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Gay Rights, or Lack Thereof

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Gay Rights, or Lack Thereof
The Declaration of Independence states that; we hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights. These words were written over two-hundred years ago, and even then, the people believed in the importance of equality. History shows the discrimination of African-Americans and how our country has evolved regarding racism, but now there is a form of discrimination that is becoming more prevalent. This form of discrimination is towards those of other sexual orientations, such as those who are gay, lesbian, or bisexual. Discrimination, under any circumstances, is morally wrong, and discrimination based on sexual orientation needs to be addressed. From a religious point of view, if God had thought homosexuality is a sin, he would not have created gay people. Even if people do not agree with gay rights, gays have civil rights.
America; the first thing that should come to mind is a nation of peace and equality, the land of the free and home of the brave. But it is not, right? We live in a nation of racism, sexism, and homophobia. Homosexuals get the worst of all the unfair treatment. Gays have been fighting for equal rights since the turn of the century, maybe even before then, and yet today in 2013, those pleas for rights go unheard. Banning an issue such as gay marriage does not make it go away. The American Constitution states that everyone deserves the same, equal rights that include gay people (James). So banning same-sex marriage is unconstitutional. Making this issue illegal is also a form of discrimination. Homophobes ridicule and abuse gay citizens, and gay teenagers are scared to go to school because of the excessive bullying and teasing, and gays are just being themselves (James).
What is the reason people get married for? Love is. Who is to judge someone based and whom they love? No one has the rights to do so. Gays have feelings too, and them getting married isn 't hurting anyone. Love has no gender! So stop saying that marriage is just a heterosexual advantage. People may not think about it, but gays have family values too. They have many strong family benefits that some straight marriages lack, such as being more open-minded and accepting. Gay couples have even been proven to have stronger emotional bonds than straight couples. And since two people of the same sex cannot reproduce on their own, child adoption rates would increase. Strong family benefits and strong emotional bonds are essential to long-lasting relationships and marriages.
Along with the degrading discrimination based on sexual orientation, comes the subjection of verbal abuse and other hate crimes. A gay and lesbian anti-violence report states that 75% of hate crimes are committed by people under the age of 30, and one in three are under the age of 18 (James). More than 80% of victims of violent hate crimes never report the incident, because many are afraid they will be “outed” (James). Such horrific discrimination and violence can often result in low self-esteems, and in some cases, even suicide. Young lesbians, gays, and bisexuals are at a quadruple risk for suicide than people of the same age that are straight. Anti-gay hate crime rates have risen dramatically; an incredible 172% in just the past decade (James). This tragedy has even become prevalent in families. One study showed that 26% of gay and lesbian teenagers who came out to their parents were kicked out of their homes, and 42% of homeless teens are gay, lesbian, or bisexual (James).
The Equal Protection Clause is part of the Fourteenth Amendment and states that the U.S. must apply the law equally and cannot give preference to one person or class of persons over another (Baude). Opponents of DOMA would say that they are being denied the right to marry and are not being treated equally (Baude). The Full Faith and Credit Clause say that all U.S. states must recognize legislative acts, public records, and judicial decisions of the other states within the United States. On the other hand, opponents argue that DOMA precisely contradicts the Full Faith and Credit Clause, and the Due Process Clause says that states may not deprive persons of life, liberty, or property without due process of law (Baude). DOMA opponents state that denying someone the right to marry is unconstitutional and wrong. In 1996, former president Bill Clinton passed Defense of Marriage Act (DOMA). The law defines marriage as a legal union between a man and a woman. It also reads that any of the 50 states do not need to recognize a marriage from another state, if it is between two people of the same gender (Baude). This voids any type of benefit gay and lesbian couples might have had in their marriage. From insurance coverage, child custody, and tax breaks, to medical decisions, and social security benefits just to name a few. Opponents of DOMA have questioned its constitutionality and argue that it violates three rights guaranteed by the Constitution: the Equal Protection Clause, the Full Faith and Credit Clause, and the Due Process Clause (Baude).
Unlike race, gender, age, ethnicity or religion, sexual orientation is not a protected characteristic under current federal civil rights law, but following the 1969 Stonewall riots of gays in Greenwich Village, a key goal of the gay and lesbian political movement has been to win civil rights protection against discrimination in employment, housing, and elsewhere (Baude). Too often, gay men and lesbians face hostility, discrimination and sometimes deadly violence -- solely because of their sexual orientation.
Discrimination via the government is to be expected, yet still unjust; but one source of discrimination is appalling. The gay and lesbian society is suffering discrimination from the churches in the country. The religious communities often believe that being gay is “morally wrong”, and refuse to allow gays in their churches and services. Catholicism and other religions that worship through the Bible often say, that in the Bible it says that gays will go to Hell. It is wrong to discriminate this way, because not everyone worships through the Bible. In the United States, there are many different beliefs, and ways of life, and people should not be discriminated against simply based on their sexual orientation, just because the Bible, the church, or other religious material that states that being gay is wrong or unnatural. Every human is given the right to his or her opinion and is given the freedom of expression, so long as to not impose upon others’ rights. Being gay, lesbian, or bisexual poses no threat against anyone else’s personal rights or freedoms. Another issue that is linked with anti-gay violence, discrimination, and hate crimes is the claim that people choose to be gay. With all of the facts presented about the seriousness of discrimination of gays in today’s society, why would anyone want to choose to be gay and therefore subject themselves to the tragedy of discrimination? Being gay is not a choice; 28% of teenagers who are gay are forced to drop out of school (Jones). The harassment from the other students, the fear of being “outed”, and the pressures to conform in society often becomes too much. Even 85% of teachers oppose and refuse to address these types of issues in their schools, or to integrate any type of lesbian, gay or bisexual theme into the curriculum or discussions (Jones).
A common misconception is that asking for Gay Rights laws is asking for special privileges towards the gay community. However, Gay Rights laws do not give the gay community any special privileges, but simply the same basic rights of equality that every straight person is given. The straight community has already been given these rights for centuries, but these rights have been taken away consistently from the gay community and it is time for a change to occur. All men are created equal, and should be given equal rights as a consequence.

