Denise Aguilar

Outline

LGBT Community Outline

I.

II.

III.

LGBT Community descriptiona. translates to Lesbian, Gay, Bisexual, Trans

b. Almost 70 years in cases fighting for equality
i. First case1. One, Inc. v. Olesen (1958)
a. Ruled in favor of lgbt.
b. First Supreme Court Case for the gay
rights movement
c. After losing the case and appeal, the SC
ruled in favor of the LGBT movement.
ii. Last case1. Obergefell v. Hodges
a. Made same sex marriage a constitutional
right
c. Both cases contributed to massive movement of LGBT
rights.
Bowers v. Hardwicka. 5-4 ruling that adults may not engage in homosexual
activity, making homosexual sex illegal.
i. Lgbt is not covered under right to privacy because
it does not cover gay sodomy.
ii. no connection between family, marriage, or
procreation on the one hand and homosexual activity
on the other has been demonstrated.
b. Lawrence v. Texasi. Overturned Bowers v. Hardwick in 2003.
ii. 6-3 ruling
iii. the state can not demean their existence or control
their destiny by making private sexual conduct a
crime.
c. Positive impact
i. Allowed lgbt to have legal private
matters/intercourse and not be charged with an
illegal action
U.S. v. Windsora. Ruled that DOMA is unconstitutional
i. DOMA
1. Defense of Marriage Act
2. According to GLAAD, prevented the federal
government from recognizing any marriages
between gay or lesbian couples for the purpose
of federal laws or programs, even if those
couples are considered legally married by their
home state. The other significant part of DOMA

Denise Aguilar
Outline
makes it so that individual states do not legally
have to acknowledge the relationships of gay
and lesbian couples who were married in
another state.

IV.

V.

b. 5-4 ruling
c. Though this is a positive ruling, it was only because of one
vote.
i. Had the voter changed his stance, this act could
have easily still been in place.
ii. Still have a ways to go. (further explained in analysis)
Obergefelle v. Hodgea. Ruled in favor of same sex marriage.
i. no union is more profound than marriage, for it
embodies the highest ideals of love, fidelity,
devotion, sacrifice and family. In forming a maritial
union, two people become something greater than
they once were.
b. 5-4 ruling
c. the 14th amendment was rewritten to require the state to
license a marriage between two individuals, same sex or
not.
Assesment and Analysisa. Come along ways.
i. According to the SC cases, almost 70 years in losses
and wins
b. however, most rulings were 5-4
i. Shows that there are the US has a different view of
equality because it wasnt won by much.
c. cases of people that are refusing to give out licenses to gay
marriage.
i. Kim Davis.
1. Arrested for not giving the licenses as it went
against her religion
d. Have come a long ways, but they still have a ways to go.
i. Proving that equality is a right, not something that
should be decided.

Citations:
Liptak, Adam. "Supreme Court Ruling Makes Same-Sex Marriage a
Right Nationwide." The New York Times. June 26, 2015. Accessed
October 16, 2015.
http://www.nytimes.com/2015/06/27/us/supreme-court-same-sexmarriage.html?_r=0
Rowen, Beth. "Important Supreme Court Decisions in Lesbian, Gay,
Bisexual, and Transgender History." Infoplease. Accessed October 17,

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2015. http://www.infoplease.com/gay-pride-month/supreme-courtdecisions.html.
"Frequently Asked Questions: Defense of Marriage Act (DOMA)."
GLAAD. September 28, 2011. Accessed October 17, 2015.
http://www.glaad.org/marriage/doma
Hanna, Jason, Ed Payne, and Catherine E. Shoichet,. "Kim Davis Freed,
Barred from Interfering with Licenses - CNNPolitics.com." CNN.
September 8, 2015. Accessed October 18, 2015.
http://www.cnn.com/2015/09/08/politics/kim-davis-same-sex-marriagekentucky/.