LGBT rights in the United States in the context of "Romer v. Evans"

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⭐ Core Definition: LGBT rights in the United States

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the United States have developed over time, with public opinion and jurisprudence changing significantly since the late 1980s. Lesbian, gay and bisexual rights are considered advanced. Rights of transgender people have faced significant erosion since the beginning of Donald Trump's second presidency.

In 1962, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBTQ Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBTQ rights in the United States have been established by the United States Supreme Court, which invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. LGBTQ-related anti-discrimination laws regarding housing and private and public services vary by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges. According to Human Rights Campaign's 2024 state index, the states with the most comprehensive LGBTQ rights legislation include Vermont, California, Minnesota, Virginia, Massachusetts, Rhode Island, Maryland, New Mexico, Washington, Colorado, New York, Illinois, Oregon, Maine, Hawaii, and New Jersey.

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πŸ‘‰ LGBT rights in the United States in the context of Romer v. Evans

Romer v. Evans, 517 U.S. 620 (1996), is a landmark United States Supreme Court case dealing with sexual orientation and state laws. It was the first Supreme Court case to address gay rights since Bowers v. Hardwick (1986), when the Court had held that laws criminalizing sodomy were constitutional.

The Court ruled in a 6–3 decision that a state constitutional amendment in Colorado preventing protected status based upon homosexuality or bisexuality did not satisfy the Equal Protection Clause. The majority opinion in Romer stated that the amendment lacked "a rational relationship to legitimate state interests", and the dissent stated that the majority "evidently agrees that 'rational basis'β€”the normal test for compliance with the Equal Protection Clauseβ€”is the governing standard". The state constitutional amendment failed rational basis review.

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LGBT rights in the United States in the context of LGBTQ history in the United States

The United States involved with lesbian, gay, bisexual, transgender and queer (LGBTQ) people, as well as the LGBTQ social movements they have built.

Until the 20th century, it was uncommon for LGBTQ individuals to live open lives due to persecution and social ostracization. The nation's Protestant roots led to a heteronormative culture, reinforced through sodomy laws, often falsely attributed to Puritans. These laws began when King Henry VIII established himself as head of the Church of England. With this came The Buggery Act 1533. Before this, while the Catholic Church was known to prosecute sodomites from time to time, sodomy was considered a church issue secular courts had little interest in.

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LGBT rights in the United States in the context of Social conservatism in the United States

Social conservatism in the United States is a political ideology focused on the preservation of traditional values and beliefs. It focuses on a concern with moral and social values which proponents of the ideology see as degraded in modern society by liberalism. In the United States, one of the largest forces of social conservatism is the Christian right.

Social conservatives in the United States generally take fundamentalist, familialist, moralist stances on social issues. This is exemplified by their opposition to abortion, opposition to feminism, support for traditional family values, opposition to pornography, support for abstinence-only sex education, opposition to LGBT rights, support for school prayer, support for school vouchers, support for homeschooling, support for Sunday blue laws, opposition to gambling, and opposition to recreational drug use, among others.

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LGBT rights in the United States in the context of 2016 United States presidential election

Presidential elections were held in the United States on November 8, 2016. The Republican ticket of businessman Donald Trump and Indiana governor Mike Pence defeated the Democratic ticket of former secretary of state Hillary Clinton and Virginia junior senator Tim Kaine, in what was considered one of the biggest political upsets in American history. It was the fifth and most recent presidential election in which the winning candidate lost the popular vote.

Incumbent Democratic president Barack Obama was ineligible to pursue a third term due to the term limits established by the Twenty-second Amendment to the U.S. Constitution. Clinton secured the nomination over U.S. senator Bernie Sanders in the Democratic primary and became the first female presidential nominee of a major American political party. Initially considered a novelty candidate, Trump presented himself as a blunt-spoken political outsider and emerged as the Republican front-runner, defeating several notable opponents, including U.S. senators Ted Cruz and Marco Rubio, as well as governors John Kasich and Jeb Bush. Trump's right-wing populist, nationalist campaign, which promised to "Make America Great Again" and opposed political correctness, illegal immigration, and many US free trade agreements, garnered extensive free media coverage due to Trump's inflammatory comments. Clinton emphasized her extensive political experience; denounced Trump and half of his supporters as "deplorable" bigots and extremists; and advocated the expansion of Obama's policies, stressing racial equality, LGBT rights, women's rights, and inclusive capitalism.

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LGBT rights in the United States in the context of Human Rights Campaign

The Human Rights Campaign (HRC) is an American LGBTQ advocacy group. It is the largest LGBTQ political lobbying organization within the United States. Based in Washington, D.C., the organization focuses on protecting and expanding rights for LGBTQ individuals, including advocating for same-sex marriage, anti-discrimination and hate crimes legislation, and HIV/AIDS advocacy. The organization has a number of legislative initiatives as well as supporting resources for LGBTQ individuals.

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LGBT rights in the United States in the context of Frank Kameny

Franklin Edward Kameny (May 21, 1925 – October 11, 2011) was an American gay rights activist. He has been referred to as "one of the most significant figures" in the American gay rights movement.

During the Lavender scare, in 1957, Kameny was dismissed from his position as an astronomer in the U.S. Army's Army Map Service in Washington, D.C., because of his homosexuality, leading him to begin "a Herculean struggle with the American establishment" that would "spearhead a new period of militancy in the homosexual rights movement of the early 1960s".

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LGBT rights in the United States in the context of Coretta Scott King

Coretta Scott King (nΓ©e Scott; April 27, 1927 – January 30, 2006) was an American author, activist, and civil rights leader who was the wife of Martin Luther King Jr. from 1953 until his assassination in 1968. As an advocate for African-American equality, she was a leader for the civil rights movement in the 1960s. King was also a singer who often incorporated music into her civil rights work. King met her husband while attending graduate school in Boston. They both became increasingly active in the American civil rights movement.

King played a prominent role in the years after her husband's assassination in 1968, when she took on the leadership of the struggle for racial equality herself and became active in the Women's Movement. King founded the King Center, and sought to make his birthday a national holiday. She finally succeeded when Ronald Reagan signed legislation which established Martin Luther King Jr., Day on November 2, 1983. She later broadened her scope to include both advocacy for LGBTQ rights and opposition to apartheid. King became friends with many politicians before and after Martin's death, including John F. Kennedy, Lyndon B. Johnson, and Robert F. Kennedy. Her telephone conversation with John F. Kennedy during the 1960 presidential election has been credited by historians for mobilizing African-American voters.

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