The institution of marriage has a history of discriminating against minority groups in the United States, such as queer people and people of color, which has only begun to be corrected in recent years. The Supreme Court and Congress have been the main proponents of this discrimination, given that they (along with the executive office) have the most governing authority within the United States political system. The Supreme Court of the United States (SCOTUS) is the branch of the US government that determines the constitutionality of laws, policies, and civil disputes. Many of these decisions carry profound implications for the rights and well-being of marginalized groups, including the queer community and communities of color. The legislature plays a crucial role in shaping the legal landscape by drafting bills that, once approved, can be signed into law by the president. The intricate dance between these branches underscores the complex interplay of power dynamics within the U.S. political system. The President's role in approving or vetoing legislation adds another layer of influence, with the potential for revising bills if met with a presidential veto. The outcomes of these interactions have had a tangible impact on the trajectory of rights for the queer community, revealing a history marked by both advancements and setbacks. Despite recent progress towards marriage equality, the US has consistently discriminated against queer people because minority rights are contingent on the hegemonic groups in power, which has forced queer people to indefinitely fight for queer liberation as a fundamental human right.
The long and ongoing battle for queer liberation in the United States in the context of marriage has elicited a few victories in the past decade, including the legalization of same-sex marriage and legislation such as the Respect for Marriage Act. In July of 2013, James Obergefell filed a lawsuit against the state of Ohio’s refusal to recognize queer couples on death certificates, as Obergefell’s husband had just recently passed due to a terminal illness. Obergefell v. Hodges reached the pinnacle of the U.S. legal system, the Supreme Court, which, in a groundbreaking ruling, declared that the "fundamental right to marry" is safeguarded under the Equal Protection Clause of the 14th Amendment to the Constitution (Eskridge and Hunter, 2010). This historic decision not only legalized same-sex marriage nationwide but also underscored the equal protection of queer individuals under the law, irrespective of gender. Another crucial victory for the LGBTQ+ community was the passage of the Respect for Marriage Act, signed into law by President Joe Biden in 2022. This legislative triumph repealed the Defense of Marriage Act (DOMA), which had previously defined marriage in a restrictive manner and granted states the choice to decide not to recognize gay marriage. If Obergefell were overturned by the Supreme Court, The Respect for Marriage Act would not prevent states from creating laws prohibiting gay marriage, but it would “[require] all states to recognize same-sex marriages performed in other states” (Radde, 2022). These legislative and judicial milestones collectively solidified the legal protections for same-sex marriage in the United States. Obergefell v. Hodges and the Respect for Marriage Act emerged as significant victories, not only affirming the equal protection of queer individuals under the law but also acknowledging their fundamental right to marry the person of their choice. This affirmative stance on the right to marriage marked a momentous stride forward in the broader fight for LGBTQ+ rights and equality within the United States.
However, The United States’ treatment of minorities within the framework of the law calls into question the nation's commitment to equality and justice. The United States of America was built upon faulty promises of “freedom” and “equality for all” (which really implied the rich white elite). These values have intentionally been violated by wealthy white elites since the very establishment of the United States of America. There have been laws regulating citizenship based on race since 1790, only 14 years after the United States was recognized as independent, originally stating that only white people who had lived in the country for 2 years could be naturalized (Lopez, 1996). Then the Immigration Act of 1917 legally “restricted immigration by individuals who [exhibited] “constitutional psychopathic inferiority,” a legislative classification also used to discriminate based on sexual orientation” (Silk). Lacking citizenship, minorities found themselves without a platform to advocate for themselves and their communities, with their attempts to speak up often falling on deaf ears. The persisting influence of rich white male elites, who maintain an effective monopoly over the government, perpetuates a system deliberately crafted to serve their interests and theirs alone. This intentional design further compounds the challenges faced by minorities, particularly queer people and people of color, in the fight to be recognized as fully human. These elites have shaped a narrative that amplifies their voices while systematically silencing the perspectives and needs of marginalized communities. Consequently, the struggle for equality is not only an uphill battle against discrimination but also a call for a fundamental reconfiguration of the structures that perpetuate systemic inequities.
