Civil Rights Act to include homosexuals and lesbians have not been passed (Blum v Gulf Oil Corp. 1979). A similar position is taken with respect to Title 42 USC 1981 and 1985 which protects against discrimination in employment by non-Federal employers (Title 42 USC 1981 & 1985). Courts have consistently rejected claims founded on claims of employment discrimination on the basis of sexual orientation (De Santis v Pacific Tel. & Tel. Co. 1979). Gays in the US have also been denied the advantages and benefits that emanate from marriage. The Defense of Marriage Act 1996 states that its purpose is to “define and protect the institution of marriage” (Defense of Marriage Act 1996). Pursuant to the Defense of Marriage Act 1996, marriage is defined as a “legal union between one man and one woman” (Defense of Marriage Act 1996, Section3). Moreover, no state is obliged to accept a same sex marriage legalized by any other state (Defense of Marriage Act 1996, Section). Section 2 of the Defense of Marriage Act 1996 is apparently unconstitutional. The Full Faith and Credit Clause of the US Constitution requires ...Download file to see next pagesRead More
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