This article has multiple issues. Please help improve it or discuss these issues on the talk page . (Learn how and when to remove these template messages)
|
Part of a series on |
Discrimination |
---|
Part of a series on |
LGBT rights |
---|
Lesbian ∙ Gay ∙ Bisexual ∙ Transgender |
LGBT portal |
Part of a series on |
LGBT topics |
---|
LGBT portal |
Sexual orientation discrimination (also known as sexualism) is discrimination based on a person's sex, sexual orientation, gender identity, or pregnancy. [1]
Sexual orientation discrimination often comes up in the context of employment actions. [2] It refers to sexual prejudice, a negative attitude towards someone that is based on their sexual orientation. [3] An example of this bias is homophobia, which refers to discrimination towards someone who is homosexual. Often in the work environment, this is seen with heterosexual individuals who are prejudiced against lesbian, gay, and bisexual people (among others). This is specifically referred to as heterosexism.
An earlier definition of this term is: Sexual orientation discrimination is a belief or argument that one sexual orientation or sexual behavior is inherently superior to some or all others. Usually, it comes in the form of heterosexuality being considered the only natural, normal, or moral mode of sexual behavior, and is also used to refer to the effects of that instinct. The word heterosexism has also been proposed to mean essentially the same thing as this form of sexual orientation discrimination. [4] This word has been suggested as an alternative to homophobia, [5] in part because it uses a parallel structure to sexism or racism. The intent of the concept of heterosexism is the examination of the cultural bias against non-heterosexuals rather than individual bias, which is the focus of homophobia, as well as the adverse effects of normative heterosexuality on heterosexual-identifying people. [6]
Employment actions (or ultimate employment actions), refer to hiring, firing, demotions, promotions, and compensation. [7] Adverse employment actions, however, include termination, demotions, suspension, and changes to conditions, responsibilities and pay. [8] Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sex. In Bostock v. Clayton County 590 U.S. ___ 2020, the Supreme Court found that adverse employment actions made due to an employee's sexual orientation or gender identity violate Title VII. [9]
Sexual orientation discrimination also occurs at the time of service provision from a business or government agency to an individual or group. Such services may include dining at a restaurant, visiting a partner at the hospital, receiving healthcare, or acquiring a marriage license.
The term pansexualism, seen especially in the field of early-20th-century psychoanalysis, [10] was based on the usage of the term "sexualism" to refer to humanity's sexual nature. The terms "homosexualism" and "bisexuals" were also based on this usage, and were commonly used before the general adoption of the terms homosexuality and bisexuality. [11] [12]
Latta v. Otter, 771 F.3d 456 (9th Cir. 2014) is a court case that resulted from a federal lawsuit filed by four couples from Boise, Idaho, where same-sex marriage remained illegal until the couples' victory in 2014. [13] Before Latta v. Otter, only 16 U.S. states had legalized same-sex marriage, [14] [15] and Idaho refused to recognize same-sex marriages performed in such states. On September 8, 2014, the Ninth Circuit ruled that Idaho's ban on same-sex marriage was a violation of the U.S. Constitution's guarantee of equal protection. [16]
Obergefell v. Hodges, 135 S. Ct. 2584 (2015) is the landmark civil rights case that resulted in federal legalization of same-sex marriage in the United States. In July 2013, James Obergefell and John Arthur James filed a lawsuit in the state of Ohio because it refused to recognize same-sex marriages on death certificates. In September 2013, the lawsuit was amended to include a second gay couple and a funeral director who feared prosecution for falsifying death certificates if he were to note same-sex spouses on gay clients' documents.
