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Homosexuality

For minority protection by lesbians and gay men has moved to the center of American life at the outset of the 1990's. It is almost certain that lesbian and gay issues will be a more eminent aspect of the public consciousness and American political scene in the coming decade than in any other time in American history. Policy changes early in Bill Clinton's administration created a heated debate over the military presence of gays and lesbians, several states have passed amendments prohibiting laws that protect homosexuals from discrimination, and nearly every religious organization in the nation is facing tough questions ranging from the ordination of homosexuals to homosexual marriages. Furthermore, the homosexual community is more prominent than ever Lesbians and gay men are fighting for civil rights in the courtroom and in Congress, there are gay characters on prime-time television shows, well-known public figures openly discussing their homosexuality, and there is virtually !

no one who can claim that they have never had contact with a homosexual. In the middle of all this publicity, there lingers a pending Supreme Court case in which the fate of the homosexual lies Romer v. Evans, a case that dominated Colorado that has come t


It seems more likely, that homosexuality would be a product of both genetics and learned behavior. As evidence of this, I submit my mother's side of the family, which contains many alcoholics. In my mind, the evidence overwhelmingly supports that a predisposition to alcoholism is hereditary. Yet, the Bible says "do not get drunk on wine, which leads to debauchery." I cannot explain why there is an inherited trait for something condemned as a sin, nor will I attempt to. My point is that if there are genes that sway people toward homosexuality, they are to be fought just like the predisposition to alcoholism I have inherited must be. Things that "feel" more natural are not always inevitable, and simply because I have the genes to make me more likely to be an alcoholic does not mean I will be an alcoholic.

Even if homosexuals are not considered a suspect class by the Supreme Court, Amendment 2 may be struck down under the Fourteenth Amendment's Free Exercise Clause, which declares that a state may not "deny to any person within its jurisdiction the equal protection of the law." Jean E. Dubofsky, the lawyer for Richard Evans in the case, said, "the Court need not rule homosexuals a specially protected class to find that Amendment 2 infringes upon their rights." Specifically, Dubofsky believes the amendment takes away the ability of homosexuals to urge their city councils to accord them the specific protection that other groups have the right to seek--denying them equal protection in the democratic process. If the Court agrees with that argument, Amendment 2 will be considered unconstitutional, whether homosexuals are a suspect class or not.

It is the third term of this second factor that will be called into question by the Court when deciding Romer v. Evans. The Court must determine whether homosexuality is immutable, or, at a minimum, requiring a major physical change or a traumatic change of identity. If only five out of the nine Supreme Court justices determine that the aforementioned studies conclusively show that homosexuality is an inherent trait, the Colorado Supreme Court decision that Amendment 2 is unconstitutional will be upheld.

ortcoming" of his study, because he knew "regrettably little" about his subjects' sexual histories.

It should be stressed that a homosexual is just as pleasing to God as a heterosexual, as long as he makes a sincere effort to control his [homosexuality] with the help of grace. Although the individual may feel certain that his inversion is so deep that he cannot redirect his tendencies, he must accept them and seek to fulfill some purpose in the world.

The second factor the Supreme Court considers when analyzing suspect classes is "whether the discrimination embodies a gross unfairness that is sufficiently inconsistent with the ideals of equal protection to term it invidious." The interpretation of this factor can be further broken down into three separate terms. The Court considers first whether the group is defined by a trait that frequently bears no relation to ability to perform or contribute to society. It is evident, by the powerful and responsible positions of many gay men and women in America, that sexual orientation plainly has no relation to a person's ability to perform in society--thus, homosexuals meet this standard. The second thing the Court considers is whether negative societal concepts stem from inaccurate stereotypes. The homosexual is rarely, as widely believed to the contrary, a threat to all people of their sex or immature children; in fact, the majority of the homosexual population remains quietly in t!

heir homes--thus, homosexuals meet the second term as well.

Society's traditional stance on homosexuality has often subjected homosexuals to a horrifying list of "cures" at the hands of psychiatrists and psychologists--usually aimed at heterosexual reorientation. Treatments lik

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Approximate Word count = 2615
Approximate Pages = 10 (250 words per page double spaced)


  

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