Review the status of the U.S. gay rights
of: two words because the United States in world politics, the enormous economic and cultural impact of gay culture of the United States are also widely spread in the world, especially Hollywood movies and romance is always prominent in American society free and open side, the Chinese media also reported that San Francisco and New York's annual gay pride parade, carnival photos depicting people have some kind of myth that the United States gay rights a matter of course take the forefront in the world.
however, is not the case, then the true state of the U.S. gay rights how? on this issue, I will elaborate the following four aspects: 1) the dual U.S. law and government framework; 2) U.S. two-party politics and gay rights; 3 ) the status of the U.S. gay rights; 4) the progress made outside the law, that the rights situation on the social level. Finally, based on personal observation and inference, look ahead to the U.S. gay rights.
1. American law and government two yuan
gay rights and legal framework is closely related to the United States to understand the progress and status of gay rights, we must first understand the American legal framework.
the United States is a federal system of government, not only the implementation of two yuan system of government (national government and state), and federal and state laws, including two levels, has the following features:
1) In addition to federal law (ie national laws), the state also has its own laws (including the state, including the Constitution) . State law is only applicable to the state, may not be applicable across the state, such as the states have their own marriage laws, the current same-sex marriage in Massachusetts, Connecticut, Iowa and Vermont, recognized four states, as well as New Jersey and New Hampshire cloth County citizens as the way the state to recognize civil unions, but several states a marriage certificate issued to same-sex partner or partners in other states, the certificate will not necessarily be admitted;
2) the supreme law of the Federal Constitution, the federal, state the supreme law of the state constitution. state laws must comply with the state constitution, such as Iowa, in 1998 through the contrary to the provisions of the Constitution states subject to the Federal Constitution, such as the Federal Supreme Court in 2003 based on the interpretation of the Federal Constitution, that homosexual acts are civil liberties should not be punished by law, this decision was overturned automatically in fifteen states still remaining anti-sodomy law.
common law, Parliament voted by a vote, then signed by the governor to put into practice. If the citizens of certain provisions of the Constitution are dissatisfied, may request to join in the constitution amendment (ie amending the Constitution) . As is the supreme law, to amend the constitution naturally cautious, although their procedures vary from state to state, but generally are quite complicated, such as the need for Parliament to vote in two consecutive consent agenda (namely, the need for two years), and then by referendum. modify the program particularly in the Federal Constitution trouble (Note 2).
3) there are nine Supreme Court judges, duty is to interpret the Federal Constitution; seven state Supreme Court judges, duty is to interpret the state constitution. judge the implementation of tenure, Supreme Federal Court Judge nominated by the President, by the consent of the majority of Members of Congress took office. Because it is lifelong, so the Federal Supreme Court (and the state Supreme Court) are not candidates for the election of judges, while ruling party will not result in change much, which may cause some rush to amend the law of appeal and hope that those who are eager to change the status quo, with a total sense of the progress of the law behind the times, but it is largely to maintain the relative stability of the law;
4) When the general conflict of laws and the Constitution, the Supreme Court's interpretation of the Constitution shall prevail. express the spirit of the Constitution is often the contents of the abstract wording vague, so we often see the highest judges vary in the Constitution made in the different interpretations of the same provisions, such as the Federal Constitution provides that (such as divorce, one party can demand alimony), here said views of the majority shall prevail, as the final decision.
