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Presentation Transcript
The Future of Homosexual Rights in America
Jamie Pizzi, Alexandra Sol, Robert Gentile, Diego Villasenor
Executive Summary We recommend a moderate policy of compromise in which the government integrates the homosexual community into the sociopolitical environment with equal rights as heterosexual couples in the form of domestic partnerships. Because the current situation, particularly in regards to civil unions and adoption of children, is unconstitutional towards homosexual couples. Why?
We propose an amendment to the current marriage law stating that, “There is to be equal treatment of homosexual couples in the form of marriage and adoption rights.”
A Brief Background U.S. history supports the claim that homosexuals have experienced discrimination within American society. Americans consider to be one of the largest movements of the twenty-first century. The rights of homosexual people in the United States is an issue that dates back to the commencement of the civil rights movement But, some scholars argue the issue began earlier than 1951; nearly two centuries earlier, when president Thomas Jefferson purposed a law in 1779 mandating castration for homosexual men and the punishment of nose cartilage mutilation for women intended to make them less appealing.
More Background A number of New England states recently begun to display a more liberal approach by legalizing same sex marriages all preceding the case of Lawrence v. Texas in 2003, when two men Lawrence and Garner were found by police engaging in sexual intercourse in the privacy of their Texas home. The case has contributed largely to the decisions of some New England states that have recently legalized same sex marriages. The Supreme Court ruled the case unconstitutional saying “sodomy laws in the United States are unconstitutional” gave certain states and their political leaders a chance to act upon what they believe is right according to the constitution.
Why does this issue need to be addressed? Not allowing homosexual couples to obtain equal marital rights is in direct violation of the First Amendment declaration that states, “Congress shall make no law respecting an establishment or religion, or prohibiting the free exercise thereof.” The homosexual community has been advocating and pushing for rights for generations. In a democratic society, we cannot simply ignore them.
Pre-Existing Policies Efforts began in the early twentieth century when the Society for Human Rights in Chicago was formed and began to advocate for homosexual emancipation (However, it was dissolved a few months later because some of the society’s members were arrested) Forty years after the Society for Human Rights was formed, in 1962, Illinois decriminalized homosexual acts in private. In 1973, the APA acknowledged that being homosexual was not a mental disorder At the same time, Harvey Milk, the city supervisor of San Francisco, advocated against governmental intervention in sexuality
Pre-Existing Policies Within the last decade In 1993, President Clinton passed the “Don’t Ask, Don’t Tell Bill” in which he allowed homosexual men and women to participate in the military, but to refrain from any same-sex activity. In 2010, President Obama voted for the dissolution of this bill. Massachusetts, Connecticut, New Jersey, Vermont, Iowa, New Hampshire, DC, New York same-sex marriage is now legal. Obama supported a legislation called Respect for Marriage Act that advocates for equal rights between homosexual and heterosexual couples He addressed a Memorandum in which he stated that homosexual couples and families should be entitled to adequate care in hospitals
Policy Options Policy A Not recognizing homosexual couples as equal at all, thus granting them zero recognition in the form of marriage, domestic partnership, or adoption rights. As well as terminating any current domestic partnerships and halting the adoption process for homosexual couples indefinitely.
Policy Options Policy B Creating a compromise in the form of federally recognized domestic partnerships, and allowing states to decide whether or not homosexual couples can have the right to adopt children.
Policy Options Policy C Granting homosexual couples the full right to marry and adopt children.
Recommended Course of Action We choose the second option of a compromise between giving full rights and completely refusing the homosexual community any at all This is suggested primarily for the reluctance and issues that would arise from forcing a private institution (the church) Recognition that the homosexual community is indeed a minority, a group of other humans who are being oppressed This will allow homosexual couples to enter into a civil partnership, being given all the same legal rights, opportunities, and benefits afforded to a heterosexual couple.