if the SCOTUS holds gay marriage to be a constitutional right (user search)
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  if the SCOTUS holds gay marriage to be a constitutional right (search mode)
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Author Topic: if the SCOTUS holds gay marriage to be a constitutional right  (Read 4329 times)
Benj
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« on: March 27, 2013, 10:41:53 AM »

Anti-discrimination laws are still a major issue. Most states lack some or all protections from LGBT individuals in housing, employment, public accommodation, etc., and there's no federal law protecting us, either.

And it's not at all clear that some states will acknowledge the Supreme Court's ruling in favor of gay marriage immediately, either. See what North Dakota and Arkansas are doing on abortion in direct defiance of the Supreme Court.
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Benj
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« Reply #1 on: March 27, 2013, 08:01:37 PM »
« Edited: March 27, 2013, 08:09:13 PM by Benj »

can we finally be done with LGBT activism?

Well the T in LGBT wouldn't really benefit much from such a ruling.  They already feel marginalized by many LGBT activists, so I think there will definitely remain activism from that aspect.

They would certainly benefit, albeit somewhat less. There are significant problems at the moment for trans* individuals who marry because of existing marriage discrimination against same-sex couples. In many states, a legal sex change is difficult or impossible, so marrying someone of the same sex as their birth sex is never possible. Many courts have refused to recognize such marriages. Additionally, some courts have refused to recognize marriages between two people who were of different sexes at the time of marriage but one of whom later had a legal sex change.

I suppose it's also worth pointing out that, to the extent such labels apply, LGBs are way overrepresented among the trans* population compared to the cis* population (i.e., a much larger portion of the trans* population is attracted to the same sex as their identified gender than among the general population, and an additional larger portion consider themselves attracted to both sexes).

Might as well say that LGBTs who don't want to get married don't benefit. Even that would be more true. Sure, trans* rights are still way behind, but to say they're not benefited is deeply ignorant.


*medicine (ex: the ban on gay people giving blood)

This one does have a rational basis.  The prevalence of AIDS and hepatitis are both much higher among MSMs than the general population.  The lifetime ban on blood donation is bunk, but for those who have abstained from such an act in the recent past (the last 1 to 5 years) they certainly should be allowed to donate.

How reliable is testing of donated blood for HIV?

Not 100%  The estimated level of increase in infection rates of going from a lifetime ban to a ban on those having male gay sex within the last year is quite small, small enough that one can argue that the increased availability of blood products is worth the risk.

However, it takes from 2 to 4 weeks after being infected before testing can detect that fact, so a ban on the donations of those who currently are MSMs makes good sense.  The only question is how recently one must have engaged in male-to-male sex to be considered to be currently an MSM.  Lifetime is too long IMO, 1 year is probably sufficient, but anything under 3 months would be foolhardy.

It seems to me that the change from "lifetime" to "one year" is going to capture an absurdly small number of donors, hardly enough to even be worth the time of legislating such a change.
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Benj
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Posts: 979


« Reply #2 on: March 28, 2013, 02:47:40 PM »
« Edited: March 28, 2013, 02:50:01 PM by Benj »

Again, until ENDA passes, there's still de jure discrimination in hiring in a great many parts of the country, as you can literally give "you're gay" as a rationale for firing someone in a great many jurisdictions.  It's the natural follow-up to gay marriage.



Why is most of the Northeast OK with gender discrimination while opposing sexual orientation discrimination?

Generally, their anti-discrimination laws are older and haven't been updated. Trans* rights pretty much never get acknowledged separately, so if sexual orientation discrimination laws were enacted ages ago when gender identity discrimination was ignored, it's unlikely to get new protections enacted now due to legislative inertia. Especially since, while most state legislatures have at least one gay member to push things along, there are no trans* people elected to any state-level office in the United States.
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Benj
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Posts: 979


« Reply #3 on: March 28, 2013, 02:59:21 PM »


Another point: Much discrimination against trans* people has actually been fairly consistently ruled by the federal appeals courts (though not by the Supreme Court) to be covered under federal anti-discrimination laws and the 14th Amendment already as gender discrimination on the basis of gender stereotypes (while the Supreme Court has explicitly rejected the use of gender discrimination to cover sexual orientation). So, in some theoretical ways, trans* people are more protected by law. I don't know if that actually affects anything on legislative outcomes, but it might.

See, e.g., http://en.wikipedia.org/wiki/Glenn_v._Brumby
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