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Gay rights policy - Essay Example

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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…
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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