Gay Rights Movement

Abstract

Lesbian, gay, bisexual, and transgender (LGBT) individuals as a demographic group remained largely silent and unseen in American culture until after World War II. Prior to the World Wars, many gay and lesbian Americans hid their sexual orientation out of fear and shame. Gay men who lived in urban centers often formed close social networks with other gay men yet remained a part of a hidden subculture. During the 1940s and 1950s, LGBT Americans enjoyed many freedoms that they had not previously been afforded; their presence was increasingly "tolerated" though not widely accepted. Discrimination against LGBT individuals started to grow in the mid-1950s: LGBT men and women were fired from their jobs or dismissed from the military because of their sexual orientation. Society as a whole grew less tolerant of homosexuality in the 1950s and 1960s. Homosexuality was portrayed as a threat to American security and police began to harass gay and lesbian individuals by raiding their bars and nightclubs. The Stonewall riots in 1969 were a polarizing event for the LGBT community and marked a major turning point in the gay rights movement. Inspired by the women's movement and the civil rights movement, LGBT Americans began to mobilize politically on a grassroots level. The LGBT community has gained much wider acceptance in American culture since the 1970s, but the struggle continues. LGBT Americans are waging political battles in many areas, addressing same-sex marriage or civil unions, equal employment practices, and the right to live without fear of harassment or violence. The gay rights movement has been stymied by those who view homosexuality as morally wrong. The gay rights movement has been termed the predominant civil rights movement of the twenty-first century.

Overview

The social movement led by and on behalf of lesbian, gay, bisexual, and transgender (LGBT) people is both dynamic and active. This essay will discuss several current issues that are currently debated within and between the gay rights movement and its opponents, including same-sex marriage and equal access to protection in the workforce. The growth of the gay rights movement will be discussed, hereafter, along with some of the significant milestones that precipitated the rise of the movement.

The Rise of Gay Culture. Late in the nineteenth century, urban centers in the United States began to grow as rural populations migrated to cities for work opportunities. Within these cities, LGBT men and women found that, for the first time, they could remain anonymous while forming social networks with other LGBT individuals. As early as the 1920s and 1930s, an urban gay subculture began to emerge, though it remained largely hidden because of social hostility and shame.

World War II initiated a cultural shift for many gay and lesbian Americans. A large number left their families to serve in the sex-segregated military or to join the ranks of workers flooding the cities in search of wartime employment. Though homosexuality was not condoned in the military and some homosexual soldiers were dishonorably discharged, many gay and lesbian individuals who served in the military went undetected or were simply ignored. As a result, they were able to make life-long friendships (Bullough, 2002).

After the war, many of these former servicemen and women—who had, for the first time, met other LGBT individuals through the service—decided to remain in metro areas such as San Francisco and New York City. Cities were generally welcoming to the emerging LGBT community, and social networks expanded that were quite active throughout the 1940s ("Milestones in the Gay Rights Movement," 1991).

Though LGBT communities thrived in many large cities, gay and lesbian individuals still faced discrimination and prejudice. As Vern Bullough (2002) explained, "they were victims of what others said about them," and what was said only served to perpetuate stereotypes and fear. Homosexuality was denounced by:

• The medical profession as pathological,
• Religious groups as immoral and sinful,
• The courts and law as criminal, and
• Mainstream society as perverse (Bullough, 2002).

During the 1950s, LGBT individuals were routinely fired from government jobs and many were forced to leave the military. In 1953, President Dwight D. Eisenhower issued an executive order banning gay men and lesbian women from all federal jobs. State and local governments and some private corporations followed suit, and the Federal Bureau of Investigation began surveillance of known and suspected homosexual Americans. Federal policy in turn influenced local law enforcement and police began regularly raiding gay bars and arresting their patrons. Entrapment was common. Those arrested simply hoped that they would be fined and that their arrests would escape public notice (Bullough, 2002). Eventually, fed up with the harassment and growing intolerance, some gay and lesbian activists began to organize politically. At first the groups were small in size and political influence, but growing numbers of LGBT individuals began to take a stand for their rights ("Milestones in the Gay Rights Movement," 1991).

One of the first gay organizations was the Mattachine Society, which was founded in Los Angeles in 1948 by Henry Hay and Chuck Rowland. Initially secret, the group eventually went public, marking the start of "gay activism" (Bullough, 2002). A parallel lesbian organization, the Daughters of Billitis, was founded in San Francisco around the same time, and it later merged with the Mattachine Society.