The historical trend of affluent white men in power perpetuating legal and social oppression to maintain their authority has evolved into a contemporary manifestation where they are actively marginalizing minorities, reinforcing their narrow hegemonic control. The Supreme Court is made up of a conservative majority, and because sexuality does not qualify as a suspect class under strict scrutiny, it is very easy for the courts to justify any law or civil dispute that discriminates against queer people (Tentindo, 2023). If the rights of queer people have been and are currently regulated by law and dictated by those in power (which has historically been elite white men), can queer people in the US ever truly be free? Or seen as equal citizens? Perhaps liberation looks like getting more queer representation in the media, more rights to ensure the protection and equal treatment of queer people (such as SCOTUS ruling in support of gay marriage), legislative seats, and other positions of political, social, and economic power. But in a country like America where oppressive ideologies are foundational to the current power structure, any progress towards queer liberation in America can be set back or revoked. In 2023 alone there’s been a staggeringly large number of anti-queer legislation, which is exponentially increasing daily, being passed across the nation, creating hostile environments for queer people who were likely already unsafe (Robinson, 2023). The emergence of these laws is quite ironic considering that Congress is given that Congress is ostensibly meant to represent the diverse voices of all Americans. However, due to the hegemonic influence of white individuals, particularly affluent white men, their perspectives are disproportionately valued over those of minority groups (queer and people of color). There’s a chance that the extremist conservative ideology of the older generations will die out and be replaced with that of the increasingly progressive younger ones, but there’s no guarantee. This underscores the pressing need for recognition of human rights for queer individuals, urging both the current older generation in power and the rising younger generation to at least acknowledge the rights of the LGBTQ+ community.
While contemplating the unknown future for queer individuals in the United States may be daunting, it also holds the potential to ignite hope and continue to fight for queer liberation. There are infinite possibilities for the future of this country, and not all of them are negative. As queer people, maintaining hope is imperative in envisioning a more promising tomorrow. José Muñoz aptly captures this sentiment in the introductory chapter of Cruising Utopia: The Then and There of Queer Futurity, where he emphasizes that “queerness is a longing that propels us onward, beyond romances of the negative and toiling in the present” (Muñoz, 2009). Concrete measures are continuously being taken to dismantle the foundations of oppressive ideologies, including fostering acceptance and understanding among younger generations and ensuring they are educated about the historical injustices and discriminatory policies against minorities, such as the ones we’ve learned about in this class. Queerness means embracing radical empathy and building a network of solidarity among oppressed groups. We have to be able to show up for each other and fight for our collective liberation, because all of our struggles are intertwined. The future isn’t a fixed entity, it’s malleable and constantly changing based on the actions we take every day. By actively working towards and using our radical imagination to envision a future we want to live in, we emit hope towards those who need it most, those who feel they are ready to give up, and even those who strive to see us fail. Just as my colleague Ray Stein-Alvarado expresses, there are a fair amount of “politically active and vocal members of Generation Z and millennials” who believe in the power of solidarity, and who are willing to put in the work to make change happen (Stein-Alvarado, 2023). Yes, there will likely always be some kind of intolerance towards racial and sexual minorities because this country was founded on their oppression, but if we could go from classifying homosexuality as a “constitutional psychopathic inferiority” to legalizing it in the context of marriage, there’s always hope of progress, which is why we must continue the fight for queer liberation in hopes of achieving the brighter future that we dream of.
