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The Struggle for Gay Rights

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					Today’s Lecture:

Sexual Orientation

Number:

20

Lecture Organization:

• Class Announcements • The Struggle of Sexual Orientation • History and Adjudication
• More legal issues

Time
3/5/2009 Copyright, Sean Wilson. 2007. 2

Class Announcements

website -- slides are up -- look for audio on Thursday

Class Announcements

Exam -- can retake any portion with slight grade penalty -- the higher of (a) average of the two (b) one step grade penalty

Class Announcements

Final Exam -- is during finals week (week of March 16th) (consult university schedule) -- voluntary essay question will be handed out Friday (7th) -- must have it completed by Friday the 13th (make an appointment) -- study guides for the multiple choice go out on Monday

Class Announcements

papers -- How many are doing a research paper? -- How many are doing a critique paper? -- Grades penalized if you don’t follow the procedure -- All papers must have a draft and consult by next Friday (Sign up sheet on Monday)

Class Announcements

Friday -- There will be no class on Friday

Class Announcements

Bonus activities -- will try to tally that stuff next week (Wednesday?)

Questions?
Time

The Struggle of Sexual Orientation
-- last time, we discussed several important things about being gay -- To refresh our memory, let’s look at this …

3/5/2009

Copyright, Sean Wilson. 2007.

9

Question:
What is your reaction to this and why? Copyright, Sean Wilson. 2007.

3/5/2009

10

The Struggle of Sexual Orientation
Social Distance -- striking level of social distance coming from the majority -- immense psychological distance

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Copyright, Sean Wilson. 2007.

11

The Struggle of Sexual Orientation
arguments in support of gay rights

Liberty-based Arguments
-- intimacy is none of your business

Condition-based Arguments
-- evidence that people are born gay:
• hypothalamus • “female brain” • pre-natal exposure to hormones 12

3/5/2009

Copyright, Sean Wilson. 2007.

illustration

conception

hormones

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Copyright, Sean Wilson. 2007.

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The Struggle of Sexual Orientation
-- Gay Marriage

Time

-- it is remarkably similar to what voting was for women -- if marriage is allowed, you can have this out in the open, legitimately (kids can be taught it is legitimate) Question:

Question:

What dodoes thinkissue cart Does this issue the courts (affection can be displayed in public) put the do What you this
unions)
-- “they are together, but it is not marriage”
3/5/2009 Copyright, Sean Wilson. 2007.

will do for this issue? before the horse? politically withthe movement (this explains the debate between marriage and civil

14

History and Adjudication
-- Greece and Rome

-- homosexual sex was part of the culture
-- rite of passage: Adult would have a sexual encounter with a young boy about to reach “manhood”

(this was not infrequent)
-- historically has always been present in humanity to some degree

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Copyright, Sean Wilson. 2007.

15

History and Adjudication
Recent American history:
-- discrimination against gays could be quite severe if a person was “outed” – particularly gay males.gay bar in New York City in 1969, police officers raided a called the Stonewallkillings, etc, -- beatings, slurs, Inn, in Greenwich Village. The police claimed that the bar was noisy and overcrowded, but the truth -- “Stonewall riots” epithets before they went in. They pushed is they shouted gay them 1969 with of the Stonewall bar in Greenwich Village that -- out raid night sticks. There were bloody battles lasted for 3 nights at the bar. This became known as the Stonewall Riots. Out of the Stonewall Riots formed the gay liberation movement, which began agitation in the streets and also then moved into litigation.
3/5/2009 Copyright, Sean Wilson. 2007. 16

Stonewall Riots

History and Adjudication
2. Sodomy laws

-- historically had been defined as oral sex in criminal statutes -- but was always used against gays, not straight people -- by 1975, more than half of the states had repealed their sodomy laws (or had them invalidated by court decision) -- however, none of these states were below the MasonDixon Line (24 states with anti-sodomy laws)

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Copyright, Sean Wilson. 2007.

17

History and Adjudication
3. Bowers v. Hardwick (1986)
Facts: -- Michael Hardwick worked at a bar; he had an open container outside of a bar one night and was ticketed; -- this is happening in Georgia -- he failed to show up for court, so a warrant was issued for his arrest -- he did pay his fine later on, but the warrant process was already in motion -- one day, the officer goes to Hardwick’s place, asking for him Copyright, Sean Wilson. 2007. 18 3/5/2009

History and Adjudication
-- he is let in the house, opens the bedroom door and sees Hardwick make law: Wanting to and another guy engaged in oral sex

Bowers Facts:

(quote) The argument is that he could, in theory, still be The door ACLU contacts statute two were havingcasefor theAt prosecuted before the Hardwick and takes his out sex. -- The opened up while the of limitations ran oral first, Hardwick thought that the wind or somethinglawsuit have crime. Based upon that, the ACLU filed a could in Question: -- ButAs he the charges are dropped by the prosecutor. then: continues on doing what he is doing, he sees Question: done it. court objecting to this and took the matter to the federal that an search warrant had expired) says I have a warrant for the United States Supreme Court. constitutional right is (the officer is there. TheIfofficer What charges were dropped, your arrest. Hardwick says why do wewarrant is no that I back: the have a case good, violated?? -- The ACLU decided to makebeinghere on good Court? it a test Supreme faith, an paid my fine. The officer said, “no, I’mthe case (vehicle for so it reached interest group) does matter.” He arrests him and charges him with sodomy. Hardwick was bailed out of jail after 12 hours.

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Copyright, Sean Wilson. 2007.

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History and Adjudication
Legal Analysis – Equal Protection Clause
• Equal Protection is not the main issue • We do not tolerate distinctions based upon race (“strict scrutiny” • We tolerate some distinctions based upon gender (“middle-level scrutiny”) • Currently, gays do not receive either level of protection.

3/5/2009

• they only receive “rational” (or low level) review. That means that virtually any government distinction based upon sexual orientation is allowed (under the Copyright, Sean Wilson. 2007. 20 Constitution)

History and Adjudication
• civil rights laws a Point-Using the Court to Make (statutes) in each state might be

different. Some might protect against discrimination Powell •had initially voted to Act does notthe Georgia law,this federal Civil Rights strike down protect against but then changed his vote before the ruling was announced. He • the main issue in case were using the Court – just thought The litigants in the the case is therefore PRIVACY trying to make a point. After he retired, he gave a speech to Holding a law school where he claimed he made a mistake. He said that-- 5-4 decision: the Constitution does not protect this. rea few months after the case had been decided, he read Justice Powell -- the dissent and thought it had the better of the arguments. (If there had been actual prosecution or criminal punishment, the case would have come out differently)
3/5/2009 Copyright, Sean Wilson. 2007. 21

History and Adjudication
Rest of the story …
-- 1998, Georgia Supreme Court struck the law down as an invasion of privacy -- 1991, Hardwick moved to moved to Miami, continued to bartend, and died of an AIDS-related illness at the age of 37.

3/5/2009

Copyright, Sean Wilson. 2007.

22

History and Adjudication
2. Lawrence v. Texas (2003)

Time

-- Houston officer receives a phone call about a possible weapons disturbance -- enters the house of John Lawrence and see him having sex with Tyron Garner -- charged with Sodomy -- goes to the Supreme Court
-- The Court overrules Bowers and says that this is a Constitutional right.

-- picture …
3/5/2009 Copyright, it; Wilson. 4 (only 13 states prohibited Sean only2007. were enforcing it) 23


				
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