Militants rights of homosexuals, the Supreme Court a test case
A new “gay rights” law on development as judges across the country, less and less tolerant of government policy that homophobic discrimination.
The goal of gay rights lawyers is the Supreme Court, where they hope that judges are generally that the Constitution protects homosexuals are discriminated against.
To that end, activists of coordinating their efforts at the national level, legal and monitoring of cases with the most sympathetic victims. The approach is similar to the strategy behind the movement for civil rights years 1950 and 1960 and the feminist movement.
During the last 15 months, the Supreme Court of Hawaii opened the door to gay marriages, the Supreme Court invalidated a Kentucky law against sodomy, and a federal appeals court ruled that the army can not exclude people solely because of homosexuality.
Last week, a judge in Colorado has proposed an initiative of the State, cities to vote arrested by writing laws on the protection of homosexuals in employment and housing prejudices. The judge said that voters approve the initiative - Amendment No. 2 - against the Constitution guaranteed the same protection under the law.
“Lesbians and gays are, in their Brown v. Board of Education,” said William B. Rubenstein, director of the ACLU of the national team Lesbian and Gay Rights Project, referring to the emblem of 1954 opinion on the conformity of segregation in public schools unconstitutional.
“We would welcome a ruling by the Supreme Court … To say that discrimination based on prejudice against homosexual persons is contrary to the Constitution,” he said. “It’s something that we all buildings vis-à-vis, looking for a good test.”
The legal aspects of the work of gay rights activists is not only one of the most fussy social conflicts, but shows how minorities try to broaden the courts of rights to new groups.
The judicial proceedings are initiated throughout the country: more local anti-discrimination laws and ballot initiatives that attempt to stop, as gay friendly measures pressing complaints of discrimination filed by jobs, and as regards private and family life, legal disputes (for example, if a lesbian mother is less able heterosexueller like a father to care for a child).
The decisions taken so far clear that in local contexts and individual situations, but they are creating a favourable legal environment for homosexuals than ever - which ultimately could affect the Supreme Court.
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