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Discrimination and Hate Crimes in the LGBT Community
Equal rights for LGBT
Discrimination and Hate Crimes in the LGBT Community
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lesbians were free to meet without the fear of being persecuted, where even though Stonewall was a, “Mafia-owned bar run by a corrupt career criminal [it proved to be] a magnet and relatively safe haven for lesbian, gay, bisexual and transgender folks looking for a place to meet, drink, dance, “ (Goldstein). In the legal history of the United States the Supreme Courts negligence of applying the Equal Protection Clause onto cases in which homosexual’s fundamental rights have been violated. Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution, that took effect in 1868. It states that no state “shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any …show more content…
Hardwick, the Supreme Court ruled in a 5-4 decision that the U.S Constitution does not prohibit states from classifying homosexual sex as illegal act was valid because there was no constitutionally protected right to engage in homosexual sex, where was instigated that the Constitution does not protect the right of homosexual adults to engage in private or consensual sodomy. The defense argued the case of the fundamental right to privacy which was protected by the Constitution's Due Process Clause. While the right to privacy protects intimate aspects of marriage, procreation, contraception, family relationships, and child rearing from state interference, it does not protect gay sodomy because there was, "no connection between family, marriage, or procreation on the one hand and homosexual activity on the other has been demonstrated,” (Bowers, Attorney General of Georgia v. Hardwick et al). It took the court thirty years to abolish the criminalization for private sexual intercourse between adult homosexuals, in a recent survey conducted in Ventura County was reported that 38.6% of the population disagree that homosexuals should not have a right to marry, where 42.9% of those who disagreed were men. (Refer Chart 1). When comparing whether or not people support the legalization of same-sex marriage based on political affiliation, the gap between the Democratic Party and the Republican Party is quite large, where the Pew Research Center reported that 63%
Legal Case Brief: Bland v. Roberts (4th Cir. 2013). Olivia Johnson JOUR/SPCH 3060 April 1, 2014. Bland v. Roberts, No. 12-1671, Order & Opinion (4th Cir., Sept. 18, 2013), available at:http://www.ca4.uscourts.gov/Opinions/Published/121671.pdf (last visited Apr. 4, 2014). Nature of the Case: First Amendment lawsuit on appeal from the U.S. District Court for the Eastern District of Virginia, at Newport News, seeking compensation for lost front/back pay or reinstatement of former positions. Facts: Sheriff B.J. Roberts ran for reelection against opponent, Jim Adams, in 2009.
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
Different countries have been known to deal with crime in different ways, some believe that we (Americans) should deal with criminals in a more serious and physical manner. In the article “Rough Justice A Caning in Singapore Stirs Up a Fierce Debate About Crime and Punishment” by Alejandro Reyes, it talks about how we should have more severe and physical punishment inside and outside of the U.S. After a teenage boy vandalizes a car in singapore. While in the editorial “Time to Assert American Values,” the writer attempts to persuade us and into thinking that the teenage boy, Michael Fey should not have been caned after vandalizing a car. After carefully analyzing the two texts, the reader realizes that the article “Rough Justice” has the
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
Rough draft segregation was a terribly unfair law that lasted about a hundred years in the United States. A group of high school students who struggled for better educational conditions were a big factor in ending segregation in the United States. Even though going on strike for better conditions may have negative impacts, African Americans were not treated equally in education because of segregation and the Jim Crow laws were so unfair and the black schools were in terrible condition compared to the whites’. In 1896 the Plessy v. Ferguson case made the segregation of blacks and whites legal; and the Supreme Court made the Jim Crow laws legal, saying that blacks are “separate but equal.” African Americans knew that was unfair and could especially see it in the schools.
Federal laws and regulations contain many loopholes, are inconsistently interpreted and may be repealed outright (NOW 1). Many supporters claim the Equal Rights Amendment is needed "to clarify law for the lower courts, whose decisions still reflect confusion and inconsistency about how to deal with sex discrimination claims (Francis 2). There is a supporting theory argument that "an amendment to equality would absolutely shift the burden away from those fighting discrimination and place it where it belongs, on those that deserve it.... ... middle of paper ... ...
