Nina Smith

SPC2608-03
Equal Protection Under the Law, Liberty and Justice for All
Attention

The 14th Amendment of the Constitution states that “No state shall make or enforce any law
which shall abridge the privileges or immunities of any citizen of the United States; … nor deny
to any person within its jurisdiction the equal protection of the laws.” (U.S. Constitution)

And yet a decade into the 21st Century, an entire population of people—the gay and lesbian
community—remain second class citizens in the eyes of the law.

While there are numerous inequalities that exist for members of the gay and lesbian community,
I will focus on two major areas: marriage and employment discrimination. I will follow with
information about what you can do to remedy these injustices, and paint a picture of what this
country could look like if progress on the issue is made and the bleakness of ignoring it. I will
finish by urging each of you to take action to right the wrongs currently imposed on the gay and
lesbian community, and why this fight is vital to keep the foundations of this country alive.

Need
I will begin by discussing the issue of marriage inequality, and the legal protections and benefits
denied to unmarried domestic partners of all sexual orientations.

The 1996 Defense of Marriage Act, or DOMA, makes the following definitions, “the word
'marriage' means only a legal union between one man and one woman as husband and wife, and
the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."
(DOMA 1996)

DOMA also excuses the states from the Constitution’s Full Faith and Credit clause. This is the
same clause that makes your Florida drivers’ license, marriage license, divorce, etc valid in all
other states. What this means for same-sex couples who were married and reside in, say, Iowa,
is that their marriage (and the benefits entitled to them) would not be valid if they traveled or
moved to, say, Florida. Rather, DOMA allows “each state…to decide for itself whether it wants
to grant legal status to same-sex ‘marriage’” (DOMA 1996)

Same-sex couples are barred from federal benefits usually granted to married couples

The Human Rights Campaign lays out an overview of federal benefits that are contingent on
marital status:
 Surviving child and parent Social Security Benefits
 179 tax provisions that are based on marital status.
 Family and Medical Leave, which is guaranteed only for married couples.
 The exclusion of same-sex partners and unmarried heterosexual couples from the
definition of family, thereby blocking gay and lesbian citizens and residents from
“petitioning for their same-sex partners to immigrate.”
  “Domestic partners of federal employees are excluded from the Federal Employees
Health Benefits Program.”
 Though an increasing number of companies do offer continued health coverage to the
domestic partners of their former employees, they are by federal law only required to
offer this coverage to the former employee’s “spouse,” which is “narrowly defined”
(Human Rights Campaign)

You should keep in mind that these federal benefits are denied to ALL domestic partners,
including heterosexual couples who choose not to marry.

Now I will inform you about employment discrimination and the DADT policy, which may be
even more pressing issues for the gay and lesbian community.

According to the resource website Learn about the Law, employment “discrimination on the
basis of race, national origin, sex, age, and disability is prohibited by federal law.” And while
federal law does protect against employment discrimination based on sexual orientation in the
public sector, such is not the case in the private sector. While “about half the states and DC do
have laws prohibiting such discrimination in both public and private jobs,” Florida is not among
these (FindLaw.com).

DADT is perhaps the most blaring—and shameful—example of employment discrimination…

The Don’t Ask Don’t Tell policy was passed in 1993 as the result of a compromise and allows
homosexual servicemen and women to serve in the armed forces, though not openly. (Gay Men
and Lesbians in the US Military)

As the policy has remained in effect, however, the number of involuntary discharges of gay and
lesbian service members has increased—even to go so far as to fire nine military linguists in
2002—six of whom spoke fluent Arabic—despite the fact that war was being waged in
Afghanistan and prepared for in Iraq. Harassment has also intensified, and when Pfc. Barry
Winchell, a gay soldier, was bludgeoned to death in his sleep in 1999, Bill and Hillary Clinton,
along with Vice President Al Gore, called DADT a failure. (Gay Men and Lesbians in the US
Military)

Satisfaction

Now I will tell you about some ground work that is being laid for progress on this issue, and
some steps you can take to further it.

