Equality before the law is an American value articulated in our Constitution. The struggle for equal rights in the United States is a dilemma that has helped shape our society into what it is today. We are on the cusp of recognizing the inherent need for equality in more than just skin color, gender or religion. Our growing understanding of what it means to discriminate, and the damage it inflicts, is enhanced with each passing year and has grown to reflect our collective understanding of freedom for all. However, lesbian, gay, bisexual, and transgender (LGBT) people today are denied many of the basic rights that most Americans enjoy and continue to be treated unfairly because of their sexual orientation or gender identity.
There has recently been successful movement forward in the areas of student non-discrimination, employment non-discrimination, hate crimes, immigration and LGBT partner benefits. The scale is tipping in our country toward the perception that LGBT people deserve equal human rights. Each of these areas of discrimination are addressed more in depth below.
Our nation's schools should be a place of study and social growth, preparing youth for the challenges of an ever-changing world. Unfortunately, students who are or perceived to be gay, lesbian, bisexual, or transgender are discriminated against every day. These individuals are subject to harassment, bullying, intimidation and violence. Numerous studies have demonstrated that discrimination in schools has contributed to high rates of absenteeism, dropout, adverse health consequences, and academic underachievement among LGBT youth. For a demographic that already faces higher than average suicide rates, it should be a top priority to engender a scholastic environment where every student can feel safe and encouraged. While current Federal statutes affords protected status to students on the basis of their race, gender, color, national origin, religion, and disability, they fail to provide civil protections explicitly based on sexual orientation or gender identity.
Countless qualified and hardworking Americans are denied job opportunities, fired, or other wise discriminated against just because they are lesbian, gay, bisexual or transgender. Currently, there fails to be a federal law that consistently protects LGBT individuals from employment discrimination, and as a result, they face serious mistreatment in the work force. The Employment Non-Discrimination Act (ENDA) would provide basic protections against workplace discrimination on the basis of sexual orientation or gender identity. ENDA affords all Americans basic employment protection from discrimination based on irrational prejudice. It extends federal employment discrimination protections already in place for race, religion, sex, national origin, age and disability to include sexual orientation and gender identity.
Hate crimes occur every day and in every state, perpetuating a climate of fear in minority communities--including the LGBT community. What makes these crimes so odious is that they are not just crimes against an individual; they are crimes against entire communities and the very values and ideals upon which our country was founded. Making matters worse, most local law enforcement agencies currently lack the necessary resources to effectively investigate and prosecute hate crimes based on sexual orientation or gender identity/expression.
Right now, U.S. citizens and legal permanent residents may sponsor their spouses (and other immediate family members) for immigration purposes. However, same-sex partners of U.S. citizens and permanent residents are not considered "spouses," and their partners cannot sponsor them for family-based immigration.
In June 2009, President Obama called for equal employment benefits for federal employees and issued an executive memorandum that granted some benefits to employees' same-sex partners. It is time that the federal government steps up and recognizes the miscarriage of justice happening in its own backyard. A large and growing number of America's major corporations, as well as state and local governments and educational institutions, have extended their employee benefit programs to cover their employees' committed domestic partners.
The fact that LGBT individuals are not allowed basic human rights is a concept that is rapidly changing in our country. Equality for all people is supposedly our given right in the Constitution. We live in an interesting time as the LGBT community finds its way toward protection from discrimination and inequality. We still have a long way to go. Hate toward us is still intense and grows in some states exponentially as rights are given. The general climate of the country seems to be becoming more accepting and open to equality for LGBTs. As equality and non-discrimination become more widely given we will be able live in this country more freely and safely.
