Aspirational Romance, Political Reality, The Enduring Struggle for Queer Equality

“ One of the stereotypes that is part of the stigma surrounding gay men and lesbians is that gay men and lesbians are incapable of, uninterested in and not successful at having intimate relationships. Gay men and lesbians have been described as social isolates, as unconnected to society and people who do not participate in society the way everyone else does —— as "a pariah, so to speak." ”

“ Whether because of disgust, confusion, or ignorance about homosexuality, lesbian and gay sexuality dominates the discourse of not only same-sex adoption, but all lesbian and gay issues. The classification of lesbians and gays as ‘exclusively sexual beings’ stands in stark contrast to the perception of heterosexual parents as ‘people who, along with many other activities in their lives, occasionally engage in sex.’ Through this narrative, lesbians and gays are reduced to one-dimensional creatures, defined by their sex and sexuality. ”

“ To think of them shamed me; those types of man-loving-men who, by thousands, live incapable of any noble ideals or lives. Ah, those patently depraved, noxious, flaccid, gross, womanish beings! perverted and imperfect in moral nature and in even their bodily tissues! Those homosexual legions that are the straw-chaff of society; good for nothing except the fire that purges the world of garbage and rubbish! ”

“ When everything associated with homosexuality is treated as bent, queer, repugnant or comical, the equality interest is directly engaged. People are subject to extensive prejudice because of what they are or what they are perceived to be, not because of what they do. ”

“ Society at large has, generally, accorded far less respect to lesbians and their intimate relationships with one another than to heterosexuals and their relationships. The sting of past and continuing discrimination against both gays and lesbians is the clear message that it conveys, namely, that they, whether viewed as individuals or in their same-sex relationships, do not have the inherent dignity and are not worthy of the human respect possessed by and accorded to heterosexuals and their relationships. ”

“ The message is that gays and lesbians lack the inherent humanity to have their families and family lives in such same-sex relationships respected or protected. It serves in addition to perpetuate and reinforce existing prejudices and stereotypes. The impact constitutes a crass, blunt, cruel and serious invasion of their dignity. The discrimination, based on sexual orientation, is severe because no concern, let alone anything approaching equal concern, is shown for the particular sexual orientation of gays and lesbians. ”

“ It represents a harsh if oblique statement by the law that same-sex couples are outsiders, and that their need for affirmation and protection of their intimate relations as human beings is somehow less than that of heterosexual couples. It reinforces the wounding notion that they are to be treated as biological oddities, as failed or lapsed human beings who do not fit into normal society, and, as such, do not qualify for the full moral concern and respect that our Constitution seeks to secure for everyone. ”

“ This discrimination occurs at a deeply intimate level of human existence and relationality. It denies to gays and lesbians that which is foundational to our Constitution and the concepts of equality and dignity, which at this point are closely intertwined, namely that all persons have the same inherent worth and dignity as human beings, whatever their other differences may be. The denial of equal dignity and worth all too quickly and insidiously degenerates into a denial of humanity and leads to inhuman treatment by the rest of society in many other ways. ”

“ This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, see Lawrence, 539 U. S. 558, and whose relationship the State has sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives. ”

“ Their trailblazing work has given countless transgender individuals the bravery to live openly and authentically. This hard-fought progress is also shaping an increasingly accepting world in which peers at school, teammates and coaches on the playing field, colleagues at work, and allies in every corner of society are standing in support and solidarity with the transgender community.
In spite of our progress in advancing civil rights for LGBTQ+ Americans, too many transgender people—adults and youth alike—still face systemic barriers to freedom and equality. ”

“ More than ever before, the fight for LGBT equality is full of hope and promise. But, our work is far from over. The sad reality is that gay and lesbian Americans are still essentially second-class citizens, with different rights depending on where they work and the state in which they live. This nation can only truly prosper when all of its citizens are guaranteed equal protection under the law. Laws that deprive LGBT Americans of these rights are unconstitutional, discriminatory, and unconscionable. ”

“ Much work remains to fulfill our Nation's promise of equal justice under law for LGBT Americans. That is why we must give committed gay couples the same rights and responsibilities afforded to any married couple, and repeal the Defense of Marriage Act. We must protect the rights of LGBT families by securing their adoption rights, ending employment discrimination against LGBT Americans, and ensuring Federal employees receive equal benefits. We must create safer schools so all our children may learn in a supportive environment. ”

“ Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples. ”

“ Full equality has been denied to LGBTQ+ Americans and their families for far too long. Despite the extraordinary progress the LGBTQ+ community has made to secure their basic civil rights, discrimination is still rampant in many areas of our society. ”

“ A law that creates institutions which enable heterosexual couples to declare their public commitment to each other and achieve the status, entitlements and responsibilities that flow from marriage, but does not provide any mechanism for same-sex couples to achieve the same, discriminates unfairly against same-sex couples. ”

