LGBT Rights and Social Issues

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Presentation transcript:

LGBT Rights and Social Issues

LGBT- the abbreviations for Lesbian, Gay, Bisexual, and Transgender. Transgender- a person whose gender identity does not conform to one’s assigned sex at birth (which is usually based on their genitals).

Marriage -- A consensual and contractual union for life, meting the legal requirements established by the state, with those requirements varying from state to state. Results in the creation or formation of kinships -- or family -- with the two marriage partners united legally, economically and emotionally. Traditional marriage -- Commonly used to describe marriage between a man and a woman

Same-sex marriage -- Also referred to as gay marriage, is the legal union of two individuals of the same gender. Civil union – the desired alternative for those opposing same-sex marriage, this would provide all the state spousal rights and benefits to a couple without the title of marriage. Domestic partnerships -- Another desired alternative for those opposing same-sex marriage, it provided all, many, or only a certain few of the state spousal rights and benefits afforded to a married couple

Spousal rights and benefits -- Benefits and protections provided by governments on both the federal and state levels. Benefits include those for tax breaks, Social Security, veterans, health insurance, Medicaid, hospital visitation, inheritance without a will, estate taxes, retirement savings, pensions, organ donation, family leave and immigration-law protections.  Defense of Marriage Act (DOMA) -- Passed by Congress and signed into law in 1996 by President Clinton. It defined marriage as a legal union between a man and a woman for the purposes of all federal laws. It was overturned by the Supreme Court in 2013.

State Constitutional Marriage Amendments- as many as 30 states had passed these in their state constitutions defining marriage as between a man and a women. As of 2015 they are all considered a violation of the U.S. Constitution. “Don’t Ask Don’t Tell” (DADT)- officially military policy on gays in the military from 1993-2010. The policy prohibited the military from asking about a soldier’s sexual orientation while also prohibiting a soldier from disclosing a homosexual orientation to military officials. This policy was overturned by President Obama in 2010.

Homosexuality was considered a mental disease until 1973 Homosexuality was considered a mental disease until 1973.   1934-1971 Hollywood prohibited all references towards homosexuals in films   1935 The American Psychological Association reports a “successful” electric shock therapy for homosexuality.   1937 The first use of the pink triangle was used for men in Nazi concentration camps.   1941-45 WWII, the military did not allow gays in the military

1948 The Kinsey Report finds that 30 percent of adult American males had engaged in some kind of homosexual activity   1945 Allied troops liberate inmates of Nazis concentration camps but do not release those imprisoned for homosexuality   1950 “The Lavender Scare”- The Federal Government investigates the sexual orientation of its employees at the beginning of the Cold War resulting in the termination of 5,000 employees. Homosexuals are considered a security risk because of the mental and emotional instability.   1952 Congress passes a law banning all gay foreigners from entering the U.S.

1957 The Kinsey Report revealed that 10% of the population is predominantly homosexual.   1977 80% of surveyed Oregon doctors say they would refuse to treat a known homosexual.   1986 Bowes vs. Hardwick-the Supreme Court rules, in a 5-4 decision, that two consenting adults cannot engage in homosexual activity in the privacy of their own home.   1993 Don’t Ask Don’t Tell is instituted in the U.S. military   2004 President Bush calls for a constitutional amendment banning same-sex marriage.

2004 On May 17, same-sex marriages become legal in Massachusetts 2004 On May 17, same-sex marriages become legal in Massachusetts. 2005 Civil unions become legal in Connecticut in October. 2006 Civil unions become legal in New Jersey in December 2007 In November, the House of Representatives approves a bill ensuring equal rights in the workplace for gay men, lesbians, and bisexuals.

2015 June 26, The U. S. Supreme Court ruled, 5–4, in Obergefell v 2015 June 26, The U.S. Supreme Court ruled, 5–4, in Obergefell v. Hodges that same-sex couples have the fundamental right to marry and that states cannot say that marriage is reserved for heterosexual couples. "Under the Constitution, same-sex couples seek in marriage the same legal treatment as opposite-sex couples, and it would disparage their choices and diminish their personhood to deny them this right," Justice Anthony Kennedy wrote in the majority opinion.

