In the past decade, the presence of gay, lesbian, and transgender icons has risen in the media and, at least in some states, the public sentiment appears to be turning from extreme prejudice and discrimination to support for legal recognition and protection.
Same-sex marriages to resume in California after Prop 8 ruling
To many observers, homophobia-based exclusion seems to be giving way to a new era of inclusion. How accurate is this perception and what does it imply for the future? Many critics have challenged the progressive potential of both the marriage equality movement and the currently prolific representations of gays and lesbians in the media. They note that both the emphasis on marriage and the inclusion of gays and lesbians as ordinary, everyday people eclipses the full range of queer experiences.
Feminist legal scholars e. This recognition ushered in an era of direct marketing to gay men and lesbians and included imagery intended to reflect the interests and lifestyles of these potential consumers. This marketing focus probably did more for securing cultural citizenship for open and self-identified lesbians and gay men than any other form of political movement.
In consumer-based capitalism, purchasing power is one of the hallmarks of citizenship. One obvious implication of this form of cultural belonging is that it is limited to those who have the purchasing power. Nonetheless, and again, ironically, although overt homophobia may be less allowable in some mainstream cultural venues, this so-called tolerance may come at a price.
The price may be the increased exclusion and oppression of those who cannot or choose not to participate in these gay mainstreaming expressions.https://gulaminri.ga
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Furthermore, the ways in which this exclusion operates may be even more intractable and insidious than the forms of homophobia with which we are generally familiar e. Expressions of homonormativity are the flip side of uncritically deployed homophobia. Together, both function to reinscribe culturally acceptable forms of gayness that render its associations with whiteness, gender appropriate behavior and US influenced middle-class status invisible and unproblematic. What many people in Western countries, especially the US, think of when they consider homosexuality is the way in which it is portrayed in popular television shows and movies.
In-depth analyses of these programs reveal an underlying set of rules about who and what is acceptable and these homonormative rules look very much like the rules for heteronormativity. Throughout the s institutional homophobia may have served as a rallying cry in response to entrenched social injustice, and, as a result of political action, culturally sanctioned homophobia is on the decline. But paradoxically, this has resulted in a form of homonormativity that will likely underscore and increase prejudice toward those whose lives do not reflect Western, middle-class, mainstream, nuclear family values whether in same or differently gendered marriages.
This potentially excluded group includes not only nonnormative queers, but single- and extended-family households, as well as the alternative communal arrangements for support that many people cultivate for themselves and their chosen kin. Homophobia is a culturally learned prejudice. It stands to reason, therefore, that the manifestations and experiences of homophobia will differ across cultural contexts and situational circumstances.
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Future activism and scholarship should focus on the multiple factors associated with varying forms of homophobia and also demonstrate the complex ways in which these factors intersect with other forms of difference, inequality, and cultural status. Recent scholars have begun to highlight the complexities of homophobia by intersecting it with informed, critical analyses of institutions such as religion, family, and migration status.
These studies reveal a complicated terrain marked by tensions and contradictions, none of which can be reduced to a monolithic concept of homophobia operating outside the parameters of cultural and historical context. Stu Marvel, Martha M. There are diverse ideological approaches in the developing theory of sexual orientation law.
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A liberal approach would suggest that gay people are sufficiently similar to heterosexuals to justify equal legal treatment, and altering legal rules to allow same-sex marriage or openly gay military personnel will not fundamentally change these institutions. A critical approach, in contrast, contests essentialized notions of identity, seeing identity as socially constructed rather than reflecting essential commonalties among people who engage in same-sex sexuality.
It may also critique the inequality inherent in institutions like marriage and the military.
This kind of critical approach often seeks a more comprehensive restructuring of legal regulations than simply adding gay people to existing institutions, instead proposing the incorporation of sexual orientation analysis into other antisubordination discourses, such as feminism, critical race studies, and class analysis. Critical theorists might further propose alternatives to marriage, such as a range of relationship recognition devices for all families, including both couples and noncouples like close friends or adult sisters whose lives are intertwined Polikoff, ; Rosenbury, Emily E.
