Homosexual Families Essay, Research Paper
INTRODUCTION
The Civil Rights Act of 1964 which prohibits discrimination of an individual on the basis of their race, sex, religion, or national origin fails to provide federal protection to individuals on the basis of their sexual orientation. The fact that this landmark federal policy does not include civil rights protection for homosexuals has put them at a disadvantage legally and socially. Although social attitudes towards homosexuality are slowly progressing, erroneous myths and bias attitudes within the legal system continue to persist. Since homosexuals are not legally protected, these myths within the judicial system are allowed to flourish. Judges’ biases and prejudicial viewpoints contribute to the outcome of legal decisions. Legal and economical privileges guaranteed to traditional heterosexual families are eliminated because of the denial of legal protection. Some of these privileges that are granted to heterosexual families, but not to same sex couples include: income tax benefits, life insurance, property benefits, and rights of inheritance. Due to the lack of federal support, the contemporary gay rights movement has taken a more proactive approach to abolish social, political, and economical discrimination. The purpose of the gay rights movement is to enlighten and inform citizens of alternative lifestyles with the intention of abolishing myths and ill-founded beliefs about gays (Cabaj 1998).
As History has proven itself, minority groups have bore the brunt of discrimination and social exclusion from mainstream society. The people of Jewish, African American, Hispanic, and Asian descent have all been persecuted and discriminated for years because of their physical, social, and cultural differences. Likewise, the emergence of homosexuals which are deemed as a minority group, have experienced a lesser degree of hardships ranging from legal exclusion to social unrest. Brutal physical attacks, hurtful name-calling, and rejection from community events are just a few of the forms of discrimination imposed upon homosexuals and their children.
LITERATURE REVIEW
The family itself has undergone significant changes within the last two decades due to changes within society. Alternative lifestyles have begun to increase and homosexuals have witnessed a significant number of new obstacles that are of concern to the structure of the family. The most significant problem facing homosexuals who choose to raise a family is the legal recognition of same sex marriages. The most recent and significant decision affecting same sex marriages was in 1996 when The Defense of Marriage Act was passed by both houses in the U.S. government. This landmark proposal “defines marriage as the union between a man and a woman and allows states to deny recognition of same sex marriages. The bill does not ban same sex marriages but denies recognition of them by precluding spousal benefits distributed by various government programs such as Social Security” (Cabaj 1998: 34). There is an overwhelming number of gay couples who are raising children or planning to raise children that were denied this right, and continue to face criticism and scrutiny from society as well as the judicial system. It is estimated that there are approximately 6 to 14 million gay fathers and lesbian mothers who are both biological and non-biological parents, thus the term family is gradually becoming ambiguous. Societal pressures that attempt to maintain the “traditional” family structure have adverse affects on the homosexual family; without a support system the likelihood of instability within the family becomes greater. Advocates of gay rights suggest that homosexuals must become more involved in issues pertaining to the homosexual community in order to further the progression of their legal and social status (Bozett 1987).
The dominant societal belief assumes that homosexuality is unhealthy for the family and a threat to society; however, it is important to realize that this argument has no evidence to support it. Those who support homosexual families suggest that sexual orientation is irrelevant and the legalization of same sex marriages may be beneficial to society; suppressing homosexuality only hinders the cohesiveness of the family unit. A healthy family unit embodies a sense of love, care, and devotion rather than an emphasis on sexual preference (Baird 1997).
HYPOTHESIS
Homosexual parents and their children encounter various forms of social prejudice, social inequalities, and judicial discrimination, due to the societal norms that chastise this kind of deviance. It is clear that homosexuals in general have encountered discrimination from all sectors of society. Even to this day, the federal government refuses to give lesbian and gay men civil rights protection. Although society is beginning to see a gradual shift toward an acceptance of same sex marriages, there are only eleven states that provide civil rights protection to gays. In 1997, nearly forty anti-gay marriage bills were proposed and over twenty of them were passed, which illustrates the dominant societal belief toward homosexuals. Although the acceptance of gays is changing both socially and legally, homophobic attitudes are still a major force that hinders progression. It is important to realize that prejudice and biases persist because homosexuals have
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