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Homosexual Rights

Homosexual Rights. Overview. Homosexuality has been a taboo subject 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. Episcopalian church now has openly gay clergy

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Homosexual Rights

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  1. Homosexual Rights

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

  3. Overview • Want same rights as heterosexuals- want right to marry

  4. 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

  5. Overview • 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

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

  7. 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

  8. 1978- shooting death of San Francisco official Harvey Milk, openly gay man elected to office in a large city • Killer received 5 year sentence

  9. AIDS • 1981- small group of gay men in San Francisco started getting sick and dying • Identified it as Human Immunodeficiency Virus (HIV) • Virus destroys body’s immune system

  10. AIDS • Spread through exchange of bodily fluid • 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

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

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

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

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

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

  16. 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

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

  18. 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

  19. 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.”

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

  21. Partner and benefits • 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

  22. Partner and benefits • 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

  23. Partner and benefits • 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

  24. Partner and benefits • 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

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

  26. 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

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

  28. 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

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