Homosexual Rights

Overview Homosexuality has been a taboo subject Homosexuality has been a taboo subject Millions of gay and lesbian Americans are not only open about sexuality, they are campaigning for new laws Millions of gay and lesbian Americans are not only open about sexuality, they are campaigning for new laws

Overview Want same rights as heterosexuals- want right to marry Want same rights as heterosexuals- want right to marry

Episcopalian church now has openly gay clergy Episcopalian church now has openly gay clergy Half of Americans now say in surveys that homosexuality should be considered an acceptable alternative lifestyle- compared to 1 in 3 people 20 years ago Half of Americans now say in surveys that homosexuality should be considered an acceptable alternative lifestyle- compared to 1 in 3 people 20 years ago

Overview Surveys show Americans have mixed feelings about how far the government should go in giving rights to gays/lesbians Surveys show Americans have mixed feelings about how far the government should go in giving rights to gays/lesbians Emotionally charged issue, many Americans still view it as objectionable Emotionally charged issue, many Americans still view it as objectionable

Overview 2-10% of Americans are homosexual 2-10% of Americans are homosexual Many Americans lie or refuse to answer survey questions about sexuality, so we do not know accurate percentage Many Americans lie or refuse to answer survey questions about sexuality, so we do not know accurate percentage

1969- New York City police raided a popular gay bar- the Stonewall Inn, for allegedly selling liquor without a license. This caused two days of rioting, started the gay awareness movement New York City police raided a popular gay bar- the Stonewall Inn, for allegedly selling liquor without a license. This caused two days of rioting, started the gay awareness movement

1978- shooting death of San Francisco official Harvey Milk, openly gay man elected to office in a large city shooting death of San Francisco official Harvey Milk, openly gay man elected to office in a large city Killer received 5 year sentence Killer received 5 year sentence

AIDS small group of gay men in San Francisco started getting sick and dying small group of gay men in San Francisco started getting sick and dying Identified it as Human Immunodeficiency Virus (HIV) Identified it as Human Immunodeficiency Virus (HIV) Virus destroys body’s immune system Virus destroys body’s immune system

AIDS Spread through exchange of bodily fluid Spread through exchange of bodily fluid Federal government slow to respond Federal government slow to respond 1985: study showed that more than half of Americans believed government would research AIDS more if it didn’t primarily affect gay men 1985: study showed that more than half of Americans believed government would research AIDS more if it didn’t primarily affect gay men

AIDS ActUp and Human Rights Campaign- wanted public attention and government action ActUp and Human Rights Campaign- wanted public attention and government action “silence is death” “silence is death” AIDS spreading, not limited to gay men- could spread through heterosexual sex and drug users sharing needles AIDS spreading, not limited to gay men- could spread through heterosexual sex and drug users sharing needles

Civil Rights Matter of equality- Homosexuals felt they should have the same rights and protections as heterosexuals Matter of equality- Homosexuals felt they should have the same rights and protections as heterosexuals

Rights Protection against discrimination in employment, housing, and immigration Protection against discrimination in employment, housing, and immigration Expansion of hate crime laws to include sexual orientation Expansion of hate crime laws to include sexual orientation Domestic partner benefits similar to those granted to married couples Domestic partner benefits similar to those granted to married couples

Rights Right to marry or have their relationships recognized in “civil unions” Right to marry or have their relationships recognized in “civil unions” The ability to serve in the military without hiding their sexuality The ability to serve in the military without hiding their sexuality

Rights For many Americans, issue hinges on the question of whether homosexuality is a choice or an innate characteristic with which people are born For many Americans, issue hinges on the question of whether homosexuality is a choice or an innate characteristic with which people are born

Rights Advocates of gay rights say sexual orientation, like race or disability, can’t be changed, and therefore they should be protected like any other minority group Advocates of gay rights say sexual orientation, like race or disability, can’t be changed, and therefore they should be protected like any other minority group

Rights Opponents of gay rights- many have religious roots. Most major religions oppose homosexuality as a violation of the law of God Opponents of gay rights- many have religious roots. Most major religions oppose homosexuality as a violation of the law of God

Rights Opponents of gay rights also worry that children who interact with openly gay adults- teachers or Boy Scout leaders, will view these adults as role models and make that same sexual choice Opponents of gay rights also worry that children who interact with openly gay adults- teachers or Boy Scout leaders, will view these adults as role models and make that same sexual choice

Rights 2003: US Supreme Court ruled that gays and lesbians have a right to sexual privacy and are “entitled to respect for their private lives.” 2003: US Supreme Court ruled that gays and lesbians have a right to sexual privacy and are “entitled to respect for their private lives.”