“ President Biden’s Executive Order directing federal agencies to fully implement all federal laws that prevent discrimination on the basis of sex, to include sexual orientation and gender identity, is one of the most consequential policy actions for LGBTQ+ Americans ever signed by a U.S. President. This is a critical step in protecting so many Black, Indigenous, and women and girls of color, including Black transgender women and girls, for example, who face unconscionably high levels of workplace discrimination, homelessness, and often deadly episodes of violence. ”

“ This Act makes explicit that existing Federal statutes prohibiting sex discrimination in employment (including in access to healthcare, housing, education, credit, and jury service also prohibit sexual orientation and gender identity discrimination. (15) LGBTQ people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. ”

“ Their consequences—
“legitimate or encourage blackmail, police entrapment, violence (‘queer-bashing’) and peripheral discrimination, such as refusal of facilities, accommodation and opportunities.” [31]
[25] ⁠The impact of discrimination on gays and lesbians is rendered more serious and their vulnerability increased by the fact that they are a political minority not able on their own to use political power to secure favourable legislation for themselves. [32] They are accordingly almost exclusively reliant on the Bill of Rights for their protection. ”

“ Today, unrelenting political and legislative attacks at the State level — on LGBTQI+ children and families in particular — threaten the civil rights gains of the last half century and put LGBTQI+ people at risk. These attacks defy our American values of liberty and dignity, corrode our democracy, and threaten basic personal safety. ”

“ It suffices for us to acknowledge that adults may choose to enter upon this relationship in the confines of their homes and their own private lives and still retain their dignity as free persons. When sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring. The liberty protected by the Constitution allows homosexual persons the right to make this choice. ”

“ The focus in this case falls on the intrinsic nature of marriage, and the question is whether any aspect of same-sex relationships justifies excluding gays and lesbians from it. What the Constitution asks in such a case is that we look beyond the unavoidable specificities of our condition—such as race, gender and sexual orientation—and consider our intrinsic human capacities and what they render possible for all of us. ”

“ It is nevertheless equally important to point out, that such views, however honestly and sincerely held, cannot influence what the Constitution dictates in regard to discrimination on the grounds of sexual orientation. [39] ⁠There is nothing in the jurisprudence of other open and democratic societies based on human dignity, equality and freedom which would lead me to a different conclusion. ”

“ Equality therefore does not imply a levelling or homogenisation of behaviour but an acknowledgment and acceptance of difference. [44] At the very least, it affirms that difference should not be the basis for exclusion, marginalisation, stigma and punishment. At best, it celebrates the vitality that difference brings to any society.
[133] ⁠Section 9 of the Constitution is unambiguous: discrimination on the grounds of being gay or lesbian, is presumptively unfair and a violation of fundamental rights. ”

“ The development of an active rather than a purely formal sense of enjoying a common citizenship depends on recognising and accepting people as they are. The concept of sexual deviance needs to be reviewed. A heterosexual norm was established, gays were labelled deviant from the norm and difference was located in them. [46] What the Constitution requires is that the law and public institutions acknowledge the variability of human beings and affirm the equal respect and concern that should be shown to all as they are. ”

“ For though oppression on the ground of sexual orientation was not paramount in the scheme of historical injustice, it formed part of it, and the negotiating founders deliberately committed our nation to a course that disavowed all forms of legalised oppression and injustice. ”

“ For more than two centuries, our Nation has struggled to transform the ideals of liberty and equality from founding promise into lasting reality. Lesbian, gay, bisexual, and transgender (LGBT) Americans and their allies have been hard at work on the next great chapter of that history—from the patrons of The Stonewall Inn who sparked a movement to service members who can finally be honest about who they love to brave young people who come out and speak out every day. ”

“ This June, recognizing the joys and sorrows that the gay and lesbian movement has witnessed and the work that remains to be done, we observe Gay and Lesbian Pride Month and celebrate the progress we have made in creating a society more inclusive and accepting of gays and lesbians. I hope that in this new millennium we will continue to break down the walls of fear and prejudice and work to build a bridge to understanding and tolerance, until gays and lesbians are afforded the same rights and responsibilities as all Americans. ”

“ Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI+) activists are fighting for equal protection under the law, freedom from violence, and recognition of their fundamental human rights. The United States belongs at the forefront of this struggle — speaking out and standing strong for our most dearly held values. ”

“ It’s wrong to have millions of Americans living as second-class citizens in this nation. And I ask for your support in this election so that together we can bring about real change for all LGBT Americans. Equality is a moral imperative. That’s why throughout my career, I have fought to eliminate discrimination against LGBT Americans. In Illinois, I co-sponsored a fully inclusive bill that prohibited discrimination on the basis of both sexual orientation and gender identity, extending protection to the workplace, housing, and places of public accommodation. ”