Introduction to LGBTQ+ Studies A Cross-Disciplinary Approach LGBTQ+ Legal History

164 Legal History Dara . LEARNING OBJECTIVES Upon completion of this chapter , students will be able to do the following Describe how people struggle for social justice within ical of inequality . Recognize that progress faces resistance and does not follow a linear path . Identify key approaches within studies , and discuss at least the legal history approach in detail . INTRODUCTION Historians often face the difficult task of determining how and when to tell the story of certain events , ideas , or people . This is no less true in telling the history of law in the United States . It may be surprising to many , but laws have a long , storied past and have existed as long as the United States itself . Laws enacted at local and state levels have long been used to regulate acceptable sex and gender norms . For example , in Arresting Dress , Clare Sears writes about the San Francisco laws that outlawed These laws and resistance to them tell important stories about how practices were regulated . This chapter focuses on some of the key legal doctrines that have been crucial in determining the overall landscape of rights in the United States and the Supreme Court interpretation of the US . Constitution and its application to protecting members of communities .

Legal History 165 Throughout this chapter it is important to remember that our system of constitutional law is premised on the rights in the federal constitution being natural is , rights that are inalienable and our government . What this means is that the Bill of Rights , the first ten amendments to the Constitution , does not grant any rights . Rather , each amendment represents a mandate for the government to not interfere with individual rights or to not prevent others from doing so . For example , the First Amendment right to free speech does not mean that the government has to give you the means to speak , but it can not interfere with your inalienable right to do so ?

Crucial to any claim to protected rights is that one must be recognized as human . As anyone who is familiar with history knows , enslaved African and African Americans were deemed to be chattel ( property ) and not human , which served to deny them protections as by these rights . In tion , women , particularly married women , were not recognized as pendent citizens and also lacked many of the Constitution rights . Though this egregious thinking would begin to be overturned in the latter half of the nineteenth century , keep it in mind as we survey the rights that eventually applied to members of the communities . Ironically , sexuality , so basic to the human experience , was never mentioned in the original federal constitution or by James Madison , the principal architect of the Bill of Rights . This chapter provides an standing of the constitutionally based issues that have recent outcomes of the protected rights of communities . We begin with a closer look at the tenets that paved the way for recognition of sexual rights . Next we examine the process that eventually led the Supreme Court to extend these rights to include lesbian and gay . After that Explore The Supreme Court website ( has more information about the Supreme Court , how it works , and its history and traditions . Find a case discussed in this chapter , and read or listen to the oral arguments presented for the case . Do these materials help you understand the case better ?

How does the Supreme Court work , and what are some of its traditions ?

Read about the court and constitutional interpretation why is the Supreme Court considered a unique institution by world standards ?

What role does the Constitution play in this history ?

Bill of Rights The first ten amendments to the Constitution containing guarantees of personal freedoms and rights , clear limitations on the power in judicial and other proceedings , and explicit declarations that all powers not granted to the US . Congress by the Constitution are reserved for the states or the people . chattel Property that is movable in terms of slavery , people are treated as the personal property of the person who claims to own them and are bought and sold as commodities .

166 Introduction to Studies Ninth Amendment A part of the Bill of Rights , this amendment addresses rights , retained by the people , that are not in the Constitution . coverture A legal doctrine whereby , upon marriage , a woman legal rights and obligations are subsumed by those of her husband . extension , the next large hurdle confronting the Court was the question of marriage equality . Finally , we consider recent issues before the court that go beyond sexual rights but strike at core understandings of equality . SEXUAL RIGHTS AND THE CONSTITUTION The Constitution approved by the delegates to the 1787 Constitutional Convention did not include the protection of rights that were in the ten constitutional amendments , known as the Bill of Rights , that were eventually ratified in 1791 . These amendments included guarantees such as the right to free speech , the right to due process , and the right to a speedy trial What was not or made explicit was a right to sexual liberty . How , then , would we the people come to expect the Constitution to protect such rights , particularly with respect to ?

An answer to this question begins with the Ninth ment statement that the enumeration in the Constitution , of certain rights , shall not be construed to deny or disparage others retained by the The inclusion of this amendment makes clear that the rights explicitly stated were not exclusive of those that were unenumerated and those that could not be anticipated . As the authors of Sexual Rights in America write , As the guardian of fundamental rights unanticipated or underappreciated two centuries past , the Ninth Amendment transforms the Constitution from a static record of our forebears political and moral understandings into a dynamic and evolving expression of our basic To be clear , the Ninth Amendment was not intended to protect the rights of all . As noted earlier , rights were explicitly denied to the enslaved Africans and African Americans who were considered to be not human but chattel , the name given to things which in law are deemed personal Nor was the full range of rights available to women , particularly married women , who essentially merged their individuality into that of their husbands under the law of coverture . This meant that women were not only denied the vote but , when married , could not sign contracts or conduct other business independent from their husbands ! Nevertheless , the inclusion of the Ninth Amendment in the Bill of Rights provides a basis for protecting those rights considered to be ural and thus fundamental to liberty . As some have argued , this includes basic sexual rights , although the range and extent of these rights remains a source of great division among legal scholars and This was precisely the point made by Arthur Goldberg ( in his concurring opinion in Connecticut ( 1965 ) in which the

Legal History 167 Figure . Arthur . Goldberg . Bert . Supreme Court found that a married couple had the fundamental right to privacy within marriage ?

Arguing that the Ninth Amendment provided a constitutional basis for recognizing this fundamental right , Goldberg stated , To hold that a right so basic and fundamental and so rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the eight amendments to the Constitution is to ignore the Ninth Amendment , and to give it no effect whatsoever ?

Despite what might appear to be an easy way to expand on the rights protected by the Ninth Amendment , the court has rarely addressed its meaning or expanded the list of unenumerated rights it might imply . The amendment that would provide the basis for sexual rights was the Fourteenth Amendment , one of the three amendments in the War period , which states in part , No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life , liberty , or property , Fourteenth Amendment Adopted on July , 1868 , as one of the Reconstruction Amendments , this amendment to the Constitution addresses citizenship rights and equal protection of the laws and is one of the most parts of the Constitution .

