U.S. Gay/Lesbian Bias

Sixty-three percent of Americans describe discrimination against gays and lesbians as a “very” or “somewhat serious” problem in the United States. Americans who identify themselves as lesbian, gay, bisexual or transgender (LGBT) are even more likely to see discrimination as a serious problem, at 88%. The results are based on a Nov. 26-29, 2012 USA Today/Gallup poll. *

Americans overall and LGBT Americans have similar views on how challenging it is for gay or lesbian adults to live openly in their community. In this respect, both Americans and LGBT adults are generally positive, with a majority of each group saying it is “not too difficult” or “not at all difficult” to live as openly gay or lesbian. Still, about 40% of each group believes it is difficult to do so where they live.

The generally more negative views about gay and lesbian discrimination nationwide versus the more positive views about the difficulty of living as openly gay or lesbian in one’s local community could reflect Americans’ tendency to see conditions in the United States as a whole as worse than those in the area where they live. Another reason most LGBT Americans may say it is not difficult of live as openly gay or lesbian in their community is that they overwhelmingly see growing tolerance toward gays and lesbians. The poll finds 91% of LGBT adults saying people in their community have become more accepting of gays and lesbians in recent years.

 Gallup trends on gay and lesbian rights issues clearly indicate a trend toward growing acceptance and tolerance nationally in recent decades. Gallup now finds a majority of Americans favoring legal same-sex marriage, whereas a majority opposed it prior to 2011. Given the recent trajectory of these trends, and the fact that younger Americans are more accepting of gay and lesbian rights than older Americans, it would appear that the public will become even more tolerant in the future. A slim majority of Americans, 51%, say the public will eventually agree on gay rights issues in the future; but nearly as many, 45%, believe these issues “will always divide Americans.” LGBT adults are much more optimistic than Americans as a whole about an emerging consensus, with 77% believing Americans will agree on gay rights issues in the future and 21% believing the public will always be divided.

The heavily Democratic political leanings of LGBT adults may partly explain why they are more optimistic. The views of LGBT adults on future consensus are vey similar to those of Democrats overall. 65: of Democrats think the country will reach agreement on gay rights issues in the future, while 33% disagree. In contrast, a majority of Republicans, 61%, believe the U>S> will continue to be divided on gay rights issues.

While Democrats are more positive and Republicans less positive about the future for gay rights issues, Democrats are far more negative about gay and lesbian discrimination today than Republicans are. Eighty-one percent of Democrats say gay and lesbian discrimination is a very or somewhat serious problem in the United States today, compared with 48% of Republicans. Democrats’ views are similar to those of the LGBT population, among whom 88% say discrimination is a serious problem.

Though the demographic trends in gay rights issues would predict a growing consensus in the future, politics may get in the way of that. Republicans still trail Democrats and independents in this support for gay rights and it is unclear whether that will change. The Republican Party still officially opposes gay marriage. Those who oppose gay marriage most often cite biblical or religious teachings as the reason for their opposition. Consensus on gay marriage and other gay rights issues may depend on whether Republicans and those opposed to gay marriage on religious grounds hold firm to their current beliefs or follow the growing societal trend toward greater tolerance, acceptance, and equality for gays and lesbians.

*Results for this USA Today/Gallup poll are based on telephone interviews conducted Nov. 26-29, 2012, with a random sample of 1,015 adults, aged 18 and older, living in all 50 U.S. states and the District of Columbia.

Key Dates In The Fight For Equality

The journey to LGBT equality in America has taken many years. More visibility and a lot of hard work has led to greater consciousness and support. Here is a look at some of the key moments in American LGBT history:

June 28, 1969: Start of the gay rights movement

The Stonewall Riots begin after police raid a popular unlicensed gay bar, the Stonewall Inn, in New York City’s Greenwich Village. The riots, which lasted for days, were triggered by police harassment of gays, according to media reports. This is considered by many to herald the start of the gay rights movement in the U.S.

June 27-28, 1970: First gay pride parades

On the anniversary of the Stonewall Riots, the nation’s first gay pride parades are held in four cities – New York, Chicago, San Francisco and Los Angeles. Pride events now are held worldwide every year.

1973: Homosexuality no longer classified as a mental disorder

The American Psychological Association’s Board of Trustees votes to remove homosexuality from its diagnostic manual of mental disorders, influenced by psychologist Dr. Robert Spitzer, who provided data showing there was no clear link between homosexuality and mental illness. A few years later, gay members of the APA formed the Association of Gay and Lesbian Psychiatrists.