My themes:
Citizenship/legitimacy
Historical events affecting the LGBT community
Marriage as an institution that produces and reduces rights
Constitutional jurisprudence
The long and ongoing battle for queer liberation in the United States in the context of marriage has elicited a few victories in the past decade, including the legalization of same-sex marriage and legislation such as the Respect for Marriage Act. In July of 2013, James Obergefell filed a lawsuit against the state of Ohio’s refusal to recognize queer couples on death certificates, as Obergefell’s husband had just recently passed due to a terminal illness. Obergefell v. Hodges reached the pinnacle of the U.S. legal system, the Supreme Court, which, in a groundbreaking ruling, declared that the "fundamental right to marry" is safeguarded under the Equal Protection Clause of the 14th Amendment to the Constitution (Eskridge and Hunter, 2010). This historic decision not only legalized same-sex marriage nationwide but also underscored the equal protection of queer individuals under the law, irrespective of gender. Another crucial victory for the LGBTQ+ community was the passage of the Respect for Marriage Act, signed into law by President Joe Biden in 2022. This legislative triumph repealed the Defense of Marriage Act (DOMA), which had previously defined marriage in a restrictive manner and granted states the choice to decide not to recognize gay marriage. If Obergefell were overturned by the Supreme Court, The Respect for Marriage Act would not prevent states from creating laws prohibiting gay marriage, but it would “[require] all states to recognize same-sex marriages performed in other states” (Radde, 2022). These legislative and judicial milestones collectively solidified the legal protections for same-sex marriage in the United States. Obergefell v. Hodges and the Respect for Marriage Act emerged as significant victories, not only affirming the equal protection of queer individuals under the law but also acknowledging their fundamental right to marry the person of their choice. This affirmative stance on the right to marriage marked a momentous stride forward in the broader fight for LGBTQ+ rights and equality within the United States.
However, The United States’ treatment of minorities within the framework of the law calls into question the nation's commitment to equality and justice. The United States of America was built upon faulty promises of “freedom” and “equality for all” (which really implied the rich white elite). These values have intentionally been violated by wealthy white elites since the very establishment of the United States of America. There have been laws regulating citizenship based on race since 1790, only 14 years after the United States was recognized as independent, originally stating that only white people who had lived in the country for 2 years could be naturalized (Lopez, 1996). Then the Immigration Act of 1917 legally “restricted immigration by individuals who [exhibited] “constitutional psychopathic inferiority,” a legislative classification also used to discriminate based on sexual orientation” (Silk). Lacking citizenship, minorities found themselves without a platform to advocate for themselves and their communities, with their attempts to speak up often falling on deaf ears. The persisting influence of rich white male elites, who maintain an effective monopoly over the government, perpetuates a system deliberately crafted to serve their interests and theirs alone. This intentional design further compounds the challenges faced by minorities, particularly queer people and people of color, in the fight to be recognized as fully human. These elites have shaped a narrative that amplifies their voices while systematically silencing the perspectives and needs of marginalized communities. Consequently, the struggle for equality is not only an uphill battle against discrimination but also a call for a fundamental reconfiguration of the structures that perpetuate systemic inequities.
The historical trend of affluent white men in power perpetuating legal and social oppression to maintain their authority has evolved into a contemporary manifestation where they are actively marginalizing minorities, reinforcing their narrow hegemonic control. The Supreme Court is made up of a conservative majority, and because sexuality does not qualify as a suspect class under strict scrutiny, it is very easy for the courts to justify any law or civil dispute that discriminates against queer people (Tentindo, 2023). If the rights of queer people have been and are currently regulated by law and dictated by those in power (which has historically been elite white men), can queer people in the US ever truly be free? Or seen as equal citizens? Perhaps liberation looks like getting more queer representation in the media, more rights to ensure the protection and equal treatment of queer people (such as SCOTUS ruling in support of gay marriage), legislative seats, and other positions of political, social, and economic power. But in a country like America where oppressive ideologies are foundational to the current power structure, any progress towards queer liberation in America can be set back or revoked. In 2023 alone there’s been a staggeringly large number of anti-queer legislation, which is exponentially increasing daily, being passed across the nation, creating hostile environments for queer people who were likely already unsafe (Robinson, 2023). The emergence of these laws is quite ironic considering that Congress is given that Congress is ostensibly meant to represent the diverse voices of all Americans. However, due to the hegemonic influence of white individuals, particularly affluent white men, their perspectives are disproportionately valued over those of minority groups (queer and people of color). There’s a chance that the extremist conservative ideology of the older generations will die out and be replaced with that of the increasingly progressive younger ones, but there’s no guarantee. This underscores the pressing need for recognition of human rights for queer individuals, urging both the current older generation in power and the rising younger generation to at least acknowledge the rights of the LGBTQ+ community.
