Review: Three Arguments for Gay Rights on JSTOR

Contents:

• THE MOST EFFECTIVE ARGUMENT AGAST GAY RIGHTS
• AFTER YEARS OF PROGRS ON GAY RIGHTS, HOW DID THE US BEE SO ANTI-LGBTQ+?
• GAY RIGHTS ARE CIVIL RIGHTS
• SHOULD GAY MARRIAGE BE LEGAL?
• GAY RIGHTS
• THE STGGLE FOR GAY RIGHTS IS OVER
• GROUPS OPPOSED TO GAY RIGHTS RAKE LNS AS STAT BATE ANTI-LGBTQ BILLS
• LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS

THE MOST EFFECTIVE ARGUMENT AGAST GAY RIGHTS

And as of this week, seems that we are now enterg a perd, both polilly and possibly socially, which the good news for gay rights will likely be unrmed and undone a ln ways large and have been worryg about a great gay rights backlash on-and-off for the past few years, of urse. A rash of laws ncerng the teachg of human sexualy school curricula, banng trans stunt athlet and strippg parents of the right to help their genr-variant children obta appropriate re have popped up numero red stat this same-sex marriage is now part of the fabric of Ameri, nservativ have chosen to explo Amerins’ unfaiary wh trans people and piggyback on parental anger over the perceived overreach of Covid-era school closur, nflatg wh an sid sense of “wokens”, the hop of fdg an electorally viable sluiceway for anti-LGBTQ+ most famo of the anti-LGBTQ+ laws is the piece of Florida legislatn banng stctn on sexual orientatn or genr inty schools between krgarten and third gra, the so-lled “don’t say gay” law.

He was followed by Arizona’s ernor, Doug Ducey, who, after barrg mors om genr-affirmatn treatment, wouldn’t even state for the rerd that trans people were Florida lawmaker Michele Rayner-Goolsby, left, hugs her wife, Bian Goolsby, durg a march at cy hall St Petersburg agast the ‘don’t say gay’ bill. Photograph: Bob Daemmrich/Zuma Wire/Rex/ShutterstockPolicians are supported the media by mentators like Tucker Carlson, who claimed “no one had heard of this trans thg four years ago”, or Charlie Kirk, channelg 1980s fears sayg “gays want to rpt your children” rejuvenated, the right wg is poised to make transphobia and homophobia rnerston of the midterms and 2024 electns, wh promis to liver “don’t say gay” legislatn stat cludg Michigan and New Perks, the print of the Fay Rearch Council, a nservative lobbyg group, veighed agast the ernors of Indiana and Utah for vetog legislatn banng trans women om participatg sports, llg the bills “timely, mastream protectns”. ”The bs-iendly wg of the GOP that would quietly team up wh Democrats to scuttle rabidly homophobic bills is now outnumbered, and legislators a dozen or more stat that lean even farther to the right than DeSantis are takg, the Natnal Center for Lbian Rights legal director, believ Florida is the tt se for a renewed ph for an aggrsive, Christian-natnalist program.

“I thought was really important to ph back on the policy level, and to send a clear signal that California and other stat really re about the kids, ” he believ that “don’t say gay” is “patently unnstutnal” but also ntends that relyg on the judicial system to protect human rights may no longer be a sound optn. ”In separate s nsolidated for argument, three platiffs — two gay men and a transgenr woman — had sued their employers for firg them after learng of their sexual orientatn or transgenr do not matter, the urt said, whether the employer might have had addnal reasons for the firg. ” In short, this particular victory for gay rights was based not on the fundamental equaly or digny of gay and transgenr Amerins, as prev Supreme Court cisns have been; was based on the meang of a sgle opn also hts at a potentially ser obstacle on the horizon: claims by employers that beg prohibed om discrimatg agast gay and transgenr workers vlat their relig nvictns.

AFTER YEARS OF PROGRS ON GAY RIGHTS, HOW DID THE US BEE SO ANTI-LGBTQ+?

Such claims are likely to fd a sympathetic ear among this Supreme Court’s nservative majory, which has repeatedly voted to protect if not promote relign and relig now, however, Monday’s cisn is a victory to savor, the next major step a le of gay rights cisns stretchg back nearly a quarter century, and until now wrten solely by Jtice Anthony Kennedy. On July 25, 2014 Miami-Da County Circu Court Judge Sarah Zabel led Florida’s gay marriage ban unnstutnal and stated that the ban “serv only to hurt, to discrimate, to prive same-sex upl and their fai of equal digny, to label and treat them as send-class cizens, and to em them unworthy of participatn one of the fundamental stutns of our society.

