LGBT Midterm
What arguments did conservatives advance against marriage equality, and what are the counter-arguments to these? (4 arguments)
1. Marriage equality will harm the institution of marriage. No evidence. Heterosexuals are the ones with high divorce and cohabitation rates. Divorce rates in MA have remained steady, even though they were the first to allow same-sex marriage. 2. Marriage equality will harm children. Research is clear that claims of harm to children are false. Accusations of gay pedophiles are false. 90% pedophiles are men, and 95% of those are heterosexual. Children are safer with gay people. 3. Marriage is a religious institution. Perpetuating hate and bigotry is against religion. Marriage is a civil institution in the US, that often takes place in a religious setting, but not always. Separation of church and state means gov't can't force religious orgs to perform marriages, and religion can't dictate to gov't how to define marriage as a civil institution. 4. Marriage equality opens the door for other harmful types of relationships. Marriage equality seeks to legitimate only legal, consenting adult relationships, not incest, molestation, bestiality, or any other illegal relationship. It is possible that advocates of plural marriage may seek legitimation, but their numbers would have to grow in order to make this successful.
What societal attitudes delayed recognition of LGBT families?
"...the ways in which families are formed - the roles and functions families perform, their structure in terms of who occupies them, and the experiences of their members - are born out of the social, economic, cultural, political, and historical context in which those families exist"
Understand terms: heterosexual, homosexual, bisexual.
"Heterosexual" and "homosexual" are dichotomous terms that identify the gender of the person toward whom our emotional, romantic, or sexual attraction is directed. "Bisexual" means that you can be attracted to anyone in either gender category.
Why did some LGBT people not support the fight for marriage equality? (4 reasons)
1. Marriage is historically an oppressive institution built on inequalities of gender, race, social class, and sexuality. Why be a part of that? 2. Marriage is a dangerous institution because it lets the government decide whose family is legitimate. Some "normal-looking" LGBT folks will get in; others will not (perhaps polyamorous folks, drag queens, single moms, teen parents) and they will be pushed to the margins. 3. Not the most important issue.... LGBT APA (Asian-Pacific Islander Americans) make the case that racism and immigration are the most important federal issues. 4. If you have marriage, you also have divorce. Can't just walk away.
Why is marriage important to LGBT families? (4 reasons)
1. Marriage socially legitimates a group of people 2. Marriage comes with many economic benefits 3. Marriage is a civil right 4. There are currently no equal alternatives to o marriage in the United States
What were some of the early legal arguments in favor of marriage equality? (2 of these)
1970's: same-sex couples tried to use the "common-law tradition" - whatever is not prohibited must be allowed. The illegality of anti-miscegenation laws was used to argue for same-sex marriage.
Have attitudes toward LGBT people changed? In what way? Is this enough to be able to declare equality?
1973-mid 1990's: 65-75% of the population said that "sexual relations between two adults of the same sex" is "always wrong." (GSS). 1998-2006: 54% said this. 1973: 11.2% said homosexual relations were "not wrong at all." 2006: 32.3% said this. This is an improvement, but nevertheless, it means that 68% of Americans responded "always wrong," "almost always wrong," or "sometimes wrong." Gallup Poll in 2012: 54% said gay and lesbian relations are acceptable. Pew Research Center Poll in July 2012 said 48% of Americans favored marriage equality, while 44% oppose it. Gender, religion, race, age, geographic location, political affiliation all affect attitudes.
What was the first state to extend domestic partner benefits to public service workers? What year?
1997: Hawaii granted domestic partner benefits to public sector workers.
12. CA had a bumpy ride to marriage equality. What was Prop 22? What year was this? What was Prop 8? What year was this? What year did CA become the first state to institute domestic partner benefits? What did Gavin Newsom do? How did that turn out? When did it happen? Which lawsuit challenged Prop 8? What happened?