Arnold Schwarzenegger, the governor of California said in 2003 that he thought marriage should
“be between a man and a woman.” However, following a California Supreme Court Ruling that
struck down a ban on same-sex marriage in California, Mr. Schwarzenegger stated in April of
2008 at a convention of the Log Cabin Republicans that he believed that the efforts of the anti-
gay community to amend the California Constitution to ban gay marriage were a “total waste of
time” and that he “would fight against” them. (Bgay.com)

Mr. Schwarzenegger was referring to Prop 8, which passed in 2008. However, his change of
heart raises hopes that the tide is turning in favor of gay marriage.

The New York Times reported that, in February, Defense Secretary Robert Gates and Admiral
Mike Mullen appeared before the Senate Armed Forces Committee and called for the repeal of
DADT; however, that repeal is not assured. (Top Officials Seek to End DADT).

Though baby steps are frustrating, progress is being made as an increasing number of people—
including lawmakers and the top military figures—become enlightened on the matter.

So what can you do to further the continuing movement for civil rights? Call your state and
federal lawmakers and insist that legislation be passed to grant rights to the gay and lesbian
community. Sign petitions to begin the process of reversing what we recall as Amendment 2. If
you can, try to boycott business and corporations that do not recognize the rights that the gay and
lesbian community deserves.

Visualization

Now I will give you a picture of what could happen if action is taken, and the bleak outlook for
this issue if the status quo is maintained.

This is the civil rights movement of our generation. Just as blacks had to fight for the right to
attend integrated schools and to marry their white lovers, and just as women have faced steep
opposition to gain the right to vote and to make choices regarding their own bodies over the past
century, so now the gay and lesbian community is engaged in a battle for protection from
employment discrimination and to have their civil marriages recognized. The plights of women
and blacks have largely become a success story, and if action to advance the rights of the gay and
lesbian community is taken, we can look back on this chapter of the civil rights movement with
pride.

Or we could choose to ignore the plight of our GAY AND LESBIAN brethren, and the injustices
imposed upon this community could continue to be a dark stain on our country. As long as our
gay, lesbian, bisexual, and transgendered friends and family members live as second class
citizens—as long as they face formal, legal discrimination—then the “American Dream” remains
a fable.

Action

I again remind you of the opportunity you have to take action, and why it’s the right thing to do.

You have the opportunity to make a difference! Groups like Equality Florida and the Human
Rights Campaign not only serve as watchdogs, but also organize benefits, lobby politicians, and
collect donations to further the cause of equality. By condemning gay bashing, you send a
message that such behavior is intolerable. Contact your representatives and insist that
discriminatory policies like DOMA and DADT are repealed and that protections for domestic
partnerships and safeguards against employment discrimination are enacted as soon as possible.

This country sought independence from Britain largely on the belief stated in the Declaration of
Independence that “all men are created equal,” and that we are all “endowed… with certain
inalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness,” and “that to
secure these rights, Governments are instituted among Men, deriving their just powers from the
consent of the governed” (Declaration of Independence). The rights of women and racial,
religious, and ethnic minorities have been assured over the course of this country’s existence,
and the opportunity is now ripe to ensure that the rights of all Americans, regardless of sexual
orientation, are secured.
 Bibliography

"Your Rights Against Discrimination Based on Sexual Orientation - Employee Rights Center."
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harassment/employment-employee-gay-lesbian-discrimination.html>.

"BGay.com News - Schwarzenegger: Gay Marriage Ban Is 'A Waste of Time'" BGay.com - Gay
Dating, Travel, Chat, Entertainment, Personals, and More. 14 Apr. 2008. Web. 24 Mar. 2010.
<http://www.bgay.com/news/index.php?option=com_content&task=view&id=326&Itemid=23>.

"Don't Ask, Don't Tell: Historical Context." UC Davis, Psychology. Web. 24 Mar. 2010.
<http://psychology.ucdavis.edu/rainbow/HTML/military_history.html>.

Bumiller, Elizabeth. "Top Defense Officials Seek to End 'Don't Ask, Don't Tell'" NY Times
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<http://www.lectlaw.com/files/leg23.htm>.

"HRC | An Overview of Federal Rights and Protections Granted to Married Couples." HRC |
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"The Declaration of Independence." Ushistory.org. Web. 24 Mar. 2010.

<http://www.ushistory.org/declaration/document/>.

"Constitution for the United States of America." Constitution Society Home Page. Web. 24 Mar.
2010. <http://www.constitution.org/constit_.htm>.