Equality: A Movement Essay, Research Paper

It was Friday June 27, 1969. New York’s crime syndicates are extorting large sums of protection money from gay bars. Any who can, or will, not pay are either “persuaded” or closed down after a visit from NYCPD’s Public Morals Section, who enforce the Mafia’s stranglehold on the city’s gay bars. The detectives from the Public Morals Section have no reason to believe that tonight’s raid on the gay Stonewall Inn will be anything but brief and businesslike. They arrest two bartenders, three drag queens, and a lesbian. The customers are allowed to leave one-by-one. A crowd of these customers quickly gathers outside the Stonewall Inn. Cries of defiance and cheers begin to rise from the swelling crowd (Lesbian).

Soon, the crowd becomes an angry mob. Out numbered, with no place to go, the police seek cover inside the Stonewall, bolting the heavy wooden door against the crowd. Outside an uprooted parking meter is used as a makeshift battering ram, the door flies open. Someone pours lighter fluid through a broken window– a match is thrown and the bar is in flames as police reinforcements begin to arrive.

By Sunday morning the riot has burnt itself out. Intermittent small incidents take place over the next four nights but the pent-up anger and fury of the gay community has been exhausted and replaced by an emotion they have never experienced before, pride. Within a month the first Gay Liberation Front meeting is held in New York (Lesbian).

Every year following the riot, now referred to simply as “Stonewall”, Americans, gay and straight alike, come together in almost every city across the country. They come together in remembrance of Stonewall, prior struggles for equality, and just to make sure

that the rest of the world knows that they exist and will never give in to oppression.

The purpose of the gay rights movement is to prompt open minded Americans to get involved by finding, joining and supporting state federal, legal, educational and family groups; in order to gain societal equality for all homosexual, bisexual, and transgendered Americans.

Since the 1960’s, societal equality and acceptance has eluded the gay rights movement; consequently, there has been all-too-often occurrences of hate crimes that are in dire need of legislation against them; therefore, our society needs to be educated in understanding in order to increase the chances of passing equal rights laws, and the federal government needs to provide the same protection against housing discrimination, employment discrimination, and basic human rights discrimination for homosexual Americans.

Hate Crimes

In every stage of these Oppressions We have Petitioned for Redress in the

most humble terms: Our repeated Petitions have been answered only by

repeated injury (Jefferson par. 30).

Alan Schindler joined the Navy to see the world. He joined the Navy to serve his country and earn money for college. In his eyes, these things were possible; it didn’t matter that he was gay. He soon found out, though, that others he was serving with didn’t hold these same beliefs. Schindler told his friends and family of being harassed by other shipmates. He said that when he admitted to a legal officer that he was homosexual, it

was an act of both liberation and desperation, because by then, afraid for his life, he

wanted out of the Navy (Lavin A-14).

Airman Apprentice Terry M. Helvey had initially developed a dislike for Schindler a year before, and was resentful at how Schindler had bossed him around on cleanup duty. His dislike grew more intense when word spread that Schindler was gay and was about to be discharged. On the night of October 27, 1993 Helvey and Airman Charles E. Vins went to a movie, then headed toward a park just outside the base in Japan, where they saw Schindler walking alone and decided to harass him (Lavin A-14).

When Schindler went into a public bathroom, Helvey and Vins followed. Both hit and kicked Schindler, with Helvey striking the major blows. When the assailants left a few minutes later, Schindler’s face was destroyed and several internal organs were injured, including mortal wounds to his heart and liver (Lavin A-14).

There are many ways to rob a person. All police see many victims. Most of them, relieved of their wallets or purses, wear expressions of shock and walk warily. Some bear the marks of a gun pressed against the small of their backs or of the abrasions of a gloved hand on their throats. The Laramie, Wyoming police who were called to the scene of Matthew Shepard’s murder, first were quoted as saying that robbery outside a bar was the primary motive for the attack, evidently by two men charged with the crime.

Shepard, a student who made no secret of the fact that he was gay, did not get

away with only a bruise. He was not found outside a bar, left to gather his senses and his remaining possessions. Two men lured Matthew out of a bar and into a pick-up, where

they began to pistol-whip him while driving to a remote location. They then tied

Matthew spread-eagled to a split-rail fence and bludgeoned his skull repeatedly with the

butt of a .357 Magnum. He was left tied to the fence, in below freezing temperatures,

until a bicyclist, initially thinking he was a scarecrow, found him unconscious 18 hours later. Rushed to the hospital, Shepard remained in a coma and never regained consciousness. The girlfriends of the killers connected the murder to the fact that Shepard was gay (Scott’s).

