1. Stonewall The Stonewall riots: a series of spontaneous, violent demonstrations against a police raid at the Stonewall Inn, in the Greenwich Village. Took place on June 28, 1969. First instance in American history when people in the homosexual community fought back against a government-sponsored system. ***Began the Gay Rights Movement

2. Gay Rights Movement Post Stonewall AIDS Military Employment Marriage

3. AIDS Can AIDS patients be denied care? Acquired immune deficiency syndrome -Insurance companies would not pay fully for AIDS related treatments. -But the ADA: Americans with Disabilities Act (1990) protects people with disabilities from discrimination. It prohibits insurance companies from paying less for specific diseases.

5. Bragdon v. Abbott (1998) Sidney Abbott goes to a dental office for a cavity. The dentist refuses treatment after Sidney reveals that she has contracted AIDS. Doctor then claims he will do the procedure IF she gets her treatment at a hospital at her own expense. Doctor Bragdon claims being HIV positive poses a “direct threat” to his health and well-being.

6. Question Does the doctor’s refusal of care based on the fact that a patient has AIDS violate the ADA (1990)? This case was brought before the Supreme Court. Decision: The Court ruled in favor of Abbott. -Since HIV "substantially limits" major life activities, such as reproduction, the infection is a "disability" that entitles its victims to ADA protections. Also, they found that there was a risk to a fetus of an unborn child because of contraction of HIV. Therefore Abbot’s doctor violated her protection as a disabled person under ADA (1990) when the disability threatens reproduction.

7. Ryan White

8. An American teenager from Indiana, who became a national poster child for HIV/AIDS. As a hemophiliac, he became infected with HIV from a contaminated blood transfusion. Diagnosed in December 1984, he was told he had 6 months to live. He was expelled from middle school because of his infection.

9. Before White, AIDS was a disease widely associated with the male gay community. That perception shifted as White and other prominent HIV-infected people appeared in the media to advocate for more AIDS research and public education. Shortly after White’s death Congress passed the Ryan White Care Act. Ryan White Programs are the largest provider of services for people living with HIV/AIDS in the United States.

10. Military Can openly gay people serve in the military ?

11. Military Background Info 1943-Military Regulations banned all gay people from serving in the military. This lead to something called “Blue discharge”: dishonorable discharge for being identified as being gay (10,000 during and immediately after WWII) 1957- The Crittenden Report concluded that homosexuals posed no security risk to the United States The reports were buried, but leaks to Congress and the press brought them and the Crittenden Report to the surface in October 1989.

12. More Background… Executive Order 10450-Dwight D. Eisenhower issued Executive Order 10450 in April 1953 (iii) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction or sexual perversion [prohibits you from working in the Federal government] Rationale: Allows FBI to investigate federal employees to determine security risks.

13. Don’t Ask, Don’t Tell In 1993 the President enables “Don’t Ask, Don’t Tell” (DADT) policy. The persecution of lesbian and gay military personnel soared instead of declining as expected. Court Case: Ninth U.S. Circuit Court of Appeals Holmes/Watson v. California Army National Guard (1997). Both Charles Watson & Andrew Holmes challenge the DADT policy based solely on a statement of homosexuality.

14. Constitutional Question Is the “Don’t Ask, Don’t Tell” policy a violation of the 14 th Amendment’s protection of equal treatment under the law? Ruling: The “Don’t Ask, Don’t Tell” policy was not discriminatory because “it treated homosexuals and heterosexuals equally since neither are allowed to say they are gay OR required to prove that they have not, or will not, engage in homosexual conduct. “ ***This ruling was very confusing and shows to what extent courts are willing to go to avoid resolving conflicts over military policy.

15. Employment Are gay men and women protected from workplace discrimination?

16. Can a public employer fire you for being gay? Childers v. Dallas Police Department (1981) In 1981 the Dallas Police Department refused to hire an openly gay man, Steven Childers. Constitutional Question: Does a local government’s refusal to hire a openly gay man violate the equal protection clause of the Fourteenth Amendment? Texas federal district court upheld the right of the Dallas Police Department to refuse to hire an openly gay man to work in its property room because “many people openly despise and fear homosexuals.” The court also believed that there “there [were] also legitimate doubts about a homosexual’s ability to gain the trust and respect of the personnel with whom he works.’”

17. July 2011

19. Defense of Marriage Act (1996) The federal Defense of Marriage Act (DOMA), passed in 1996, and similar state measures attempt to define marriage as a union between one woman and one man, and allow states to deny recognition for same- sex marriages that may originate in other states. Full faith and Credit (Article IV): “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.”

20. Benefits of marriage Tax Benefits Filing joint income tax returns with the IRS and state taxing authorities. Inheriting a share of your spouse's estate. Medical Benefits Visiting your spouse in a hospital intensive care unit or during restricted visiting hours in other parts of a medical facility. Making medical decisions for your spouse if he or she becomes incapacitated and unable to express wishes for treatment. Employment Benefits Obtaining insurance benefits through a spouse's employer. Taking family leave to care for your spouse during an illness. Receiving wages, workers' compensation, and retirement plan benefits for a deceased spouse. Taking bereavement leave if your spouse or one of your spouse's close relatives dies. Custody Benefits Filing for stepparent or joint adoption. Applying for joint foster care rights. Receiving equitable division of property if you divorce. Receiving spousal or child support, child custody, and visitation if you divorce.

21. Question If one state like Hawaii, Vermont, or both were soon to allow same-sex marriage would the other states have to recognize that marriage? Does DOMA (1996) which allows states to deny recognition for same-sex marriage that may originate in other states a violation of the Full Faith and Credit clause?

22. Marriage Would a ban on same-sex marriage violate the equal protection clause of the Fourteenth Amendment?

23. Facts of the Case Perry v. Schwarzenegger (2012) A Supreme Court Decision On May 15, 2008, the Supreme Court of California voted 4-to-3 that a state law banning same-sex marriage was unconstitutional. California Referendum Opponents quickly organized, and launched the Proposition 8 initiative campaign. Does Proposition 8, which bans same-sex marriage, violate the equal protection clause of the 14th Amendment?

24. Decision Federal Court of Appeals On Feb. 7, 2012. a federal appeals court panel declared that Proposition 8 violated the Constitution, all but ensuring that the case will proceed to the United States Supreme Court. The court ruled that Proposition 8 violated the 14th Amendment of the Constitution by discriminating against a group of people, gay men and lesbians. This is currently being heard by the Supreme Court (April 2013).

25. Arguments for Same-Sex Marriage Proposition 8 violates people’s Constitutional rights to equal protection and due process. Arguments Against Same-Sex Marriage Same-sex marriage damages traditional marriage as an institution. They also argued that marriage was essentially created to foster procreation that ensured the survival of the human race.