Rosales, Sandro, Strader 1

Molly Rosales, Toni Sandro, Molly Strader

Professor Sbicca

SOC 105

10 December 2018

Video: https://youtu.be/dIraS7eYnEs

LGBT Rights are Human Rights

Intro

The social problem that we will be addressing is the magnitude of discrimination that the

LGBT community faces, such as career possibilities, housing obstacles and even religious

retaliation. This discrimination becomes a social problem because of previously accepted societal

norms, like heteronormativity, that ostracize anyone who deters from traditions, affecting entire

groups of people based solely upon their sexuality. The rising tensions of LGBT acceptance

brings much debate, like whether a family is designated by both a mother and father or whether

this community deserves the same platform as their heterosexual counterparts. Those who

identify as LGBT continuously face discrimination, such as family diversity, gender identity, or

sexual and romantic attraction. New terminologies and acceptance pose a new found fear of

superiority, and as time goes on, more counter protests continue to degrade the community.

Since the historic Obergefell v. Hodges case that legalized same-sex marriage in America, the

outlook for LGBT people has changed dramatically, and the nation has become open, yet afraid

of diversity. However, the past and present day treatment of non-traditional people are withheld

by threats established by a heteronormative society. This problem circulates around the fact that

people cannot choose their sexuality without forcefully experience oppression towards their
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physical attraction. The extent of the community proves the oppression of LGBT people to be a

social problem rather than a personal problem.

History of the social problem

In the early days of America and other countries, people hid their sexuality due to the

heteronormativity found throughout society. During these times, no one called into question the

rights of people who love the same-sex or express their gender in an “unusual” way. The act of

being gay was “illegal in Britain until 1967,” and gay marriage was not legal in every one of the

United States until 2015 (Burns). It was not until the late 1900s that people even began using the

term LGBT, which has expanded to include over 16 sexualities in 2018.

When people began to realize the extent of the community, many more issues beyond

marriage laws came to light. Today, with the drastic growth of the community, there are many

more complex issues affecting LGBT Americans; these issues are not personal as they might

have been in the days where few people came out to avoid issues because the community’s

growth is exponential. The social problems surrounding the LGBT community stem from

systems of oppression. The three most prominent systems pertaining to this issue are

institutionalized, individual, and societal or cultural oppression. The various forms of oppression

come from the government and general public alike, making members of the community face

issues in every aspect of their lives.

Institutionalized Oppression

The first system, institutionalized oppression, can be defined as discrimination in laws,

policies, and practices and is often perpetrated by the government and various people of power,

especially in churches or other religious establishments.

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Many times, laws passed by the government favor religious beliefs. While it is important

to respect a person’s religion, it is also important to give fair opportunities to every person. If

laws respect religion, they must also respect sexuality. According to an article from Contexts,

“some states may implement policies that allow state-licensed adoption and foster agencies to

refuse to serve same-sex couples if doing so violates sincerely held religious beliefs” (Gates).

Additionally, there are only seven states that have laws that prohibit discrimination in adoption,

meaning the other forty-three can keep two people who can legally marry from adopting a child,

even when the American Sociological Association says, “‘children raised by same-sex parents

fare just as well as children of different-sex parents’” (Gates).

Members of the community also face discrimination economically, in their jobs, housing,

and health care. Less than half of the United States have laws regarding discrimination in the

workplace, meaning, that regardless of work ethic, a person may be fired if their employer

disagrees with their sexual orientation (Curry). An article from NBC news published this year

touches on a California congressman’s opinions on LGBT people and housing. The article states

that republican senator Dana Rohrabacher suggested “that homeowners should be free to refuse

to sell homes to LGBTQ people” (Fitzsimons). Such beliefs coming from lawmakers raises

concerns, especially since many states do not have protection laws in place. In the government, it

is often a republican belief that the community should be able to be refused services and even a

place to live. There are similar issues regarding healthcare and healthcare insurance, especially

for transgender individuals. Not only do members lack proper healthcare from judgement but

also from a lack of proper training of healthcare providers for members of the community,

especially transgender and intersex patients (Greene et al. 2). The discriminations LGBT

members face in the realm of economics ranges from gross disrespect of essential human needs
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i.e. refusal of healthcare and housing to the prevention of economic success through job

discrimination.

