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Addressing the issues and inequalities faced by the lgbt community within the criminal justice syste

Understand the behavioral, psychological, and health effects of bullying and other mistreatment of the LGBT community. Evaluate the arguments for and against same-sex marriage. Provide three examples of heterosexual privilege. Until just a decade ago, individuals who engaged in consensual same-sex relations could be arrested in many states for violating so-called sodomy laws. The US Supreme Court, which had upheld such laws in 1986, finally outlawed them in 2003 in Lawrence v.

5.3 Inequality Based on Sexual Orientation

Texas, 539 US 558, by a 6—3 vote. The majority opinion of the court declared that individuals have a constitutional right under the Fourteenth Amendment to engage in consensual, private sexual activity. Texas ruling just a decade ago, individuals who engaged in consensual same-sex relations could be arrested in many states. Despite this landmark ruling, the LGBT community continues to experience many types of problems.

We examine manifestations of inequality based on sexual orientation in this section. Bullying and Violence The news story that began this chapter concerned the reported beatings of two gay men. Bullying and violence against adolescents and adults thought or known to be gay or lesbian constitute perhaps the most serious manifestation of inequality based on sexual orientation. An estimated 25 percent of gay men have been physically or sexually assaulted because of their sexual orientation Egan, 2010and some have been murdered.

Matthew Shepard was one of these victims. He was a student at the University of Wyoming in October 1998 when he was kidnapped by two young men who tortured him, tied him to a fence, and left him to die. When found almost a day later, he was in a coma, and he died a few days later. Gay teenagers and straight teenagers thought to be gay are very often the targets of taunting, bullying, physical assault, and other abuse in schools and elsewhere Denizet-Lewis, 2009.

The bullying, violence, and other mistreatment experienced by gay teens have significant educational and mental health effects. The most serious consequence is suicide, as a series of suicides by gay teens in fall 2010 reminded the nation.

During that period, three male teenagers in California, Indiana, and Texas killed themselves after reportedly being victims of antigay bullying, and a male college student also killed himself after his roommate broadcast a live video of the student making out with another male Talbot, 2010.

  1. Matthew Shepard was one of these victims.
  2. He was in a coma when he was found and died a few days later. Although the authors acknowledged that two parents are generally better for children than one parent, they concluded that the sexual orientation of the parents makes no difference overall.
  3. This means that even when same-sex couples legally marry because their state allows them to, they do not enjoy the various federal tax, inheritance, and other benefits that married couples enjoy. He was a student at the University of Wyoming in October 1998 when he was kidnapped by two young men who tortured him, tied him to a fence, and left him to die.
  4. Laws that criminalize same-sex conduct between consenting adults; Laws that criminalize transgender people on the basis of their gender expression; Other laws used to arrest, punish or discriminate against people on the basis of their sexual orientation, gender identity or gender expression. Understand the behavioral, psychological, and health effects of bullying and other mistreatment of the LGBT community.
  5. Same-sex couples cannot file joint federal tax returns or joint state tax returns in the states that do not recognize same-sex marriage , potentially costing each couple thousands of dollars every year in taxes they would not have to pay if they were able to file jointly.

In other effects, LGBT teens are much more likely than their straight peers to skip school; to do poorly in their studies; to drop out of school; and to experience depression, anxiety, and low self-esteem Mental Health America, 2011. Ironically, despite the bullying and other mistreatment that LBGT teens receive at school, they are much more likely to be disciplined for misconduct than straight students accused of similar misconduct.

This disparity is greater for girls than for boys. The reasons for the disparity remain unknown but may stem from unconscious bias against gays and lesbians by school officials.

This candlelight vigil honored the memory of Matthew Shepard, a gay college student, who was tortured, tied, to a fence, and left to die in Wyoming in 1998. He was in a addressing the issues and inequalities faced by the lgbt community within the criminal justice syste when he was found and died a few days later.

Elvert Barnes — 21. As the text discusses, this mistreatment affects their school performance and psychological well-being, and some even drop out of school as a result. We often think of the home as a haven from the realities of life, but the lives of many gay teens are often no better at home. If they come out disclose their sexual orientation to their parents, one or both parents often reject them.

