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Abstract
The intolerance of, and discrimination against, gays and lesbians is not a new concept. Yet, as many parts of the world have begun to socially and legally recognize gay rights, in many ways, the USA has lagged behind. An overview of past and present lesbian, gay, bisexual, and transgender social and criminal justice within the USA are presented. Also, specific recommendations are made for the future in an effort to put an end to this last acceptable prejudice.
Notes
1. In 1932, the US Supreme Court ruled in Powell vs. Alabama that the state of Alabama denied nine black boys the due process of law. The boys were from out-of-state, they were poor, illiterate, and at least two were handicapped. The Court found that charging these boys with rape, putting them on trial for their life, and sentencing them to death, while denying them effective appointment of counsel, was a violation their Fourteenth Amendment rights. This was the first time in US history that the Supreme Court applied the Fourteenth Amendment due process clause to state-level criminal procedure.
2. The Officers of the Night were a Florentine court that focused primarily on sodomy, and related misdemeanors such as prostitution, in Florence, Italy from 1432 until its closure on 29 December 1502. The name of the organization was derived from its nighttime activities. The organization consisted of six elected members; members were required to be male, over 45 years of age, and married. The organization erected drop boxes around the city in which citizens were encouraged to drop anonymous tips about those participating in sodomy or acts of prostitution.
3. Sodom and Gomorrah are biblical places that originate in the Book of Genesis. In many religious traditions, Sodom and Gomorrah have become synonymous with sin and God’s resulting wrath. According to religious texts, the people of Sodom and Gomorrah engaged in homosexuality and other sexual acts that were deemed to be unnatural. As a result, God destroyed these lands and its people.
4. Pride events are celebrations of the LGBT community, often involving parades for equality.
5. Planned Parenthood is a non-profit organization that focuses on sexual disease prevention, education, and treatment.
6. Information gathered from the New York Police Department was conducted solely through interviews, as they did not respond to the survey.
7. 122 P.3d 22 (2005). One week after his 18th birthday, Matthew Limon performed an act of consensual oral sex on another boy who was 15. Limon was prosecuted for sodomy. Had Limon performed oral sex on a 15-year-old girl, he would have received a maximum of 1-year in jail. But, because the oral sex was performed on a boy, Limon was sentenced to a 17-year prison term. The case was appealed as violating the Equal Protection Clause, and Limon was eventually released, but not after spending over six years in prison.
8. Normally, under Louisiana law, solicitation for prostitution is a misdemeanor offense (punishable by up to 90 days in jail), as is the case in other US jurisdictions. Registration as a sex offender is not required after such a conviction. But when John Baxely unknowingly solicited sex from an undercover cop who happened to be male, he was adjudicated a felon and spent five years in prison. He was also required to register as a sex offender.
9. Latin term meaning ‘friend of the court’. Used prior to the court issuing a writ, and after the court agrees to hear a case.
10. The Equal Access Act is a federal law that was passed in 1984. It compels secondary schools that are federally funded to provide equal access to extracurricular clubs and protects the right to assembly (20 U.S.C. §§ 4071-74).
11. Title VII is part of the Civil Rights Act of 1964 (42 U.S.C. § 2000e). Title VII prohibits employment discrimination on the basis of race, color, religion, sex or national origin.
12. Uniform Code of Military Justice, Article 125: prohibits sodomy, defined as anal or oral penetration, whether consensual or coerced and whether same- or opposite-sex. Penalty: Five years at hard labor, forfeiture of pay and allowances, and dishonorable discharge. Article 134: proscribes, among other things, assault with the intent to commit sodomy. Penalty: 10 years.
13. Department of Defense Directive 1332.12 s. H.1: ‘Homosexuality is incompatible with military service. The presence in the military environment of persons who engage in homosexual conduct or who, by their statements, demonstrate a propensity to engage in homosexual conduct seriously impairs the accomplishment of the military mission. The presence of such members adversely affects the ability of the Military Services to maintain discipline, good order, and morale; to foster mutual trust and confidence among service members, to ensure the integrity of the system of rank and command; to facilitate assignment and worldwide deployment of service members who frequently must live and work under close conditions affording minimal privacy: to recruit and retain members of the Military Services; to maintain the public acceptability of military service; and to prevent breaches of security’ (1982).