168 Introduction to Studies without due process of law nor deny to any person within its jurisdiction the equal protection of the One interesting point to consider is that this amendment was in response to the scourge of slavery system of racism . Under the Amendment , states could no longer deny some of its residents , particularly formerly enslaved people , their rights protected by the federal constitution . The least clause , the privileges and immunities clause , was limited in scope by the Supreme Court in the Cases ( 1873 ) However , the equal protection and due process clauses have played roles in the development of rights . The Fourteenth Amendment due process clause does not specify what liberties it is meant to protect . The Court answered this question in Connecticut ( 1937 ) Writing for the Supreme Court , Benjamin found that this clause protected only those liberties that were of the very essence of a scheme of ordered liberty . As a result of this decision , the liberties protected by the Bill of Rights were gradually applied to the states as well . The case , in which the Supreme Court was asked to rule on whether a married couple had a right to birth control , took the decision further and looked at whether such a right emanated from those within the Bill of Rights . In his majority opinion , William Douglas wrote that guarantees in the Bill of Rights have , formed by emanations from those guarantees that help give them life and substance . He noted that a number of these guarantees create zones of privacy that suggest the framers certainly understood the existence of a fundamental right to privacy . Once this fundamental right was recognized , Douglas aptly applied it to intimate decisions between married As is well known , this fundamental right to privacy became the basis for Justice Harry ( majority opinion in Roe Wade ( 1973 ) which found that Texas did not have enough of an interest in interfering with a woman fundamental right to privacy in choosing whether to have an abortion during the The right to privacy was altered by the courts subsequent decision in Planned Parenthood ( 1992 ) so that the question of the states interest in preventing women from exercising their fundamental right to privacy came to be measured against fetal viability the more viable , the more the state had an interest in ing the Some have suggested that the Casey decision limited the fundamental quality of women right to privacy and is indicative of the Courts willingness to limit the liberties protected under this Fourteenth

Legal History 169 Figure . Harry . Public domain , Library of Congress . Amendment right . Nevertheless , the Supreme Court decisions in the reproductive rights cases created the legal doctrine of the fundamental right to privacy that would eventually become useful in expanding the sexual rights extended to lesbian , gays , and bisexuals . The Supreme Court considered whether the right to privacy applied to sexuality in Bowers In this decision , made in 1986 as the AIDS epidemic was ravaging members of communities , the Supreme Court demonstrated that it was unwilling to extend the fundamental right to privacy protections to gay men . The Bowers case arose from a challenge to Georgia laws . A remarkable fact in Bowers was that the acts in question occurred in the privacy of Michael bedroom . An Atlanta police officer went to serve what turned out to be an invalid arrest warrant on wick for his failure to appear in court on a citation for alleged public drinking . roommate allowed the to enter , whereupon he opened the bedroom door to find and another man having sex . The officer arrested both men , charging them with homosexual sodomy , a felony under Georgia From a legal advocacy perspective , this

170 Introduction to Studies made the fact pattern in Bowers ideal to challenge Georgia sodomy law under the fundamental right to privacy . However , writing for the Court , Byron White did not constitutional protection for homosexual sodomy . White noted the court previous review of fundamental rights surrounding heterosexual reproductive rights and found that homosexual sodomy was not implicit in the concept of ordered liberty , such that neither liberty nor justice would exist if they were He also dismissed the idea that the right to engage in homosexual sodomy was not so deeply rooted in this Nation history and tradition . This idea , that somehow homosexuality was not a part of US . history , inspired historians to produce a range of scholarship that would become mental in the courts decision to overturn Bowers . It took the Court seventeen years to overturn its Bowers decision , during which several states continued to criminalize sexuality . It is notable , however , that in terms of the history of overturned precedents this period was brief . For instance , the courts seminal Brown Board decision , ending segregation in education , was issued nearly sixty years after the doctrine was set forth in Ferguson , allowing states to impose legally sanctioned racial The Bowers decision , however , held sway in the midst of the AIDS crisis and fostered an environment in which untold numbers of gay men would forgo early medical intervention in addressing the virus for fear of facing criminal By 2003 the cultural landscape had shifted enough for the court to reconsider the question of the fundamental right to privacy protections afforded to homosexual sex in the case of Lawrence Texas ( 2003 ) Writing for the majority , Anthony Kennedy ( noted that the facts in Lawrence were similar to Bowers in that Lawrence and Garner were arrested for committing sodomy in the privacy of John Lawrence home when a police entered in response to a call about a weapons The law in Texas criminalized homosexual but not sexual sodomy . While advocates offered equal protection arguments in addition to the Fourteenth due process protection of the fundamental right to privacy , Kennedy wrote that the case should be resolved by determining whether the petitioners were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause of the Fourteenth Amendment to the 24 Kennedy wrote that the sodomy laws sought to control behavior that was within the liberty of persons to choose without being punished as criminals . It for us to acknowledge that adults may choose to enter upon this relationship in the of

Legal History 171 Figure . Anthony Kennedy . Public domain . their homes and their own private lives and still retain their dignity as free persons . When sexuality finds overt expression in intimate conduct with another person , the conduct can be but one element in a personal bond that is more enduring . The liberty protected by the Constitution allows homosexual persons the right to make this Kennedy opinion challenged the historical framework previously set forth in Bowers and , in so doing , established the ness of homosexual intimacy as a liberty protected by the fundamental right to privacy . It is noteworthy that Kennedy did not embrace the equal protection clause in his decision , noting that were we to hold the statute invalid under the Equal Protection Clause some might question whether a prohibition would be valid if drawn differently , say , to prohibit the duct both between and Kennedy did acknowledge that homosexual sodomy would lead to homosexuality itself , removing an unequal burden placed on homosexuals for their sexual intimacies . One can not overstate the impact of the Lawrence decision on the lives of people whose intimate practices had protection as a fundamental liberty . That being said , some question the dependency

172 Introduction to Studies assimilationist A political approach that focuses on the system from within , trying hard to into the status quo integrating . Visit ( pronounced ) is a multimedia archive devoted to making Supreme Court decisions available to all . It is a collaboration between nell Legal Information Institute , and College of Law . Visit the web page for the Supreme Court decision in Bowers , 140 . Listen to the oral argument what surprised you the most about this exchange ?

Visit the web page for the Supreme Court decision in Lawrence Texas , Listen to the oral argument for Lawrence how does it pare with the oral arguments made in Bowers ?

of this liberty on a fundamental right to privacy because this emphasis on private sexual activities runs counter to practices within homosexual They suggest that for gay men cruising and sex in public spaces has been an important , integral part of their identities . Within this context , the private sex that the fundamental right is based on is viewed as assimilationist because it continues to marginalize homosexuals or even outright erase components of their MARRIAGE EQUALITY Having achieved the of homosexuality in Lawrence , the question of the legal status of marriage became a focus of activism . This was due , in part , to the increase in sentiment that resulted from the notion that the Lawrence decision had gone too far in normalizing homosexuality . this concern when he noted that after the court ruling , limiting marriage to heterosexuals was on pretty shaky 29 The focus on marriage equality was also due to couples being denied basic protections during the AIDS epidemic , ranging from partners being denied input into medical to the eviction of surviving partners from their As advocates conducted a effort to gain marriage equality , became the first state in which its court ruled on the issue . In the 1996 case of ' originally known as when it was brought to court in 1993 ) the Hawaii Supreme

Legal History Court ruled that marriage was legal given the state tion equal rights However , the impact of this decision was curtailed by the state legislature in 1998 when , after a statewide dum , it amended the state constitution to marriage to be legal only for couples . This constitutional change the federal Defense of Marriage Act of 1996 ( which marriage as 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 32 During the ensuing period , several states took up the question of whether state laws would allow or ban . In 2004 Massachusetts became the first state to legalize marriage . By the time the Supreme Court addressed the question of marriage in United States Windsor , states had legalized marriage was not wholly embraced within . Some , like the attorney Paula , argued that marriage was a patriarchal institution that would not liberate lesbians and gay men but would force our assimilation into the mainstream and undermine the goals of gay liberation . Others maintained that marriage was misdirecting the movement attention away from more important efforts , including the kind of legal reform that would overturn laws targeting Despite these objections , the main advocacy groups focused the bulk of their efforts on Defense of Marriage Act of 1996 A US . federal law passed by the Congress and signed into law by President Bill Clinton , marriage for federal purposes as the union of one man and one woman . The law allowed states to refuse to recognize sex marriages granted under the laws of other states . However , the provisions were ruled unconstitutional or left effectively unenforceable by Supreme Court decisions in the cases of United States Windsor ( 2013 ) and Hodges ( 2015 ) achieving marriage equality for couples . Figure . Marriage equality rally in front of the US . Supreme Court . Barnes .

