Civil rights are powers and privileges
that are guaranteed to the individual and protected against arbitrary removal
at the hands of the government or other individuals. In contrast, civil
liberties are freedoms that are guaranteed to the individual and take the
form of restraints on government.
Amendment I.
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and
to petition the Government for a redress of grievances.
The struggle of lesbians and gays for equal rights has moved
to the center for the American stage. Lesbians and gays are battling for
civil rights in Congress, in courtrooms and in the streets; well known
figures are discussing their sexual orientation in public such as the recent
"coming out" of Ellen DeGeneres, gay characters are featured in movies
and on prime time television shows. One movie includes, "Chasing Amy."
Despite these advances into the American mainstream, however, lesbians,
gay men and bisexuals continue to face discrimination in all areas of life.
No federal law prevents a person from being fired or refused a job due
to the basis of their distinguished sexual preferences. Very often in the
news, it speaks of nation's largest employer- the U.S. military- very openly
discriminates against gays and lesbians. Mothers lose child custody just
because of their lesbian background, and gay people are denied the right
to marry eachother.
One state even tried to fence lesbians and gay men out of the process
used to pass laws. In 1992, Colorado enacted Amendment 2, which repealed
existing state laws and barred future laws protecting lesbians, gay men,
and bisexuals from discrimination. The United States Supreme Court struck
it down in the landmark June 1996 Romer vs. Evans decision.
We must conclude that Amendment 2 classifies homosexuals not to further
a proper legislative end but to make them unequal to everyone else. This
Colorado cannot do. A State cannot so deem class a persons a stranger to
its laws.
-Justice Anthony Kennedy ,Majority Opinion
in Romer v. Evans
The modern gay rights movement began dramatically in June 1969 in
New York City's Greenwich Village. When, in a typical "raid", police tried
to arrest them merely for being present in a gay bar, eventually patrons
of the Stonewall Inn fought back. Using grass-roots and litigation strategies
used by other 20th Century activists for social change, the gay rights
movement has accomplished very significant progress. Here are some of the
outcomes of this ongoing struggle:
Nine states, the District of Columbia,
over 200 municipalities, and hundreds of businesses and universities prohibit
discrimination in employment regardless of their sexual orientation.
"Domestic Partnership" programs
in dozens of municipalities and hundreds of private institutions, including
some of the country's largest corporations and universities, recognize
the partners of lesbian and gay employees.
Sodomy laws, typically used to justify discrimination against gay people
even though they happen to apply to everyone had once existed in all 50
states, now only 19 states left has them.
But as lesbians and gay men have become empowered, anti-gay hostility
has become more unroofed and vicious :
Although unrelated to an individual's
ability, sexual orientation is still the basis for employment decisions
whether to take in a person for a job in both the public and private sectors
outside the states and cities where civil rights laws protect lesbians
and gays.
A homophobic backlash has sparked
a rise in "hate crimes," including murder against those perceived to be
gay.
High school lesbian/gay clubs and
gay organizations on some college campuses are denied official recognition,
access to funding and campus services.
During the McCarthy Era in the late 1940's and 1950's, anti-gay bigotry
was rampant; at least 1,700 federal workers who were suspected of being
lesbian or gay and were branded "perverts" and "subversives," were eventually
fired. Today, the federal government is still continuing to completely
rid itself of this bigotry, maintaining explicitly discriminatory policies
in the military. In 1986, after more than two decades of support for lesbian
and gay struggles, the American Civil Liberties Union established a national
Lesbian and Gay Rights Project to fight for equal rights for lesbians and
gay men.
Constitutional basis for lesbian and gay rights rests on several fundamental
constitutional principles:
Equal protection of the law is guaranteed by the
Fifth and Fourteenth Amendments and reinforced by hundred of local, state,
and federal civil rights laws.
Although the Fourteenth Amendment was ratified at
the end of the Civil War designed to ensure legality for African-Americans,
Congress wrote it as a general guarantee of equality, and the courts have
interpreted the Equal Protection Clause to prohibit discrimination on the
basis of gender, religion and disability.
The right to privacy, or "the right to be left alone,"
is guaranteed by the Fourth, Fifth, Ninth, and Fourteenth Amendments. In
1965, Grisvold vs. Connectticutt struck down a state law that prohibited
even married couples from obtaining contraceptives, citing "zones of privacy,"
in 1967, Loving vs. Virginia decriminalized interracial marriage. All of
these Supreme Court decisions underscore the principle that decisions about
intimate relationships are personal and should be left up to the individual.
Freedom of speech and association are protected under
the First Amendment. This Amendment protects the right to organize and
urge government to end discrimination, to recognize lesbian and gay relationships,
and to adopt laws prohibiting discrimination in the private sector. It
also includes the rights to form social and political organizations, to
socialize in bars and restaurants, to march or protest peacefully, to produce
art with gay themes and to speak out publicly about gay and lesbian issues.
Domestic partnerships
More than a dozen cities, including
New York, Los Angeles, San Francisco, Atlanta, District of Columbia and
Minneapolis, have created "domestic partnership" registries. They give
official status to same-sex couples who register with the city. Scores
of government and private companies recognize the domestic partnerships
of their employees. While these laws do not bestow most of the rights and
responsibilities of marriage, they generally grant partners some of the
recognition accorded to married couples. Typically, it is the right to
visit a sick or dying partner in a hospital, sometimes sick and in a few
cases, health insurance. Protection of homosexuals
There are nine states: California,
Hawaii, Massachusetts, Connecticutt, Minnesota, New Jersey, Vermont, Rhode
Island, and Wisconsin, and more than 200 municipalities and hundreds of
businesses and universities that have enacted laws that protect gay people
from employment discrimination. But in most locales in the remaining 41
states, sexual orientation discrimination remains perfectly legal.
Business at very often times fire
lesbian and gay employees and many states maintain policies that exclude
gay people from certain positions. Every year, lesbian and gay Americans
are denied jobs and access to housing, hotels, and other public accommodations.
Many more are forced to hide their lives and lie about their beliefs just
to get by.
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