Nov. 27, 1978: Assassination of Harvey Milk

Milk became the first openly gay man elected to office in a major U.S. city when he won a seat on San Francisco’s Board of Supervisors in early 1978. An outspoken advocate for gay rights, he urged gays to come out and fight for their rights.

May 30, 1987: Congressman comes out

Rep. Barney Frank becomes the first openly gay member of Congress. Twenty-five years later, in July 2012, he married his longtime partner. He re-introduced the Employment Non-Discrimination Act, which prohibits employers from discriminating based on someone’s sexual orientation or gender identity. The bill did not pass. This year an ENDA bill was introduced yet again by different lawmakers, in both the House and Senate. Frank retired in January 2013 after serving for 16 terms as a Democratic representative from Massachusetts.

1993: ‘Don’t ask, don’t tell’

President Bill Clinton enacts “don’t ask, don’t tell” a policy preventing gays from openly serving in the military. Under it, an estimated 13,000 people were expelled from the U.S. Armed Forces. President Barack Obama repealed the policy in 2011.

1996: Congress bars federal recognition of same-sex marriage (DOMA)

Congress passes the Defense of Marriage Act. Section 3 of the statue bars recognition of same-sex marriage, affecting more than 1,100 provisions of federal laws. It denies gay couples the right to file joint taxes and the protections of the Family Medical and Leave Act, and it blocks surviving spouses from accessing veterans’ benefits, among other things. The Supreme Court heard a challenge to DOMA on March 27, 2013. Bill Clinton, who signed the legislation, recently came out against the law and asked the Supreme Court to repeal it. On June 26, SCOTUS declared the law unconstitutional.

2000: First state to allow same-sex civil unions

Vermont becomes the first state to allow same-sex couples to join their lives via civil unions. The state approved same-sex marriage in 2009.

2003: Anti-sodomy law struck down

The Supreme Court strikes down a Texas anti-sodomy law, reversing an earlier decision made in another case 17 years earlier.

May 17, 2004: Massachusetts legalizes gay marriage

Massachusetts becomes the first U.S. state to legalize same-sex marriage after the state Supreme Court ruled the ban on same-sex marriage was unconstitutional.

2004: State same-sex marriage bans

A dozen states pass constitutional amendments banning same-sex marriage. The amendments become a popular method to attempt to block legislative acts and judicial decisions on the issue.

2008: California’s Pro. 8 nixes gay marriage

California’s Supreme Court rules that gays and lesbians should be allowed to wed. For a short time that year, some 18,000 same-sex couples tie the knot in the Golden State. But in November, voters approved a constitutional amendment banning same-sex marriage (Proposition 8) after a hard-fought, multimillion-dollar campaign – one of the most expensive on this issue. The Supreme Court heard a challenge to Prop. 8 on March 26, 2013 and in June SCOTUS paved the way for same-sex marriages in California.

October 28, 2009: Hate Crimes Prevention Act

President Barack Obama signs into law the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. The hate crimes prevention law requires the RBI to track hate crimes based on gender and gender identity, and gives the Department of Justice the power to prosecute crimes that were motivated by the victim’s race, religion, national origin, gender, sexual orientation, gender identity or disability.

May 9, 2012: First sitting president to support same-sex marriage

Barack Obama becomes the first sitting U.S. president to back marriage for gay and lesbian couples. It marked a reversal from his 2008 campaign, when he said he opposed same-sex marriage but favored civil unions as an alternative.

Nov. 4, 2012: In a first, gay marriage wins at the ballot box

Voters in Maine approve same-sex marriage in the first vote brought by supporters, while voters in Maryland and Washington uphold state legislation allowing gays and lesbians to wed. And in Minnesota, voters reject – for just the second time nationwide – a constitutional amendment to ban gay marriage.

May 23, 2013: Boy Scouts life ban on gay youth

Members of the Boy Scouts of America’s council vote to remove the ban against gay scouts, causing conflict with some faith-based supporters. The Boy Scouts’ ban on gay adult leaders remains in place.

June 20, 2013: ‘Ex-gay’ group shuts down

Exodus International, a group that claimed it could cure same-sex attraction via prayer and therapy, announces it will close its doors after more than three decades.

June 26, 2013: U.S. Supreme Court strikes down DOMA, allows same-sex marriage to resume in California. In a 5-4 decision, the U.S. Supreme Court strikes down the 1996 Defense of Marriage Act as unconstitutional. DOMA defined marriage as a union between one man and one woman. Gay couples legally married in their states will now be granted federal benefits such as family leave and Social Security survivor benefits. On the day, SCOTUS rules on Proposition 8, a hotly contested ban on gay marriage in California. The justices found supporters of the ban did not have the legal standing to appeal a lower court’s decision against it. Two days later, a federal appeals court lifted its stay on same-sex marriages in the state.