174 Introduction to Studies The widespread disagreement between state laws and led the Supreme Court to address marriage in Windsor in 2013 . That case involved the surviving partner of a marriage , Edith Windsor , who sought a refund from the Internal Revenue Service for taxes she was forced to pay on the estate of her spouse , Thea Spyer . spouses were exempt from paying taxes on their partner estate , but the IRS determined that irrespective of whether Windsor marriage was legal under New York state law , meant that it was not legal under federal law . Writing for the majority , Kennedy concluded that principal effect is to identify a subset of marriages and make them unequal . He therefore declared as a violation of equal Windsor was a victory for marriage proponents because it declared unconstitutional . However , the question of whether states were allowed to prohibit marriages within their jurisdictions would not be resolved until 2015 , two years after the sor decision , in the case of Hodges ( Again writing for the majority , Kennedy found that there was no for making a distinction between and marriages The limitation of marriage to couples may long have seemed natural and just , but its inconsistency with the central meaning of the fundamental right to marry is now manifest . 37 Kennedy looked at the fundamental nature of marriage itself and determined that four guiding Figure . James ( center ) and attorney Al ( react to Supreme Court Hodges ruling . Barnes .

Legal History 175 principles warranted constitutional protection for couples . First , he noted that the Court consistently found that the personal decision to marry was inherent to the idea of individual liberty . Second , Kennedy acknowledged that the Court had previously determined marriage to be a union unlike any other and that went to the heart of individual liberty . Third , he found that by giving recognition and legal structure to their parents relationship , marriage allows children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily Fourth , Kennedy stated that this Court cases and the Nation traditions make clear that marriage is a keystone of our social order ! Through this analysis Kennedy found that the fundamental right for couples to marry was protected by the Fourteenth due process clause . He went further to note that there was a synergy between this clause and the Fourteenth Amendment equal protection clause . He wrote , The Due Process Clause and the Equal Protection Clause are connected in a profound way , though they set forth dent principles . In any particular case one Clause may be thought to capture the essence of the right in a more accurate and comprehensive way , even as the two Clauses may converge in the and of the right . 39 The legal scholar Lawrence Tribe has argued that , by linking equal protection to due process , Kennedy gives centrality and meaning to the legal doctrine of equal Tribe suggests that Explore Lambda Legal is the oldest and largest national legal organization devoted to for the civil rights of lesbians , gay men , bisexuals , der people , and people living with HIV . They engage in litigation , tion , and policy work . Visit their website at , and learn about the history of Lambda Legal at . Describe how the history of Lambda Legal the broader struggle for liberation what key issues are being , and what were key watershed moments ?

What is the history of the legal for marriage equality , at both the state and the national levels ?

What range of work does Lambda Legal engage in ?

Pick one particular focus what is a recent court decision relevant to that area of work ?

176 Introduction to Studies equal dignity means all individuals deserve personal autonomy and dom to their own identity or existence . However , Kennedy focus on the tradition and sanctity of marriage in our social order enveloped the issue of rights under the cover of conservative notions of family Certainly , intimacy plays a role in the way many people live their lives , but as others have suggested , this alone is not the sole what it means to be queen AND EQUALITY Before its decision , the Supreme Court confronted the question of whether the equal protection clause protected against discrimination toward people . In 1996 the Court heard the case of Evans , in which it was faced with the decision of whether Colorado Amendment violated the equal protection clause . Amendment was adopted in response to several municipal laws that banned discrimination in housing , employment , education , and public accommodation against people . The amendment prohibited any law designed to protect the status of people on the basis of their homosexual , lesbian or bisexual orientation , conduct , practices or The state essentially argued that Amendment did nothing more than put people on the same footing as all other Colorado residents who weren afforded the protections of the various laws within the state . However , in a decision authored by Justice Kennedy , the Court found that Amendment violated the equal protection clause and was unconstitutional . Kennedy explained , The Fourteenth Amendment promise that no person shall be denied the equal protection of the laws must co exist sic with the practical necessity that most legislation classifies for one purpose or another , with resulting disadvantage to various groups or persons . We have attempted to reconcile the with the reality by stating that , if a law neither burdens a fundamental right nor targets a suspect class , we will uphold the legislative so long as it bears a rational relation to some legitimate end . Amendment fails , indeed defies , even this conventional Kennedy found that Amendment exclusion of people from receiving legal protections already afforded to others failed to have a rational relationship to a legitimate governmental purpose , and as a result ,

Legal History 177 it violated the minimal standard of review for equal protection This outcome was , especially coming after the Bowers decision , but it did not offer the kind of more rigid review given to laws that criminate on the basis of race or gender . Some suggest that use of the rational basis test meant that laws targeting people for unequal treatment might survive because legislation that could be rationalized would not violate the equal protection For instance , in the case of Boy Scouts of America Dale ( 2000 ) the court found that the Boy Scouts of America could revoke the adult membership of James Dale , who was a former Eagle Scout and assistant scoutmaster at the time of his ouster . The Boy Scouts claimed that their freedom of expressive association rights would be violated if forced to include Dale , who was a known homosexual and gay rights activist . Writing for the majority , Chief William found , We are not , as we must not be , guided by our views of whether the Boy Scouts teachings with respect to homosexual conduct are right or wrong public or judicial disapproval of a tenet of an organization expression does not justify the State effort to compel the organization to accept members where such acceptance would derogate from the organization expressive opinion read much more into the expressive association than was evidenced by the Boy Scouts mission , oath , and handbook . Indeed , none of the written records relied on explicitly how the values the organization purportedly espoused were directly challenged by the inclusion of Dale . This case has not been overturned , although the Boy Scouts themselves have , in recent years , opened their doors to gay men and lesbians . If a heightened review of equal protection had been in the case of Masterpiece , Colorado Civil Commission ( 2018 ) that might have its outcome . In that case the Court was faced with the question of whether a Colorado baker freedom protected his right to not make a wedding cake for a sex wedding ( The couple in this case brought a complaint to Colorado Civil Rights Commission , which found in their favor , citing the state law . Kennedy wrote for the court , While it is unexceptional that Colorado law can protect gay persons in acquiring products and services on the same terms and conditions as are offered to other members of the public , the law must be applied in a manner that is neutral toward religion . However , this case was narrowly decided