Works Cited
American Psychological Association, "American Psychological Association Reiterates Support for Same-sex Marriage," www.apa.org, Aug. 11, 2010
Baude, William. "Beyond DOMA: choice of state law in federal statutes." Stanford Law Review June 2012: 1371
Boies, David. "Gay Marriage Is Protected by the US Constitution." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Gay Marriage and the Constitution: Why Ted Olson and I Are Working to Overturn California 's Proposition 8." Wall Street Journal 20 April 2013.
Gartrell, Nanette, MD, and Bos, Henry, PhD, "US National Longitudinal Lesbian Family Study: Psychological Adjustment of 17-Year-Old Adolescents," Pediatrics, April, 2013
Jones, Robert P. "The Millennial Generation Is More Accepting of Gay and Lesbian Rights." The Millennial Generation. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. Rpt. from "How the Millennial Generation Is Transforming the Politics of Gay and Lesbian Issues." WashingtonPost.com 6 April 2013.
Kellard, James. "Gay Marriage Should Be Legal." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Do We Have a Constitutional Right to Ban Gay Marriage?" 2013.
Nussbaum, Martha "A Right to Marry? Same-Sex Marriage and Constitutional Law," Dissent, Summer 2009. www.dissentmagazine.org.
Pawelski, James, MS, et al., "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children," Pediatrics, March 2013
"Same Sex Marriage, Civil Unions and Domestic Partnerships," www.ncsl.org, Apr. 2013

Cited: American Psychological Association, "American Psychological Association Reiterates Support for Same-sex Marriage," www.apa.org, Aug. 11, 2010 Baude, William. "Beyond DOMA: choice of state law in federal statutes." Stanford Law Review June 2012: 1371 Boies, David. "Gay Marriage Is Protected by the US Constitution." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Gay Marriage and the Constitution: Why Ted Olson and I Are Working to Overturn California 's Proposition 8." Wall Street Journal 20 April 2013. Gartrell, Nanette, MD, and Bos, Henry, PhD, "US National Longitudinal Lesbian Family Study: Psychological Adjustment of 17-Year-Old Adolescents," Pediatrics, April, 2013 Jones, Robert P. "The Millennial Generation Is More Accepting of Gay and Lesbian Rights." The Millennial Generation. Ed. David Haugen and Susan Musser. Detroit: Greenhaven Press, 2013. Rpt. from "How the Millennial Generation Is Transforming the Politics of Gay and Lesbian Issues." WashingtonPost.com 6 April 2013. Kellard, James. "Gay Marriage Should Be Legal." Gay Marriage. Ed. Debra A. Miller. Detroit: Greenhaven Press, 2012. At Issue. Rpt. from "Do We Have a Constitutional Right to Ban Gay Marriage?" 2013. Nussbaum, Martha "A Right to Marry? Same-Sex Marriage and Constitutional Law," Dissent, Summer 2009. www.dissentmagazine.org. Pawelski, James, MS, et al., "The Effects of Marriage, Civil Union, and Domestic Partnership Laws on the Health and Well-being of Children," Pediatrics, March 2013 "Same Sex Marriage, Civil Unions and Domestic Partnerships," www.ncsl.org, Apr. 2013

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