A legal and historical comparison of the battles for interracial marriage and same-sex marriage.
Written in 2005; 2,600 words; 12 sources; APA; $ 78.95
Paper Summary:
This paper draws legal and historical comparisons between the legal movement in the U.S. to overturn laws prohibiting interracial marriage and the current struggle to obtain equal marriage rights for lesbians and gays. Discussed is the debate between African-American leaders about whether gay rights are civil rights, historical prohibitions on marriage, high court rulings on marriage in the U.S., and reverse evasion laws.
From the Paper:
"The gay rights movement of the 1940's and 1950's was not framed as much as a battle for civil rights and the inclusion of social and sexual outlaws in mainstream society, as it was about easing the legal restrictions placed on these outlaws while maintaining a separatist culture. The movement was largely about the "politics of protection" - gays and lesbians protecting themselves from the state violence perpetrated against them in the forms of arrests and raids on their private spaces. Towards this end, gay and lesbian activists of this period worked, in some states successfully, to assert their expressive and associational rights. With respect to asserting their expressive rights, this was accomplished by repealing, in many states, sodomy laws that criminalized the sexual acts of consenting adult homosexuals (most of whom were gay men, as most of the laws did not contemplate sexual relations between two women) and obtaining the right to congregate in bars, clubs and social organizations without the constant threat of abuse and prosecution by law enforcement."
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