Issues Since Obergefell KIM DAVIS Kimberly Jean Davis (September 17, 1965) is the county clerk for Rowan County, Kentucky, who gained international attention in August 2015 when she defied a U.S. federal court order to issue marriage licenses to same-sex couples, following the June 26, 2015, U.S. Supreme Court decision in Obergefell v. Hodges. Davis reacted to the decision by denying marriage licenses to all couples, saying she was acting "under God's authority".[3][4] Her defiance led to her being jailed, while both supporters and detractors hotly debated her stance in the national media. Marriage licenses in Rowan County are now being issued to all citizens as required by law.

Cake Baker IN 2012, Jack C. Phillips declined to design a custom wedding cake for a gay couple who entered his bakery, telling them that his Christian faith prohibited him from crafting cakes for same-sex marriages. The couple sued — and last week Mr. Phillips’s lawyer made the case before the Supreme Court that the baker had a constitutional right to refuse the request.  The laws of Mr. Phillips’s home state of Colorado prohibit public accommodations — such as bakeries — from discriminating on the basis of sexual orientation. The baker has no objection to a selling a cake off the shelf for a same-sex wedding, but he argues that creating a custom cake would force him to celebrate that union. In his view, that’s a violation of his First Amendment right to speak as he chooses.

Transgender Bathrooms The Trump administration's reversal of Obama-era protections that allowed transgender students in public schools to use bathrooms that correspond with their gender identity has angered civil rights groups. The change in position Wednesday reignited the debate on whether guidance on transgender students' use of bathroom and locker room facilities is a state or federal rights issue. Last year, the Education and Justice departments issued joint guidance directing schools to let transgender students use facilities that correspond with their gender identity. The letter to school districts and colleges that receive federal funding was based on the Obama administration's interpretation of Title IX, the federal law that bans sex discrimination in schools.

Transgender Bathrooms Officials in some states and cities, including Colorado, Iowa, Oregon, Washington state, San Francisco, New York City and the District of Columbia, consider denying transgender people the right to use a gender identity-appropriate restroom a violation of discrimination laws, according to the American Civil Liberties Union. The ACLU adds that in some cities, such as San Francisco, transgender people should not have to prove their gender to gain access to a public restroom unless others have to show an ID to use that restroom.

Transgender Bathrooms Gavin Grimm, a 17-year-old transgender student from Virginia, was thrust into the national debate after he took his school district to court demanding it allow him to use the bathroom that corresponds to his gender identity. In ruling for Grimm and against the school district, a federal appeals court deferred to the Obama administration's interpretation of Title IX. Last summer, the US Supreme Court dealt Grimm a setback, granting a request from the Gloucester County, Virginia, School Board to put a temporary hold on the appellate ruling while the justices consider an appeal. The Supreme Court is set to hear his case next month. But in a separate letter Wednesday, the Justice Department informed the high court that Obama's guidance had been withdrawn. It's unclear what will happen to Grimm's case, but his argument was based on the Obama guidance and without it, his legal defense could suffer a major setback.

VP – Mike Pence He rejected the Obama administration directive on transgender bathrooms In May, the federal government directed school districts to allow students to use the bathroom of the gender they identify with. The directive came as criticism crescendoed around a North Carolina lawthat would have restricted the use of bathrooms. Along with many other conservatives, Pence opposed Obama’s directive and said it was a state issue. “The federal government has not business getting involved in issues of this nature,” Pence said.

VP – Mike Pence He rejected the Obama administration directive on transgender bathrooms In May, the federal government directed school districts to allow students to use the bathroom of the gender they identify with. The directive came as criticism crescendoed around a North Carolina lawthat would have restricted the use of bathrooms. Along with many other conservatives, Pence opposed Obama’s directive and said it was a state issue. “The federal government has not business getting involved in issues of this nature,” Pence said.

North Carolina – HB2 – “Bathroom Bill North Carolina has repealed portions of the state's controversial "bathroom bill," including the requirement that trans people use the bathroom that matches their birth certificate, member station WUNC reports. Democratic Gov. Roy Cooper said he has signed the repeal measure, which he said is "not perfect" but is "an important step forward.“ At a news conference on Thursday he said the compromise repeal, which leaves in place a temporary prohibition on local anti-discrimination measures, was a necessary compromise with a Republican-controlled Legislature.