We do not live in a perfect world and one reason is that human beings on a whole do not always act in a rational manner. Similarly, an average person’s perspectives are also shaped by his/her biases, belief systems, stereotypes, and self interests. If we look back at the America of the mid 20th century, we observe that racial discrimination was a fact of life and actively encouraged and carried none of the social stigma it has today. But the developments since then do give us the satisfaction that the society has the potential to improve and each subsequent generation usually improves on the previous generation. Any person who pays close attention to history and the evolution of societies should be able to realize that gay rights are the next civil rights movement.
Our current head of state is the first American President to have explicitly expressed support for greater rights for gays including the right to marry (Stein, 2012). Gay Americans do not have access to some of the basic rights non-gay Americans enjoy such as the right to marry. Even though national and state laws prohibit discrimination against gays in different areas of life such as work life but implicit discrimination still takes place on a wide scale due to the widespread prevalence of stereotypes. The time has come for America to stand and lead the world in the area of human rights and America cannot become the champion of human rights until it treats its gay citizens in the same manner as non-gay citizens who currently enjoy preferential treatment under the existing body of laws. This paper will clearly demonstrate that gays do not enjoy equal treatment as required under the U.S. constitution and many of the issues faced by gay Americans were once common to African Americans. Thus, there is a need to not only pass new regulations that improve rights and treatment of gay Americans but also to change our social attitudes because while laws can prevent explicit discrimination, they are not always effective against implicit discrimination. It may take time but American history is a proof that Americans have always risen to the challenge to improve the social structure of their society.
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"Gay Rights in the United States".
One of the rights for which supporters of gay rights have been particularly striving for is the right to marry. While some have suggested civil unions as a viable alternative, civil unions cannot guarantee the same rights as marriage. Under the U.S. constitution, every citizen is entitled to same rights and denying gay people the right to marry is nothing less than violation of their constitutional rights. In fact the argument for civil unions is not much different from the argument of “separate but equal” which was presented by the proponents of racial segregation. But the U.S. Supreme Court made it clear in the Brown v. Board of Education case that equal constitutional rights cannot be guaranteed unless all citizens have exactly same rights and access to same benefits. The court specifically noted that segregation leads to inferiority complex among African American children (PBS) and denying gays the right to marry simply implies that non-gay Americans are preferred citizens under the constitution. Even a civil rights lawyer Evan Wolfson compared gay couples heading to the courthouse for a marriage license to participants of sat-ins at segregated lunch counters in the 1960s (Romano and Raiford).
It is as important to eliminate negative stereotypes of gay individuals as it is to advance their legal rights. But it is often difficult to effectively tackle stereotypes without enhanced constitutional rights which is also why the society should work harder to ensure equal rights for gays. America’s experience shows that even though the society has come a long way towards getting rid of racial biases and stereotypes, there is still much work left to do. But this progress would not have been possible were it not for the enhanced legal rights of African Americans due to the Civil Rights Movement. The legal protection against prejudice and discrimination has at least helped improve the economic and social status of African Americans in the society.
One of the major reasons given by opponents of equal gay rights such as the right to marry is that children needs both a father and mother for healthy growth and development. The opponents fear that giving marriage right to gays will further discourage childbearing among married couples. The opponents also claim that social science suggests a married father and mother provide the most appropriate environment for children (Hallowell, 2013). But this could not have been farther from the truth and even scientific research shows the argument made by opponents is without merit. A study of scientific literature shows that children raised by one or two gay and/ or lesbian parents fare as well in emotional, cognitive, social, and sexual functioning as do children raised by heterosexual parents (Mustanski, 2008). It is also difficult to imagine how married heterosexual parents are more likely to provide stable and loving environment, given the high divorce rates in developed countries including the U.S.
In America, individuals are not discriminated on the basis of factors that are determined at birth or over which individuals do not have any control. Many opponents mistakenly believe that being gay is a lifestyle choice which could not have been farther from the truth. In fact, a study by Brian Mustanski, a psychologist at the University of Illinois at Chicago, found that the genes we inherit from our parents may play an important role in determining our sexual orientation (WebMD, 2005). How can society justify discrimination against a group on the basis of something over which they have no control? The society’s opposition to gay rights has always been historically based on inaccurate beliefs. It was not long ago that the American Psychiatric Association had categorized homosexuality as a mental illness in the Diagnostic and Statistical Manual of Mental Disorders (Franco, Joe, 2011).
We have come a long way towards improving the social and economic rights of our citizens no matter what their racial and religious background may be but unfortunately we have done little so far to ensure equal rights for gay Americans. Our generation has a unique opportunity to immortalize ourselves in history by finally securing equal rights for our gay fellow Americans. Only greater legal rights will enable us to make significant progress towards tackling stereotypes and biases that has persisted historically.
- Franco, Joe. (2011, October 12). Charles Silverstein on gay rights and psychology. Windy City Times, p. 31.
- Hallowell, B. (2013, June 28). 5 major fears gay marriage opponents have about the potential nationwide legalization of same sex unions. Retrieved August 2, 2013, from http://www.theblaze.com
- Mustanski, B. (2008, November 28). Why Not Allow Gay Marriage? Retrieved August 2, 2013, from http://www.psychologytoday.com
- PBS. (n.d.). Brown v. Board of Education (1954). Retrieved August 2, 2013, from http://www.pbs.org
- Romano, R. C., & Raiford, L. (May 30, 2006). The Struggle Over Memory. In The Civil Rights Movement in American Memory (p. XX). University of Georgia Press.
- Stein, S. (2012, May 9). Obama Backs Gay Marriage. Retrieved August 2, 2013, from http://www.huffingtonpost.com
- WebMD. (2005, January 28). Is There a ‘Gay Gene’? Retrieved August 2, 2013, from http://www.webmd.com/