The formation of small, but public gay and lesbian political groups represented the first steps toward creating a grassroots civil rights movement for LGBT Americans. By the 1960s, many LGBT individuals were becoming increasingly willing to act out against the discrimination that they were experiencing. The social changes happening in the 1960s, in particular the civil rights movement, inspired them to begin demanding change through what was initially called the homophile movement ("Milestones in the Gay Rights Movement," 1991). This movement gave gay and lesbian Americans much more visibility as a social group.

The numbers of LGBT Americans who were willing to openly protest discrimination remained quite small through the 1960s: the numbers were probably only in the thousands ("Milestones in the Gay Rights Movement," 1991). Though the civil rights and women's movements had made major gains with the Civil Rights Act and other antidiscrimination legislation, the gay rights movement did not have the history of activism or the documented discrimination that these other movements had (Bullough, 2002).

It was not until 1969 that a watershed event in New York City sparked an enormous grassroots movement. During the 1960s, police raids on New York City gay bars were the norm; in general they resulted in general harassment and the patrons' arrests. However, when police staged a raid on the Stonewall Inn in Greenwich Village on the night of June 27, 1969, the patrons fought back, sparking a riot that lasted for three nights. The Stonewall riots came to represent the first real public backlash against police harassment of LGBT individuals, and a movement was born as Americans gradually began to challenge homophobia ("Milestones in the Gay Rights Movement," 1991). The movement coined the phrase "coming out of the closet" to describe a person's decision to be openly gay. Major legislation was passed throughout the 1970s to decriminalize homosexual behavior and curtail police harassment. Nearly two decades after the Stonewall riots, a 1987 march in Washington drew 600,000 people ("Milestones in the Gay Rights Movement," 1991).

However, gay and lesbian Americans found that, despite their new visibility and legislative gains, they were not widely accepted within mainstream society. Within a decade of Stonewall, an unlikely and seemingly benign opponent would emerge. In 1977, Anita Bryant, a singer, initiated a successful effort to repeal a gay-rights ordinance in her county. Her activism, which was supported by conservative Christian leaders like Jerry Falwell, inspired other religious and social conservatives to organize against the gay rights movement ("Milestones in the Gay Rights Movement," 1991). In the 1980s, a more organized coalition of conservatives took up the issue of what they termed "the gay agenda." Since then, many conservatives have viewed LGBT activism as a threat to the moral and cultural fabric of American society.

Applications

AIDS and Its Impact on the Gay Community. In 1981, the Centers for Disease Control (CDC) reported that five young gay men in Los Angeles had a rare form of pneumonia. Soon after, twenty-six men in New York City and San Francisco were diagnosed with Kaposi's sarcoma (KS), a rare form of cancer. These diagnoses marked the beginning of the acquired immunodeficiency syndrome (AIDS) epidemic. Early on, there was a striking correlation between the disease and the victims' sexual orientation. At first, the disease was called gay-related immune deficiency (GRID), but it was quickly realized that gay men were not the only ones affected by the disease (Bateman, 2004).

At the beginning of the AIDS epidemic, little reliable information was available about how the human immunodeficiency virus (HIV) was actually transmitted. The dearth of accurate information about HIV and AIDS contributed to a general culture of fear within the gay community and the general public. The LGBT press took up the cause of calling for research, education, and treatment. At the same time, the disease's association with the gay community fueled antigay sentiment and widespread fear. To much of the public, the majority of the victims, particularly gay men and intravenous drug users, were dangers to society who could spread the disease to other, "guiltless" people. Some public health officials even began to call for mandatory testing and quarantines of gay men (Bateman, 2004). In the minds of some, however, the US government's and public's indifference or outright hostility toward the disease and its victims perpetuated or even increased the rate of infection.

Gay Activism and the AIDS Epidemic. The AIDS epidemic increased antigay rhetoric, but it also spurred the LGBT community to take action on its own behalf. Faced with such a life-or-death crisis, political mobilization took on new importance ("Milestones in the Gay Rights Movement," 1991). Because AIDS had such a devastating impact and because AIDS research was so underfunded, LGBT Americans took it upon themselves to call for a political solution. The "social tragedy" caused by AIDS paradoxically strengthened the political arm of the gay rights movement ("Milestones in the Gay Rights Movement," 1991).