Sometimes they kick their teen out of the home, and sometimes the teen leaves because the home environment has become intolerable. Regardless of the reason, a large number of LGBT teens become homeless. They may be living in the streets, but they may also be living with a friend, at a homeless shelter, or at some other venue. But the bottom line is that they are not living at home with a parent.

The actual number of homeless LGBT teens will probably never be known, but a study in Massachusetts of more than 6,300 high school students was the first to estimate the prevalence of their homelessness using a representative sample.

The study found that 25 percent of gay or lesbian teens and 15 percent of bisexual teens are homeless in the state, compared to only 3 percent of heterosexual teens. Fewer than 5 percent of the students in the study identified themselves as LGB, but they accounted for 19 percent of all the homeless students who were surveyed. Regardless of their sexual orientation, some homeless teens live with a parent or guardian, but the study found that homeless LGBT teens were more likely than their heterosexual counterparts to be living without a parent.

Being homeless adds to the problems that many LGBT teens already experience. Regardless of sexual orientation, homeless people of all ages are at greater risk for victimization by robbers and other offenders, hunger, substance abuse, and mental health problems. The study noted that LGBT teen homelessness may be higher in other states because attitudes about LGBT status are more favorable in Massachusetts than in many other states.

Because the study was administered to high school students, it may have undercounted LGBT teens, who are more likely to be absent from school.

  • Elvert Barnes — 21;
  • He was a student at the University of Wyoming in October 1998 when he was kidnapped by two young men who tortured him, tied him to a fence, and left him to die;
  • Notice that many of these costs are economic;
  • DADT protected members of the military from being asked about their sexual orientation, but it also stipulated that they would be discharged from the military if they made statements or engaged in behavior that indicated an LGBT orientation;
  • The moment we got married there was a switch, she was now one of us.

These methodological limitations should not obscure the central message of the study as summarized by one of its authors: These teens face enormous risks and all types of obstacles to succeeding in school and are in need of a great deal of assistance. Notice that this list does not include sexual orientation. Twenty-one states do prohibit employment discrimination based on sexual orientation, but that leaves twenty-nine states that do not prohibit such discrimination.

In addition, only fifteen states prohibit employment discrimination based on gender identity transgenderwhich leaves thirty-five states in which employers may practice such discrimination Human Rights Campaign, 2011.

The Employment Non-Discrimination Act ENDAwhich would prohibit job discrimination based on sexual orientation or gender identity, has been proposed in Congress but has not come close to passing.

In response to the absence of legal protection for LGBT employees, many companies have instituted their own policies. As of March 2011, 87 percent of the Fortune 500 companies, the largest 500 corporations in the United States, had policies prohibiting sexual orientation discrimination, and 46 percent had policies prohibiting gender identity discrimination Human Rights Campaign, 2011.

In the 2008 GSS, 27. Not surprisingly, more than one-third of LGB employees say they conceal their sexual orientation in their workplace. Transgender people appear to experience more employment problems than LGB people, as 78 percent of transgender respondents in one study reported some form of workplace harassment or discrimination.

Scholars have also conducted field experiments in which they send out resumes or job applicants to prospective employers. The resumes are identical except that some mention the applicant is LGB, while the others do not indicate sexual orientation. The job applicants similarly either say they are LGB or do not say this. The LGB resumes and applicants are less likely than their non-LGB counterparts to receive a positive response from prospective employers.

Compared to LGBT employees who do not experience these problems, they are more likely to have various mental health issues, to be less satisfied with their jobs, and to have more absences from work.

  • Because same-sex couples are not allowed to marry in most states and, even if they do marry, are currently denied federal recognition of their marriage, they suffer materially in numerous ways;
  • Evaluate the arguments for and against same-sex marriage;
  • Regardless of their sexual orientation, some homeless teens live with a parent or guardian, but the study found that homeless LGBT teens were more likely than their heterosexual counterparts to be living without a parent;
  • Same-Sex Marriage Same-sex marriage has been one of the most controversial social issues in recent years;
  • Laws criminalizing cross-dressing are used to arrest and punish transgender people.