1999: CA became the first state to institute domestic partner benefits. 2002: Conservative backlash - Proposition 22 wrote into the state's Family Code that marriage is defined as between one man and one woman. 2004: San Francisco mayor Gavin Newsom said that under CA's Equal Protection clause, he could issue marriage licenses to same-sex couples. (Valentine's weekend that year.) March 2004: the CA Supreme Court banned same-sex marriage, but not before 4000 licenses had been issued. These marriages were invalidated later that year. May 2008, CA Supreme Court nullified Proposition 22. This gave same-sex couples the right to marry within the state. Later in 2008, opponents of marriage equality put Proposition 8 on the ballot, to institute a state constitutional amendment saying that marriage is defined as between one man and one woman. Arnold Schwarzenegger (governor) was against Prop. 8. Prop 8 passed, with 52% of the population voting in favor of it. The CA Supreme Court upheld it, but said that the 18,000 couples who had already gotten married (between May 2008 and May 2009) would still be considered to be legally married. Lawsuit: Perry v. Schwarzenegger, challenged Prop 8, saying that it "violated Due Process and Equal Protection Clauses of the US Constitution." (First federal challenge.) Federal Judge Vaughn Walker agreed August 8, 2010. Ninth Circuit Court of Appeals let opponents file an appeal. Then they also found Prop 8 to be unconstitutional, and the appeal went to the US Supreme Court. US Supreme Court heard the Prop 8 case in Hollingsworth vs. Perry, and found that those in favor of Prop 8 had no legal standing, and reverted back to Walker's 2010 ruling, returning marriage equality to CA.
What was the first state to pass a "Civil Union law?" What year?
2000: Vermont passed "Civil Union Law" that granted same-sex partners in the state "all of the state-level rights and responsibilities of marriage."
What was the backlash against this movement at the state level?
2003: Massachusetts passed marriage equality laws (first-ever).
What was the backlash against this movement at the federal level? (unsuccessful twice)
2004: 38 states passed DOMA laws to make sure that marriage was defined at the state level between one man and one woman. Also to make sure that marriages that took place in states that had marriage equality would not be recognized in these states. Since 2004, 22 states and the District of Columbia began offering same-sex marriage, civil unions, or domestic partner benefits.
When did marriage in the US become defined as "between one man and one woman?' Which legal statute did this?
2004: 38 states passed DOMA laws to make sure that marriage was defined at the state level between one man and one woman. Also to make sure that marriages that took place in states that had marriage equality would not be recognized in these states. Until DOMA (1996) laws did not specifically state that marriage had to be between a man and a woman.
Are there more than a few LGBT folks affected by marriage equality? What part of the US do same-sex couples live? Do many of these couples have children?
2010: 594,000 same-sex partner households that were willing to answer the census questions identifying themselves as such. This is 1% of the population, which was present in 99% of all the counties in the U.S. Of these 594,000, 19.3% had children, 84% of whom were children of the householder. In 2008, 13.9% of male-male households and 26.5% of female-female households had children. (This represents an increase from 2000, when only 5% of partnered male households and 22% of partnered lesbian households had children.)
What is the definition of civil rights?
Civil rights: refers to a group of people's rights to be counted and treated as full citizens in the United States, with all the rights and privileges granted by the nation's rule of law.
What is the concern with the term "transsexual"?
Concern is confusion: Transgender includes anyone who does not feel comfortable in the gender role they were attributed with at birth or who has a gender identity at odds with the labels "man' or "woman" credited to them by formal authorities. Transsexual, which refers to people who feel a strong desire to change their sexual morphology in order to live entirely as a permanent, full-time member of the gender other than the one they were assigned to at birth.
How did the HIV/AIDS epidemic contribute to the strength and acceptance of LBGT families? (3 specific consequences)
Consequence 1. Brought separate sexual and gender communities together. Homophobia and biphobia were heightened because the illness was seen as a gay male illness, and it was thought that bisexual men would transfer it to straight women. The community began to reach across racial, gender, and sexual lines to each other to deal with this. Consequence 2. The epidemic revealed how much disdain the larger society had for relationships among LGBT people. Consequence 3. Gay men and lesbians began to have and adopt children in the 1980s, in part to counteract all the deaths the community had experienced. Also, many of the children adopted by early LGBT parents were infected with the virus themselves, and the community felt they had a unique perspective to offer parenting children with this special need.
