The lesbian and gay liberation movements of the early 1970s did not make marriage a priority — quite the opposite. Activists fought police raids, job discrimination and families’ rejection of their queer children. Most radical activists scorned the very idea of marriage. But a handful walked into clerks’ offices across the country to request marriage licenses. State officials suddenly realized that their laws failed to limit marriage to a man and a woman; no other arrangement had been imagined. By 1978, 15 states had written this limitation into law.
A “traditional family values” movement arose to oppose gay rights and feminism. Anita Bryant and other activists took aim at some of the earliest local anti-discrimination laws, and by 1979 they had persuaded voters in several cities to repeal them. In some 140 local and state referendums, gay-rights activists were forced to defend their fledgling protections. This, not marriage, consumed their energies.
It was the 1980s that changed things. The AIDS epidemic and what came to be known as the “lesbian baby boom” compelled even those couples whose friends and family fully embraced them to deal with powerful institutions — family and probate courts, hospitals, adoption agencies and funeral homes — that refused to recognize their relationships at all.
The gay partner of someone with AIDS confronted hospitals that could deny him visitation privileges, not to mention consultation over treatment. He couldn’t use his health insurance to cover his partner. He risked losing his home after his partner’s death if his name wasn’t on the lease or if he couldn’t pay inheritance taxes on his partner’s share of it (which would not have been required of a surviving spouse).
Tag: "gay and lesbian rights"
Finally, the active Big 4 sports professional athlete barrier is broken, as Wizards center Jason Collins comes out as gay. Let’s hope it’s the first of many. It’d be nice if by, say, 2018 this wasn’t even notable anymore.
[SEK] How long will it take for a conservative to claim that teams that don’t offer him a contract or cut him after 10 days will be attacked by the ACLU? Also, I was secretly hoping it’d be LeBron. That way anyone who refused to play with him would be forced into acknowledging that they really don’t play to win because Jesus loves them more. (And Jesus would rather you lose than accept or love someone who’s different, because that’s the sort of hate Jesus was all about.)
The Rhode Island Senate has passed a marriage equality bill by a 26-12 vote. Governor Lincoln Chaffee has already come out in support of it. After a long battle played out within the bizarre entity known as the Democratic Party (all 12 no votes were from Democrats), the pressure became too much for Senate Majority Leader Teresa Paiva Weed to resist.
A fine day in the Ocean State!!
If you haven’t read Cleveland Browns linebacker Scott Fujita’s Times editorial in support of gay marriage, do so. It’s another of the growing examples of professional athletes pushing back against the homophobia that marks American sports culture. This kind of leadership does a lot to open doors for gay athletes.
On March 4, 1998, the U.S. Supreme Court ruled for the plaintiff in Oncale v. Sundowner Offshore Services, deciding that Title VII of the Civil Rights Act of 1964 applied to same-sex sexual harassment, and creating a landmark expansion of judicial oversight into the workplace.
In 1991, Joseph Oncale got a job working as a roustabout on an oil rig for $7 an hour. Employed by Sundowner Offshore Services, Oncale was assigned to a Chevron USA rig in the Gulf of Mexico. While on board, Oncale was subjected to severe sexual harassment by his supervisor, John Lyons, and his fellow workers Danny Pippen and Brandon Johnson. Lyons placed his penis on Oncale’s neck and arm. On October 25, 1991, Lyons also publicly sodomized Oncale with a bar of soap in the rig showers as Pippen held him down. Lyons also threatened to rape him. Today, most of us would no doubt consider the soap incident rape, but throughout the case, there seems to have been a steady distinction between the two incidents.
Oncale stood up for himself through this entire process. He complained to his employer, who basically said he was gay (in fact, Oncale was heterosexual) and did nothing. Oncale quit, requesting that his pink slip state that he left because of sexual harassment and verbal abuse. In his deposition, Oncale said, ““I felt that if I didn’t leave my job, that I would be raped or forced to have sex.”
With support from the American Civil Liberties Union, Oncale then filed a suit against Sundowner in the U.S. District Court for the Eastern District of Louisiana, saying his rights were violated under Title VII of the Civil Rights Act of 1964. But there was no precedent to applying Title VII to same-sex harassment. Title VII forbids discrimination on the basis of race, color, religion, sex, or national origin by all employers with more than fifteen employees (indeed, if your workplace has less than 15 employees, Title VII does not apply. I don’t know anything about the history of this. If anyone does, let me know). Title VII does not explicitly cover same-sex issues, as one would expect in 1964. The District Court ruled in favor of Sundowner. Oncale then appealed to the Fifth Circuit Court of Appeals, which also ruled for the defendant.
