Legal Rights of Homosexual People
Homosexual individuals are entitled to most of the same rights as heterosexual Americans. They are allowed to vote, speak and worship as they please and are protected under law. However, because gay marriage is illegal in most states, homosexuals are not allowed to marry a partner of the same gender. As such, they are not eligible to receive many of the tax and legal benefits that come along with being married. This has sparked a debate about the right of homosexuals to marry whom they choose.
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Rights in Theory, Rights in Practice
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Although U.S. law does not allow discrimination, mistreatment or persecution of any individual based on sexual orientation, many homosexuals still encounter discrimination. This can take the form of being denied a job, housing or service at a store. For example, it is difficult for homosexual men to be hired as teachers due to parental concern. Although such practices are technically illegal, they still happen and very few cases are ever brought to trial.
The Right to Choose Whom You Marry
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The most well known issue regarding gay rights is marriage. At present, most states do not allow the marriage of two individuals of the same gender. The homosexual community has fought against this for years, claiming that it is a violation of their rights not to be allowed to legally marry. Gay partners who cannot legally marry are faced with a number of unique challenges. For example, a spouse can make serious medical decisions for a partner, while a gay partner cannot legally do so. Gay partners who share finances do not receive the tax benefits that come from being married.
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Don't Ask, Don't Tell
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In the 1990's, President Clinton addressed the issue of homosexuals in the military by instituting the policy Don't Ask, Don't tell. This meant that no military personnel could be required to reveal their sexual orientation. However, if someone did reveal that he was a homosexual while in the military, there were no clear protections in place to prevent discrimination. In 2010, President Obama repealed Don't Ask, Don't tell. Homosexuals in the military can now be open about their sexual orientation without fear of persecution or discrimination.
Parenthood
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Many gay couples are raising their own biological children; others choose adoption. The adoption process is more complicated and lengthy for homosexual parents than it is for heterosexual parents. When a married heterosexual couple adopts a child, there is a streamlined legal process that facilitates joint custody. However, since gay couples cannot marry in most states, each partner must pursue adoption as a separate individual. If one partner has a biological child, the other must the child to have any legal rights as a parent. The gay community has spoken out against this, saying that it is discriminatory.
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References
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