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The adage “the arc of the moral universe is long, but it bends towards justice” refers to the idea that justice will ultimately prevail, regardless of how long people resist doing what is ethically right. Even though judges ultimately decided in favor of same-sex marriage, the path to the Supreme Court’s decision was not straightforward.
On May 18, 1970, two men, Jack Backer and Michael McConnell, submitted their marriage proposal to a Minneapolis court, marking the beginning of the LGBTQ community case. (Pierceson, 2014). Gerald Nelson, the county clerk, found it awkward when they also filed for a marriage license. Backer being a law student opposed the clerk’s judgment since the constitution protects the rights of every American. Consequently, the court in response cited a dictionary definition of marriage, which states that it involves a union between a woman and a man.
Similarly, the couple Dancel and Baehr hired a local attorney Dan Foley to represent them in court after being denied the marriage license. However, the judges rejected their plea to allow them to marry. Despite opposition coming from the courts and religious quotas, the LGBTQ community kept on struggling for their rights. Pierceson (2014) found that it was not until 5th May 1993 when the courts acknowledged same-sex marriage. That is, the Supreme Court accepted that LGBTQ community needed a hearing and the judges should be ready to listen to them.
The fact that the Supreme Court took a long time to determine such cases, a same-sex debate developed into a political battle. The political campaign was intense until states such as Alaska, Arizona, California, and Colorado accepted the same sex marriages. In fact, Michigan issued more than 300 marriage licenses to same-sex couples (Gates, 2015). Despite the long legal battle on same sex, on June 26th, 2015, Justice Anthony Kennedy finally recognized and expanded gay rights arguing that they have fundamental rights to marry. Justice Kennedy further explained that under the constitution, gays or lesbians require same legal treatment as opposite-sex couples (Pierceson, 2014). This implies that same-sex couples got justice in the long-run and it was time to celebrate the opportunity to express their commitment.
The LGBTQ community encounters verbal and physical violence in society. Beverly Tillery, the Director of the New York City Anti-Violence, identified that violence is an existing problem among the LGBTQ (Pierceson, 2014). The massacre that left 49 people killed at a gay night club in Orlando is among the violence reported against LGBTQ. Also, the survey conducted by Gates (2015) reveals that an average of 82% of LGBTQ youths faced verbal harassments while about 38% faced physical attack. The continued threat makes it hard for them to declare their marital status or behave normally like couples in open areas. The advocacy groups are still fighting for equal rights that will shelter them from violence.
Prejudice for the transgender is also affecting the LGBTQ. Those who change their birth sex find it challenging since the society mocks or does not accept them. Some of the LGBTQ experience poverty since organizations terminate their jobs once they recognize them. In fact, in some states such as Florida, they do not allow LGBTQ to access social health or education. For example, in the case of Boy Scout of America v Dale, the private organization wanted to set rules for themselves, which would exclude the gays. Gates (2015) affirms that at least 10% of the LGBTQ has faced some harassment in hospitals. At some times, they are not provided with the right hormonal treatments or HIV medications.
Gates, G. J. (2015). Marriage and family: LGBT individuals and same-sex couples. The Future of Children, 25(2), 67-87.
Pierceson, J. (2014). Same-sex marriage in the United States: The road to the Supreme Court and beyond. Boston, MA: Rowman & Littlefield.
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