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
“The Civil Rights Act of 1866 defined all persons born in the United States as citizens and listed certain rights of all citizens, including the right to testify in court, own property, make contracts, bring lawsuits, and enjoy full and equal benefit of all laws and proceedings for the security of person and property” (Berkin, Cherny, Gormly, Miller, 2013, 430). To forever protect the freed people’s rights as citizens the Fourteenth Amendment was created. The Fourteenth Amendment was still flawed. Woman’s rights supporters Elizabeth Cady Stanton and Susan B. Anthony “complained that the amendment, for the first time, introduced the word male into the constitution in connection with voting and rights” (Berkin, Cherny, Gormly, Miller, 2013, 431). After much Congressional debate in February 1869 Congress approved the Fifteenth Amendment. It “prohibited both federal and state governments from restricting a person’s right to vote because of race, color, or previous condition of servitude” (Berkin, Cherny, Gormly, Miller, 2013, 435). Stanton and Anthony were against this amendment too because it “ignored restrictions based on sex” (Berkin, Cherny, Gormly, Miller, 2013, 435). The amendment still didn’t lessen the
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
...protest movements throughout America and the world.” Among the gay community Stonewall has become the word for freedom, for fighting, for equality. It became a turning point in Gay history, so much so that most books on the subject refer to “pre-Stonewall” and “post-Stonewall” as the lines of demarcation. Of course the journey is still long and fight has not been won. At the turn of the century there were still 20 states that made homosexual sex illegal , any only a few states would recognize the love and companionship of gays through marriage or civil unions. The military policy of Don’t Ask, Don’t Tell is still active and prejudices continue to exist. But, as exemplified by any other civil rights movement, it is through the constant grind of activists and lay-people constantly protesting and educating, that change occurs, even if only one person at a time.
The Stonewall rebellion has been considered the birth of a new wave of a liberation movement that changed the world for millions of lesbians, gay men, drag queens, and drag kings of all races, ethnicities, and ages. Yet, it was certainly not the first raid nor the first moment of protest for homosexuals. The raid at Stonewall was preceded by decades of police harassment of gay establishments. The first recorded raid of a gay bathhouse was in 1903, at the Ariston Hotel Baths at 55th and Broadway in New York where 26 men were arrested. Seven of them received sentences ranging from four to 20 years in prison (Chauncey, 1994). Countless raids, arrests, and imprisonments occurred in the decades that followed.
The history of the gay rights movement goes as far back as the late 19th century. More accurately, the quest by gays to search out others like themselves and foster a feeling of identity has been around since then. It is an innovative movement that seeks to change existing norms and gain acceptance within our culture. By 1915, one gay person said that the gay world was a "community, distinctly organized" (Milestones 1991), but kept mostly out of view because of social hostility. According to the Milestones article, after World War II, around 1940, many cities saw their first gay bars open as many homosexuals began to start a networking system. However, their newfound visibility only backfired on them, as in the 1950's president Eisenhower banned gays from holding federal jobs and many state institutions did the same. The lead taken by the federal government encouraged local police forces to harass gay citizens. "Vice officers regularly raided gay bars, sometimes arresting dozens of men and women on a single night" (Milestones). In spite of the adversity, out of the 1950s also came the first organized groups of gays, including leaders. The movement was small at first, but grew exponentially in short periods of time. Spurred on by the civil rights movement in the 1960s, the "homophile" (Milestones) movement took on more visibility, picketing government agencies and discriminatory policies. By 1969, around 50 gay organizations existed in the United States. The most crucial moment in blowing the gay rights movement wide open was on the evening of July 27, 1969, when a group of police raided a gay bar in New York City. This act prompted three days of rioting in the area called the Stonewall Rio...
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.