Individual Oppression

The second system, individual oppression, often portrays itself as bias or prejudice

against certain people in attitude and behaviors. This system worsens the issues that the

community already faces because the general public must be a strong conglomeration to fight

institutional prejudices instead of perpetuating them. In an article published by Global Citizen,

titled “9 Battles the LGBT Community in the US Is Still Fighting, Even in 2017,” the number

one issue listed is violence; “in 2015, nearly one in five hate crimes committed in the US [were]

due to sexual orientation, and another 2% of crimes were committed because of gender identity”

(Curry). Another issue the article touches on is acceptance, which may seem like a small issue,

but it is actually the reason that “about 40% of homeless youth in America identify as LGBT and

often end up on the streets because they are rejected by their family members” (Curry). If some

in the community are not even wanted by their family, there is clearly a large issue with the

acceptance of sexuality in America.

One form of individual oppression is microaggression, which is not as extreme as overt

discrimination or violence. There are three kinds of microaggressions according to an article in

the Journal of Homosexuality. The first being microassault, which includes “name-calling,

avoidant behavior, or purposefully discriminatory actions” (Haines et al.). The second kind is

microinsult, which come to play in conversations where one member of the dialogue conveys

ridicule through tone and word choice. The last kind of microaggression is microinvalidation,

which are “communications that negate or nullify the psychological thoughts, feelings, or

experiential reality of the marginalized group” (Haines et al.). A study done through Towson
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University found that these microaggressions most often targeted LGBT family legitimacy,

relationships, and marriage, even in a time where it is legal to be gay, married to a partner, and

have a family. This study shows that even if all the laws in the world passed in support of the

community, the issues would not stop there. Individual oppression is very influential and a major

issue in and of itself.

Cultural Oppression

The third system is societal or cultural oppression, which is perpetuated through social

norms, roles, rituals, and music. As previously stated, there are countless “norms” that pose

issues for the community, such as heteronormativity. Cultural oppression is really where the core

of the other issues stems from. Historically, society, which combines the public opinion and laws

passed by the government has claimed that being heterosexual is normal, based mostly on the

bible. Religion has a large influence on society and truthfully shaped the core of America as it

was founded by white puritan men. The influence of society is so strong that gay conversion

therapy, which is essentially legal torture to “fix” people who identify as anything other than

straight, is still a concern for members today (Curry). Cultural oppression is often not what

affected people feel immediately, but it is what causes the perpetuation of social problems many

times, as it is set into place early on by a majority who believe one thing, and that belief will

continue to be the “norm” for years to come.

Effects on Mental Health

The issues faced by members of the LGBT community take a detrimental toll on mental

health with “a stunning 41% of trans adults [who] have reported attempting suicide, followed by

10% to 20% of LGB adults, according to The Williams Institute. The rate for the rest of the

population hovers around 4%” (Curry). The issues surrounding individual mental health become
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even more concerning when there is additional discrimination in health care. The issues caused

by other people, harming the mental health of countless individuals, is an extreme social problem

itself that can only be helped through solving these issues.

Solutions

Issues pertaining to oppression and discrimination of those in the LGBT community is

not one easily fixed, if so, it would not be considered a social problem. It is a complex mix of

changes that need to be held institutionally, individually and culturally. Changes must be made in

each aspect in order to see results. Institutional discrimination can be described as acts by those

in power such as government or religious establishments. Most of the change that needs to be

seen falls under this category though much of it stems from individual oppression.

Discriminatory laws against LGBT individuals need to be repealed and changed. Though

American laws are much more accepting than those of other countries, “In 76 countries, laws

still criminalize consensual same-sex relationships between adults, exposing individuals to the

risk of arbitrary arrest, prosecution, imprisonment – even the death penalty, in at least five

countries.” (unaids). Though America’s laws are not as harsh, directly anti-LGBT laws still

remain. For example, Mississippi’s controversial law “that allows state employees and private

businesses to deny services to LGBT people based on religious objections.” (Williams). This

opens the door for hate and harassment of those in the LGBT community, and further normalizes

heteronormative behavior.