If you want to modify the law, there are two ways to choose from, one previously mentioned by the state legislature or Congress to vote, and second, through the ; (due process of law), the so-called court. When the citizens that their rights have been violated or denied, you can appeal through the layers until passed by the Supreme Court decision in the interpretation of the Constitution, that saying routine. In addition to changes in the law, the equal rights, although the abstract of these expressions, it is equal rights for gay persons starting point. and specific provisions of the law often, party sex, race, color, religion and political beliefs and other factors can not be grounds for discrimination, gay groups are want to add these provisions relating to sexual orientation (often there is a gender change) of the non-discrimination clause. However, this attitude of people in the United States are often very different, the key is whether sexual orientation is an innate characteristic, or Select the day after tomorrow, this view has been controversial. this often determines the different views of voters support gay rights or not, such as same-sex marriage, gay people that are natural rights, as the same right to marry interracial couples, but many voters based on their religious beliefs, that gay is a choice the day after tomorrow, can not be compared with race and color. From this sense, although many who think that gay rights should not be congenital based on sexual orientation, but the psychological and public public policy point of view, to explore gay and accumulation of evidence of congenital still has its practical and positive.
2. U.S. two-party politics and gay rights
two hundred years, the pattern of American politics is basically Democrats and Republicans as the dispute between the donkey. In history, the two parties for their own survival needs of a huge line of changes occurred. since since the sixties, the Democratic Party's liberal progressive and social combination, and the Republican Party the combination of right-wing religious forces, so that the two issues presented in the economic and social differences in attitudes, and views of the gay rights particularly large differences.
the cornerstone of the current program of the Republican Party can be traced back to the Protestant ethic. Protestant ethic is well-known Economist Milton. Friedman called is unethical. These are the principles of Western plays an important role in the development of capitalism, and even some Western European countries and U.S. overseas colonial history of western Xinjiang can be traced to this extension. In economic policy, Republicans follow the classical school of economics laissez-faire . These ideas are reflected in economic policy, is to advocate tax cuts, reducing government welfare spending. relative to the implementation of the redistribution of wealth through taxation, the Republican party stands for the tax, the corporate profits improve and expand its operations because it will hire more, so that wage earners can make a profit. For this reason, the Republican Party has always received the full support of business groups. However, laissez-faire policy through the head, the government will lack of regulation of the private sector, leading to serious consequences, such as the current place in the global financial crisis is one example. The Democratic Party is holding more government intervention in economic life, supportive attitude, and tend to favor redistribution of income through welfare policy narrow the social gap between rich and poor, so often in the eyes of voters indicates that higher taxes, increased government spending, then went to the extreme has become lazy in the big pot culture, such as some Western European countries over the past decade has been a sustained high rate of unemployment .
eighty percent or more American voters as Catholics and Protestant Christians, the latter is more important proportion of these, in particular, known as the , due to the Protestant Bible-centered, uphold the anti-abortion, anti-gay rights and anti-stem cell research position, so that the Republican Party in general also showed a similar tendency, the Democratic Party's attitude to this is often the opposite, such as when George W. Bush in Taiwan , is strictly prohibited family planning programs in developing countries, the United States to provide official assistance, and signed the ban on stem cell research, but Obama took office, to reverse the ban on these two.
in 2000 and 2004 presidential election, the Republican interest groups in order to promote the war in Iraq (intended to oil) and the implementation of pension privatization and other economic purposes, Republicans hope to send President Po-bit, and get control of Congress. They fear the one hand, the use of public , speculation on terror issues, shaping the Republican Party as the So the Republican Party and religious right-wing forces to cooperate in the states introduced a constitutional amendment banning gay marriage proposal, and with the presidential election of language greatly inspired the enthusiasm of conservative voters, especially those not previously on the presidential election, voter interest, out against gay marriage, but also came to the ballot box. two elections showed that a considerable number of votes the candidates the two parties close, however, many critics have argued that same-sex marriage, two issues will be brought to the presidency George W. Bush.