178 Introduction to Studies Figure . Masterpiece , Colorado , is one of the parties in the Masterpiece Colorado Civil Rights Commission Supreme Court case . Jeffrey , Commons , Masterpiece , Colorado ) in that the Courts ruling was not so much about religious freedom as it was about the obvious hostility toward the baker religious beliefs as expressed by the state civil rights commission . In this way the Court left open the door of whether religious freedom protections outweigh the right for people to live free from discrimination . As the Legal Defense and Educational Fund amicus brief argued , allowing beliefs to serve as a basis for discrimination puts in jeopardy groups like African Americans who historically endured discrimination because of the religious beliefs held by some that whites were naturally superior to Applying heightened scrutiny to laws and acts that criminate against people might tip the balance of such cases in favor of equal protection over religious freedom in the future . The previous cases look at issues related to the Constitution tion against sexuality discrimination . The Court decided in 2020 that legal protections extend to those who are gender nonconforming . In . Clayton County , Georgia , the Court held that gay and forming people are protected by Title of the Civil Rights Act , which bars employers from discriminating against employees on the basis of sex , race , national origin , and religion ! Indeed , the United States has a long history of discriminating against people . Several cities , including San Francisco and New York , had laws that criminalized those who wore clothing not deemed appropriate to their Today , discrimination against nonconforming people is fairly common . New York allows individuals to change their gender on their driver licenses and other official , but few other states do . As is often discussed , the grouping

Legal History 179 of people under the umbrella has often meant issues are overshadowed by those that are sexuality based . Nevertheless , in the case of Price ( 1989 ) the Court determined that sex stereotyping was a form of prohibited sex discrimination , which might open the door for greater protections for those who are gender nonconforming . In that case , Ann Hopkins was denied partnership in an accounting because several of the review partners found that she was not feminine enough . The Court found that this was a form of sex stereotyping , which it as a person nonconformity to social or other expectations of that gender . In its conclusion the Court found that the actions would be permissible if the employer could prove that Hopkins would not have been promoted in any event , but it was unable to do so in the subsequent court hearings . Though this precedent provides some hope to those advocating on behalf of people , it remains to be seen whether the court will go so far as to afford protections against workplace discrimination in a way that expands the current scope of its previous decisions and current federal laws . PROFILE HATE CRIMES IN THE UNITED STATES HISTORIES AND DEBATES On June 12 , 2016 , people were killed and wounded in the Pulse nightclub shooting in Orlando , Florida . It was the deadliest mass shooting and the largest documented attack in US . history . Attacking a gay nightclub on Latin night resulted in over 90 percent of the victims being and the majority being . This act focused on an iconic public space that adults an opportunity to explore and claim their sexual and gender identities . The violence at Pulse echoed the 1973 Upstairs Lounge arson attack in New Orleans that killed people . These mass killings are part of a broader picture of violence that ple experience , from the disproportionate killings of transgender women of color to domestic violence and bullying in schools . There are perspectives within the community about responses to violence . These debates concern whether the use of tive measures through the criminal legal system supports or harms the community and whether more radical approaches are needed to address the root causes of violence . This explores hate crimes as both a legal category and a broader social phenomenon .

180 Introduction to Studies Compton Cafeteria riot The Compton Cafeteria riot occurred in August 1966 in the Tenderloin district of San Francisco . The incident was one of the first riots concerning people in US . history , preceding the more famous 1969 Stonewall rebellion in New York City . It marked the beginning of transgender activism in San Francisco . Stonewall rebellion A series of spontaneous , violent demonstrations by members of the community against a police raid that began in the early morning hours of une 28 , 1969 , at the Stonewall Inn in the Greenwich Village neighborhood of Manhattan , New York City . WHAT ARE HATE CRIMES ?

hate crimes have had a simultaneously spectacular and invisible role in society . Today , hate crimes are as criminal acts motivated by bias toward victims real or perceived identity Hate crimes are informal social control mechanisms used in societies as part of what Barbara Perry calls a contemporary arsenal of oppression for policing identity Hate crimes occur within social dynamics of oppression , in which groups are vulnerable to systemic violence , pushing marginalized groups further into the political and social edges of society . It is theorized that hate crimes are driven by over cultural , political , and economic resources bias and ity toward relatively powerless groups and the failure of authorities to address hate in Since the colonial period , violence against members of the community has been documented in the Western Hemisphere . Colonists drew on an interpretation of theology that viewed creative sex and gender nonconformity as sinful . Thus , violence toward people who did not conform to the colonists gender and sexual norms , along with social exclusion , was viewed as With the advent of sexual identities such as the homosexual in the late , and related laws became increasingly used to target people in North America and Europe during the century . These same laws were also imposed on indigenous peoples throughout the world as a result of colonialism . Yet incidents such as the Compton Cafeteria riot and Stonewall rebellion demonstrated that people , particularly trans women of color , were no longer willing to tolerate police harassment that resulted in arrests and violence because of who they were ( As the modern rights movement emerged , activists challenged the idea that they deserved to be targeted for violence because of their identities . Despite the long history of crimes , it took centuries for this to become understood and labeled as hate Prejudicial cultural norms perpetuate otherness , promoting prejudice and normalizing and rewarding hate , as well as punishing those who respect and embrace Cultures of hate identify marginalized groups as enemies through dehumanization and perpetuate group ?

Perpetrators ' actions thus an understanding and tion of overarching social structures that separate the from the accepted . In the case of hate crimes , is an oppressive ideology that rejects , degrades , and others any sexual form of behavior , identity , relationship or It provides a

Legal History 181 complementary bias to , the oppressive ideology that transgender , gender , and hate crimes are based in a View of the community as a suitable target for Such crimes are often as hate based by such factors as that the perpetrator was making homophobic comments that the incident had occurred in or near a venue that the victim had a hunch that the incident was homophobic that the victim was holding hands with their partner in public , or other contextual clues . Importantly , hate crimes intersect with hate crimes against gender , racial and ethnic , and other marginalized or violence against people has not been deemed a form of hate crime , though it draws on hatred toward a group of people . The framework has focused largely on the acts of private individuals rather than addressing larger forms of violence such as forced conversion therapy or abuse within the criminal and military systems . One estimate attributes almost of hate crimes to police violence committed by police officers undermines willingness to report crimes , particularly after experiencing police violence or having communal knowledge that police officers may Figure . Stonewall Inn memorial .