While contemplating the unknown future for queer individuals in the United States may be daunting, it also holds the potential to ignite hope and continue to fight for queer liberation. There are infinite possibilities for the future of this country, and not all of them are negative. As queer people, maintaining hope is imperative in envisioning a more promising tomorrow. José Muñoz aptly captures this sentiment in the introductory chapter of Cruising Utopia: The Then and There of Queer Futurity, where he emphasizes that “queerness is a longing that propels us onward, beyond romances of the negative and toiling in the present” (Muñoz, 2009). Concrete measures are continuously being taken to dismantle the foundations of oppressive ideologies, including fostering acceptance and understanding among younger generations and ensuring they are educated about the historical injustices and discriminatory policies against minorities, such as the ones we’ve learned about in this class. Queerness means embracing radical empathy and building a network of solidarity among oppressed groups. We have to be able to show up for each other and fight for our collective liberation, because all of our struggles are intertwined. The future isn’t a fixed entity, it’s malleable and constantly changing based on the actions we take every day. By actively working towards and using our radical imagination to envision a future we want to live in, we emit hope towards those who need it most, those who feel they are ready to give up, and even those who strive to see us fail. Just as my colleague Ray Stein-Alvarado expresses, there are a fair amount of “politically active and vocal members of Generation Z and millennials” who believe in the power of solidarity, and who are willing to put in the work to make change happen (Stein-Alvarado, 2023). Yes, there will likely always be some kind of intolerance towards racial and sexual minorities because this country was founded on their oppression, but if we could go from classifying homosexuality as a “constitutional psychopathic inferiority” to legalizing it in the context of marriage, there’s always hope of progress, which is why we must continue the fight for queer liberation in hopes of achieving the brighter future that we dream of.
My themes:
Citizenship/legitimacy
Historical events affecting the LGBT community
Marriage as an institution that produces and reduces rights
Constitutional jurisprudence
Works Cited
Eskridge, & Hunter, N. (2010, June). Sexual and Gender Variation in American Public Law:
From Malignant to Benign to Productive. 57 UCLA Law Review.Lopez, I. H. (1996). White by law: The Legal Construction of Race. NYU Press.
Muñoz, J. E. (2009, November 30). Cruising Utopia. NYU Press.
http://books.google.ie/books?id=f1MTCgAAQBAJ&printsec=frontcover&dq=queering+utopia&hl=&cd=4&source=gbs_api
Radde, K. (2022, December 8). What does the respect for marriage act do? the answer will vary
by state. NPR. https://www.npr.org/2022/12/08/1140808263/what-does-the-respect-for-marriage-act-do-the-answer-will-vary-by-state
Robinson, Kelley. Anti LGBTQ Legislation Impact Report. (2023). Human Rights Campaign, https://hrc-prod-requests.s3-us-west-2.amazonaws.com/Anti-LGBTQ-Legislation-Impact-Report.pdf
Silk, Maeve. History of LGBTQ+ Legislation in Congress. (2021, July 12). United States Capitol Historical Society. https://capitolhistory.org/capitol-history-blog/a-summary-history-of-lgbtq-legislation-and-representation-within-congress/
Stein-Alvarado, Ray. Final Paper. (2023, December 4).
https://downloadfreeramtoday.blogspot.com/2023/12/final-paper.html
Tentindo, Will. Post-Obergefell Legal Landscape. (2023, November 17). Class lecture, FYS 6 LGBTQ: Rights in the Internet Era, Occidental College, Los Angeles, California.
