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EQUALITY: A MOVEMENT
It was Friday June 27, 1969. New York's crime syndicates are extorting large sums of
protection money from gay bars. Any who can, or will, not pay are either persuaded or
closed down after a visit from NYCPD's Public Morals Section, who enforce the Mafia's
stranglehold on the city's gay bars. The detectives from the Public Morals Section have
no reason to believe that tonight's raid on the gay Stonewall Inn will be anything but
brief and businesslike. They arrest two bartenders, three drag queens, and a lesbian. The
customers are allowed to leave one-by-one. A crowd of these customers quickly gathers
outside the Stonewall Inn. Cries of defiance and cheers begin to rise from the swelling
crowd (Lesbian).
Soon, the crowd becomes an angry mob. Out numbered, with no place to go, the police seek
cover inside the Stonewall, bolting the heavy wooden door against the crowd. Outside an
uprooted parking meter is used as a makeshift battering ram, the door flies open. Someone
pours lighter fluid through a broken window-- a match is thrown and the bar is in flames
as police reinforcements begin to arrive.
By Sunday morning the riot has burnt itself out. Intermittent small incidents take place
over the next four nights but the pent-up anger and fury of the gay community has been
exhausted and replaced by an emotion they have never experienced before, pride. Within a
month the first Gay Liberation Front meeting is held in New York (Lesbian).
Every year following the riot, now referred to simply as "Stonewall", Americans, gay and
straight alike, come together in almost every city across the country. They come together
in remembrance of Stonewall, prior struggles for equality, and just to make sure
that the rest of the world knows that they exist and will never give in to oppression.
The purpose of the gay rights movement is to prompt open minded Americans to get involved
by finding, joining and supporting state federal, legal, educational and family groups;
in order to gain societal equality for all homosexual, bisexual, and transgendered
Americans.
Since the 1960's, societal equality and acceptance has eluded the gay rights movement;
consequently, there has been all-too-often occurrences of hate crimes that are in dire
need of legislation against them; therefore, our society needs to be educated in
understanding in order to increase the chances of passing equal rights laws, and the
federal government needs to provide the same protection against housing discrimination,
employment discrimination, and basic human rights discrimination for homosexual
Americans.
Hate Crimes
In every stage of these Oppressions We have Petitioned for Redress in the
most humble terms: Our repeated Petitions have been answered only by
repeated injury (Jefferson par. 30).
Alan Schindler joined the Navy to see the world. He joined the Navy to serve his country
and earn money for college. In his eyes, these things were possible; it didn't matter
that he was gay. He soon found out, though, that others he was serving with didn't hold
these same beliefs. Schindler told his friends and family of being harassed by other
shipmates. He said that when he admitted to a legal officer that he was homosexual, it
was an act of both liberation and desperation, because by then, afraid for his life, he
wanted out of the Navy (Lavin A-14).
Airman Apprentice Terry M. Helvey had initially developed a dislike for Schindler a year
before, and was resentful at how Schindler had bossed him around on cleanup duty. His
dislike grew more intense when word spread that Schindler was gay and was about to be
discharged. On the night of October 27, 1993 Helvey and Airman Charles E. Vins went to a
movie, then headed toward a park just outside the base in Japan, where they saw Schindler
walking alone and decided to harass him (Lavin A-14).
When Schindler went into a public bathroom, Helvey and Vins followed. Both hit and kicked
Schindler, with Helvey striking the major blows. When the assailants left a few minutes
later, Schindler's face was destroyed and several internal organs were injured, including
mortal wounds to his heart and liver (Lavin A-14).
There are many ways to rob a person. All police see many victims. Most of them, relieved
of their wallets or purses, wear expressions of shock and walk warily. Some bear the
marks of a gun pressed against the small of their backs or of the abrasions of a gloved
hand on their throats. The Laramie, Wyoming police who were called to the scene of
Matthew Shepard's murder, first were quoted as saying that robbery outside a bar was the
primary motive for the attack, evidently by two men charged with the crime.
Shepard, a student who made no secret of the fact that he was gay, did not get
away with only a bruise. He was not found outside a bar, left to gather his senses and
his remaining possessions. Two men lured Matthew out of a bar and into a pick-up, where
they began to pistol-whip him while driving to a remote location. They then tied
Matthew spread-eagled to a split-rail fence and bludgeoned his skull repeatedly with the
butt of a .357 Magnum. He was left tied to the fence, in below freezing temperatures,
until a bicyclist, initially thinking he was a scarecrow, found him unconscious 18 hours
later. Rushed to the hospital, Shepard remained in a coma and never regained
consciousness. The girlfriends of the killers connected the murder to the fact that
Shepard was gay (Scott's).
Russell Henderson, the first man charged for Shepard's murder, plead guilty to the
charges against him, and was given two consecutive life sentences on April 5, 1999.
It is my hope that Russell Henderson will die in Wyoming State Penitentiary, Albany
county prosecutor Cal Rerucha said (qtd. in O'Brien N-1).