The Gay Press. Because of the strong association between AIDS and the gay community, the gay press spoke out passionately on the crisis. The press helped to raise awareness of the disease and mobilize support for gay rights. In the end, the lack of information also prompted gay men to demand more research and take responsibility for educating themselves. "Self-reliance" became the watchword as gay men realized that they had to become their own experts.

In 1987, the AIDS Coalition to Unleash Power (ACT UP) was formed to counter the "political complacency" regarding AIDS research funding (Bateman, 2004). Besides calling for more accessible and effective treatment options, ACT UP's high-pressure tactics were meant to challenge bigotry and promote safe sex as a prevention method.

By the 1990s, as the general public gained better understanding of HIV/AIDS, antigay fears began to subsided, and the development of effective AIDS treatments brought hope to those afflicted with the disease. As celebrities such as Magic Johnson revealed that they were HIV positive or had AIDS, the stigma associated with it lessened. As AIDS activism among the LGBT community began to wane, LGBT Americans began to advocate for their equal treatment under the law, in particular, marriage and employment discrimination.

Issues

Same-Sex Marriage and Civil Unions. There are four distinct aspects of marriage, according to author Claire Snyder:

• A personal bond between the partners,
• A community-recognized relationship,
• A religious rite, and
• A civil contract (2006).

Different cultures assign different meanings to marriage. In some cultures, all four of these components may be part of a marriage contract. In other countries and cultures, marriage may only involve a few of the four aspects. For example, in countries that practice arranged marriage, a personal bond between the partners may not exist initially. Likewise, in some countries many couples chose to forego a religious ceremony, though this absence does not negate the legality of their marriage.

For many LGBT Americans who wish to marry, the civil contract aspect was always at issue (Snyder, 2006). In 1996, the US Congress passed the Defense of Marriage Act, a federal law that barred the federal government from recognizing same-sex marriage, thereby limiting federal benefits to married same-sex couples, even in states where same-sex marriage had become legally recognized. In 2004, Massachusetts became the first US state to legalize same-sex marriage, following the Massachusetts Supreme Judicial Court ruling in Goodridge v. Department of Public Health, which determined that it was unconstitutional under the state constitution to allow only heterosexual couples to marry. Between 2004 and 2013, thirteen more states legalized same-sex marriage, whether by court decision, state legislature, or popular vote. However, until 2013, when the Defense of Marriage Act was struck down as unconstitutional by the US Supreme Court, married same-sex partners were still denied major benefits at the federal level, including tax benefits, Social Security survivor benefits, custody and child visitation rights, medical visitation and decision-making rights, health insurance and retirement benefits, and the right to sponsor a foreign spouse for US residency and citizenship. The demise of the Defense of Marriage Act in 2013 marked a major turning point in the how the US government treats married same-sex couples under the law. Nevertheless, thirty-five states retained constitutional amendments and/or state laws prohibiting same-sex marriage as of October 2013.

This reality changed in 2015, when a 5–4 ruling by the Supreme Court proclaimed that everyone is guaranteed the right to marry by the Constitution, making same-sex marriage legal in all fifty states and deeming state bans on the institution for same sex-couples as violations of equal protection and due process (Elrod & Spector, 2016). Justice Anthony Kennedy, writing for the majority decision, argued that the Constitution needs to be interpreted according to societal changes rather than by how it was literally originally written; therefore, marriage should be considered a universally guaranteed liberty. While there was some conservative dissention, a large number of Americans, particularly those supporters of same-sex marriage, appluaded the decision.

Conservative Views of Gay Marriage. The argument against gay marriage is made most vocally by social and religious conservatives. These conservatives have argued that legalizing same-sex marriage could alter the definition of traditional marriage and undermine marriage for heterosexual couples. Many religions prohibit homosexuality, and religious conservatives additionally argue that marriage, defined "as a sacred union ordained by god," necessarily precludes same-sex unions (Snyder, 2006). These groups wish to define marriage as a union that can exist only between a man and a woman (Public Agenda, n.d.).

The gay rights movement is very active today in its struggle for equality and the civil rights afforded to other groups. The gay rights movement is taking place within the LGBT community and across society as a whole as LGBT people work to secure equal and fair protection under the law.

Terms & Concepts

Civil Marriage: A type of marriage that is officiated by a civil authority, such as a judge, rather than by a religious authority or body. Though sometimes spoken of as a contract, marriage in the eyes of the municipal law affords specific benefits to the married parties.