Be able to articulate the conservative perspective in the ideological battle around LGBT families.
Conservatives, who worry about "the decline of the family," identify with religious leaders, politicians, and certain social scientists who argue that families are changing because Americans no longer value the traditional nuclear family (dad at work, mom at home, children, home ownership....symbolizing security and independence.) Conservatives argue that the breakdown of the traditional nuclear family causes poverty, teen pregnancy, divorce, drug use, crime, and poor education. Conservatives cite biological differences between men and women to justify this specific family form, saying women are meant to be caregivers, and men are meant to provide. Also, without a father present, the family cannot function properly
What does the term "cross-dresser" mean? Who does this apply to?
Cross-dresser: people who like to wear clothing that is traditionally or stereotypically worn by another gender in their culture. These folks are usually comfortable with their gender and don't wish to change it.
Understand the social construction of sexual and gender categories and definitions.
Difficult, because these categories are socially constructed, and are a product of the social, cultural, political, economic, and historical context in which they emerge.
How do people who are gender fluid make these definitions difficult?
Difficulty: if we ourselves are not committed to a specific gender category, this makes defining sexual orientation by the rules listed above problematic.
What are some of the ways in which marriage has changed in the last 50 years?
Divorce rates have increased Unwed births have increased Cohabitation without marriage has increased LGBT couples with children have increased Rate of marriage of women between the ages of 15-44 has decreased Rates of marriage of women aged 18 and over has decreased In 2008: 52% of adults are married
What do the terms "drag queen" and "drag king" mean?
Drag queens and drag kings are men and women who cross-dress in order to entertain.
What is emphasized femininity?
Emphasized femininity is oriented to accommodating the interests and desires of men. It works to keep patriarchal power in place by having women conform to an ideal womanhood that benefits men.
What is the sociological definition of family?
Family is a social institution found in all societies comprising two or more people related by birth, law, or intimate affectionate relationships, who may or may not reside together
Why is understanding the situation of LGBT people as human rights issues important?
First-ever UN report on human rights, sexual orientation, and gender identity. Recommends repealing laws that prohibit same-sex relations between consenting adults, thoroughly investigating any crimes or killings committed against those for reasons of real or perceived gender identity or sexual orientation, enacting anti discrimination legislation, providing sensitivity training to police and other law enforcement personnel, and supporting public information campaigns to reduce homophobia and promote acceptance. Making this a human rights issue is a first important step down a long road globally.
What four factors led to the development of the current development of LGBT families and their recent social acceptance?
Four factors have led to the current development: 1. Gay liberation movement 2. Women's rights movement 3. HIV/AIDS epidemic 4. Development of reproductive and conceptive technologies
Why are gender-neutral pronouns important to some gender fluid or gender-queer folks?
Gender-neutral pronouns: ze or sie (instead of he or she), hir (instead of his or her), and they (instead of he or she) and them (instead of him or her.)
In what ways did the Gay Liberation Movement contribute to the strength and acceptance of LGBT families?
Instrumental in helping people not in dominant categories develop a positive self image.
Be able to articulate the progressive perspective the ideological battle around LGBT families.
Largely made up of historians and social scientists, who argue that as society changes, families change.j Diverse family forms have developed historically as survival strategies in response to adverse social, economic, and cultural changes. They are not the cause of social ills; rather, they are responding to the conditions. Biological ties are not necessary since both motherhood and fatherhood are socially constructed. Fathers, for example, develop nurturing skills when they are the child's primary caregiver. Rigid divisions of labor based on gender are not feasible or beneficial to most families. Children from families with divorced parents or stepparents have comparable outcomes to children from a two biological parent home. Children from LGBT families are also comparable to children from "traditional" families, with positive psychological and social health. Family forms change to survive structural changes, and are positive responses to negative social forces.