the past two decades, the Republican Party known as the to support the Democratic Party is not surprising. Every presidential election, the two parties will hold a national rally the General Assembly, the major television broadcast. The Democratic Party welcomed the comrades who participated in the General Assembly, deputies also called for support of gay rights. Sheila Lee and many Democratic politicians also year after year to participate in gay pride parade, gay political groups to attend the annual meeting and addressed the crowd that he is gay friend. In the 2008 presidential election before the party primaries, Democratic candidate although you For the combination of same-sex couples should be called the same attitude. From the state of progress of gay rights, the current recognition of same-sex partnerships are obvious advantages in the Democratic Party occupied the northeast and the western New England by the Pacific Ocean a few states. For historical reasons, African-American religious beliefs than strong, particularly strong opposition to gay, while Obama has said publicly that the rally in the black, discrimination, like discrimination against blacks who, like gay, should be condemned. Zhefan that the gay crowd that he won a great reputation , gay voters against him even more than the original very popular for Hillary, for Obama to win the party nomination and ultimately played a role in election victory, and Obama winning the general election and took office before speech public speech, also called on comrades who did not forget to respect.
3.
law and gay rights to gay rights are concerned, generally include the following:
1) the legalization of gay behavior.
United States in 1828, the , also not limited to same sex or heterosexual, but the law enforcement in specific, almost exclusively for the punishment of those who object to gay, so anti-sodomy laws are often seen as punishment for sodomy laws.
1962 years Illinois took the lead against the punishment for homosexual behavior, then many states are starting to follow suit. As the twenty-first century, only fifteen states still see it as illegal, and all the folk conservative . may seem paradoxical situation, such as Vermont enacted civil unions in 2000, allowing the comrades who registered with the government and begin to enjoy equal rights and interests, so a Vermont same-sex couples can register for any one town hall to exchange wedding rings and accept the congratulations and wishes of government officials, but when they fly to Texas, Virginia, or honeymoon, the local police at the time but in accordance with state law to arrest them (although in practice they will not do), it the U.S. government and the law dictates a binary system.
now exists in name only, why not simply remove the anti-chicken out of the Criminal Code Act it? who oppose gay rights that, while these provisions punish homosexual behavior exists in name only, but will be retained in the law to highlight the moral mainstream. But these provisions in some states extend the law for years has kept its social and technical reasons, that is, Parliament did not take action to change the law, or citizens can not use normal procedure. His political career adversely affected. The use of who's decision to overturn existing laws. nineties has indeed gay organizations around the press has been sought in this case, even the comrades who tried to defy the law, trying to let himself be caught by the police (of course, is a private space can only be homosexual acts, rather than in public places like parks or public toilets in), and then and the government to court, but then the state's anti-sodomy laws existed in name only, so the police will not arrest gay person to. No people were homosexual behavior have been arrested or convicted, so phone, lied to someone in the room near the gun noise. the police broke into the homes, it did not detect any firearms, but not willing to lose face, so to sodomy will be room for a pair of gay men were arrested (at the time Texas punish homosexual behavior still retain the legal provisions). gay rights organizations to appoint human rights lawyer, to help the two layers of gay defendants appeal the case to the Supreme Court beat In 2003, the Federal Supreme Court 6 votes in favor, 3 against the results, determine the homosexual sex illegal. This decision was also still in the fifth against the punishment of sodomy state law. Five judges voted in favor of the view that homosexual acts that civil liberties should not be punishable by law; have a vote in favor of the judges held that the Texas anti-gay sodomy laws punish only those who, instead of punishment similar to heterosexual behavior, constitutes discrimination against the gay; there are two investment against the judge writes in the comments, do they believe homosexual behavior is a civil liberties should not be punished, but against the relevant laws should be decided by the states themselves, should not be managed by the Federal Supreme Court. Nine Supreme Court justice, only one person that homosexual behavior should continue to be considered a crime.
2) the right to equal employment and housing rights
the U.S. Thirty-three states plus Washington, DC, provides that sexual orientation discrimination in employment can not be reasons. Clinton in office, has signed a law banning the employment decisions made by government departments to discriminate against a gay person. to prohibit discrimination against gay persons private national law has not yet successfully break through the barrier in Congress, opponents of the reasons are: some individuals or church organizations, employers do not want to hire because of religious beliefs comrades, who's this right should be protected by law. There are conservatives who deliberately confuse the right to equal employment for women and enjoyed by people of color preferential policies to be compared, they trumpeted comrades who receive equal employment rights, the will and women, people of color (of African and Hispanic) and people with disabilities and other vulnerable groups, as in college admissions, and by the preferential treatment when applying for jobs . This argument was very popular a decade ago, but as the debate progresses, it has become increasingly clear, comrades who are fighting for equal employment rights are not some people call the opinion polls show that most voters who support gay equality of employment rights.
