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Thu May 10, 2012, 12:40 PM

Do LGBT have other civil rights?

I know some states, counties, and local governments have included sexual orientation as a group which can't be discriminated.

I know some companies included sexual orientation to the list of people they won't discriminate. Some have even extended benefits to the same sex partners of employees.

But, without these happening is there anything which protects LGBT from being discriminated against.

I know some say LGBT has the U.S. Constitution which all Americans have, but I am talking out being fired from a job, not being able to rent an apartment, and things not specifically stated in the Constitution. The things which made anti-discrimination laws and policies needed in the first place.

I know things are getting better for LGBT. I have been out in Alabama for about 10 years without discrimination (that I knew about) other than of course not being able to get married, a civil union or a domestic partnership.

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Reply Do LGBT have other civil rights? (Original post)
SoutherDem May 2012 OP
COLGATE4 May 2012 #1
SoutherDem May 2012 #2
COLGATE4 May 2012 #3
Komputernut Jun 2012 #4

Response to SoutherDem (Original post)

Thu May 10, 2012, 03:44 PM

1. Nope. It's a State by State issue unless the Supreme

Court decides that sexual orientation is another protected category.

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Response to COLGATE4 (Reply #1)

Thu May 10, 2012, 06:58 PM

2. Thanks for the information

That is what I thought. Just wanted to make sure.

I have often told this to people and many don't believe me.

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Response to SoutherDem (Reply #2)

Mon May 14, 2012, 11:19 AM

3. I know it's hard to believe in this day and age

But the USSCt has never ruled on sexual orientation being a protected category. And, there's no general Federal law against LGBT discrimination. So, it's left to the States, many of which likewise do not consider it illegal to discriminate against people due to their sexual orientation. Hopefully we are in the end days of that kind of jurisprudence.

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Response to SoutherDem (Reply #2)

Fri Jun 1, 2012, 12:29 PM

4. Some thoughts.

The interesting thing about the Constitution is that it assumes the rights of all the citizens of the US, it does not grant them to us, though as you all know there are a few specific core rights (speech, bear arms ect) that it names.

Our system is a democracy founded on a republic. That is to say, that when it comes to voting the majority rules (democracy). For those of you in the LGBT community you are keenly aware of the democratic methods of our government and how your rights are restricted by them. The majority can vote to limit rights, but remember that the US IS NOT a democracy, its foundation is built on a republic. That means that the majority cannot give you rights and it cannot take them away (well, permanently).

As cases move through the system states and their Supreme Courts will recognize that rights are being infringed upon and will find laws that seek to deny rights and privileges unconstitutional (Prop 8 in CA for example). For those states that cannot or will not address these issues (*cough* the south) The federal government via the power granted to it in the 14th amendment will force the states to live up to the laws .

In all honesty I'm not gay and can't relate to it on a personal level, but I fully and wholeheartedly believe that EVERYONE deserves equal treatment under our Constitution. Failure to recognize the rights of the LGBT community is, IMO, a failure for all Americans and is a sign the the Constitution is no longer respected.

The process is slow and perhaps rightly so. People are slow to change and accept new ideas and the change cannot be forced upon the populace all in a day. It's going to take time, but in the end I think America will do the right thing.

Ironically, I had a fairly lengthy argument going at the Conservative Cave forum in regards to gay rights. The thread went on for 23 pages (I was up to about 170 posts). In the end I created a rather long, argument, that must have been good because everyone hurled insults and deflected. When I hurled back I was banned.

Intend on posting it here, simply because I worked on it for a week and it would be a terrible waste for it to go unread, at least for me...lol

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