Sexuality in America is typically looked at through the lens of religion. We take the definition that religious institutions give us and run with it to create public policy that is often discriminatory against the Lesbian, Gay, Bisexual and Transgender (LGBT) community.
Religion, be it Catholicism, Judaism, Islam, etc. recognizes marriage as existing only between a man and a woman. This definition of marriage has fostered the discrimination of anyone seeking a relationship contradictory to it. Rather than focus on the discrimination that has taken place in America, this article will focus on the fight against that discrimination.
In 1962, Illinois became the first state to decriminalize private consensual homosexual acts between adults. This was a huge step for the gay rights movement in the United States. This was the first time that a government removed its role in the private love lives of its citizens.
In this case, government aligned with Institution of religion to discriminate against a group that disagreed with their perceptions of interpersonal relationships. Eliminating this in Illinois was the first time that government said that religion ought not have an influence in the interpersonal relationships among individuals.
In 1973 another discriminatory designation was lifted when the American Psychiatric Association removed homosexuality from its list of mental disorders. Classifying homosexuality as a disease perpetuates isolation among the LGBT community. Homosexuality was portrayed as something to be feared by one of the most respected medical institutions in America. This contributed to the stigma that homosexuals dealt with on a daily basis. However, instead of creating policy to ease the restrictions on homosexuals, as ought to happen with any “disabled group.” this designation only furthered the hate and discrimination toward homosexuals.
In 1981 the first cases of AIDS in gay men were reported. The international community pinned homosexuality as the scapegoat for one of the worst diseases known to mankind. Hatred is often based on fear; in this case the fear was that a rise in homosexuality would mean a rise in AIDS. Therefore, any legislative action taken against homosexuals would be seen as legitimate. The discovery of homosexuals with AIDS was a huge hit to the gay rights movement in the United States.
In 1982, Wisconsin became the first state legislature to outlaw discrimination on the basis of sexual orientation. This was huge for the gay rights movement because it was a symbol of progression. Government plays an important role in intervening when one group of people is being discriminated against. It can also play an important role in changing the minds of people regarding their discrimination.
In 1993, the “Don’t Ask, Don’t Tell” policy was instituted in the U.S. military. This allowed homosexuals to remain in the military; however, it barred the disclosure of sexual preference as well as banned any homosexual activity. This policy also caused a lot of homosexual men and women to leave the military. This was symbolic because there was a belief that homosexuals were less capable of serving their country than were heterosexuals. This remained consistent with the belief that homosexuals were sub-human and therefore did not deserve the same rights that were afforded to their heterosexual counterparts.
In 2000, Vermont became the first state to legally recognize civil unions between gay and lesbian couples. This is important because it is a legal symbol of progression for homosexuals. However, it still failed to address the root of the problem. Many American citizens were fine with homosexuals being together, but they felt that the institution of marriage was sacrosanct and ought to be left only for heterosexual couples. Homosexual couples were still treated as less than equal citizens under the law, but this was an improvement from their current status.
In 2004, same-sex marriage became legal in Massachusetts. This was the first time that homosexuals were given the right to marry. The law creating a classification between heterosexuals and homosexuals was adapted and fixed to make them equal. This set the stage for the rest of the country.
The majority of Americans believe same-sex couples ought to have the right to marry and even a bigger majority of America’s youth believes the same. Finally, in 2015, the Supreme Court ruled in Obergefell v. Hodges that all states must recognize the marriage of same-sex couples and must also allow same-sex couples to marry within their state.
In this case, the morality came before the law did. Implementation of the laws will be made easier because of this. The progression of gay rights in America, although not always consistent from year to year, is just one of many examples in which a marginalized group has fought to overcome hatred, discrimination and unequal protection under the law to achieve their goal of equality.