Russell Henderson, the first man charged for Shepard’s murder, plead guilty to the charges against him, and was given two consecutive life sentences on April 5, 1999.

“It is my hope that Russell Henderson will die in Wyoming State Penitentiary,” Albany county prosecutor Cal Rerucha said (qtd. in O’Brien N-1).

Rerucha also said that Aaron McKinney’s case, the second man charged with the death of Matthew Shepard, would definitely be a death penalty case (qtd. in O’Brien N-1).

McKinney was found guilty on charges of felony murder, second-degree murder, aggravated robbery, and kidnapping on November 3, 1999. McKinney will serve two consecutive life sentences for his role in Shepard’s death after a sentencing agreement between defense lawyers and the Shepard family to spare the defendant’s life. As part of the agreement, McKinney waives all rights to any appeal and parole (Whitaker N-7).

“I would like nothing better than to see you die, Mr. McKinney,” Dennis Shepard, Matthew Shepard’s father, said. “However, this is the time to begin the healing process. To show mercy to someone who refused to show any mercy…I’m going to grant you life, as hard as it is for me to do so, because of Matthew (qtd. in Whitaker N-7).”

Dennis Shepard said this trial was necessary to show the world that this was a hate

crime and “not a robbery gone bad (qtd. In Whitaker N-7).”

Describing his son as nice and tolerant of all people, he said, “He was not my gay son.

He was my son who happened to be gay. I loved my son…and was proud of him. You robbed me of something very precious and I will never forgive you for that. Mr. McKinney, I give you life in the memory of one who no longer lives. May you have a long life and may you thank Matthew everyday for it (qtd. In Whitaker N-8).”

The death of Matthew Shepard forced the political world to face up to the issue of hate-crime legislation. It also stirred the religious world to reappraise its own concepts of hate and crime, love and civility. They are being beckoned to rethink all their old slogans about loving the sinner but hating the sin. Hating the sin is a good idea, unfortunately, it is the one called the sinner who gets violated and murdered. Gay activists hold Shepard as an icon to inspire new resolve to change the legal climate. To lawmakers who have resisted passing hate-crime legislation, he is just one more irritant to explain away or ignore.

What the Law Says

We hold these truths to be self-evident, that all men are created equal…with

certain unalienable Rights…among these are Life, Liberty and the pursuit

of Happiness…That whenever any Form of Government becomes

destructive of these ends, it is the Right of the People to alter or to abolish

it…it is their right…to throw off such Government… (Jefferson par. 2)

In most countries, married couples exercise certain rights. These rights may be civil (such as the right not to have a spouse testify against one in a court of law), social (such as adoption rights), or economic (such as the right to file a joint tax return). They vary

widely from country to country. These rights may include, but aren’t limited to (see Fig.

1): the right to joint custody of children; the right to adopt children; rights to inherit one another’s property; spousal immigration rights, including the right to extend one’s citizenship to one’s spouse and children; rights to power of attorney; co-ownership of property; execution of living wills and/or medical decision-making power in cases of incapacitation; rights to share insurance and pension benefits; and the right to receive and dispose of a spouse’s body in the event of death (Partnership).

Governments that have created registries for same-sex couples have approached the issue in terms of equal protection and non-discrimination, and have avoided infringing on the rights of religious organizations to control their own policies with regard to same-sex unions. Legislators, policymakers, and human rights advocates have begun to address both inequities within the marriage relationship, and inequities between married relationships and other forms of existence.

Making a lifelong commitment to another person is something no one should

be denied. It is an individual, personal, and probably one of the most important

decisions two people can make – and it should be made without government interference.

Many lesbian and gay Americans are in committed, long-term relationships often taking on many of the responsibilities associated with civil marriage. Unlike legally

married people, however, lesbian and gay people cannot share in the economic and legal

benefits of civil marriage.

The Bill of Rights in the United States Constitution would only be well-meaning promises if people did not fight to protect them. The American Civil Liberties Union is

the leading national organization dedicated to defending and extending civil liberties,

including same-sex marriage, for all people in this country (About).

Solutions

Since their founding in 1920, the ACLU has learned that liberty must be defended over and over again. That’s why ACLU attorneys stand before the Supreme Court more often than anyone else except for the federal government itself. And for every case they bring before the Supreme Court, they bring hundreds more nationwide to lower courts and school boards (About).