In what ways does marriage protect sick or injured spouses and their partners?
Marriage protects couples when dealing with a sick or injured spouse in 4 major ways: Hospital visitation rights At nursing homes and assisted care facilities The Family Medical Leave Act Health Insurance
Also: gay, lesbian, bisexual, pansexual, straight, transgender, cisgender. Can you always tell a person's sexual orientation by the relationships they choose?
NO
How do intersex people call into question the sex binary of male and female? In reality, can every person b categorized as either male or female?
New problem: Intersex people are neither completely "male" or "female" by these rigid definitions. In fact, there are probably 5 categories that can be identified. Therefore, the false dichotomy is limiting.
Which court case did the US Supreme Court decide where marriage equality became the law of the land?
Obergefell v. Hodges (Ohio) Decided by the court under the heading of Obergefell on June 26, 2015, a 5-4 majority of justices led by Justice Anthony Kennedy reversed the Sixth Circuit's upholding of state bans and declared that same-sex couples have the constitutional rights to marry and to have their marriages recognized. Obergefel therefore overturned the Court's own prior ruling.
What are the counter-arguments to these?
People get married all the time who do not plan to ever have children. People procreate outside of marriage, and having children is not a requirement of getting married. Infertile people are allowed to get married. Children raised by single parents do not have "confused gender roles."
What is the legal definition of the family?
People who are connected only by bloodlines or legal ties (marriage, adoption, legal guardianship, foster care) are included in the definition of family.
According to the APA, what is the difference between "sex" and "gender"?
The American Psychological Association has made distinctions between "sex" and "gender" that can sometimes be useful in complicated situations. "Sex" refers to the biological makeup that determines if a person is physically male or female. "Gender" refers to the socially learned behaviors and expectations associated with being men and women.
How did the Gay Liberation Movement learn to organize?
The Civil Rights Movement of the 1960s provided lessons to the Gay Liberation Movement in how to organize.
What is the Kinsey scale?
The Kinsey Scale (0 to 6) helped people understand that sexual desire could be on a continuum, from exclusively heterosexual to exclusively homosexual.
In how many federal statutory provisions is marital status a factor in determining or receiving benefits, rights, and privileges?
The US General Accounting Office (1997) listed 1049 federal laws classified to the US Code in which marital status is a factor. They updated this to 1138 federal statutory provisions in which marital status is a factor in determining or receiving benefits, rights and privileges.
What was the Stonewall Rebellion?
The sense of pride in identity grew after Stonewall, where LGBT bar-goers revolted against police at the Stonewall Bar in New York City on June 28, 1969.
Into how many categories of law does your book divide these economic effects?
There are 13 categories of law into which these economic effects can be categorized; we will discuss 3: Hospital Visitation, Health Care, and Medical Issues; Social Security Benefits, Pensions, and Estate/Inheritance Taxes; and Immigration.
n what ways did the Women's Rights Movement contribute to the strength and acceptance of LGBT families?
This movement, populated by what we call "second-wave feminists" was instrumental in helping to develop the LGBT community's access to the term "families." The development of a feminist consciousness meant that, in women-only spaces, participants began to explore lesbian relationships, and take control of their own bodies Women of color began examining the relationship between gender and racial oppression, using insights from both the CRM and the WRM. In general, feminists of all colors began to see sexual relationships as primarily for pleasure instead of procreation, and this made the sharp distinctions between heterosexual and same-sex relationships diminish.
What is the situation for LGBT people in Uganda?
Uganda: David Bahati introduced the Uganda Anti-Homosexuality Bill. A gay person could go to prison for life or even receive the death penalty. Signed into law by President Yoweri Museveni February 2014.
Describe the US Supreme Court case that Edie brought forward after she had to pay taxes upon inheriting Thea's estate.