182 Introduction to Studies Enforcement Act of 1871 An act of the US . Congress that empowered the president to suspend the writ of habeas corpus to combat the Ku Klux Klan and other white supremacist organizations . Also known as the Ku Klux Klan Act . United States Harris In this case , also known as the Ku Klux Case , the Supreme Court held that it was unconstitutional for the federal government to penalize crimes such as assault and murder . It declared that the local governments have the power to penalize these crimes . federally protected activities The portion of Section 245 of Title 18 that makes it unlawful to willfully injure , intimidate , or interfere with any person , or to attempt to do so , by force or threat of force , because of that other person race , color , religion , or national origin and because of their activity as a student at a public school or college , participant in a state or local government program , job applicant , juror , traveler , or patron of a public place . Project ( A national organization dedicated to reducing violence and its impacts on individuals in the United States . not View victims as deserving of appropriate services . Even when victims are willing to take the risk of reporting a hate crime , they can be unsuccessful . For example , despite a Minnesota state law requiring police to note in initial reports any victims belief that they have a incident , responding officers less than half of requests between 1996 and Because of bias , lack of training , and limited application , of sexual orientation and hate crimes at the state and federal levels occurs . HATE The Enforcement Act of 1871 , also known as the Ku Klux Klan Act , addressed rampant violence and marked the effort at the federal level to criminalize hate However , the Supreme United States Harris decision in 1883 greatly weakened the act and the ability of the federal government to intervene when states refused to prosecute hate In the wake of the civil rights movement and violence against activists , the 1968 Civil Rights Law covering federally protected activities was signed into law . It gave federal authorities the power to investigate and prosecute crimes by actual or perceived race , color , religion , or national origin while a victim was engaged in a federally protected example , ing , accessing a public accommodation such as a hotel or restaurant , or attending school . The categories of identity named by the law were the key social categories of concern during this period and followed the of the Civil Rights Act of 1964 . However , the law excluded sex , an unwillingness to address discrimination fully rather than piecemeal through laws such as Title IX of the Education Amendments Act of 1972 . In 1978 , California enacted the state law enhancing penalties for murders based on prejudice against the protected statuses of race , religion , color , and national origin . State lawmakers took the lead in developing explicit laws , and federal legislators followed suit in the . The emergent movement gained traction in the as the epidemic , its toll on the community , and intolerance toward its victims galvanized activists . For example , New York Project ( was founded in 1980 to respond to violent attacks against gay men in the Chelsea neighborhood . A major concern for these groups was the lack of documentation of such crimes without evidence that these incidents were part of a broader picture of violence , it was to push efforts to address hate crimes . As a

Legal History lead member of the National Coalition of Programs , has coordinated many reports since the late Such groups also have pushed for governmental efforts to collect data and criminalize hate crimes . In 1985 , Representative John proposed the Hate Crime Statistics Act to ensure the federal collection and publishing annually of statistics on crimes motivated by racial , ethnic , or religious It took years for the Hate Crimes Statistics Act to become law , in 1990 , and it did so only after sexual orientation was explicitly excluded from the legislation . The text of the law emphasizes that nothing in the act ( creates a cause of action or a right to bring an action , including an action based on discrimination due to sexual orientation and ( shall be construed , nor shall any funds appropriated to carry out the purpose of the Act be used , to promote or encourage homosexuality . 71 Congress took great pains to emphasize that the legislation did not prevent discrimination against people nor did it support that community . The law reinforces that Congress was not treating sexual orientation as it did other social identities that were already protected under civil rights laws . The law resulted in the Federal Bureau of collecting data from local and state authorities about hate crimes , but there are major challenges to collecting accurate data . Police are not consistently trained at the local and state levels to address hate crimes , and there continues to be stigma and risk associated with identifying as to such authorities . Reporting practices thus vary dramatically across , but the law has assisted groups in gaining data to document violence . The 1998 beating and torture death of college student Matthew Shepard in Laramie , Wyoming , became a rallying point to address hate crimes more fully in the late . His murder received substantial media coverage and inspired political action as well as artistic works . As an , white , gay young man , Shepard became a symbol of violence . His attackers were accused of attacking him because of bias but were not charged with committing a hate crime because Wyoming had no laws that covered crimes . The attention to his death contrasted with the lesser attention given to Brandon sexual assault and murder , which was immortalized in the film Boys Do Cry ( 1999 ) and to the untold number of murders of trans women , particularly women of Although the of the case have been debated , ard murder became iconic and served as a means of challenging lawmakers and society at large to address violence . The Matthew Shepard and ames , Hate Crimes Prevention Act was

184 Introduction to Studies passed by the US . House of Representatives on October , 2009 , and the US . Senate on October 22 , ames , a Black man , was attacked , chained to a truck , and dragged to his death for over two miles in asper , Texas . Both crimes received national attention , and there was public outrage that neither Texas nor Wyoming could enhance the for these The act expanded protections to victims of bias crimes that were motivated by the actual or perceived gender , disability , sexual orientation , or gender identity of any person , becoming the first federal criminal prosecution statute addressing sexual orientation and hate It also increased the punishment for perpetrators and allows the Department of to assist in investigations and prosecutions of these crimes . On October 28 , 2009 , in advance of signing the act into law , President Barack Obama stated , We must stand against crimes that are meant not only to break bones , but to break spirits , not only to harm , but to fear . His words emphasized the broader social context of hate crimes , experienced as attacks on marginalized Federal laws address constitutional rights violations , but states do own laws . Today , there are a wide range of laws regarding protections across states , and they vary regarding protected groups , criminal or civil approaches , crimes covered , complete or limited data collection , and law enforcement As of 2019 , nineteen states did not have any laws , and twelve states had laws that covered sexual orientation but did not address gender identity and expression . Twenty states included both sexual orientation and gender identity in their The majority of these laws were created in the years of the , gender identity and expression were included in following years . DEBATING LAWS The arguments supporting laws note that offenders acts mote the unequal treatment of not only individuals but also the broader communities that victims belong to , cause psychological sequences for victims , and violate victims ability to freely express The creation of laws serves to form a consensus about the rights of stigmatized groups to be protected from hateful speech and physical This approach , however , centers on the perpetrator tive and avoids a structural approach to oppression that acknowledges the numerous forms of bias and the overarching perpetuation of bias in society . Many scholars have criticized the term hate crime for its erasure of the broader structures that support hate violence and instead placing the blame for such acts solely on individuals assumed to be pathological

Legal History 185 and acting out of Moreover , laws primarily function at the symbolic level crimes are reported at low rates , and statutes are not applied to such crimes by Such laws focus not on prevention of crimes but rather on punitive measures to punish particular crimes . With the existing high incarceration rates of people as well as people of color , laws support rather than challenge mass Some activists argue for efforts to build community and infrastructure to support the healing and transformation of people who have been impacted by interpersonal and violence and efforts to join with movements addressing root causes of queer and trans premature death , including police violence , imprisonment , poverty , immigration policies , and lack of healthcare and housing . 35 No universal consensus about the role of laws in ing the acceptance and inclusion of people in American society currently exists ( For many people such laws carry with them an emphasis on the value of their lives and help further their sense of belonging . Others , particularly activists engaged in broader social justice struggles , argue that such laws shore up a broken criminal justice system that is predicated on a violent logic that can not truly the community . US , Territories oi the Norman bland ?

Puma bland The federal Matthew Shepard and James . Hate Crimes Prevention Act allows the government to prosecute hate crimes , including those based on sexual orientation and gender identity . State laws may also allow for stale or local prosecution of certain hate crimes , depending on what , if any , protections the state law . Law sexual orientation and gender identity ( 23 . Law only sexual orientation ( 11 states , territories ) state explicitly interprets existing nate crimes law to include sexual orientation gender identity stats , Existing hate crime law does not cover sexual orientation or gender identity states . Nu hate crime law ( Swiss , Figure . A map of state policy tallies for laws . Courtesy of the Movement Advancement Project .