Employment Nondiscrimination Act for the president to show strong support for the Democratic Party has made the current control of both houses of Congress, and the number of Polls also show that many voters expressed support, many commentators believe that the passage of the bill just around the corner.
equal employment rights associated with the equal right to housing as well, that is because the owner can not refuse for reasons of sexual orientation those who rent to gay and vice versa. currently thirteen states enacted this provision, there are many cities have similar provisions, but did not rise to the equal protection of the federal level.
4) from the military power of equality
the United States is still the current implementation of the gay parade was publicly exposed by the media, or to accept an interview to talk about their gay identity, etc.), then was dismissed. After all, the U.S. military not welcome openly gay identity of those who join the army.
army belongs to the state, So the law could not help the states decide. for gay equality from a military power were the main opposition came from the military, who they think will be other soldiers gay cause harassment, thus affecting the discipline. But all the EU countries and Israel has been allowed to openly gay person the army, the study found that concerns about the U.S. military is entirely superfluous.
5) hate crime, hate crime laws
out of ethnic hatred and commit a violent crime. At present the United States hate crime Act covers race, color, religion and country of birth, but whether to add on gender, sexual orientation and disability status of the terms, is still controversial. Although there are some states will also be gay hate crime law as a protection of those who object, but Similar laws have not successfully break through the barrier in Congress, that has not been implemented nationwide.
support the hate crimes law to add sexual orientation provision believe that the inclusion of sexual orientation protection clause, crimes against gay persons FBI can intervene to strengthen the judicial intervention, but more important is that law can serve as a warning, so that more people aware of violence against gay persons is a crime. Opponents argued that the personal safety of comrades who have been where in the basic law are guaranteed, if the safeguard clause and then add sexual orientation, then on acts of violence against gay persons than the general violence are more severe legal penalties, and partly from the defendant's fear of aggravating the same thought or statements; Also, if a person's words to incite hatred against gay, so that others will take the risk, beaten or killed by comrades, but I am not involved in any of the instigators of violence, then he should be punished by law? If the answer is in the affirmative, does that mean people's thoughts will be punished by law, is contrary to the principles of thought and freedom of speech? so easy to hate crime law despite a broad moral sympathy, because even those who are against gay rights also condemned Comrade's violence, but the issue does still exist in the legal gray area.
6) same-sex marriage
face of AIDS in the eighties, after a strong attack, the crowd began to stable gay partnerships voice because the stable partnership can reduce the number of sexual partners, reducing the incidence of AIDS, and the stability of partnership can not do without legal protection. gay people high incidence of AIDS in a lot of people lost their partner, but because the partnership did not receive legal recognition, in terms of hospital visits and inheritance encountered many obstacles. Meanwhile, the gay rights movement three decades after the development, adoption and retirement and other issues have been increasingly put on the agenda, which more so gay Community partnership recognizes the importance of legally recognized, blindly Live Flesh tone through the devastated communities after the pain into a reflection and meditation, and then began a round of interest for. In the nineties, gay marriage, gradually become a mainstream topic within the community. gay organizations also believe that the discussion around same-sex marriage will help people understand the gay mainstream, because marriage involves a range of life interests, such as hospital visitation rights, inheritance rights �Ų� and labor insurance, joint ownership of property rights, These issues can better identify with the mainstream society to win.