When Thea died in 2009 after she and Edie got married in Canada in 2007, Thea left Edie as the heir of her estate. DOMA did not allow the federal government to recognize their marriage (even though the state of NY did) and Edie had to pay $363, 053 in estate taxes (which she would not have had to pay if the government had recognized their marriage.) Edith Windsor filed a lawsuit that landed in the US Supreme Court on March 27, 2013. Three months later, 5-4 decision, the Court decided that DOMA was unconstitutional, in violation of the 5th Amendment.
How does marriage help couples who are bi-national in terms of immigration status?
Without federal recognition of marriage equality, bi-national couples were unable to petition for their spouses to come legally to the US. Even in states where marriage equality existed, the non-citizen partner could be deported.
What do we mean by "false dichotomies?"
false dichotomies: gay vs. straight and male vs. female. a dichotomy that is not jointly exhaustive, or that is not mutually exclusive, or that is possibly neither
What are the functions of marriage?
legitimates sexual relations, the raising of children, living arrangements, economic relationships, the organization of property and inheritance rights, sharing and dividing household responsibilities, establishing cooperative relationships between families and communities, and sharing one's life with a loved one.
How does Mezey define LGBT families?
two or more people related by birth, law, or intimate affectionate relationships, who may or may not reside together, and where the LGBT identity of at least one family member impacts other family members in some meaningful way.
is marriage a "cultural universal?"
Almost every group of humans has used some form of marriage to organize family and kin networks.
Can the functions of marriage be performed without the institution of marriage?
Also, all the previously mentioned functions of marriage do not require marriage in order to function. For example, you do not need to be married in order to make a commitment to the person you love.
When marriage equality was offered at the state level, what was the response from these couples? Did they rush to marry or did they ignore their new rights?
As states began to allow couples to marry, there were many couples who immediately did so
In what ways can marriage equality help all of our families?
BT families are doing well, particularly when children are involved. Research shows that children often fare better in terms of mental health than children with heterosexual parents. Children are less likely to be sexually abused in LGBT families. Marriage rates among LGBT people have increased, and have not contributed to an increase in divorce rates. LGBT families actually provide great role models for the rest of our families in terms of parenting and division of labor between the adults .
What is masculinity? Femininity?
Based on the biological categories of male (XY chromosomes) and female (XX chromosomes), the categories of masculinity and femininity have gained social meaning. Masculinity is the collection of cultural ideas, beliefs, values, and norms that shape what dominant society considers appropriate social actions for those assigned the status of boys and men. Femininity is the collection of cultural ideas, beliefs, values, and norms that shape what dominant society considers appropriate social actions for those assigned the status of girls and women.
What are the arguments used against the civil rights arguments for marriage equality?
Being a member of the LGBT community is a lifestyle choice, not a biological category like race (this is also not true; race is socially constructed as sociologists know, not biologically determined.) Being a member of the LGBT community is an essentially upper-class white status, and such people do not deserve "special rights." Gay men earn 20-25% less than straight men. Lesbian couples earn less than heterosexual couples because women earn less than men and there is no male wage-earner in the couple. It is the media who portrays wealthy white gay men at lavish parties; this is not most people's reality.
What factors influence attitudes toward marriage equality and LGBT folks? In what ways?