Rerucha also said that Aaron McKinney's case, the second man charged with the death of
Matthew Shepard, would definitely be a death penalty case (qtd. in O'Brien N-1).
McKinney was found guilty on charges of felony murder, second-degree murder, aggravated
robbery, and kidnapping on November 3, 1999. McKinney will serve two consecutive life
sentences for his role in Shepard's death after a sentencing agreement between defense
lawyers and the Shepard family to spare the defendant's life. As part of the agreement,
McKinney waives all rights to any appeal and parole (Whitaker N-7).
I would like nothing better than to see you die, Mr. McKinney, Dennis Shepard, Matthew
Shepard's father, said. However, this is the time to begin the healing process. To show
mercy to someone who refused to show any mercy…I'm going to grant you life, as hard
as it is for me to do so, because of Matthew (qtd. in Whitaker N-7).
Dennis Shepard said this trial was necessary to show the world that this was a hate
crime and not a robbery gone bad (qtd. In Whitaker N-7).
Describing his son as nice and tolerant of all people, he said, "He was not my gay son.
He was my son who happened to be gay. I loved my son...and was proud of him. You robbed
me of something very precious and I will never forgive you for that. Mr. McKinney, I give
you life in the memory of one who no longer lives. May you have a long life and may you
thank Matthew everyday for it (qtd. In Whitaker N-8).
The death of Matthew Shepard forced the political world to face up to the issue of
hate-crime legislation. It also stirred the religious world to reappraise its own
concepts of hate and crime, love and civility. They are being beckoned to rethink all
their old slogans about loving the sinner but hating the sin. Hating the sin is a good
idea, unfortunately, it is the one called the sinner who gets violated and murdered. Gay
activists hold Shepard as an icon to inspire new resolve to change the legal climate. To
lawmakers who have resisted passing hate-crime legislation, he is just one more irritant
to explain away or ignore.
What the Law Says
We hold these truths to be self-evident, that all men are created equal…with
certain unalienable Rights…among these are Life, Liberty and the pursuit
of Happiness…That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter or to abolish
it…it is their right…to throw off such Government… (Jefferson par. 2)
In most countries, married couples exercise certain rights. These rights may be civil
(such as the right not to have a spouse testify against one in a court of law), social
(such as adoption rights), or economic (such as the right to file a joint tax return).
They vary
widely from country to country. These rights may include, but aren't limited to (see
Fig.
1): the right to joint custody of children; the right to adopt children; rights to
inherit one another's property; spousal immigration rights, including the right to extend
one's citizenship to one's spouse and children; rights to power of attorney; co-ownership
of property; execution of living wills and/or medical decision-making power in cases of
incapacitation; rights to share insurance and pension benefits; and the right to receive
and dispose of a spouse's body in the event of death (Partnership).
Governments that have created registries for same-sex couples have approached the issue
in terms of equal protection and non-discrimination, and have avoided infringing on the
rights of religious organizations to control their own policies with regard to same-sex
unions. Legislators, policymakers, and human rights advocates have begun to address both
inequities within the marriage relationship, and inequities between married relationships
and other forms of existence.
Making a lifelong commitment to another person is something no one should
be denied. It is an individual, personal, and probably one of the most important
decisions two people can make - and it should be made without government interference.
Many lesbian and gay Americans are in committed, long-term relationships often taking on
many of the responsibilities associated with civil marriage. Unlike legally
married people, however, lesbian and gay people cannot share in the economic and legal
benefits of civil marriage.
The Bill of Rights in the United States Constitution would only be well-meaning promises
if people did not fight to protect them. The American Civil Liberties Union is
the leading national organization dedicated to defending and extending civil liberties,
including same-sex marriage, for all people in this country (About).
Solutions
Since their founding in 1920, the ACLU has learned that liberty must be defended over and
over again. That's why ACLU attorneys stand before the Supreme Court more often than
anyone else except for the federal government itself. And for every case they bring
before the Supreme Court, they bring hundreds more nationwide to lower courts and school
boards (About).
The ACLU fights for the rights of all Americans. However, the Lambda Legal Defense
exclusively fights for lesbian, gay, bisexual, and transgendered Americans. They also
played a major role in a landmark decision in Vermont this year.
On December 20, 1999, the Vermont Supreme Court ruled that it was unconstitutional to
deny marriage licenses to same-sex couples in that state. Rather than simply legalizing
same-sex marriage, the court ordered the state Legislature to craft a solution. In March
and April 2000, the Vermont Congress passed a comprehensive "civil-union" bill. Although
he was under intense pressure by religious right organizations to veto the bill, Gov.
Howard Dean showed his commitment to equality by signing the historic piece of
legislation April 26, 2000 ("Dean" pars. 1, 4). The "civil union" bill allows for
lesbians and gays living in Vermont to take part in civil unions, just as heterosexual
couples can
marry. Same-sex couples will be entitled to all 300 or more benefits available under
state law to married couples--including medical decisions, estate inheritance, overseeing
burials, transferring property and certain tax breaks. Town clerks will be authorized to
give same-sex couples licenses, and clergy, justices of the peace or judges will make
their
unions official. Family divorce courts will handle the dissolution of civil unions
("Dean" pars. 32-38).