How many people are LGBT?

Increasing number of population-based surveys in the United States and across the world are including questions that allow for an estimate of the size of the lesbian, gay, bisexual, and transgender population. Problems with accuracy are writhed with discrepancy in these surveys. Larger samples, confidentiality and anonymity will increase the likelihood of LGBT respondents to identify themselves--producing more precise estimates. It is also challenging to research and measure the LGBT community because of the lack of consistent questions asked on different surveys. Willingness of respondents to report stigmatizing identities and behaviors also affect the variation among estimates of LGBT population.

In measuring sexual orientation, lesbian, gay and bisexual individuals may be identified strictly based on their self-identity or it may be possible to consider same-sex behavior or sexual attraction. Some surveys also access household relationships and provide a way of identifying those who are in same-sex relationships. Defining the transgender population can be challenging because of the varying forms of gender expression or non-conformity. Self-identity is one way to measure the transgender community. 

Federal data sources designed to provide the American Community Survey do not include direct questions regarding sexual orientation or gender identity. This leaves findings from combined population-based surveys the only current mechanism to produce credible estimates for the size of the LGBT community.

Some of the key findings from this research follows:
An estimated 3.5% of adults in the United States identify as lesbian, gay, or bisexual and an estimated 0.3% of adults are transgender. This implies that there are approximately 9 million LGBT Americans.

Among adults who identify as LGBT, bisexuals comprise a slight majority (1.8% compared to 1.7% who identify as lesbian or gay). Women are substantially more likely than men to identify as bisexual. Bisexuals comprise more than half of the lesbian and bisexual population among women and conversely, gay men comprise substantially more than half of gay and bisexual men in many of the surveys.

Estimates of those who report any lifetime same-sex behavior and any same-sex sexual attraction are substantially higher than estimates of those who identify as LGBT. An estimated 19 million Americans (8.2%) report that they have engaged in same-sex sexual behavior and nearly 25.6 million Americans (11%) acknowledge at lease some same-sex sexual attraction. There are also nearly 700,000 transgender individuals in the US. Given these findings, it seems reasonable to assert that approximately 9 million Americans identify as LGBT.

By way of comparison, these analyses suggest that the size of the LGBT community is roughly equivalent to the population of New Jersey. The number of adults who have had same-sex sexual experiences is approximately equal to the population of Florida while those who have some same-sex attraction comprise more individuals than the population of Texas.

Understanding the size of the LGBT population is the first step in promoting public policy as well as research topics. The LGBT community has been vastly understudied. Current surveys are demonstrating the viability of sexual orientation and gender identity at the national, state, and local level. This will greatly raise awareness and better enable an understanding of the LGBT community.

Russia’s Severe Stance On LGBTs

On June 30th of this year, Vladimir Putin signed an ‘anti-homosexual propaganda’ bill into law. The bill imposes jail terms and fines of up to 200,000 rubles for those found guilty of disseminating propaganda that may cause a ‘distorted understanding’ that gay and heterosexual relations are ‘socially equivalent’. This bill has already sparked bullying, vigilante violence and even murder targeted towards LGBT people –  especially teens across Russia.

An alarming dilemma facing the world is the upcoming winter Olympics that are to be held in 2014 in Sochi, Russia. The new laws apply to both tourists and athletes who will be attending the Olympics in Sochi.

The three Olympic values are “Friendship, Respect and Excellence” – along with the four Paralympic values; “Determination, Inspiration, Courage and Equality’. The IOC values document goes further to define equality: ‘Everyone has basic rights and emotional needs, no matter whether we have disabilities or belong to a different race, religion or sexuality. We uphold the idea of commonality and sameness although we are all different.”

The new Russian law and the Olympic values are at complete odds with one another. Does sending LGBT athletes to Sochi, Russia put them at risk? Is there anything we can do?

Unless you happen to work for the IOC or the Russian government, there’s not a great deal you can do directly. Would personal activism or collective activism stand a chance of making an impact?

What would hurt those in power is the potential international embarrassment of having a prestigious event such as the Winter Olympics either taken from them and awarded to another country, of falling flat on its face due to a widespread athlete and tourist boycott. Both would be a disaster for Russia, a fiercely proud nation. The fact is that without outside pressure, Russia will be in no rush to repeal the repellent homophobic laws that they’ve just instated.

