SW Final Flashcards
State and Federal Policy Domains to Consider
Protection from hate crimes Employment discrimination Adoption Best practices in school settings Comfort in critical service arenas (ex, elder care facilities)
Paying attention to basic rights of citizenship
land, marriage, privacy rights
What is legislation often names after?
galvanizing events that dramatize a struggle
Hate Crimes Law (1969)
- allowed federal prosecution of a hate crime only if the crime was motivated by race, religion, national origin, or color
- applicable only if the assailant intended to prevent victims from exercising a federally protected right
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
-extends federal hate-crime laws to include crimes that target a victim based on his or her “actual or perceived” gender, sexual orientation, gender identity or disability
Are hate crimes usually under or over reported
underreported
State hate crimes legislation
Interim steps of the marriage equality movement?
- State sodomy laws
- changing social attitudes
- changes in the Oval Office
- domestic partnership
- state variation
- marriage equality in states before Supreme Court Decision - “normalizing effect”
- 15 states and DC have laws addressing hate crimes motivated by bias against the victim’s sexual orientation or gender identity
- 15 have laws addressing bias based on sexual orientation but not gender identity
- 5 states do not have hate crime laws that include crimes based on any characteristics
Employee Non-Discrimination Act
- 29 states: fired for being fay, lesbian or bisezual
- 37 states: fired for being transgender
introduced in congress(2007) would make it illegal to fire, refuse to hire or refuse to promote promote an employee based on sexual orientation or gender identity.
Re-introduced in Congress.
The make-up of Congress defines what issues will be taken up.
What was the Marriage Equality movement like?
- Well-organized, single focus, state to state
- modelled, explicitly on Loving v. Virginia
- part of a long-term strategy among the Gay Rights Litigators’ roundtable
Interim steps of the marriage equality movement?
- State sodomy laws
- changing social attitudes
- changes in the Oval Office
- domestic partnership
- state variation
- marriage equality in states before Supreme Court Decision - “normalizing effect”
conceptual framing of the marriage equality movement?
- marriage as a cornerstone to society
- many benefits(state, federal, institutions)
- internal debates in the movement about the cost of this approach
- age-cohort discussions within movement
- older people cared more about marriage than younger people
What are the benefits of marriage?
Legal recognition of a relationship that carries with it rights and benefits:
- right to make health care decision if partner incapacitated
- right to survivor’s benefits (also an issue for children who cannot be legally adopted)
- tax benefits
- end of life decision
- dispensation of property upon death
Defense of Marriage Act of 1996(DOMA
- No state is required to give effect to a law of any other state with respect to a same-sex marriage or domestic partnership
- Defines the word “marriage” and “spouse” for purposes of federal law to include only members of the opposite sex.
- President Obama changed his mind on the issue before the Supreme Court decision and declined to enforce provisions of DOMA.
- Another implication is that the Attorney General was in-line with the President’s choice not to enforce this provision which was federal law.
Repeal of Don’t ask Don’t Tell
President Obama repealed this policy in 2011
Think about the substantial benefits granted to service members and their families expanded to same sex couples and their children.
Benefits include base housing, health insurance, certain death benefits, legal counseling and access to base commissaries and other stores.
Timeline for the Marriage Equality Movement
Movement built since 1970’s
Many movement members came from ActUp then to the Gay Men’s Health Crisis (GMHC)
These organizations trained and created leadership, and a resistance movement, particularly during the early stages of the AIDS crisis.
Fomented a cross-section of advocates across many dimensions..
These organizations trained and created leadership, and a resistance movement, particularly during the early stages of the AIDS crisis.
Fomented a cross-section of advocates across many dimensions..
Was the government doing enough for the AIDS crisis?
Recall, deaths from AIDS were quickly rising
The deaths were swift, scary and there was not a concerted effort by the government to address
Is there federal legislation that offers protection on the basis of sexual orientation or gender identity.
Is there federal legislation that offers protection on the basis of sexual orientation or gender identity.
There is not federal legislation that offers protections in employment, housing and public accommodations on the basis of sexual orientation or gender identity. Protections vary at the state level.
Changes in LGBTQ policy with regard to states?
Changes in LGBTQ policy with regard to states?
There is not federal legislation that offers protections in employment, housing and public accommodations on the basis of sexual orientation or gender identity. Protections vary at the state level.
Social security benefits and medicare are…
Social security benefits and medicare are…
universal and age conditions
social security–> cross generational compact
Formal support for the elderly
Formal support for the elderly
- important and successful policy story
- although there are issues with it, think about what this country would be like without these basic retirement and medical benefits –> poverty rates might increase
- problems financing