Partner and benefits 1989: Denmark became the first nation to grant legal rights to gay couples, calling the unions “domestic partnerships” 1989: Denmark became the first nation to grant legal rights to gay couples, calling the unions “domestic partnerships”

Partner and benefits 1999: Netherlands allowed full fledged same-sex marriages 1999: Netherlands allowed full fledged same-sex marriages Many Americans oppose granting legal recognition of same-sex couples, saying it would make a shift in definition of marriage Many Americans oppose granting legal recognition of same-sex couples, saying it would make a shift in definition of marriage

Partner and benefits Marriage between man and a woman sanctifies the creation of new life and establishes the cohesive family (opponents) Marriage between man and a woman sanctifies the creation of new life and establishes the cohesive family (opponents) Supporters: marriage is a fundamental right under Constitution and denying its benefits to homosexuals is discrimination Supporters: marriage is a fundamental right under Constitution and denying its benefits to homosexuals is discrimination

Partner and benefits U.S. Constitution: states are required to offer “full faith and credit” to legal actions in other states, including marriage U.S. Constitution: states are required to offer “full faith and credit” to legal actions in other states, including marriage Some legal experts argue there is an exception if states believe an out of state decision violates their own public policy Some legal experts argue there is an exception if states believe an out of state decision violates their own public policy

Partner and benefits For example: if some state or foreign country allowed bigamy or underage marriages, other states could refuse to recognize it For example: if some state or foreign country allowed bigamy or underage marriages, other states could refuse to recognize it Congress passed the Defense of Marriage Act in 1996 allowing states to refuse to recognize same sex marriage Congress passed the Defense of Marriage Act in 1996 allowing states to refuse to recognize same sex marriage

Defense of Marriage Act 1996 President Bill Clinton President Bill Clinton “marriage” is a union between one man and one woman “marriage” is a union between one man and one woman All federal laws about marriage apply exclusively to opposite sex couples All federal laws about marriage apply exclusively to opposite sex couples

Civil Unions- state benefits to same sex couples Civil Unions- state benefits to same sex couples State tax benefits, family health plans, co-parenting privileges, guardianship and decision making authority for medically incapacitated partner, protection under divorce and separation laws State tax benefits, family health plans, co-parenting privileges, guardianship and decision making authority for medically incapacitated partner, protection under divorce and separation laws

Government Accountability Office lists 1,138 federal laws that pertain to married couples Government Accountability Office lists 1,138 federal laws that pertain to married couples

Taxes: couples in a civil union may file a joint state tax return, but must file federal tax returns as single persons- this may be advantageous to some couples, but not for others Taxes: couples in a civil union may file a joint state tax return, but must file federal tax returns as single persons- this may be advantageous to some couples, but not for others

Married couples can transfer assets and wealth without incurring tax penalties Married couples can transfer assets and wealth without incurring tax penalties

Health insurance: if a private employer’s health plans are subject to state insurance laws, benefits must be extended to same sex spouse in a state that allows same sex marriage Health insurance: if a private employer’s health plans are subject to state insurance laws, benefits must be extended to same sex spouse in a state that allows same sex marriage

Social Security survivor benefits: survivor may have a right to Social Security payments based on the earnings of the married couple, rather than only the survivor’s earnings- Same sex couples are not eligible for such benefits Social Security survivor benefits: survivor may have a right to Social Security payments based on the earnings of the married couple, rather than only the survivor’s earnings- Same sex couples are not eligible for such benefits

Immigration (a partner who is a foreign national can’t become an American by entering into a civil union with someone) Immigration (a partner who is a foreign national can’t become an American by entering into a civil union with someone)