for same-sex marriage in the gay community there is some controversy, the key is not whether same-sex unions should be called marriage, but gay marriage, equal rights has been regarded as the highest expression of gay , the degree of difficulty greatly increased. In many places, same-sex couples hospital visitation rights and even rights of inheritance are not available, so why talk about gay marriage? Furthermore, many voters believe that marriage involves the concept of religion. But I believe that the same-sex marriage issue very positive effect caused by the relevant concerns. First of all, completely destroyed the topic of gay marriage rights gay equality , confuse people, but higher than the threshold of equal employment rights for same-sex marriage issue is much more turned out, we all are aware of equal employment rights, etc. is simply equal rights, not can be itemized for hospital visitation rights, inheritance rights and the right of joint taxation, etc., but same-sex marriage is included Digby, Iowa and Vermont four states recognize same-sex marriage, New Jersey and New Hampshire County cloth binding the two states to recognize civil (civil union). civil unions allow same-sex couples all the rights married couples enjoy (such as adoption rights and inheritance rights) just do not call it marriage. In addition, Hawaii, Oregon, Washington and Washington, DC, it has a domestic partnership law, same-sex couples can register with the government, but the rights to enjoy much less than married spouses. < br> then the United States within the fifty states, and why the unique within the four states to obtain legal recognition of same-sex marriage? Why not in other states? these four states is not the result of a random choice, but requires some thought and gay groups careful planning. They each state inventory of more enlightened folk, in particular, of seven judges concluded the state Supreme Court's position on same-sex marriage in the attitude of (for example, each of the past, according to the jurisprudence, written, public speaking, or even a private understanding, etc.) at least four judges in determining a favorable ruling will be made only after starting operations. First of all, gay rights groups funded to hire lawyers, and selected states in the advertisement (and often gay newspapers and magazines), the recruitment and stable relationship same-sex couples have the public to form the heart of the plaintiff. These same-sex couples go to a city hall, requiring registration of marriage, refused, began with the government to court. Why do we need from the relationship between stability and has the public mind to come forward to fight same-sex partners lawsuit? We all know that these same-sex couples to come forward not for ourselves, but for the entire gay population, the public mind is a must; two layers of appeal needs to lawsuits, generally last for years, if the same-sex partner This process of breaking up, then, is equivalent to the plaintiff to withdraw the appeal, the lawsuit will let the matter rest. More importantly, these partners have a convincing appearance, and relatively easy access to society, the media and even the sympathy of the judges, such as the Iowa Supreme Court The verdict in the plaintiff also specifically mentioned as not only the six same-sex couples speaking, the right to give the character can not be linked with the parties, such as a heart can not because there is no public be deprived of equal rights (such as the right to marry), but in real life, this approach did help win sympathy and support to reverse the people's prejudices.
Let us recall that the United States to legalize same-sex marriage tortuous course. same-sex couples in Hawaii first in the mid-nineties playing the lawsuit, after all aspects of the statement, the Court of Appeal did in 1997 in favor of same-sex couples to make decisions that do not recognize same-sex marriage constitutes discrimination against gay persons, but this ruling was later overturned by the Supreme Court. gay organizations, then aimed at the Vermont the state in American history is the first to ban slavery and the first state to give women the right to vote, it has been in the forefront of the civil rights movement. The state Supreme Court did not disappoint, in 2000 ruled that same-sex couples have and heterosexual spouses enjoy the right to exactly the same as the spouse, but it gives the state government in the recognition of same-sex marriage and set up specifically for same-sex couples to make a choice between civil unions. the state government chose civil unions, although they have not called marriage, but who have equal rights in the gay's first precedent. then aimed at the Massachusetts gay organizations, through the same equal rights, but also clearly emphasized the need to call it marriage, because if only to give civil unions, then, comrades who are still considered second-class citizens, that still constitute discrimination, then the United States, Massachusetts became the first state to recognize same-sex marriage, same-sex couples finally worthy of the name of marriage birthright .2008 October, Connecticut state Supreme Court also made the same decision. California can be described as tortuous progress. Back in 2006, the California Assembly passed the same-sex marriage legalization of motion, but not over two-thirds absolute majority, the result was the rejection of Governor Arnold Schwarzenegger (he was under severe pressure in the Republican Party) .2008 by the end of April, the California Supreme Court made same-sex decision to legalize marriage, six months, there were eighteen thousand pairs of same-sex couples were married. but not last, to the Mormon Church and the Catholic-based religious groups collected enough signatures to conservative voters, would prohibit same-sex marriage proposed amendment to the Constitution (ie 8 proposal) put in a referendum, resulting in 52% of people oppose same-sex marriage, so same-sex marriage will again be a sudden end.