The Supreme Court overruled the Fifth Circuit with unanimity based on a previous decision that held Title VII “evinces a congressional intent to strike at the entire spectrum of disparate treatment of men and women in employment.” It decided that Title VII’s protections against workplace harassment applied to same-sex relationships, even if those relationships were not explicitly sexual. Sundowner argued that applying Title VII to this case would create government interference into the workplace in an unprecedented manner that would serve “as a general civility code for the American workplace.” Justice Antonin Scalia, writing the opinion, rejected this, drawing a limited application to the decision: “the prohibition of harassment on the basis of sex requires neither asexuality nor androgyny in the workplace; it forbids only behavior so objectively offensive as to alter the ‘conditions’ of the victim’s employment.”
Not only did Oncale set a precedent for same-sex sexual harassment, but it also expanded the legal definition of sexual harassment to include something broader than sexual desire, so long as it makes a worker uncomfortable on the job. The implications of this did not make many commenters comfortable. Here’s a Jeffrey Rosen piece from The New Republic expressing his concern that the courts were equating sexual expression at the workplace with sexual harassment and urging the Court to stay out regulating workplace behavior. I’m guessing Rosen now really wishes he hadn’t written that. Reading Rosen’s piece sixteen years later shows how long the road has been in the fight against sexual harassment in the workplace. The late 20th century workplace was a space where power was used for sexual advantage and intimidation. Many men thought of making sexual advances on women almost as a right. Today, we slightly laugh about that while we watch the ridiculously lewd office behavior in Mad Men, but of course those sorts of things happened in any number of ways in any number of workplace settings. Creating and enforcing protections for women was controversial and contested in the 1990s. Extending such protections for men at a time when the anti-gay movement was as its peak seemed even more unlikely.
This is the 53rd post in this series. The series is archived here.
I can see why Republicans are trying to rig the 2016 elections. Their politicians are utterly hopeless in appealing to the mainstream of this nation. A couple of fresh examples from today’s news.
Here’s James Lankford, Republican congressman from Oklahoma and #5 in the House leadership.
SALLY: I want to know if you’re aware of the Substances and Mental Health Services Administration that has a book called the Provider’s Introduction to Substance Abuse Treatment for Lesbian, Bisexual, Gay and Transgender Individuals.
SALLY: They are going around the nation, they just did this here in Oklahoma, December 7th, and having conferences that are educational…. About 2 percent of the conference is dealing with substance abuse and mental health issues. 98 percent is doing indoctrination or pushing the homosexual agenda. This is what our president is doing. He has a federal agency doing it. Our state, the Oklahoma Mental Health and Substance Abuse Department, put this conference on and is indoctrinating our citizens who are totally against this. Is there any way you can look into this?
LANKFORD: Oh yes, sure. You know I can absolutely get a chance to take a look at it. We’ll start the process, try to see what we can do to identify it. Some of those things you have the power of humiliation where you can raise it and put in sunlight. They love functioning in the dark. You put some sunlight on it, that does help. But, we’ll see. I’m glad to take that on.
The Power of Humiliation. I think we have the 2016 Republican presidential campaign slogan already picked out.
And then there’s the state-level insanity. Let’s go to my former home of New Mexico. State Rep. Cathrynn Brown has introduced a bill that would criminalize abortion in cases of rape. Why? Tampering with evidence.
Yes, you read that right.
Criminalizing abortion in the case of rape because of evidence tampering.
“Tampering with evidence shall include procuring or facilitating an abortion, or compelling or coercing another to obtain an abortion, of a fetus that is the result of criminal sexual penetration or incest with the intent to destroy evidence of the crime,” the bill says.
Of course, we all know that legitimate rape means you don’t get pregnant. So these sluts deserve it. Or something. Anyway, doesn’t the election rigging make so much more sense now?
“We, the people, declare today that the most evident of truths – that all of us are created equal – is the star that guides us still; just as it guided our forebears through Seneca Falls, and Selma, and Stonewall; just as it guided all those men and women, sung and unsung, who left footprints along this great Mall, to hear a preacher say that we cannot walk alone; to hear a King proclaim that our individual freedom is inextricably bound to the freedom of every soul on Earth,” Obama said.
Democrats in Virginia are accusing state Republicans of taking advantage of a prominent civil rights leader’s trip to Washington for the presidential inauguration to pull a “dirty trick” in order to take control of the state Senate in the 2015 elections.
