That’s tomorrow — May 17.
The International Day Against Homophobia and Transphobia.
Homophobia and transphobia — or rather, anti-gay and anti-trans thoughts, words, and actions — are deeply rooted in many cultures, including inside the United States. In reality, they need far more than one day of discussion and recognition. One day is not enough.
When I started thinking about this post, I thought of all the ways such sentiments show up in everyday life. It’s so much that I couldn’t possibly write everything. Then I thought some more — this was when Arizona SB1432, the “show your papers to pee” bill, was topping my newsfeeds — and it occurred to me how very much of this discrimination has been coded into law, is being encoded into law even now.
Even then, I had to narrow my search parameters — to the United States, to the relatively recent past. Otherwise, it’s just too much.
And even then, a lot of the bias remains in what’s not covered — people and situations for which the law does not provide. For groups of people who are still discriminated against, harassed, threatened, assaulted, killed by individual citizens or private organizations — this lack of necessary legislation still causes active harm.
This first set examines a number of laws — some national, some state — and Supreme Court rulings from the recent past.
1960 — Is as good a place to start as any. This is because in 1960, every state in the United States maintained laws against sodomy. Illinois was the first state to repeal its statute in 1961; Arizona followed suit 40 years later.
1967 — In Boutilier v. Immigration and Naturalization Service, the United States Supreme Court held that gay folk were included under those “afflicted with psychopathic personality.” They could thus be refused admission — or deported — simply for being gay. This remained in effect until immigration law was reformed in 1990. Continue reading