Wheeler, Sharon G. One source of significant change in the LGBTQ community is the evolving legislation regarding rights related to gender and sexuality, in particular, marriage and parenting rights. Marriage is the more visible of these two areas, with same-sex marriage laws having been passed in 17 states and the District of Columbia and civil unions and domestic partnerships legalized in several others since Vermont passed the first civil union law in Recent attention has been turned to the current federal marriage law in the form of the Defense of Marriage Act, which restricted the definition of marriage to one man and one woman and prohibited the recognition of same-sex unions at the federal level, and the Supreme Court's decision to hear a case arguing the law's unconstitutionality Condon, In some other states, second-parent adoption is not protected by law but is legally recognized.
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In the remaining states, no legal avenues for second-parent adoption exist. The ramifications of these laws are manifold; issues range from access to a partner's insurance benefits to child custody in the case of injury or death, and they also set cultural standards of inequality by prizing some relationships legally recognized over others that are not deemed as valid.
Marriage and parenting rights legislation for LGBTQ families has resulted in steps toward equal rights for members of this community, but the larger movement has also spurred some anti-LGBTQ legislation. The families of LGBTQ individuals may be delegitimized in comparison to traditional families Peterson, or attacked as less fit or unfit to parent, despite a plethora of research demonstrating otherwise for a review, see Patterson, A growing body of research has investigated the impact of legislative campaigns concerning LGBTQ rights on members of the community.
The stressors associated with these legal battles for LGB individuals include facing increased homophobia, increased vigilance, and experiences of division within communities Russell and Richards, In addition, the authors note that both the traditional nuclear family structure and heterosexism, while still predominant, have been increasingly challenged on a societal level, and it is in the context of these changes that contemporary LGBTQ individuals have begun to expand notions of families of choice. Stacey L. Shipley, Bruce A. For many individuals, getting married and raising children are central aspirations; however, these basic rights have been denied to lesbian and gay citizens in many states across America, although in recent years more state legislation is allowing for same-sex marriages and same-sex couples to adopt.
Common misconceptions allude to the notion that lesbians and gay men are unfit parents or that children suffer irreparable harm if brought up in the households of lesbian or gay parents. Psychologists are being called upon to research the effects of being raised in same-sex households compared to children being raised in heterosexual households. Current research shows no negative impact on children raised in a same-sex household, but further longitudinal research is needed.
Psychologists are being asked to look at the psychological and social development of children in same-sex couple households Welsh, Evidence from recent research indicates otherwise and suggests that children raised within lesbian- or gay-headed households are generally well adjusted. A question then arises as to why half of the states in America consider parental sexual orientation relevant to child custody, visitation rights, foster care, and adoption rights?
In some jurisdictions, same-sex couples are able to adopt a child through a second parent adoption, which allows one parent to adopt the child after the first parent has successfully adopted the child. In child custody disputes, courts have issued conflicting rulings regarding the rights i. Accordingly, social scientists can work to expand the body of research on lesbian and gay families and can make efforts to ensure that the results become available to the public and policy makers through appropriate publications. Not only can scientific evidence help alleviate misconceptions about lesbian- or gay-headed households; it can also facilitate changes in judicial or legislative decision-making processes.
Thus, as certain elements change within the legal system, securing child custody cases and gaining adoption rights may eventually be a less arduous process for gay or lesbian families. Unlike their Western counterparts who can live relatively openly as gay, encountering at worst religious opposition and chance of homophobic harassment, Chinese sexual minorities are subject to the imperative of heterosexual marriage. Sources: Hollingsworth v. Perry U. Right to change legal gender in California? Jan 1, —Mar 2, Sources: lgbtmap. Legal, but requires surgery.
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Same-sex adoption in California? Supreme Court, 31 Cal. This case also explicitly banned discrimination based on sexual orientation in all adoptions and foster care placements in California. Sources: leginfo. LGBT discrimination in California? Current status since Aug 17, Defines a hate crime as a criminal act committed because the victim's perceived: disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. Protections also include gender identification.
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LGBT housing discrimination in California? Current status since Sep 28, Sexual orientation and gender identity. This state explicitly bans housing discrimination based upon sexual orientation and gender identification. Additionally, the Human Rights Campaign states, "The Department of Housing and Urban Development HUD requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted housing in every state March Sources: eqca. LGBT employment discrimination in California?
Issues Affecting Same-Sex Couples FAQ | Nolo
The confidential marriage certificate will be recorded in the county in which the license was issued. It will only be available to each spouse. Persons other than the spouses may get a copy of a confidential marriage license only through a court order. The record only indicates that each individual is married. California law permits two people to be both in a domestic partnerships and married. This is so long as it is to the same person. California regulates business establishments that provide goods or services to the public.