Veterans and military benefits: right to pensions, compensation for service related deaths, medical care, housing and right to burial in veterans cemeteries Veterans and military benefits: right to pensions, compensation for service related deaths, medical care, housing and right to burial in veterans cemeteries

Civil Unions vs Marriage Right to federal benefits- States that allow some type of same sex union are able to grant only state rights Right to federal benefits- States that allow some type of same sex union are able to grant only state rights Defense of Marriage Act prohibits same sex couples from receiving federal marriage rights and benefits Defense of Marriage Act prohibits same sex couples from receiving federal marriage rights and benefits

Portability: civil unions are not recognized by all states, such agreements are not always valid when couples cross state lines Portability: civil unions are not recognized by all states, such agreements are not always valid when couples cross state lines

Terminology: “Marriage” is a term that conveys societal and cultural meaning- important to both gay rights activists and those who don’t believe gays should marry Terminology: “Marriage” is a term that conveys societal and cultural meaning- important to both gay rights activists and those who don’t believe gays should marry

Partner and benefits Children: gay couples/gay individuals hoping to adopt can face legal and societal hurdles Children: gay couples/gay individuals hoping to adopt can face legal and societal hurdles Most states do not routinely deny custody or visitation based on sexual orientation Most states do not routinely deny custody or visitation based on sexual orientation

Focus on the Family: “Marriage is important because it’s a time- honored enduring social institution that serves women, men and children.” Focus on the Family: “Marriage is important because it’s a time- honored enduring social institution that serves women, men and children.”

“And civil unions undermine marriage by reducing it to a bundle of rights and benefits.” “And civil unions undermine marriage by reducing it to a bundle of rights and benefits.” Despite difficulties like divorce, marriage is “still an institution that does what we need it to do for children.” Despite difficulties like divorce, marriage is “still an institution that does what we need it to do for children.”

Research: children raised by married biological parents are better off on average than those raised by cohabiting biological parents- other studies show children raised by both parents fare better than children raised by one- Research: children raised by married biological parents are better off on average than those raised by cohabiting biological parents- other studies show children raised by both parents fare better than children raised by one-

children raised by homosexual parents are just as emotionally and socially healthy as those raised by heterosexual parents children raised by homosexual parents are just as emotionally and socially healthy as those raised by heterosexual parents

The Child Welfare League of America: “Studies using diverse samples and methodologies in the last decade have persuasively demonstrated that there are no systematic differences between gay or lesbian and non-gay or lesbian parents in emotional health, parenting skills, and attitudes toward parenting” The Child Welfare League of America: “Studies using diverse samples and methodologies in the last decade have persuasively demonstrated that there are no systematic differences between gay or lesbian and non-gay or lesbian parents in emotional health, parenting skills, and attitudes toward parenting”

Public Viewpoint Vast majority of Americans say gays should have equal rights in terms of job opportunities Vast majority of Americans say gays should have equal rights in terms of job opportunities Support declines when elementary school teachers or clergy are mentioned Support declines when elementary school teachers or clergy are mentioned

Public Viewpoint More than half say gay partners should receive domestic partner benefits like inheritance rights, health insurance, and Social Security More than half say gay partners should receive domestic partner benefits like inheritance rights, health insurance, and Social Security

Perspective 1 (Liberal View) Protect and extend equal rights of all our citizens Protect and extend equal rights of all our citizens

Feels its shameful that we allow gays and lesbians to be denied the same basic rights as every other citizen Feels its shameful that we allow gays and lesbians to be denied the same basic rights as every other citizen Routinely denied employment and housing Routinely denied employment and housing Unable to obtain official recognition of their life partners, victims of hate crimes Unable to obtain official recognition of their life partners, victims of hate crimes

Civil Rights Movement has shown us that it is often necessary and right for the federal government to step in and protect groups (women, disabled, African- Americans, etc) Civil Rights Movement has shown us that it is often necessary and right for the federal government to step in and protect groups (women, disabled, African- Americans, etc)

Government protection and assurance of equality under the law must extend to gays and lesbians as well Government protection and assurance of equality under the law must extend to gays and lesbians as well All citizens should enjoy full human rights- that is what American government is all about All citizens should enjoy full human rights- that is what American government is all about