The Amerin Psychologil Associatn, Amerin Psychiatric Associatn, and others nclud that legal gay marriage giv upl “accs to the social support that already facilat and strengthens heterosexual marriag, wh all of the psychologil and physil health benefs associated wh that support.

2016 printial ndidate and former Hewlett-Packard CEO Carly Fra stated that civil unns are aquate as an equivalent to marriage: “Benefs are beg btowed to gay upl [ civil unns]… I believe we need to rpect those who believe that the word marriage has a spirual foundatn… Why n’t we rpect and tolerate that while at the same time sayg ernment nnot btow benefs unequally.

GAY RIGHTS ARE CIVIL RIGHTS

Court papers filed July 2014 by attorneys fendg Arizona’s gay marriage ban stated that “the State regulat marriage for the primary purpose of channelg potentially procreative sexual relatnships to endurg unns for the sake of jog children to both their mother and their father… Same-sex upl n never provi a child wh both her blogil mother and her blogil father. Lee Badgett, PhD, Director of the Center for Public Policy and Admistratn at the Universy of Massachetts at Amherst, stated that for many gay activists “marriage means adoptg heterosexual forms of fay and givg up distctively gay fay forms and perhaps even gay and lbian culture.

SHOULD GAY MARRIAGE BE LEGAL?

Queer activist Anrs Zanichkowsky stated June 2013 that the then mpaign for gay marriage “tentnally and malicly eras and exclus so many queer people and cultur, particularly trans and genr non-nformg people, poor queer people, and queer people non-tradnal fai… marriage thks non-married people are viant and not tly servg of civil rights. Matt Barber, Associate Dean for Onle Programs at Liberty Universy School of Law, stated, “Every dividual engaged the homosexual liftyle, who has adopted a homosexual inty, they know, tuively, that what they’re dog is immoral, unnatural, and self-stctive, yet they thirst for that affirmatn. Ernment signated Gerber’s Chigo hoe a Natnal Historic Pk TriangleCorbis/Getty ImagHomosexual prisoners at the ncentratn mp at Sachsenhsen, Germany, wearg pk triangl on their uniforms on December 19, gay rights movement stagnated for the next few s, though LGBT dividuals around the world did e to the spotlight a few example, English poet and thor Radclyffe Hall stirred up ntroversy 1928 when she published her lbian-themed novel, The Well of Lonels.

GAY RIGHTS

Addnally, 1948, his book Sexual Behavr the Human Male, Aled Ksey proposed that male sexual orientatn li on a ntuum between exclively homosexual to exclively Homophile Years In 1950, Harry Hay found the Mattache Foundatn, one of the natn’s first gay rights group. ”Though started off small, the foundatn, which sought to improve the liv of gay men through discsn groups and related activi, expand after foundg member Dale Jenngs was arrted 1952 for solicatn and then later set ee due to a adlocked the end of the year, Jenngs formed another anizatn lled One, Inc., which weled women and published ONE, the untry’s first pro-gay magaze.

THE STGGLE FOR GAY RIGHTS IS OVER

Post Office, which 1954 clared the magaze “obscene” and refed to liver Mattache Society Mattache Foundatn members rtctured the anizatn to form the Mattache Society, which had lol chapters other parts of the untry and 1955 began publishg the untry’s send gay publitn, The Mattache Review. That same year, four lbian upl San Francis found an anizatn lled the Dghters of Bilis, which soon began publishg a newsletter lled The Ladr, the first lbian publitn of any early years of the movement also faced some notable setbacks: the Amerin Psychiatric Associatn listed homosexualy as a form of mental disorr followg year, Print Dwight D.