186 Introduction to Studies KEY QUESTIONS Historically , the Constitution protected the rights of only certain groups of people . Why and how were married women , enslaved Africans , and sexual minorities deprived of rights that others enjoyed ?

How did people struggle to gain those rights ?

What is an example of a legal victory in the struggle for equality that was later challenged ?

What historical and cultural events led to overcoming that challenge ?

What was the basis for the expectation that the US . protected a right to sexual liberty , particularly with respect to ?

What role did the Ninth Amendment play in that process and in the idea of a right to privacy ?

How was the Supreme Court decision in Bowers a setback for equality before the law ?

What was the response of activists and academics to the decision ?

What Supreme Court decision overturned Bowers ?

How does legal history contribute to our understanding of the struggle for rights in the United States ?

What role did marriage equality play in that struggle , and what advances and setbacks did activists encounter during that struggle ?

RESEARCH RESOURCES Compiled by Rachel Discuss Choose one or two resources listed in this chapter , and discuss them in relation to what you have learned about legal history . Present Choose a key topic or event found in this chapter . Then , locate one or two resources from the Quick Dip and Deep Dive sections and develop a presentation for the class . Explain the significance of the topic , and provide additional details that support your explanation . Create What idea , person , or event from this chapter really moved you ?

Do more research on that idea , person , or event Legal History 187 based on the resources in this chapter . Then create your own artistic response . Consider writing a poem , drawing a picture , or editing a photograph in a way that demonstrates both what you have learned and how you feel about the issue or person . Debate Find a partner or split into groups , and choose a topic , idea , or controversy from this chapter . Have each ner or group present an opposing perspective on it . Use at least two of the resources in this chapter to support your argument . QUICK DIP ONLINE RESOURCES Project The Project of New York City ( works to end violence against and communities . It offers free counseling , performs advocacy and community organizing , and provides legal support and education . Visit its Twitter , Gay and Lesbian Immigrants , by Robert This overview of the laws that have regulated immigration to the United States also provides a reading list ( org ) Gay Marriage History of the Marriage Debate , by Designed for students writing persuasive essays and issue papers , provides an extensive timeline of events related to marriage legislation around the world cited from news articles and other resources . See . Lesbian , Gay , Bisexual and Resources in Law and Public Policy , by Stephanie This extensive , frequently updated subject guide lists the many types of media , digital and physical , from the Williams Institute Reading Room . Resources include domestic and international laws and public policies affecting individuals and communities . The guide has links to

188 Introduction to Studies libraries , archives , and organizations that can provide more information on these topics . See the table of contents at . National Center for Transgender Equality Founded in 2003 by trans activists , the National Center for Equality advocates for policy change to advance transgender equality . Its website ( includes information about gender people and issues they face , a resource that explains transgender people rights , and a series of guides . It has several action centers where you can join the battle for transgender rights . Trans Rights and Bathroom Access Laws , by This resource , written in 2018 , outlines the rise and fall of bathroom bills in schools and other public spaces in different states from 2016 to 2018 . It also explains why bathrooms matter to trans people , and it provides links to other resources for trans and students . See . A Very Brief History of Parenting , by Dana Rudolph A historical narrative of parenting in the United States from World War II to 2017 , complete with links to news articles about laws and court cases . See . DEEP DIVE BOOKS AND ARTICLES Captive Genders Trans Embodiment and the Prison Industrial Complex , edited by Eric Stanley and Nat Smith This was the first book to address the legal challenges of incarcerated transgender and people in the complex . its second edition contains a foreword by CeCe and an essay by Chelsea Manning ( Oakland , CA AK Press , 2015 ) Creating Change Sexuality , Public Policy , and Civil Rights , edited by John Emilio , William Turner , and Documenting the history and impact of the gay and lesbian movement since Stonewall , this volume is edited by two pioneers in studies

Legal History 189 ( and Turner ) and a pioneer in public policy and activism ( New York Martin Press , 2000 ) Evolution of Government Policy towards Homosexuality in the US Military The Rise and Fall , edited by David A . Levy and James Originally published as a special issue of the of Homosexuality , this book reviews the history , culture , attitudes , and impacts of policy evolution from the century to the early century by tracing the rise and fall of Do Ask , Do Tell ( New York , 2014 ) From the Closet to the Courtroom Five Lawsuits That Have Changed our Nation , by Carlos A . Ball and Michael Carlos A . Ball , a national rights expert , and Michael , an studies Harvard professor , provide a play account of the pivotal rights lawsuits that overturned sodomy laws , legalized marriage , allowed gays and lesbians to serve openly in the military , and challenged harassment in environments and discrimination on the athletic . Each case is explored in its context and the implications of each court decision discussed . It is the fourth book in the Queer Actions series ( Boston , MA Beacon Press , 2010 ) HIV in the United States A on State and Federal HIV Criminal Law and Practice , from the Center for HIV Law and Policy This outlines punitive laws , policies , and cases affecting those living with HIV and other infectious diseases in US . states , the military , federal prisons , and territories . Frequently updated , the most recent version is at . Homosexuals and the Death Penalty in Colonial America , by Louis This 1976 article from the journal of Homosexuality ( volume , number ) is the first of sodomites in colonial America and the laws based on Catholic and Protestant teachings to mark and punish them . The references and appendix will prove valuable to history and law students .

190 Introduction to Studies judging the Epidemic A judicial Handbook on HIV , Human Rights and the Law , from Joint United Nations Programme on This 2013 handbook covers the science and medicine of HIV legal that promote human rights in the context of HIV criminal law and HIV disclosure , exposure , or transmission sexual assault drug laws and harm reduction and the rights of people who use drugs rights with respect to family and property law HIV treatment and health care human rights and the of populations . It includes multiple international court cases and primary source documents ( The Legal Status Persons , edited by Jens , and Tobias Helms This comprehensive volume covers all legal aspects of intersex people . Contributions include medical , psychological , and logical perspectives and national legal perspectives from Australia , den , India , the Netherlands , France , Colombia , the United States , and Germany ( Cambridge , 2018 ) Protection of Sexual Minorities since Stonewall Progress and Stalemate in Developed and Developing Countries , edited by Phil Chan Previously published as a special double issue of The lnternational nal of Human Rights , this book examines the legal successes and in countries on five continents concerning civil rights locally and internationally ( New York , 2010 ) Queer ( In ) justice The in the United States , by Joey Mogul , Andrea . Ritchie , and Kay Winner of the 2011 PASS ( Prevention for a Safer Society ) Award from the National Council on Crime and Delinquency , the authors discuss the criminal legal system from a queer perspective , in which people are suspects , defendants , prisoners , and victims . The essays in this book argue that the policing of sexual orientation and gender reinforces