It is entirely understandable that some people are clamoring for a boycott of the 2014 Winter Olympics, given the horrific events unfolding in Russia. However, the reality is that a boycott would have very little impact beyond depriving athletes of an opportunity to compete. For a boycott to have any meaningful impact, it would necessitate the participation of a large proportion of competing nations. It is unlikely that more socially conservative countries would take such a strong stand for LGBT rights. What you would be left with in the aftermath of a half-hearted boycott would be a raft of disappointed athletes and very little progress in the fight back against the oppression perpetrated by the Russian government.

Nikolai Alekseev, the public face of Russian LGBT activism, has decided to organize Sochi Pride to coincide with the event. This is a highly risky course of action, given the latest legislation imposing a federal ban of Pride rallies. However, it is also an extremely clever idea. After all, even if we assume that Putin is not genuine when he promises that the “anti-gay propaganda bill’ will not apply to visiting delegations to the games, it will leave the Kremlin in an incredibly difficult position with little room for maneuver in a situation when international activists join local campaigners to march for an end to the madness. Arresting scores of activists from all over the world would be nothing short of a PR disaster for Putin and the Russian government.

You could also argue that a far more effective way forward would be for the athletes to stage a protest at the games themselves. While it is a universally accepted notion that the lines between politics and sport should not be blurred, it is perhaps worth asking whether the dire situation in Russia nullifies that principle.

The International Olympic Committee has spoken out, saying it has received assurances from the “highest level” of Russian government that athletes and spectators will be exempt from the anti-gay legislation. There is growing support that the Olympics should not be used as a political statement. It will be interesting to see how this situation plays out with the current climate in the world of emerging support for the human rights of LGBTs.

Respect for All Married Couples -- Repealing Section 3 of DOMA

The Supreme Court’s recent decision to repeal part of DOMA has brought about a great relief to LGBTs. It is important to understand more about the different parts of DOMA and how each affects us.

In 1996, to help defend one-man, one-woman marriage from efforts to redefine it, the United States Congress overwhelmingly passed- and President Bill Clinton signed – the “Defense of Marriage Act.” It defined marriage in federal law and enabled states to decline to recognize same-sex marriages from other states.

DOMA defined marriage in federal law as follows:

In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.

The Defense of Marriage also affirms the power of each state to make its own decision as to whether it will accept or reject same-sex marriages created in other jurisdictions.

Any attempt to repeal either of the two DOMA sections will have significant implications. Repeal of the first section would eliminate the uniform definition of marriage across federal statutes and programs. Repeal of the second component would make it much more difficult for a State to refuse to recognize same-sex marriages from other States.

The Supreme Court’s resent historic ruling striking down Section 3 of the discriminatory Defense of Marriage Act (DOMA) is an enormous victory for loving, married couples and their families, and affirms that they deserve equal treatment under the law. This victory demonstrates the importance of access to marriage, and gives married same-sex couples access to the tangible benefits of the federal safety net, allowing them to better protect one another and their children.

Ending DOMA lifts up all LGBT people, even if it does not end our work. DOMA was an official federal policy disapproving of gay people and same-sex relationships, often imitated by states and imposed a second-class status on our lawful marriages by negating them for all federal purposes. The Court has now affirmed that equal protection guarantees apply to the relationships of LGBY people and has replaced federal disrespect with federal respect for our lawful marriages. This victory will energize our work moving forward so that we can achieve a reality in which every single same-sex couple enjoys full and equal protections under the law, regardless of where they live.

For legally married couples living outside of a marriage state of the District of Columbia, there are still many questions about when they will be equally able to share in federal protections, responsibilities, and programs. This is because the federal government typically defers to the states in determining whether a couple’s marriage is valid. There is no one rule across all federal agencies. Some agencies look to the law of the state where a couple married regardless of the law of the state where the couple now lives, while others look to the law of the state where the couple is living now.

I think the federal government can and should take action, where necessary, to ensure that married couples in all states have access to the largest number of federal programs. The federal government is already looking at how federal agencies can ensure fair and equal treatment of all married couples where possible. However, at this time, there are a number of important federal benefits that depend on whether your marriage is recognized where you live, so couples who live in states with bans on marriage by same-sex couples should proceed with caution before making the decision to marry.

One question that comes up frequently now has to do with wondering if all of DOMA is now completely repealed? The answer is no.

The Windsor case challenged the constitutionality of Section 3 of DOMA, the part that discriminatorily excluded married same-sex couples from federal protections, responsibilities, and programs. Section 2 of DOMA, which says that states may discriminate against gay couples legally married in other states, still stands. Legislative action will be needed to remove it, although getting rid of Section 2 will not eliminate discriminatory state marriage laws.