GROUPS OPPOSED TO GAY RIGHTS RAKE LNS AS STAT BATE ANTI-LGBTQ BILLS

”In fear of beg shut down by thori, bartenrs would ny drks to patrons spected of beg gay or kick them out altogether; others would serve them drks but force them to s facg away om other ctomers to prevent them om 1966, members of the Mattache Society New York Cy staged a “sip-”—a twist on the “s-” protts of the 1960s— which they vised taverns, clared themselv gay, and waed to be turned away so they uld sue. They were nied service at the Greenwich Village tavern Juli, rultg much publicy and the quick reversal of the anti-gay liquor Stonewall Inn A few years later, 1969, a now-famo event talyzed the gay rights movement: The Stonewall clanste gay club Stonewall Inn was an stutn Greenwich Village bee was large, cheap, allowed dancg and weled drag queens and homels the early hours of June 28, 1969, New York Cy police raid the Stonewall Inn. Addnally, several openly LGBTQ dividuals secured public office posns: Kathy Kozachenko won a seat to the Ann Harbor, Michigan, Cy Council 1974, beg the first out Amerin to be elected to public Milk, who mpaigned on a pro-gay rights platform, beme the San Francis cy supervisor 1978, beg the first openly gay man elected to a polil office asked Gilbert Baker, an artist and gay rights activist, to create an emblem that reprents the movement and would be seen as a symbol of pri.

In 1981, the Centers for Disease Control and Preventn published a report about five prevly healthy homosexual men beg fected wh a rare type of 1984, rearchers had intified the e of AIDS—the human immunoficiency vis, or HIV—and the Food and Dg Admistratn licensed the first mercial blood tt for HIV 1985. But after failg to garner enough support for such an open policy, Print Clton 1993 passed the “Don’t Ask, Don’t Tell” (DADT) policy, which allowed gay men and women to serve the ary as long as they kept their sexualy a rights advot cried the Don’t Ask, Don’t Tell policy, as did ltle to stop people om beg discharged on the grounds of their 2011, Print Obama fulfilled a mpaign promise to repeal DADT; by that time, more than 12, 000 officers had been discharged om the ary unr DADT for refg to hi their sexualy. Don’t Ask, Don’t Tell was officially repealed on September 20, Marriage and Beyond In 1992, the District of Columbia passed a law that allowed gay and lbian upl to register as domtic partners, grantg them some of the rights of marriage (the cy of San Francis passed a siar ordance three years prr and California would later extend those rights to the entire state 1999) 1993, the hight urt  Hawaii led that a ban on gay marriage may go agast the state’s nstutn.

In 1994, a new anti-hate-crime law allowed judg to impose harsher sentenc if a crime was motivated by a victim’s sexual Matthew Shepard ActCourty of the Matthew Shepard FoundatnMatthew Shepard, who was btally killed a hate crime 2003, gay rights proponents had another b of happy news: the U. Gay rights proponents mt also ntent wh an creasg number of “relig liberty” state laws, which allow bs to ny service to LGBTQ dividuals due to relig beliefs, as well as “bathroom laws” that prevent transgenr dividuals om g public bathrooms that don’t rrpond to their sex at birth.

LEGIMACY OF ‘CTOMER’ SUPREME COURT GAY RIGHTS SE RAIS ETHIL AND LEGAL FLAGS

It was an obv joke about Pence’s religsy and social nservatism, an example not of Tmp’s purported homophobia but the lack of rpect he has for even his most loyal followers, up to and cludg his own vice print, whom he is apparently willg to mock before a group of Whe Hoe visors.

Likewise, the portn of heterosexual rponnts who said they would feel unfortable “learng a fay member is LGBTQ” was 27 percent 2016, and rose to 30 percent the followg for the report on LGBTQ homicis, is unclear how many of the murrs clud the report were actually motivated by antigay anim. But is the nflatn of transgenr issu wh the gay-rights movement, a recent velopment and not one unrtaken whout some ntroversy among gays and lbians themselv, which acunts for much if not most of the evince ced as reprentg regrsn on gay to marriage equaly and other protectns for gays advanced by the Supreme Court, Jtice Anthony Kennedy’s “opns seem secure bee his jurispnce largely mirrors chang society, ” Saikrishna Prakash of the Universy of Virgia Law School told Poli, referrg to the former Supreme Court jtice’s majory opns the 2003 se strikg down sodomy laws and the 2015 se legalizg same-sex marriage. The urt assailed Colorado burecrats for nng roughshod over the First Amendment rights of the baker, whose relig nvictns forba him not om servg gay people—he offered to make the uple all the baked goods they uld ever wish to nsume—but om exprsg approval for somethg he nsirs gay people are expected to be grievoly offend by the behavr of Jack Phillips, the owner of Masterpiece Cakhop.