The state Senate is split 20-20 between Republicans and Democrats. On Monday, while state Sen. Henry Marsh (D) — a 79-year-old civil rights veteran — was reportedly in Washington to attend President Obama’s second inaugural, GOP senators forced through a mid-term redistricting plan that Democrats say will make it easier for Republicans to gain a majority.
Politically, the move coud derail McDonnell’s ambitious agenda for his last year in office ahead of a rumored run for higher office. Optics-wise, the state Senate GOP’s move could reverberate far beyond the Commonwealth: after using the absence of civil rights leader Marsh to push through the legislative changes, the Senate adjourned in honor of a well-known Confederate general.
“On motion of Senator Stosch, the Senate adjourned in memory or [sic] General Thomas J. ‘Stonewall’ Jackson at 4:10 p.m. to convene Tuesday, January 22, 2013,” read the official minutes of the legislative day.
According to the progressive blog Blue Virginia, Deeds also took to the state Senate floor to speak about Jackson after the new district lines were approved.
The Presidential Inauguration Committee announced Tuesday that the President Obama has selected Pastor Louie Giglio of the Georgia-based Passion City Church to deliver the benediction for his second inauguration. In a mid-1990s sermon identified as Giglio’s, available online on a Christian training website, he preached rabidly anti-LGBT views. The 54-minute sermon, entitled “In Search of a Standard – Christian Response to Homosexuality,” advocates for dangerous “ex-gay” therapy for gay and lesbian people, references a biblical passage often interpreted to require gay people be executed, and impels Christians to “firmly respond to the aggressive agenda” and prevent the “homosexual lifestyle” from becoming accepted in society. Below are some of the most disturbing views in the sermon.
First, it’d be nice to have one of these sermons be by a non-Christian. Everyone who would be outraged by that didn’t vote for Obama anyway. Second, is it really that hard to find a minister to give a sermon who isn’t a gay-basher? First Rick Warren and now this guy. How about a nice Unitarian? Or a progressive-minded Lutheran? Or just someone who is nice and non-controversial on the matter?
Rhode Island and Oregon are two of the most reliable states for Democrats each election cycle. If anything, Rhode Island is even more a sure thing than Oregon. But the reality of public policy in the two states shows some pretty large differences. Admittedly, the following is anecdotal, but it also provides more evidence for my thoughts after a lifetime of following Oregon and the last 18 months in Rhode Island.
Rhode Island is the last state in New England to have no form of marriage equality. A bill will be proposed in the next legislative section. Hopefully it passes. I suspect it will be pretty close, despite gigantic Democratic majorities in the legislature. One big reason why is the influence of the Catholic Church over public policy in the state. So when the Bishop of Providence rails against same-sex marriage in offensive ways that deny that gays and lesbians actually exist, it actually matters. Although I probably shouldn’t overstate his influence, it’s arguably a greater influence over state policy than any other bishop in the country.
The word hero is used way too often in our society for any number of reasons. But actual heroes exist. One of them was the AIDS activist Spencer Cox, who died this week at the age of 44. He helped save thousands of lives through his actions, even if he couldn’t conquer his own demons in the end. Such is the way of life.
I assume that conservatives’ spirited defense of free speech in fighting the California law banning the use of gay conversion therapies for minors means that they will provide equally full-throated arguments in favor of other sorts of speech that would expose children to ideas about sexuality that could potentially damage them, such as the display of pornography in convenience stores next to schools.
The idea that Latinos are like a ripe mango ready for Republicans to pick (no doubt they would hire people to pick those mangoes–Republicans don’t pick fruit) as soon as the party stopped being the open party of white supremacy was always a stereotype. The argument is that these Latinos are socially conservative Catholics who agree with Republicans on social issues. Well some do, some don’t. But that’s too much complexity for most people. The reality is that Latinos are changing like the rest of the country on social issues like gay marriage:
For the first time since the Pew Hispanic Center began asking the question in its National Survey of Latinos, more Hispanics favor allowing gays and lesbians to marry legally than oppose same-sex marriage, by 52 percent to 34 percent. As recently as 2006, those figures were reversed, with 56 percent of Latinos opposing same-sex marriage while 31 percent supported it.
Despite increased activism against same-sex marriage by some U.S. Roman Catholic bishops this election season, Latino Catholics are more supportive of same-sex marriage than Latino evangelical Protestants, the Pew survey found, by 54 percent compared with 25 percent. Latinos who are religiously unaffiliated favor same-sex marriage by 71 percent.