A change that needs to be made is to create laws that protect all LGBT individuals from

discrimination in housing, healthcare, employment and education. These individuals are

marginalized by all of these factors at the hands of individuals who simply do not agree with

their lifestyle. Solutions to this is to create laws that protect those individuals from being denied
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services due to their gender or sexual orientation. States like Utah, a predominantly republican

state, are already making changes to help the LGBT community with an anti-discrimination law,

“The bill would make it illegal to base hiring, firing and other employment decisions based on

someone's sexual orientation or gender identity. It would also make it illegal to refuse to sell or

rent, to deny a home loan, or to base other housing decisions because someone is LGBT.”

(Tribune wire). This decision was backed by the Church of Jesus Christ Of Latter Day Saints,

which was a huge step towards acceptance of LGBT in the Christian community largely helping

the issue of cultural discrimination.

Changes also need to be made in laws pertaining to adoption and LGBT parents. Many

states allow adoption agencies to discriminate against same sex couples on the grounds of

“written religious or moral convictions or policies” (Allen). This decision extremely impacts the

over 100,000 children who are currently waiting for adoption in the U.S, it not only takes away a

potential home for them, but also teaches them that it is okay to discriminate against LGBT

people. In the past the adoption centers were able to use the excuse that they aren’t able to give

children to couples who are not married, “Now that reason has gone away, so you’re seeing these

specific carveouts allowing them to do that with some sort of religious exemption as the

supposedly legitimate reason.” (Allen). By challenging these laws and speaking up against them,

like many already have, it gives hope that one day these laws will rightfully be repealed due to

unconstitutionality.

Individual change is another huge component in the fight for acceptance. The laws and

institutional discrimination stems from people’s personal feelings and opinions. A solution to

this is simply more education starting at a young age and changing the heteronormative structure

that is taught and seen widely by children. States like California are already beginning to make
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changes to aid in LGBT education of children, “the California State Board of Education on

Thursday approved 10 textbooks for kindergarten through eighth-grade students that include

coverage of the historical contributions of LGBT people” (Schaub). By adding this to the

curriculum children begin to get exposure and knowledge of the LGBT community starting at a

young age.

These past few years have been incredibly historic for the LGBT community starting

with “in June 2015, the Supreme Court ruled 5–4 in Obergefell v. Hodges that same-sex

marriage was a constitutional right” (American Yawp). Though we have seen massive change

towards a brighter future for the LGBT community in the last decade, there is still many things

that our government, and those around the world, need to change in order to create a safe and

happy environment for everyone.

These solutions will benefit millions of people who are a part of or support the LGBT

community. It will help protect children who are harassed and bullied starting from a young age

for their actual or perceived sexual orientation. This will make a huge change for the protection

and well being of LGBT people and would reduce suicide rates in the community. This would

also severely help the mental health of those in the LGBT community as they suffer from higher

rates of depression and anxiety. Unintended consequences would be the lash back of those who

oppose the LGBT community and people who use religion as a reason to discriminate against

them.

Individual opinion needs to be the first to change rather than structural. There will be no

way to obtain change structurally if the opinions of those in power and who make decisions,

don’t change first. Differences between structural and individual change have to do with the

government and laws vs. people. Individual change is more important as a basis to start from,
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and then use that support of individuals to work up the ladder to create changes in the legal

system with laws pertaining to the LGBT community.

The decision of what solution is tried is up to those who are fighting for change. Many

solutions can be tried at a time in order to receive the maximum amount of results. Though the

decision of which solution is adopted institutionally is up to the government and congress in

regard to what laws are passed. The agent of change firstly are people who support and are

accepting of those in the LGBT community and don’t further cause harm to their wellbeing. The

larger agent of change is those who actively fight for the rights of LGBT people and make their

voices heard by the government and those in power. Things like marches and protest add to the

exposure of the fight for rights and have become increasing popular in the last decade.

