Abstract

For centuries, queer identities have been attacked or hate crimed based on their sexual orientation, gender identity, gender expression, etc. The history of the LGBTQ+ community is long and dark, but even today persists. There are a myriad of laws/polocies to prevent queer individuals and families to even exist. Queer people do not have the privilege of living without fear of being hate crimed, beaten, or harrassed based on their identity. LGBTQ+ youth are at risk of going through conversion therapy, which renders a person with mental, emotional, and physical scarring. Given this unjust treatment, queer individuals are forced to protect themselves by living a fabraicted life to adhere to heteronormative standards. There are not many safe spaces for those that identify with the LGBTQ+. Oftentimes, queer people are left isolated because of their identity. In this paper, I will research laws/policies in the United States that affect same sex couples/queer individuals from fostering/adopting, discuss transgender peoples rights, and how people use religion as an exuse to undermine the LGBTQ+ community; in addition, I will also address how these issues can have probable solutions in order to have a more equitable, functioning society.          

Religion

According to the United States Constitution, the First Amendment reads, 

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances (1791).

While the Fourth Amendment reads,

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (1791).

I include both definitions of these Amendments because some of the most difficult cases have come before the Supreme Court that conflict with the First Amendment religious rights and the right to equal protection under the Fourth Amendment. For example, the Supreme Court ruling for Burwell v. Hobby Lobby case was that the Religious Freedom Restoration Act (RFRA) of 1993 pardoned for-profit corporations from providing contraceptives under the Affordable Care Act (ACA) when such substances violated the owners’ religious beliefs. Similarly, the Supreme Court decided in Masterpiece Cakeshop v. Colorado Civil Rights Commission that the Colorado Civil Rights Commission had vilified a baker’s religious beliefs when they had violated the law in refusing to make a custom cake for a same-sex wedding (Vile, 2020). Even though the United States Constitution was meant to be inclusive, the Constitution, as evident, favors profited organizations that have white, heterosexual men in charge of these institutions. Moreover, I will be discussing the foster/adoption laws in respect to the Constitution to further explain why there is a negative stigma about religion within the LGBTQ+ community. 

Growing up gay in a conservative household and state (Ohio), I knew the dangers of expressing my identity when I was different. Because of my sexuality, I did not feel comfortable around other boys. As a result, I became distrustful of men so I could protect myself from physical harm. Unfortunately, this is the reality for most queer people. Without referencing other factors, religion is one of the primary reasons as to why people that identify with the LGBTQ+ have to hide in order to protect themselves from going through conversion therapy. 

Figure 1 demonstrates the laws and policies on conversion therapy

Figure 1:

Children do not have autonomy over their own body since they are not eighteen. Typically from conservative/religious individuals,  LGBTQ+ identities are seen as a mental illness or not natural based on their holy text. Conversion therapy programs describe themselves as a peaceful and pleasant, but this could be fare from the truth.

Figure 2 represents the language conversion therapy programs use to trick children into believing they are getting “therapy.” 

Figure 2:

Conversion therapy rograms assume that LGBTQ+ youth are suffering because of their sexuality or gender identity. However, conversion programs only use harmful practices to change a person's identity. As a result of this unjust behavior, queer people typically refrain from religion. It is not that religion is inherently bad, religion is used as a weapon to dehumanize people. 

Child Welfare Agencies

LGBTQ+ youth enter the foster care system for the same reasons as any other child that their birth families cannot provide a safe, stable, and nurturing home. In some cases, families reject, neglect, or abuse their child if they identify with the LGBTQ+ or question their sexual orientation. LGBTQ+ youth are overrepresented in the foster care system (Youth.gov, 2022), but most likely to not be reported due to the risk of harassment and abuse if their identity was to be exposed. To further explain, researchers, who specialize in queer studies, wanted to study the relationship between LGBTQ+ youth in unstable housing and foster care. Not to come to a surprise, thirty percent of youth in foster care identify as part of the LGBTQ+ community and five percent are transgender (Baams et al., 2019). While this data exists, there are child welfare agencies that are able to refuse to place or provide services to children (lgbtqmap, 2022).

Figure 3 demonstrates the laws/policies states have over child welfare agencies in respect to LGBTQ+ youth.

Figure 3:

Now, I will specify that figure 1 and 3 only demonstrate statewide laws, not city laws. For example, minors that live in Dayton, Ohio are protected by local ordinances from the harms of conversion therapy (2017). I want to specifically focus on the states with the caution sign. Child agencies are able to refuse services to children and families if they are part of the LGBTQ+ community. Same sex couples spend thousands of dollars to have a baby. The reason this is alarming is because “over half a million people go homeless on a single night in the United States” (Council of Economic Advisors, 2019). The percentage of homeless is gonna keep increasing if child agencies are able to deny same sex couples and queer children. Children are not able to take care of themselves, not to even mention them being homeless. 

