2000-Present

Recent events in the LGBTQ+ movement

The LGBTQ+ movement has been progressing quickly in the 21st century. This section details recent changes in legislation, persecution, and protests that effects members of the LGBTQ+ community.

"Dublin LGBTQ Pride Festival 2012" by William Murphy courtesy of Creative Commons Attribution-ShareAlike 2.0 Generic

Recent Legislation

During the 21st Century, there have been major changes in the legislation affecting the LGBTQ+ community. New legislation passed has been in response to the constitutionality of the Defense of Marriage Act, and recent bills have improved the legal rights of same-sex couples.

Edith Windsor and Secretary Jewell courtesy of Wikipedia CC BY-SA 2.0

United States vs. Windsor secures legal rights to same-sex couples

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The case of the United States versus Windsor was a huge step forward in the LGBTQ+ movement towards equal rights for same-sex couples. In 2010, Edith Windsor filed suit in district court claiming the defense of marriage act to be unconstitutional. Edith had been taxed $363,000 by the federal government because of an estate that had been left to her by her late wife, Thea Spyer. Thea and Edith were legally married in Canada at the time of Thea’s death, so Ms. Windsor wanted estate tax exemption for surviving spouses [1]. However, because Thea and Edith's marriage was not recognized by the United States due to Section 3 of the Defense of Marriage act, the taxes were not withheld. The outcome of United States v. Windsor case ultimately repealed Section 3 of the Defense of Marriage Act and allowed same-sex couples to be recognized as spouse in the United States. The repeal of the Defense of Marriage Act marks a critical step in the acquisition of freedoms to the LGBTQ+ community as they gain economic freedoms as they are now recognized as spouses by the United States government.

Obergefell v. Hodges stimulates the creation of the Equal Protection Clause

Obergefell versus Hodges ultimately called into question whether the state was required to license same-sex marriages in alignment with the fourteenth amendment. The fourteenth amendment states that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United states; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” [2]. States such as Ohio, Michigan, Kentucky, and Tennessee had bans on same-sex marriage. During this case, individuals sued their state specifically for not upholding the Equal Protection and Due Process clauses of the fourteenth amendment. The plaintiffs ultimately won their cases in January of 2015, and now the Equal Protection Clause of the fourteenth amendment guarantees the right of same-sex couples to marry. The court ruled that denial of this right would be a violation of equal protection under the law.

Demonstration in favour of same sex marriage about Obergefell v. Hodges in front of SCOTUS courtesy of Wikipedia Creative Commons Attribution 2.0 Generic license

Persecution of the LGBTQ+ Community

Through discrimination and physical violence, the LGBTQ+ community is still faces heavy persecution today. This occurs around the world including the United States and limits LGBTQ+ access to freedoms taken for granted by the rest of the population.

Demonstration at Place des Nations against Chechen persecution of LGBT people courtesy of Wikipedia Creative Commons Attribution-Share Alike 2.0 France

Discrimination against

lgbtq+: transgender military ban

Donald Trump tweet 2017-07-26 courtesy of Wikipedia Creative Commons Attribution-ShareAlike License

Despite how far the LGBTQ+ community has come, they still lack freedoms given to the rest of America due to their sexuality or gender. In July of 2017, President Trump placed a ban on transgender service in the military [3]. In a tweet he sent to disclose the ban, he said that the United States Military could not afford the “tremendous medical costs and disruption” of transgender service members. While it is hard to say exactly the number of individuals this affects, a 2016 RAND Corporation study commissioned by the Pentagon estimates 2,450 transgender individuals in the active component and 1,510 in the Selected Reserve [4]. When thinking of the 1.3 million who serve in the United States Military, transgender soldiers only represent a small fraction of the whole. The same RAND Corporation study calculated the healthcare cost of transgender service to be "$8.4 million annually, representing a 0.04- to 0.13-percent increase in active-component health care expenditures" [4]. America decided that they would rather leave roughly 4,000 people unemployed rather than expand Military health care expenditures by ~0.04%. This attitude towards transgender people, and by extent members of the LGBTQ+ community as a whole being not worth the extra effort despite the good they may be bringing to the table is just one example of the many ways that members of the LGBTQ+ community face discrimination today.

Violent acts against LGBTq+ community

Much greater than the fear of non-acceptance is the reality of violences inflicted upon members of the LGBTQ+ community many places in the world. In Chechnya, homosexuality is a taboo meriting imprisonment, beatings, and sometimes death. The Human Rights Watch reported numerous reports of attacks and kidnappings by security services. Victims that escape return to their family’s barely alive from physical abuse. These reports are thrown aside by Chechen authorities, who claim that there cannot be an anti-gay movement in there because “such men [homosexuals] do not exist in Chechnya”[5].