What should be done? Prohibit discrimination against gays and lesbians in employment or housing Prohibit discrimination against gays and lesbians in employment or housing Broaden hate crime legislation Broaden hate crime legislation Employee benefits to domestic partners Employee benefits to domestic partners Right to marry, adopt, and receive benefits Right to marry, adopt, and receive benefits Serve openly in military Serve openly in military

Perspective 2 Let states and communities choose solutions that work for them Let states and communities choose solutions that work for them

Our nation is diverse Our nation is diverse Communities hold different values and opinions on dozens of issues, including homosexuality, diversity should be respected Communities hold different values and opinions on dozens of issues, including homosexuality, diversity should be respected

Communities must be free to make their own choices because solutions really only work if they come from grassroots and reflect the values and norms of most people Communities must be free to make their own choices because solutions really only work if they come from grassroots and reflect the values and norms of most people

Local policy on gay and lesbian issues has evolved over the years based on changing comfort levels, without government interference Local policy on gay and lesbian issues has evolved over the years based on changing comfort levels, without government interference Some places offer protection for gays while others have imposed bans on same-sex behavior Some places offer protection for gays while others have imposed bans on same-sex behavior

Those who disagree with local decisions can seem remedies by moving elsewhere Those who disagree with local decisions can seem remedies by moving elsewhere Federal government should follow, not lead Federal government should follow, not lead

What should be done? Government should let communities decide, based on their own norms and values, whether to allow same sex marriages or civil unions Government should let communities decide, based on their own norms and values, whether to allow same sex marriages or civil unions Communities, states, businesses should be allowed to decide if they want to offer domestic partner benefits Communities, states, businesses should be allowed to decide if they want to offer domestic partner benefits

Communities should decide for themselves if they need hate crime laws or whether current laws are sufficient Communities should decide for themselves if they need hate crime laws or whether current laws are sufficient Laws should cover hate crimes against all minorities, not just gays and lesbians Laws should cover hate crimes against all minorities, not just gays and lesbians

Communities should decide based on community feelings, whether to include discussion of gay and lesbians in sex education Communities should decide based on community feelings, whether to include discussion of gay and lesbians in sex education

Perspective 3 (Conservative View) Support and protect traditional institutions and values Support and protect traditional institutions and values

Big difference between tolerating private behavior between consenting adults and endorsing such behavior by granting legal protections Big difference between tolerating private behavior between consenting adults and endorsing such behavior by granting legal protections

Giving domestic partner benefits and special privileges legitimizes same sex relationships even though they can’t create children, which is the major reason underlying government’s traditional protection of marriage and family Giving domestic partner benefits and special privileges legitimizes same sex relationships even though they can’t create children, which is the major reason underlying government’s traditional protection of marriage and family

Same-sex relationships are also deeply offensive to many Americans often based on religious beliefs Same-sex relationships are also deeply offensive to many Americans often based on religious beliefs Marriage is not just about love and commitment, but also about stability of family Marriage is not just about love and commitment, but also about stability of family

We are already seeing the social damage caused by families weakened by divorce and single- parent households We are already seeing the social damage caused by families weakened by divorce and single- parent households Granting new rights and benefits to gays and lesbians and inheritance rights would crush one of the pillars of stable, civil society Granting new rights and benefits to gays and lesbians and inheritance rights would crush one of the pillars of stable, civil society

What should be done? Enact legislation to strength and support traditional families- like a constitutional amendment defining marriage as a union between a man and a woman Enact legislation to strength and support traditional families- like a constitutional amendment defining marriage as a union between a man and a woman

Allow employers and landlords to live by their moral and religious codes Allow employers and landlords to live by their moral and religious codes Prevent gays and lesbians from getting any special legal rights or protections Prevent gays and lesbians from getting any special legal rights or protections

Reinstate the ban on gays and lesbians serving in the military Reinstate the ban on gays and lesbians serving in the military Ban adoptions by gay parents Ban adoptions by gay parents Prohibit public schools from having discussions about homosexuality into curriculum Prohibit public schools from having discussions about homosexuality into curriculum