The ACLU fights for the rights of all Americans. However, the Lambda Legal Defense exclusively fights for lesbian, gay, bisexual, and transgendered Americans. They also played a major role in a landmark decision in Vermont this year.

On December 20, 1999, the Vermont Supreme Court ruled that it was unconstitutional to deny marriage licenses to same-sex couples in that state. Rather than simply legalizing same-sex marriage, the court ordered the state Legislature to craft a solution. In March and April 2000, the Vermont Congress passed a comprehensive “civil-union” bill. Although he was under intense pressure by religious right organizations to veto the bill, Gov. Howard Dean showed his commitment to equality by signing the historic piece of legislation April 26, 2000 (“Dean” pars. 1, 4). The “civil union” bill allows for lesbians and gays living in Vermont to take part in civil unions, just as heterosexual couples can

marry. Same-sex couples will be entitled to all 300 or more benefits available under state law to married couples–including medical decisions, estate inheritance, overseeing burials, transferring property and certain tax breaks. Town clerks will be authorized to

give same-sex couples licenses, and clergy, justices of the peace or judges will make their

unions official. Family divorce courts will handle the dissolution of civil unions (“Dean” pars. 32-38).

“Our community has raised the public’s consciousness exponentially on the issue of equal marriage,” writes Elizabeth Birch, executive director of the Human Rights Campaign, in e-mail. “…the Vermont Supreme Court spoke compellingly about ‘our common humanity.’…”(Birch)

The mission of the Lambda Legal Defense is “to create social change and achieve full civil rights, dignity, and self-respect for gay, lesbian, and bisexual individuals through education, youth advocacy, anti-violence efforts, and fighting discrimination of all forms, to achieve full participation in society of persons belonging to a sexual minority (Lambda).” The Lambda Legal defense is a main player in many Courts-Martial cases dealing with homosexual misconduct in the military.

The majority of conservative Americans believe that exposure to just the issue of homosexuality will either scar their children and/or lead them to become homosexual themselves. Most reasonable people will agree that the way to raise awareness and understanding in adults is to educate them.

Released in 1996, “IT’S ELEMENTARY: Talking About Gay Issues In School”, is a

highly acclaimed film shot in first through eighth grade classrooms across the United States. The film is a window into what really happens when educators address gay issues with their students in age-appropriate ways (Irvine).

IT’S ELEMENTARY demystifies what it means to talk with kids about gay people.

The film makes a compelling argument that anti-gay prejudice and violence can be

prevented if children have an opportunity to have these discussions when they’re young (Irvine).

Since its release, the producers have run a remarkably successful grassroots distribution campaign, intended to make IT’S ELEMENTARY accessible to every conceivable type of institution working with children today. Through this effort,

the film has had an unprecedented impact, creating activism and public dialogue about dealing with lesbian and gay issues in schools(Irvine).

On May 20, 1996 the U.S. Supreme Court ruled that the passing of Colorado’s Amendment 2 was unconstitutional. The Amendment made it possible for employers, landlords, and anyone in a position of power to discriminate, legally against people if they were homosexual. The ruling marked the promise of Equal Protection a reality for lesbian, gay, and bisexual Americans. For the first time, the Supreme Court ruled that the government may not pass laws that single out lesbians and gay Americans for second-class status. This ruling was important because it was expected to bring an end to the anti-gay initiatives that had been proposed in states, cities and towns across the country over the past decade. Just as important, it established as a general principle that lesbians and gay men were entitled to the same constitutional protections granted to everyone else.

This was a profound ruling; one based on long-standing principles that would bring our country closer to the vision of equality outlined in the Bill of Rights.

Moreover, the Court firmly rejected the “special rights” rhetoric of those who would exclude lesbians and gay men from political life in America. In doing so, the Justices

disarmed a major component of the anti-gay agenda. Laws which protected people from

discrimination, the Court unequivocally stated, provide equal rights, not “special rights.”

Conclusion

Since the riot at Stonewall, the gay rights movement has been fighting for the rights of gay and lesbian Americans. Although, with help from the ACLU and the LAMBDA Legal Defense, they have made great headway, there is so much work left to be done. Gay and lesbian Americans are fighting a war with legislators for equal rights at both the state and federal level. It is a war that has been fought for decades. America is a country based on equality, not hostility, and fear

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Scott 12

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Scott 13

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