The Respect for Marriage Act, a bill pending in Congress that enjoys bipartisan support and the backing of President Obama, would fully repeal all of DOMA. It would also ensure that all married couples – including same-sex couples – enjoy equal rights under federal law. It would not tell states what to do, but would ensure that the federal government treats all marriages with respect.

Gay marriage quotes: Reaction to 2013 Supreme Court rulings

The United States Supreme Court delivered a landmark victory for gay rights on June 26, 2013 by forcing the federal government to recognize same-sex marriages in states where it is legal and paving the way for it in California, the most populous state. The two cases, both decided on 5-4 votes, concerned the constitutionality of a key part of a federal law, the 1996 Defense of Marriage Act (DOMA), that denied benefits to same-sex married couples, and a voter-approved California state law enacted in 2008, called Proposition 8, that banned gay marriage.

The following are reaction quotes to the Supreme Court’s decisions in the two gay marriage cases gathered by Associated Press Politico.com:

“The laws of our land are catching up to the fundamental truth that millions of Americans hold in our hearts: when all Americans are treated as equal, no matter who they are or whom they love, we are all more free.” – President Barack Obama.

“While I am obviously disappointed in the ruling, it is always critical that we protect our system of checks and balances. A robust national debate over marriage will continue in the public square, and it is my hope that states will define marriage as the union between one man and one woman.” – House Speaker John Boehner, R-Ohio.

“The Supreme Court’s decision affirms that all couples, regardless of their sexual orientation, deserve the same rights and opportunities under the law that my wife and I enjoy. The Defense of Marriage Act was a discriminatory law that unfairly treated LGBT couples differently, and has rightly been relegated to the dust bin of history.” – Sen. Michael Bennet, D-Colo.

“While we are disappointed in the Supreme Court’s decision to strike down part of the federal Defense of Marriage Act, the court today did not impose the sweeping nationwide redefinition of natural marriage that was sought. Time is not on the side of those seeking to create same-sex ‘marriage.’ As the American people are given time to experience the actual consequences of redefining marriage, the public debate and opposition to the redefinition of natural marriage will undoubtedly intensify.” – Tony Perkins, president of the Family Research Council.

“This is a watershed moment for equality and a clear statement from the highest court in the land that discrimination and hatred have no place in a country founded on the principles of liberty, justice and equality.” – Rick Jacobs, chair of the California-based CourageCampaign.org.

“At the heart of the gay marriage argument is an untruth: unions of two men or women are not the same as unions of husband and wife. The law cannot make it so, it can only require us to paint pretty pictures to cover up deep truths embedded in human nature.” – Maggie Gallagher, fellow at the American Principles Project and co-founder of the National Organization for Marriage.

“Today’s ruling affirms what we stand for as Americans – the guarantee that every person and every family is given equal respect under the law. It means that married same-sex couples can participate fully in federal programs that provide much-needed security for American families.” –Rep. Jerrold Nadler, D-N.Y.

“We are devastated that the Supreme Court succumbed to political pressure by voting to weaken the sacred institution. They neglected our most precious children who need a mother and a father united in marriage for healthy development.” – Rev. William Owens, president of Coalition of African-American Pastors.

“Marriage is the true foundation for strong families. Every loving, committed couple deserves the basic human right to get married, start a family, and be treated equally under the law. No politician from this day forward should try to stand in the way of this fact.” – Sen. Kirsten Gillibrand, D-N.Y.

“The U.S. Supreme Court’s decision today puts the court on the right side of history. DOMA is unjust, un-American, and out of step with the values of our country.” – Rep. Jim Moran, D-VA.

“The Supreme Court bent the arc of history once again toward justice. The court placed itself on the right side of history by discarding Section 3 of the defenseless Defense of Marriage Act and by allowing marriage equality for all families in California. The highest court in the land reaffirmed the promise inscribed into its walls: ‘equal justice under law.” – House Democratic Leader Nancy Pelosi, D-Calif.

“Today’s rulings advance civil marriage equality, but they should also serve as a call for Christians to embrace religious marriage equality. Countless faithful Christians have lived out their lives in committed same-sex relationships, and we have seen the fruits of their fidelity in our families, our congregations and our communities. If we use this historic moment to see more clearly how their faithfulness contributes to the common good, we will better be able to walk with our LGBT sisters and brothers as an act of Christian faith.” – Rev. Gary Hall, dean of Washington National Cathedral.