Similar persecution of LGBTQ+ members exists in the Eastern Caribbean Islands. Many people acknowledge the church as providing social welfare, ethics, and communal morals, and thus feel that homosexuality threatens the balance of their way of life. People report harassment for even being suspected to be homosexual. Peter Dominica reported that “every day I fear for my safety living in this country because of my sexual orientation. I am alive but if anyone ever find out and wanted to find out, they can kill me … I am an easy target for anything” [6].

These issues seem far away and foreign to American culture. However, persecution of the LGBTQ+ community still very much exists in the United States, and often accompanied by violence. On June 12th, 2016, tragedy struck Orlando as 49 innocent lives were taken and 53 people were wounded by a gunman at a gay night bar. President Obama called this “an act of terror and an act of hate” and noted that this was “an especially heartbreaking day for our friends whoa lesbian, gay, bisexual, or transgender” [7]. Even in modern day America, members of the LGBTQ+ are not free from fear of violence, let alone social discrimination. So, while vast steps have been taken in the US to improve the lives of LGBTQ+ members, there is still a way to go to ensure life, liberty, and happiness for all American citizens.

Vigil in support of the victims of the 2016 Orlando nightclub shooting, Washington D.C. courtesy of Wikipedia Creative Commons Attribution-ShareAlike 2.0 Generic

Improving LGBTQ+ Rights Globally

"Dublin LGBTQ Pride 2012" by William Murphy courtesy of Creative Commons Attribution-ShareAlike 2.0 Generic

There are many factors that intersect which determine one’s life experience. The discrimination felt by a white gay man in America is completely different than that of a black lesbian woman. Similarly, the experience of a transgender man in Chechnya is different than that of someone in other parts of the world. Because of this, the way that the LGBTQ+ rights movements have taken shape around the world also very significantly. In America, the fight for LGBTQ+ equality has come out of tragedy. There has been a sharp increase in awareness after the Orlando shooting on June 12th, 2016. David Miller, a doctoral student in Psychology and a member of the LGBTQ+ community, says that “one positive outcome of this tragedy is a sharp, rude awakening that the fight for full LGBTQ+ equality is far from over. Even members of the LGTBQ+ community… can sometimes forget and become complacent about this reality”[8]. To avoid complacency, studies have shown that asking voters’ personal questions about times they were judged for their differences decreases prejudice

answers received when later asked on their views of LGBTQ+ rights. This method of engaging in conversation on other’s perspectives is considered a “powerful antidote to hatred and ignorance” [8]. This study is indicative of what David Miller believes to the current best way to temper varying views on LGBTQ+ rights and fight for equality. He believes that spreading awareness will lead to changing legislation, which will grow to protect LGBTQ+ rights and insure a brighter future for members of this community.

References

[1]“United States v. Windsor.” Oyez, 25 Mar. 2018, www.oyez.org/cases/2012/12.307.

[2] “Obergefell v. Hodges.” Oyez, 25 March 2018. <https://www.oyez.org/cases/2014/14-556>.

[3] Hirschfeld Davis, Julie and Cooper, Helene. "Trump Says Transgendered People Will Not Be Allowed in the Military." The New York Times, The New York Times, 26 July 2017, <https://www.nytimes.com/2017/07/26/us/politics/trump-transgender-military.html>. Accessed 2 May 2018.

[4] Schaefer, A. et al. "Assessing the Implications of Allowing Transgendered Personnel to Serve Openly." RAND Cooperation, 2016. <https://www.rand.org/pubs/research_reports/RR1530.html>. Accessed 2 May 2018.

[5]Kramer, Andrew E. “'They Starve You. They Shock You': Inside the Anti-Gay Pogrom in Chechnya.” The New York Times, The New York Times, 21 Apr. 2017, <www.nytimes.com/2017/04/21/world /europe/chechnya-russia-attacks-gays.html>. Accessed 25 March 2018.

[6]“I Have to Leave to Be Me’ Discriminatory Laws against LGBT People in the Eastern Caribbean.”Human Rights Watch. 21 March 2018. <www.hrw.org/report/2018/03/21/i-have-leave-be-me/discriminatory-laws-against-lgbt-people-eastern-caribbean.> Accessed 25 March 2018.
Recently published article providing current information on the persecution of the LGBT

[7] Ellis, Ralph, Ashley Fantz, Faith Karimi, and Elliot C. McLaughlin. "Orlando shooting: 49 killed, shooter pledged ISIS allegiance." CNN, 13 June 2016, https://www.cnn.com/2016/06/12/us/orlando-nightclub-shooting/index.html. Accessed 24 Apr. 2018.

[8] Miller, David. “LGBT equality doesn’t exist- but here’s how to fight for it.” The Conversation US, Inc. 15 June 2016, <https://theconversation.com/lgbt-equality-doesnt-exist-but-heres-how-to-fight- for-it-60977>. Accessed 25 March 2018.