Legal History 191 racial and gender inequalities , as well as criminal stereotypes . The book is one of the Queer Action series . For an view with the authors about the book , a free chapter , and additional criminal justice resources , visit ( Boston , MA Beacon Press , 2012 ) Queer Activists Confront the Law , edited by Scott , Mary , and Marshall Essays depict the civil rights movement and its impact on politics and organizing , legal studies , and public policy ( New York New York University Press , 2009 ) The Straight State and Citizenship in ) America , by Margot The Princeton University history professor Margot day uses materials from the US . National Archives and Records to show the progression of federal enforcement of sexual norms in immigration , the military , and welfare in the twentieth century that has rendered individuals as citizens to this day ( Princeton , Princeton University Press , 2010 ) Transgender Employment Experiences Perceptions and the Law , by Worker protections under the federal Civil Rights Act do not always apply for transgender people . From interviews of twenty gender people and analysis of legal case studies of employment , she recommends federal protections for gender expression in all policy decisions and legislative efforts and a approach for tackling workplace discrimination for transgender ees . Students in management and human resource management , studies , and gender and womens studies will this book useful ( Albany State University of New York Press , 2011 ) Transgender Rights , edited by Paisley , Richard , and Shannon Price Minter Three decades of the transgender rights movement is captured in this compact but volume . Legal scholars , policy experts ,

192 Introduction to Studies transgender activists and advocates analyze and evaluate the successes , challenges , and opportunities for future mobilization and legal battles ( University of Minnesota Press , 2006 ) GLOSSARY Project ( A national organization dedicated to reducing violence and its impacts on individuals in the United States . assimilationist . A political approach that focuses on the system from within , trying hard to into the status quo integrating . Bill of Rights . The first ten amendments to the Constitution guarantees of personal freedoms and rights , clear limitations on the government power in judicial and other , and explicit declarations that all powers not granted to the US . Congress by the Constitution are reserved for the states or the people . chattel . Property that is movable in terms of slavery , people are treated as the personal property of the person who claims to own them and are bought and sold as commodities . Compton Cafeteria riot . The Compton Cafeteria riot occurred in August 1966 in the Tenderloin district of San Francisco . The incident was one of the riots concerning people in US . history , ceding the more famous 1969 Stonewall rebellion in New York City . It marked the beginning of transgender activism in San Francisco . coverture . A legal doctrine whereby , upon marriage , a woman legal rights and obligations are subsumed by those of her husband . Defense of Marriage Act of 1996 . A US . federal law passed by the Congress and signed into law by President Bill Clinton , for federal purposes as the union of one man and one woman . The law allowed states to refuse to recognize marriages granted under the laws of other states . However , the provisions were ruled unconstitutional or left effectively unenforceable by Supreme Court decisions in the cases of United States Windsor ( 2013 ) and Hodges ( 2015 ) Enforcement Act of 1871 . An act of the Congress that empowered the president to suspend the writ of habeas corpus to combat the Ku Klux Klan and other white supremacist organizations . Also known as the Ku Klux Klan Act . federally protected activities . The portion of Section 245 of Title 18 that makes it unlawful to willfully injure , intimidate , or interfere with any

Legal History person , or to attempt to do so , by force or threat of force , because of that other persons race , color , religion , or national origin and because of their activity as a student at a public school or college , participant in a state or local government program , job applicant , juror , traveler , or patron of a public place . Fourteenth Amendment . Adopted on July , 1868 , as one of the Amendments , this amendment to the Constitution addresses citizenship rights and equal protection of the laws and is one of the most parts of the Constitution . Ninth Amendment . A part of the Bill of Rights , this amendment addresses rights , retained by the people , that are not specifically in the Constitution . Stonewall rebellion . A series of spontaneous , violent demonstrations by members of the community against a police raid that began in the early morning hours of June 28 , 1969 , at the Stonewall Inn in the Greenwich Village neighborhood of Manhattan , New York City . United States Harris . In this case , also known as the Ku Klux Case , the Supreme Court held that it was unconstitutional for the federal government to penalize crimes such as assault and murder . It declared that the local governments have the power to penalize these crimes . NOTES . Sears , Arresting Dress , Law , and Fascination in San Francisco ( Duke University Press , 2015 ) only Words ( Cambridge , MA Harvard University Press , 1996 ) amends . I , and VI . and , Sexual Rights in The Ninth Amendment and the Pursuit ness ( New York New York University Press , 2003 ) The Law Dictionary , What Is chattel , accessed March 14 , 2022 , The Law Dictionary , What Is Coverture , accessed March 14 , 2022 , and , Sexual Rights in America . Connecticut , 381 479 ( 1965 ) 381 at 492 . 10 . amend . XVI . 11 . Cases , 83 36 ( 1873 ) 12 . Connecticut , 302 319 , 325 ( 1937 ) 13 . 302 at 325 . 14 . 381 at 484 , 486 .

194 Introduction to Studies 15 . Roe Wade , 410 113 ( 1973 ) 16 . Planned Parenthood Casey , 505 US . 833 ( 1992 ) 17 . Bowers , 478 US . 186 ( 1986 ) 18 . Dishonorable Passions Sodomy Laws in America , New York Penguin , 2008 ) 19 . Bowers 478 US . at 192 ( quoting ) 302 at 326 . 20 . Brown Board of Education 347 483 ( 1954 ) Ferguson 163 537 ( 1896 ) Bowers , 478 US . at 192 ( quoting ) 381 at 506 . 21 . The AIDS Dilemma Public Health Criminal Law , Law and Inequality A of Theory and Practice , no . 1986 ) 22 . Several have advocated for the case being known as Lawrence and Garner Texas because Tyrone Garner was a copetitioner on the case and a man of color , and not including his name continues the practice of erasing ple of color from history . Tyrone Garner Lawrence Texas , Michigan Law Review 111 , no . 2013 ) 23 . Lawrence Texas , 539 US . 558 ( 2003 ) 24 . Lawrence , 539 564 . 25 . Lawrence , 539 567 . 26 . Lawrence , 539 575 . 27 . Bell , Holiday , and Peace , Pleasure Zones Bodies , Cities , Spaces ( NY University Press , 2011 ) See also Getting Rid of Sodomy Laws History and Strategy That Led to the Lawrence Decision , accessed April 21 , 2021 , 28 . Cruising Utopia The Then and There Queer Futurity ( New York New York University Press , 2009 ) 29 . Lawrence , 539 601 . 30 . Emilio , Will the Courts Set Us Free ?

on the Campaign for Marriage , in The Politics Marriage , ed . Wilcox and ( Chicago University of Chicago Press , 2007 ) 31 . 910 112 ( 1996 ) 74 Haw . 530 , 852 44 ( 1993 ) 32 . Defense of Marriage Act , 3396 , Cong . 1996 ) 33 . United States Windsor , 570 744 ( 2013 ) How Government Unintentionally Culture ( the Case of Marriage ) Northwestern University Law Review 102 ( 2008 ) 34 . Since When Is Marriage a Path to Liberation ?