Trans Rights

For centures, transgender rights have been in question and even today persists. Referencing figure 1, Florida was one of the states that currently had or are creating laws that prevent LGBTQ+ youth from living a happy, healthy life. Flordia’s Governor Ron DeSantis, a republican, signed the “Don’t Say Gay” bill on Monday, February 24th, 2022, that partly reads, “Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in kindergarten through grade 3 or in a manner that is not age-appropriate or developmentally appropriate for students in accordance with state standards” (pp. 4-5). Ahead of signing the law, DeSantis says teaching young children “they can be whatever they want to be” was “inappropriate” for their age. Because of this law, Florida teachers are to report their students to administrators and parents if their child is transgender. As a result of this, suicide rates of LGBTQ+ youth are to inevitably increase from the lack of spaces to affirm their gender identity. That is one example of many that transgender individuals have to go through, not to mention socially. The debate whether trans men and women can play with cisgendered men and women in sports, dating within the trans community, hate crime, and so much more. 

Conclusion

Inclusion is the verb to diversity, so if a place is diverse but not inclusive that means equity has to happen. In addition, I think it’s also important to point out that there are often communities in the world that are not diverse and inherently not inclusive, which just means that even more work towards equity is needed. In addition, diversity, inclusion, and equity cannot be discussed without also mentioning privilege. The United States laws, Constitution, and society are inherently racist, homophobic, and transphobic. The United States was only meant to benefit straight, white, and able-bodied men. In systems of oppression, minorities have to use their resources in order to be successful. In order for the United States to change the following have to also change: laws/policies, political officials, education, and society. I think these are easy changes to be made, but our party system makes it difficult. The United States government always leans towards the left (Democrat) or right (Republican), always making one party unsatisfied. In any situation, not everyone is able to be satisfied. LGBTQ+ education is hardly mentioned within any educational system. In this current moment, peoples rights are being taken away. If I could create a perfect world, I would obviously want laws that protected peoples healthcare, rights, identity, and education. I think it could be as easy as snapping fingers to make the laws that criminalize someone's identity disappear. However, I know it is people's choice to live in ignorance because their lives would not be affected. Not even my utopia can be perfect because I want my people to have their own beliefs. People deserve to live a happy, peaceful, and enriching life. Diversity makes a community better.    

References

Assistant Secretary for Public Affairs (ASPA). (2022, March 15). About the ACA. HHS.gov. hhs.gov/healthcare/about-the-aca/index.html

Burwell v. Hobby Lobby Stores. 573 U.S. Page 93 (2014). supremecourt.gov/opinions/13pdf/13-354_olp1.pdf

Chapter 135-Offenses Against Persons . Municode Library. (2017). library.municode.com/oh/dayton/codes/code_of_ordinances?nodeId=TITXIIIGEOF_CH135OFAGPE_S135.04COTHPR

Child welfare | youth.gov. (n.d.). youth.gov/youth-topics/lgbtq-youth/child-welfare. The State of Homelessness in America.

Conversion. Movement Advancement Project. (n.d.). lgbtmap.org/equality-maps/conversion_therapy

Diaz, J. (2022, March 28). Florida's governor signs controversial law opponents dubbed 'don't say gay'. NPR. npr.org/2022/03/28/1089221657/dont-say-gay-florida-desantis

Foster and adoption laws. Movement Advancement Project. (n.d.). lgbtmap.org/equality-maps/foster_and_adoption_laws/adoption

H.R.1308 - 103rd congress (1993-1994): Religious freedom restoration ... (n.d.). congress.gov/bill/103rd-congress/house-bill/1308 

LGBT: Moving towards equality. Human Rights Watch. (2020, October 28). hrw.org/news/2015/01/23/lgbt-moving-towards-equality

LGBTQ youth in unstable housing and Foster Care. Pediatrics. pubmed.ncbi.nlm.nih.gov/30745432/ 

Masterpiece Cakeshop v. Colorado Civil Rights Commission. 584 U.S. (2018). supremecourt.gov/opinions/17pdf/16-111_j4el.pdf 

Municode Library. (n.d.). library.municode.com/oh/dayton/codes/code_of_ordinances?nodeId=TITXIIIGEOF_CH135OFAGPE_S135.04COTHPR

Parenthood, P. (n.d.). Roe v. Wade at Risk: Nationwide legal abortion may be a thing of the past. Planned Parenthood Action Fund. plannedparenthoodaction.org/issues/abortion/roe-v-wade

The Florida Senate. House Bill 1557 (2022) - The Florida Senate. flsenate.gov/Session/Bill/2022/1557 

Vile, J. R. (n.d.). Same-sex couple adoption laws. Same-Sex Couple Adoption Laws. mtsu.edu/first-amendment/article/1750/same-sex-couple-adoption-laws