Many opponents of same-sex marriage claim that children are better off if they are raised by both a mother and a father and that children of same-sex couples fare worse as a result. The ideal for children is the love of their own mom and dad. No same-sex couple can provide that. Perhaps the most notable published paper in this area appeared in the American Sociological Review, the preeminent sociology journal, in 2001. The authors, Judith Stacey and Timothy J. This time they reviewed almost three dozen studies published since 1990 that compared the children of same-sex couples most of them lesbian parents to those of heterosexual couples.

Although the authors acknowledged that two parents are generally better for children than one parent, they concluded that the sexual orientation of the parents makes no difference overall. As they summarized the body of research on this issue: Across the standard panoply of measures, studies find far more similarities than differences among children with lesbian and heterosexual parents, and the rare differences mainly favor the former. Same-Sex Marriage Same-sex marriage has been one of the most controversial social issues in recent years.

Nearly 650,000 same-sex couples live together in the United States Gates, 2012. Many of them would like to marry, but most are not permitted by law to marry. In May 2012, President Obama endorsed same-sex marriage.

The issue of same-sex marriage has aroused much controversy in recent years. As of June 2012, same-sex couples could marry in only seven states and the District of Columbia. We saw earlier that a narrow margin of Americans now favors the right of same-sex couples to marry, and that public opinion in favor of same-sex marriage has increased greatly in recent times. Nine other states permitted same-sex couples to form civil unions or domestic partnerships, which provide some or many of the various legal benefits that married spouses enjoy.

In the remaining thirty-five states, same-sex couples may not legally marry or form civil unions or domestic partnerships. The federal Defense of Marriage Act DOMApassed in 1996 and under legal dispute at the time of this writingprohibits federal recognition of same-sex marriage.

This means that even when same-sex couples legally marry because their state allows them to, they do not enjoy the various federal tax, inheritance, and other benefits that married couples enjoy. Most of the states that do not allow same-sex marriage also have laws that prohibit recognition of same-sex marriages performed in the states that allow them. Arguments against same-sex marriage. Opponents of same-sex marriage make at least three central points Emrich, 2009; National Organization for Marriage, 2011.

First, and in no particular order, marriage is intended to procreate the species, and same-sex couples cannot reproduce. Third, allowing gays and lesbians to marry would undermine the institution of marriage.

Arguments for same-sex marriage. First, many heterosexual couples are allowed to marry even though they will not have children, either because they are not able to have them, because they do not wish to have them, or because they are beyond childbearing age.

Press Statement

Second, studies show that children of same-sex couples are at least as psychologically healthy as the children of opposite-sex couples see Note 5. Third, there is no evidence that legalizing same-sex marriage has weakened the institution of marriage in the few states and other nations that have legalized it see Note 5.

Lessons from Other Societies Same-Sex Marriage in the Netherlands At the time of this writing, same-sex marriage was legal in ten nations: All these nations have legalized it since 2001, when the Netherlands became the first country to do so.

Because more than a decade has passed since this notable event, it is informative to examine how, if at all, legalization has affected the lives of gays and lesbians and the institution of marriage itself in the Netherlands. One thing is clear: There is no evidence that the institution of marriage in the Netherlands has in any respect become weaker because same-sex couples have been allowed to marry since 2001. Heterosexual couples continue to marry, and the institution appears at least as strong as it was before 2001.

There was an initial spurt in 2001, and many such couples have married since. However, the Dutch government estimates that only 20 percent of same-sex couples have married compared to 80 percent of heterosexual couples. Three reasons may account for this disparity. First, there is less pressure from family and friends for same-sex couples to marry than for heterosexual couples to marry.

Third, gays and lesbians in the Netherlands are thought to be somewhat more individualistic than their heterosexual counterparts. The same-sex couples who have married in the Netherlands seem happy to have done so, at least according to anecdotal evidence.