full name in California referendum, gay groups to appeal required The Supreme Court overturned the results of the referendum. Although the constitutional amendment adopted by referendum banning gay marriage, but how to treat married eighteen thousand pairs of same-sex couples? If the law of these have been concluded to withdraw the recognition of marriage, then the need to amendment to the constitution (constitutional revision), alone constitutional amendment (constitutional amendment) is not enough. But the Constitution requires the state legislature to modify at least two-thirds of the Senate and two members in favor, and get at least two-thirds of voters in a referendum agreement gay organizations like to take this obviously unattainable threshold to restore the same-sex marriage in California legal status. If the court considers same-sex partners can no longer married, but have concluded gay marriage is still valid, then this recognition again, and in the Constitution provides that way of combining recognize civil unions.
critics believe that this referendum, most people decide the fate of minority rights and the democratic system, Although the legalization of same-sex marriage in California suffered a setback, but the voting result was revealed optimistic message. Back in 2000, California held on the definition of marriage to a referendum, when 62% oppose same-sex marriage. when over eight years, the ratio dropped by 10% support rate from 38% to 48%. on the analysis of voting results also give some interesting conclusions: 1) the more intense religious beliefs, the more opposed to same-sex marriage; 2) the younger The more voters support same-sex marriage; 3) education level, the more support for same-sex marriage; 4) urban residents support same-sex marriage than rural voters. and then the vote of all ages from the results, the following three-year-old More than 60% of voters who support same-sex marriage. in the foreseeable future, the legalization of same-sex marriage will be unstoppable. So, although the tide against same-sex marriage has had the upper hand with a weak, but history is on gay people and their supporters side.
just gay people and their supporters suffered setbacks in California was upset when, Iowa and Vermont In 2009 the news came in April, the Supreme Court by a unanimous vote in favor of Iowa The results of recognition of same-sex marriage, Until then, few people in the Midwest this agricultural state and the legalization of gay marriage think up. Iowa State's decision issued after less than a week, both houses of parliament more than Vermont two-thirds affirmative vote, legalizing same-sex marriage written into the law, was the first American to achieve this through the legislative progress of the state. New York, New Hampshire and Rhode Island County cloth these three states are expected in the future several years to implement the legalization of same-sex marriage.
however be pointed out that, at present recognized in four states allow same-sex marriage and same-sex couples only enjoy several hundred state law equal rights, does not involve federal law a number of rights under a thousand, such as joint pay federal taxes, inheritance, dead spouse's labor insurance payments, foreign same-sex couples the immigration rights, and so on. only at the federal level (ie the country) to implement the legalization of same-sex marriage, same sex partner can enjoy these benefits, while the United States currently has more than thirty states have passed laws or constitutional amendments banning gay marriage. visible recognition of same-sex marriage nationwide, long way to go. critics generally agreed that same-sex marriage will follow half a century ago to legalize interracial marriage the way, the first state in a number of enlightened progress, and then destroyed one by one, and finally when the time and conditions are ripe, the appeal to the Supreme Court, so that same-sex marriage across the country legal recognition within. Of course, the course of this Xinghuoliaoyuan to go long, each very different view, optimists think that needs two or three decades, while the pessimist considers necessary or three hundred years.
Well, since same-sex marriage has been in four states within the given legal recognition, why same-sex couples do not destroy ...
No comments:
Post a Comment