National Lesbian and Gay Quarterly ( 1989 ) 14 . 35 . Beyond Marriage Democracy , Equality , and ship for a New Century , Scholar and Feminist Online 10 , nos . Fall 201 2012 ) 36 . Hodges , 576 644 at 646 ( quoting ) Windsor , 570 US . 744 at 759 . 37 . 576 at 659 . 38 . 576 at 672 . 39 . 576 at 681 .

Legal History 195 40 . Tribe , Equal Dignity Speaking Its Name , Harvard Law Review Forum 129 ( 2015 ) 41 . Akin to Madmen A Queer Critique of the Gay Rights Cases , Virginia Law Review 104 ( 2018 ) 42 . Evans , 517 620 ( 1996 ) 43 . 517 at . 44 . 517 at 635 . 45 . Smith , The Flaws of Rational Basis with Bite Why the Supreme Court Should Acknowledge Its Application of Heightened Scrutiny to Based on Sexual Orientation , Law Review 73 ( 2005 ) 46 . Boy Scouts of America Dale , 530 640 , 661 ( 2000 ) 47 . Masterpiece , Colorado Civil Rights Commission , 584 ( 2018 ) 48 . Symposium The First Amendment Protects Speech and Religion , Not Discrimination in Public Spaces , June , 2018 , 49 . Clayton County , Georgia , No . 2020 ) 50 . Sears , Arresting Dress 51 . Price Hopkins , 490 228 , 251 ( 1989 ) 52 . Isn Every Crime a Hate Crime ?

The Case for Hate Crime Laws , Sociology Compass , no . 2011 ) 245 . 53 . Perry , The Sociology of Hate Theoretical Approaches , Hate Crimes , vol . Understanding and Hate Crime , ed . Perry et al . Greenwood , 2009 ) 56 . 54 . Carolyn , Historical Lessons What Past May Be , in Hate Crimes , Vol . ed . Perry et al . Greenwood , 2009 ) 34 . 55 . See chapter . 56 . Sam Levin , Compton Cafeteria Riot A Historic Act of Trans , Three Years before Stonewall , Guardian , une 21 , 2019 , Meredith , The Stonewall Inn The People , Place and Lasting Significance of Where Pride Began , in , une 21 , 2017 updated une 26 , 2020 , 57 . Historical Lessons . 58 . Levin and , Hate as Cultural for Violence , in Perry et , Hate Crimes , Perry , Where Do We Go from Here ?

Researching Hate Crime , Internet journal of Criminology ( 2003 ) 59 . Levin and , Hate as Cultural for Violence Perry , The Sociology of Hate . 60 . Gregory , The Social Context of Hate Crimes Notes on Cultural , in Hate Crimes Cory Violence against Lesbians and Gay Men , ed . Gregory and Kevin ( Thousand Oaks , CA SAGE , 1992 ) 89 . 61 . Perry , The Sociology of Hate Helena . Alden and Karen Parker , Gender Role Ideology , Homophobia and Hate Crime Linking Attitudes to and Lesbian Hate Crimes , Deviant Behavior 26 ( 2005 )

196 Introduction to Studies 343 Donald Green , Laurence , and Jennifer Smith , Hate Crime An Emergent Research Agenda , Annual Review 27 , no . 2001 ) The Social Context of Hate 62 . and . Garland , Hate Crime Impact , Causes and Responses ( London Sage , 2009 ) 63 . Dunbar , Race , Gender , and Sexual Orientation in Hate Crime Identity Politics or Identity Risk ?

Violence and Victims 21 , no . 2006 ) 64 . Violence and Victimization in the United States An Overview , journal of Interpersonal Violence , no . 1990 ) 65 . and , To Protect and to Serve ?

An tion of Police Conduct in Relation to the Gay , Lesbian , Bisexual , and Transgender Community , Sexuality and Culture 11 , no . 2007 ) 15 . 66 . and Chase , The Chase Court , Rulings , and Legacy ( Santa Barbara , CA , 2004 ) 140 . 67 . United States Harris , 106 629 ( 1883 ) 68 . and , Making Hate a Crime From Social Movement to Law Enforcement ( New York Russell Sage Foundation , 2001 ) 69 . Reports Hate Violence Reports , Project , accessed ber 29 , 2021 , 70 . Perry , Where Do We Go from Here ?

Hate Crimes Statistics Act ing ore the Subcommittee on Criminal justice of the Committee on the , sess . 1985 ) 71 . Hate Crime Statistics Act , Cong . 72 . For an incomplete list of such murders , see Wikipedia , List of People Killed for Being , last April 18 , 2021 , 73 . Preventing Hate Crimes Without Restricting ally Protected Speech Evaluating the Impact of the Matthew Shepard and James , Hate Crimes Prevention Act on First Amendment Free Speech Rights , journal of Public Law and Policy 31 ( 2010 ) 74 . Hating Hate Policy Implications of Hate Crime lation , Social Service Review 74 , no . 2000 ) 75 . Department of , The Matthew Shepard and James , Hate Crimes Prevention Act of 2009 , updated October 18 , 2018 , 76 . Office of the Press Secretary , White House , Remarks by the dent at Reception Commemorating the Enactment of the Matthew Shepard and James , Hate Crimes Prevention Act , press release , October 28 , 2009 , 77 . Levin and . Hate Crimes Revisited Americans War against Those Who Are ( Boulder , CO Press , 2002 ) 78 . Michael , of Literature and Legislation on Hate Crime in America ( Washington , National Institute of Justice , 2005 ) ii ,

Legal History 197 79 . Movement Advancement Project , Equality Maps Hate Crime Laws , accessed April 22 , 2021 , 80 . Cramer , Clark 111 , and . An Examination of Sexual and Hate Crimes in the Shepard Era , Psychology , Public Policy , and Law 19 , no . 2013 ) Preventing Hate Crimes . Bias and Inequity Legitimizing Beliefs and Policy Attitudes , Social justice Research 18 ( 2005 ) Psychological Perspectives on Hate Crime Laws , Public Policy , and the Law 10 ( 2004 ) 81 . Spade and , Confronting the Limits of Gay Hate Crimes Activism A Radical Critique , Law Review 21 ( 2000 ) 41 . 82 . Larry Ray and David Smith , Racist Offenders and the Politics of Hate Crime , Law and Critique 12 ( 2001 ) Mason , Body Maps aging Homophobia , Violence and Safety , Social and Legal Studies 10 , no . 2001 ) Perry , Where Do We Go from Here ?

Lawrence , Punishing Hate Bias Crimes under American Law ( Cambridge , MA Harvard University Press , 1999 ) 83 . Hating Hate , 637 , 645 . 84 . Meyer , Flores , Stemple , Romero , Wilson , and . man , Incarceration Rates and Traits of Sexual Minorities in the United States National Inmate Survey , American journal Public Health 107 , no . 2017 ) Center for American Progress and Movement Advancement Project , Unjust How the Broken Criminal Justice System Fails People of Color , 85 . Lee , and Spade , Building an Abolitionist Trans and Queer Movement with Everything We Got , in Captive Gender Dans Embodiment and the Prison Industrial Complex , ed . Stanley and Smith ( Baltimore AK Press , 2011 ) 17 .