Recently these agents of change have been organized by social media in order to spread

the word of these marches. They are also organized by groups who are specifically created to aid

in the help for equal rights and acceptance of the LGBT community. These organizations are an

important factor towards this and show how many people truly are supporting these actions.

These groups are prefigurative rather than confrontational because they are done not out of spite

but out of the goodness of the people who really want to help others. Groups who want to solve

this problem do it by showing love and acceptance rather than fight out of animosity or hate.

The most important factors for creating change is the overall change in thought towards

heteronormativity that we have as a society. The goal is to educate people being straight should

not be expected or perceived as the “normal” way and that your sexual orientation or gender

shouldn’t change the way you are perceived compared to a cisgender heterosexual person. We

need to first educate people about acceptance and equality of the LGBT community and help

those who are discriminated against and make sure they know they are not alone. Then we need
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to take these personal changes and apply them to the government and laws pertaining to the

community. By electing more officials who are apart of the community or simply support it, that

is when real change can be enacted on an institutional level.

Resources

Allen, S. (2018, May 17). Inside the Fight Against America's Wave of Anti-LGBT

Adoption Bills. Retrieved from https://www.thedailybeast.com/inside-the-fight-against-

americas-wave-of-anti-lgbt-adoption-bills

Burns, C. (2017). Hidden but not lost. History Today, 67(5), 8–10. Retrieved from

https://ezproxy2.library.colostate.edu/login?url=http://search.ebscohost.com/login.aspx?

direct=true&AuthType=cookie,ip,url,cpid&custid=s4640792&db=aph&AN=122332415

&site=ehost-live

Curry, C. (2017, June 20). 9 Battles the LGBT Community in the US Is Still Fighting,

Even in 2017. Retrieved December 10, 2018, from

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https://www.globalcitizen.org/en/content/9-battles-the-lgbt-community-in-the-us-is-still-

fi/

Ending violence and discrimination against lesbian, gay, bisexual, transgender and

intersex people. (n.d.). Retrieved from

http://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2015/

september/20150929_LGBTI

Fitzsimons, T. (2018, May 25). Homeowners shouldn't have to sell to gays, California

congressman says. Retrieved December 10, 2018, from

https://www.nbcnews.com/feature/nbc-out/homeowners-shouldn-t-have-sell-gays-

california-congressman-says-n877676

Gates, G. J. (2015, July 7). Adoption equality is not a sure thing. Retrieved December 10,

2018, from https://contexts.org/blog/adoption-equality-is-not-a-sure-thing/

Greene, M. Z., France, K., Kreider, E. F., Wolfe-Roubatis, E., Chen, K. D., Wu, A., & Yehia, B.

R. (2018). Comparing medical, dental, and nursing students’ preparedness to address

lesbian, gay, bisexual, transgender, and queer health. PLoS ONE, 13(9), 1–16. https://doi-

org.ezproxy2.library.colostate.edu/10.1371/journal.pone.0204104

Kari M. Haines, C. Reyn Boyer, Casey Giovanazzi & M. Paz Galupo (2018) “Not a Real

Family”: Microaggressions Directed toward LGBTQ Families, Journal of

Homosexuality, 65:9, 1138-1151, DOI: 10.1080/00918369.2017.1406217

Locke, J., & Wright, B., et al. (n.d.). The American Yawp. Retrieved December 10, 2018, from

http://www.americanyawp.com/text/30-the-recent-past/
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Reports, T. W. (2015, March 12). Utah House passes church-backed anti-discrimination

bill. Retrieved from https://www.chicagotribune.com/news/nationworld/chi-utah-anti-

discrimination-bill-20150311-story.html

Schaub, M. (2017, November 13). California will be the first state to use LGBT-inclusive history

textbooks in schools. Retrieved from https://www.latimes.com/books/jacketcopy/la-et-jc-

lgbt-textbooks-20171113-story.html

Williams, P. (n.d.). Supreme Court allows Mississippi anti-LGBT law to stand. Retrieved from

https://www.nbcnews.com/feature/nbc-out/supreme-court-allows-mississippi-anti-lgbt-

law-stand-n835721