Our community has raised the public's consciousness exponentially on the issue of equal
marriage, writes Elizabeth Birch, executive director of the Human Rights Campaign, in
e-mail. …the Vermont Supreme Court spoke compellingly about 'our common
humanity.'…"(Birch)
The mission of the Lambda Legal Defense is "to create social change and achieve full
civil rights, dignity, and self-respect for gay, lesbian, and bisexual individuals
through education, youth advocacy, anti-violence efforts, and fighting discrimination of
all forms, to achieve full participation in society of persons belonging to a sexual
minority (Lambda)." The Lambda Legal defense is a main player in many Courts-Martial
cases dealing with homosexual misconduct in the military.
The majority of conservative Americans believe that exposure to just the issue of
homosexuality will either scar their children and/or lead them to become homosexual
themselves. Most reasonable people will agree that the way to raise awareness and
understanding in adults is to educate them.
Released in 1996, "IT'S ELEMENTARY: Talking About Gay Issues In School", is a
highly acclaimed film shot in first through eighth grade classrooms across the United
States. The film is a window into what really happens when educators address gay issues
with their students in age-appropriate ways (Irvine).
IT'S ELEMENTARY demystifies what it means to talk with kids about gay people.
The film makes a compelling argument that anti-gay prejudice and violence can be
prevented if children have an opportunity to have these discussions when they're young
(Irvine).
Since its release, the producers have run a remarkably successful grassroots distribution
campaign, intended to make IT'S ELEMENTARY accessible to every conceivable type of
institution working with children today. Through this effort,
the film has had an unprecedented impact, creating activism and public dialogue about
dealing with lesbian and gay issues in schools(Irvine).
On May 20, 1996 the U.S. Supreme Court ruled that the passing of Colorado's Amendment 2
was unconstitutional. The Amendment made it possible for employers, landlords, and anyone
in a position of power to discriminate, legally against people if they were homosexual.
The ruling marked the promise of Equal Protection a reality for lesbian, gay, and
bisexual Americans. For the first time, the Supreme Court ruled that the government may
not pass laws that single out lesbians and gay Americans for second-class status. This
ruling was important because it was expected to bring an end to the anti-gay initiatives
that had been proposed in states, cities and towns across the country over the past
decade. Just as important, it established as a general principle that lesbians and gay
men were entitled to the same constitutional protections granted to everyone else.
This was a profound ruling; one based on long-standing principles that would bring our
country closer to the vision of equality outlined in the Bill of Rights.
Moreover, the Court firmly rejected the special rights rhetoric of those who would
exclude lesbians and gay men from political life in America. In doing so, the Justices
disarmed a major component of the anti-gay agenda. Laws which protected people from
discrimination, the Court unequivocally stated, provide equal rights, not special rights.
Conclusion
Since the riot at Stonewall, the gay rights movement has been fighting for the rights of
gay and lesbian Americans. Although, with help from the ACLU and the LAMBDA Legal
Defense, they have made great headway, there is so much work left to be done. Gay and
lesbian Americans are fighting a war with legislators for equal rights at both the state
and federal level. It is a war that has been fought for decades. America is a country
based on equality, not hostility, and fear
Bibliography
Scott 12
Works Cited
About ACLU. Home Page. 15 Sep. 2000. ACLU. 28 Oct. 2000.
.
Birch, Elizabeth. "Re: Gay Marriage." E-Mail to the author. 19 Oct. 2000.
"Dean Signs Civil Unions Into Law." 1 Jul. 2000. Online posting. The Burlington Free
Press. 28 Oct. 2000. .
Jefferson, Thomas. "Declaration of Independence: A Transcription." 4 Jul. 1776.
Online posting. National Archives and Records Administration. 11 Nov. 2000.
.
LAMBDA GLBT Community Services. Home Page. 1998-2000. LAMBDA Legal
Defense. 28 Oct. 2000. .
Lavin, Cheryl. "Brutal Murder Made Him A Symbol." Chicago Tribune. 28 May 1993:
A-14.
Lesbian & Gay liberation over the years. Home Page. 26 June 1997. The Pride Trust.
12 Oct. 2000. .
Irvine, Martha. "Gay Awareness Film Sparks Debate." 31 August 1999. Associated
Press. 1 Sep. 1999.
.
News. U.S. Supreme Court. 20 May 1996. ACLU. 12 Oct 2000.
.
Partnership/Marriage. Home Page. 1996. GayLawNews. 12 Oct. 2000.
.
Scott's Home Page. 10 Dec. 1999. Matthew Shepard. 12 Oct. 2000.
.
Scott 13
O'Brien, Jay. "Henderson Pleads Guilty." University of Wyoming Branding Iron.
6 Apr. 1999: N-1.
Whitaker, Tad. "McKinney Avoids Death." University of Wyoming Branding Iron.
4 Nov. 1999: N-7,8.
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