Gender: women are more accepting of marriage equality. Religion: non-Christians more accepting. Among Christians, Catholics are more accepting (2x more) than Protestants. 51% of Catholics polled said marriage equality should be legal. Age: Younger people are more accepting of marriage equality. Geographic location: those who live in the East, West, and Midwest are more accepting than those who live in the South. Political affiliation: Democrats were more accepting (65%) than Independents (51%) or Republicans (24%). Race: complicated! Interaction effect for Blacks who belong to conservative churches. 2/3 of African-Americans belong to religious organizations who oppose LGBT equality. Only 1/3 of Whites belong to such organizations. History of Whites demonizing Black sexuality. Strong motivation to distance the Black community from "deviant" sexuality. Latinos: 73% are Catholic vs. 23% more conservative Protestant. Those who are affiliated with Protestant Evangelicals are more opposed to marriage equality, compared to Catholic and secular Latinos. Other differences for Latinos: women, young people, urban, higher education, native born, and recently immigrated are more supportive of marriage equality Asian Americans represent an incredibly diverse cultural grouping. Not fair to make generalizations. Also, there has not been much study on this issue among various Asian communities. In 2004, 7000 Chinese Americans and their church groups protested in San Francisco against marriage equality. Other studies show Koreans are not supportive of marriage equality, due to the influence of Confucius values among older people as well as Christian Evangelical values. Nearly 75% of Korean Americans are Christian and believe that homosexuality is a choice that can be reversed
What does the term "genderqueer" mean?
Genderqueer are people who identify their gender as falling outside the binary constructs of male and female. They may see their identity as falling on a continuum between these two, or wholly apart from it.
In Gerstmann's study, what were the arguments against civil rights for marriage equality?
Gerstmann's study: "Why would same-sex marriage not be included under the fundamental right to marry? The right to marry is a predicate of the right to procreate and raise children in a traditional family setting. The ability to have children is at the core of marriage. Marriage is by definition dual-gendered.
What is hegemonic masculinity?
Hegemonic masculinity is the most dominant and socially accepted form of masculinity that maintains patriarchy and dominance over women and other men. It works to keep women subordinate to men and to humiliate men who stray from dominant definitions of accepted masculinity (such as gay men.)
Understand terms: homophobia, biphobia, transphobia, and heterosexism.
Homophobia:dislike of or prejudice against homosexual people. Biphobia: dislike or or prejudice against bisexual people Transphobia: dislike or prejudice against transgender people Hetoersexism: discrimination or prejudice against homosexuals on the assumption that heterosexuality is the normal sexual orientation.
In what ways does marriage help the surviving spouses of loved ones who have died?
If you are married and your partner dies, you will receive payments from Social Security, based on the payroll taxes your partner paid through the years of employment. If you have a 401K and you specify your partner as beneficiary, if you are not married, your partner will have to pay 20% of this in federal taxes. (1 in 10 LGBT couples has a partner over 65 years old.) This especially affects lesbians, who, over their lifetimes, have earned less than men. LGBT people also tend to care for other, even unrelated, people at a higher rate. This is because people form family ties with "fictive kin" when their own families reject them. If you die and your spouse inherits your property, and you are not married, they have to pay estate taxes from which married widows are exempt.
Why are LGBT people not content with a "separate but equal" approach to their relationships?
Separate but equal doesn't work. Cultural legitimacy: marriage is at the top of the hierarchy for status. Civil unions do not equal that. Economically: even if you are married in a state that allows it, until the federal government recognized it, as a spouse you were not entitled to any benefits.
What are the 3 documents that are supportive of a worldwide greater acceptance of LGBT people?
he Declaration of Montreal: Introduced by participants of the International Conference on LGBT Human Rights, held in Canada 2006. Attempts to summarize the demands of the international LGBT movement in the broadest sense. Could serve as a basis for political discussion on a human rights platform. Yogyakarta Principles on the Application of Human Rights Law in Relation to Sexual Orientation: 2007 group of human rights experts who wanted to identify the obligation of the States to respect, protect, and fulfill the human rights of all persons regardless of their sexual orientation or gender identity. A third document: Discriminatory Laws and Practices and Acts of Violence Against Individuals based on Their Sexual Orientation and Gender Identity (2011).
Does this perspective affect real families, and if so, how?
these ideas have affected real LGBT families. The issue of marriage is important to conservatives because they see a heterosexual marriage as the basis of the family, and the basis of society. They point to research that states that married people live longer lives, have greater financial stability, better physical and mental health for married people, and more sexual satisfaction than for non-married people. Increased divorce, and fewer people getting married means family decline and increased social problems.