Daughters of Billitis: An organization of lesbian women founded in 1955 in San Francisco, California. As the gay community "came out," the group grew considerably and provided a place for lesbian women to meet and speak freely about their lives. Its members were active in the gay rights movement

Same-Sex Marriage: Marriage between people of the same sex. When recognized by the government, it affords gays and lesbians with the same economic and social benefits afforded to heterosexual married couples such as access to partner benefits, survivorship benefits, and protection of assets.

LGBT or GLBT: Gay, lesbian, bisexual, or transgender. Can be used to collectively refer to people who identify themselves with these terms, or to gay, lesbian, bisexual, or transgender cultures in general.

Mattachine Society: A gay men's organization founded in Los Angles in 1948. By 1951 it had adopted two major goals: the establishment of a grassroots effort to challenge antigay discrimination and the development of a positive homosexual community and culture. Besides raising consciousness through discussions and publications, Mattachine legally challenged the entrapment of gay men by law enforcement officials and polled political candidates on gay rights issues.

Bibliography

Baruch, M. O. (2013). Gay marriage and the limits of French liberalism. Dissent, 60, 24–27. Retrieved November 11, 2013 from EBSCO online database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=90248235

Bateman, J. (2004). "AIDS activism." Retrieved April 27, 2008, from http://www.glbtq.com/social-sciences/aids_activism,3.html

Bullough, V. (2002). Before Stonewall: Activists for gay and lesbian rights in historical contexts . New York: Harrington Park Press.

DeNoon, D. (2007). Men's HIV/AIDs epidemic: It's back. Retrieved April 28, 2008, from http://www.cbsnews.com/stories/2007/11/29/health/webmd/main3553044.shtml

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Elrod, L. D., & Spector, R. G. (2016). A Review of the year in family law 2014–2015: Family law continues to evolve as marriage equality is attained. Family Law Quarterly, 49(4), 545–588. Retrieved January 8, 2018 from EBSCO Online Database Sociology Source Ultimate. http://search.ebscohost.com/login.aspx?direct=true&db=sxi&AN=114546665&site=ehost-live&scope=site

Hildebrandt, A. (2014). Routes to decriminalization: A comparative analysis of the legalization of same-sex sexual acts. Sexualities, 17(1/2), 230–253. Retrieved December 30, 2014 from EBSCO online database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=94282686

Hudson, D. (2005) Gay rights (point/counterpoint). Philadelphia: Chelsea House.

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Public Agenda. (n.d.). "Gay rights: Overview." Retrieved May 9, 2008, from http://www.publicagenda.org/Issues/overview.cfm?issue_type=gay_rights

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Snyder, R. (2006). Gay marriage and democracy. New York: Rowman & Littlefield.

Swank, E., & Fahs, B. (2013). An intersectional analysis of gender and race for sexual minorities who engage in gay and lesbian rights activism. Sex Roles, 68(11/12), 660–674. Retrieved December 30, 2014 from EBSCO online database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=87563775

Suggested Reading

Baunach, D. M. (2012). Changing same-sex marriage attitudes in America from 1988 through 2010. Public Opinion Quarterly, 76, 364–378. Retrieved November 11, 2013 from EBSCO online database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=84469252

Denike, M. (2007). Religion, rights, and relationships: The dream of relational equality. Hypatia, 22 , 71–91.

Lieber, L. (2007). Gender identity and expression in the workplace. Employment Relations Today, 33 , 91–96. Retrieved April 24, 2008 from EBSCO Online Database Gender Studies Database. http://search.ebscohost.com/login.aspx?direct=true&db=fmh&AN=23815633&site=ehost-live

Niedwiecki, A. (2014). Save our children: Overcoming the narrative that gays and lesbians are harmful to children. Duke Journal of Gender Law & Policy, 21, 125–175. Retrieved December 30, 2014 from EBSCO online database SocINDEX with Full Text. http://search.ebscohost.com/login.aspx?direct=true&db=sih&AN=94894273

Van der Vort, E. (2017). Revisiting demise through success: The lesbian and gay movement after Obergefell. Sociological Imagination, 53(1), 78–107. Retrieved January 8, 2018 from EBSCO Online Database Sociology Source Ultimate. http://search.ebscohost.com/login.aspx?direct=true&db=sxi&AN=125403699&site=ehost-live&scope=site