Gay Rights Policy - Essay Example

?Gay Rights Policy Introduction The union between two people of the same gender or biological sex is known as same-sex marriage. The conflict over traditional marriages and the same-sex marriages involves several cultural and legislative perspectives. People who oppose such marriages claim the concerns about reproduction, childcare and religious rules as the reasons for their stand. On the other hand, LGBT groups claim marriages should be decided on the basis of love and personal preferences rather than religious rules. Further they pinpoint the increasing number of children growing up with single parents or in foster homes because their parents who married under traditional rules got divorced. The purpose of this paper is to explore whether such marriages are actually relevant and how far they fit into American federalism. It also explores the way various states view same-sex marriages and the consequences of their laws and enactments. LGBT Rights There is little or nil proof regarding the misconduct of homosexual people. Most of the homosexual couples are ardently religious, are taxpaying citizens and do not indulge in unnecessary violence. Long term studies have proven the children bought up by them are completely capable of living a heterosexual life. Sexual orientation is an object of pure personal taste and choice, rather than a misdemeanour. Hence, it is entirely unacceptable for someone else like the government to intervene in such activities as it is no national, moral or religious threat. History of the Important Homosexuality Acts The total number of households with same-sex partners in the US is estimated to be 2.9 million according the 2000 census. But, it is estimated the number of gay and lesbian people who do not live as couple or have disclosed themselves might reach up to 29 million, ten times the recorded rate. Homosexuality is viewed differently by each state government based on the dominant religious faith followed in the region. Virginia was the first state to declare same gender sex as a criminal act way back in 1610. The case was similar in many European countries too (Cory, 1951). Such views changed drastically by mid-1900's with the voice of the discriminated like the immigrants and the slaves being heard and honoured by the society. Illinois was the first place to decriminalize homosexuality in 1961. Massachusetts became the first state to elect a gay state legislator in 1967. Massachusetts recognized legalized same-sex marriages in 2003 (Morris, 2013). Such acts gathered both public support as well as agitation. President Bill Clinton signed the Defense of Marriage Act (DOMA) in 1996 which gave the states the authority to license or cancel the same sex marriages based on their internal beliefs. DOMA was ruled out on June 26, 2013 by the US Supreme Court. The State Statutes and DOMA The US federalism grants majority rights to states to make up their own laws and retains certain important rights with the federal government. DOMA was signed using this feature, granting the states the autonomy to decide whether they can legalize the same-sex marriages or not. Nearly 10 states recognized the same-sex marriages starting from 2001 one after another and granted equal right to the married homosexual couples. But, most of them did little to ensure the disclosed homosexuals are treated equally or protected against discrimination in terms of employment or receiving benefits. Though removal of DOMA have now legalized such marriage and the same-sex couples are naturally entitled to all the parental benefits the normal citizens can receive including the rights to adopt a child. Previously the rules regarding child adaption varied according to each state. Nearly 20 states in the US consider sexual orientation discrimination as an outlaw. Washington D.C. Evasive Role of the State Governments Hate crimes are also punishable in all states under the federal law according to the Hate Crimes Prevention Act of 2009. Though it applicable to several Hate crimes from bullying in school to disability teasing, it is viewed as the first transgender protection Act in the US. Some states offer the right for the couples to form civil unions under which they can claim protection for their employment and marriage. In states where such facilities are not present, organizations like the National Centre for Lesbian Rights, Human Rights Campaign and GLAD take up the responsibility of fighting for the LGBT people. Most of the states take little care in enacting laws regarding to the protection of LGBT people. The laws have several loopholes and want discreet proof that the crime was sexual oriented rather than having any other motive. Besides the various practical issues, several cases like the Lawrence V Texas paved way for removal of sodomy laws from 13 different states created wider acceptance of the homosexuals and legal reforms in the country. Similarly, the Bowers v. Hardwick case was the first whistle blower to indicate certain state statutes can violate sexual privacy and there was no act in the constitution to protect them. Impact of Homosexual Laws on the US Federalism Though homosexual are being accepted widely in the modern days, nearly 24% gay men and 10% lesbian women aged 14 -24 report to being abused physically or verbally by their peers or parents, at least 10 times a year. With the situation so grim and very little legal protection, Hate Crimes prevention act of 2009 and freezing DOMA were legal milestones welcomed by all homosexuals of the country. Such acts throw light on the US federalism which guarantees equal rights for every citizen, no matter what their race, religion or sexual orientation is. The new policies proves every class of the society will be protected under the US federal law and the states are obliged to follow the evolving needs of the society without sticking to their age old policies. The ruling out of DOMA is an act similar to abolishing slavery, legalizing divorce and granting the right for abortion. It is a reminder that the federal government will step in to ensure the changing needs of the modern times are met through judicial protection and constitutional amendments from time to time. Conclusion The stance of the state government statutes regarding LGBT rights have always had a step-motherly approach towards the LGBT communities. However the changing times and the mentality of the US people towards understanding their nature give them hope to continue their fight. The federal government’s latest activities have been quite favourable to them. References 1. Cory, D. W. The homosexual in America: A subjective approach. New York: Greenberg. 1951. 2. Morris, J. Bonnie. History of Lesbian, Gay, & Bisexual Social Movements. 2013. 13th July 2013 < http://www.apa.org/pi/lgbt/resources/history.aspx> Read More