Oppression of Homosexuals and Same Sex Marriage

• In Event: Sexuality, Policy, and Intersectionality in Criminology and Criminal Justice

Abstract

Abstract
Homosexuals have been defined by American culture and legislation as illegal and immoral, a national consensus toward punishing homosexual activity. Homosexuals are horribly oppressed members of American society. This is seen in the numerous and varied legal punishments meted out since the time of the American Revolution. In 1986, the U.S. Supreme Court allowed States to criminalize gay sexual activity [Bowers v. Hardwick, 478 U.S. 186 (1986)], a decision that prompted examination of the national consensus toward punishing consensual homosexual activity and shifted the national discussion of punishment away from the homosexual. In Lawrence v. Texas [539 U.S. 558 (2003)], the U.S. Supreme Court struck down all state legislation that criminalized homosexual activity between consenting adults in private. Continuous examination of the role of punishment of gays and lesbians has contributed significantly to recent federal court cases declaring barriers to same-sex marriage unconstitutional. Currently 17 States allow same sex marriage and statutes forbidding same sex marriage were declared unconstitutional in another four states but the court rulings have been stayed pending appeal. We examine this process and the current state of same sex marriage in the nation and internationally.

Author

• Harry Ellis Allen, University of Louisville