Hively v. Ivy Tech Community College, __ F.3d __, 2017 WL 1230393 (7th Cir. Apr. 4, 2017) ruled in an 8-3 decision by the Seventh Circuit Court of Appeals that sex discrimination includes homophobia, and therefore violates federal civil rights law. [17] Part-time professor and open lesbian Kimberley Hively applied multiple times for full-time employment. Still, she was not approved, and her contract was not renewed. She claimed that this was due to her sexuality, and filed with the Equal Employment Opportunity Commission. The Seventh Circuit Court ruled in her favor. [18]
Before the Bostock v. Clayton County case, the language of Title VII in the Civil Rights Act of 1964 left the phrase 'based on sex' up for interpretation. The U.S. Equal Employment Opportunity Commission (EEOC) has recognized members of the LGBTQ community as a protected class under Title VII since 2013, but even in 2020, only 21 states had extended employment discrimination protections to members the LGBTQ community. [19] The Bostock ruling found that discrimination based on sexual orientation or gender identity would be considered discrimination based on sex.
Heteronormativity is the concept that heterosexuality is the preferred or normal sexual orientation. It assumes the gender binary and that sexual and marital relations are most fitting between people of opposite sex.
Biphobia is aversion toward bisexuality or people who are identified or perceived as being bisexual. Similarly to homophobia, it refers to hatred and prejudice specifically against those identified or perceived as being in the bisexual community. It can take the form of denial that bisexuality is a genuine sexual orientation, or of negative stereotypes about people who are bisexual. Other forms of biphobia include bisexual erasure.
Heterosexism is a system of attitudes, bias, and discrimination in favor of heterosexuality and heterosexual relationships. According to Elizabeth Cramer, it can include the belief that all people are or should be heterosexual and that heterosexual relationships are the only norm and therefore superior.
The field of psychology has extensively studied homosexuality as a human sexual orientation. The American Psychiatric Association listed homosexuality in the DSM-I in 1952 as a "sociopathic personality disturbance," but that classification came under scrutiny in research funded by the National Institute of Mental Health. That research and subsequent studies consistently failed to produce any empirical or scientific basis for regarding homosexuality as anything other than a natural and normal sexual orientation that is a healthy and positive expression of human sexuality. As a result of this scientific research, the American Psychiatric Association removed homosexuality from the DSM-II in 1973. Upon a thorough review of the scientific data, the American Psychological Association followed in 1975 and also called on all mental health professionals to take the lead in "removing the stigma of mental illness that has long been associated" with homosexuality. In 1993, the National Association of Social Workers adopted the same position as the American Psychiatric Association and the American Psychological Association, in recognition of scientific evidence. The World Health Organization, which listed homosexuality in the ICD-9 in 1977, removed homosexuality from the ICD-10 which was endorsed by the 43rd World Health Assembly on 17 May 1990.
Non-heterosexual is a word for a sexual orientation or sexual identity that is not heterosexual. The term helps define the "concept of what is the norm and how a particular group is different from that norm". Non-heterosexual is used in feminist and gender studies fields as well as general academic literature to help differentiate between sexual identities chosen, prescribed and simply assumed, with varying understanding of implications of those sexual identities. The term is similar to queer, though less politically charged and more clinical; queer generally refers to being non-normative and non-heterosexual. Some view the term as being contentious and pejorative as it "labels people against the perceived norm of heterosexuality, thus reinforcing heteronormativity". Still, others say non-heterosexual is the only term useful to maintaining coherence in research and suggest it "highlights a shortcoming in our language around sexual identity"; for instance, its use can enable bisexual erasure.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cuba have significantly varied throughout modern history. Cuba is now considered generally progressive, with vast improvements in the 21st century for such rights. Following the 2022 Cuban Family Code referendum, there is legal recognition of the right to marriage, unions between people of the same sex, same-sex adoption and non-commercial surrogacy as part of one of the most progressive Family Codes in Latin America. Until the 1990s, the LGBT community was marginalized on the basis of heteronormativity, traditional gender roles, politics and strict criteria for moralism. It was not until the 21st century that the attitudes and acceptance towards LGBT people changed to be more tolerant.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Cyprus have evolved in recent years, but LGBT people still face legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity were decriminalised in 1998, and civil unions which grant several of the rights and benefits of marriage have been legal since December 2015. Conversion therapy was banned in Cyprus in May 2023. However, adoption rights in Cyprus are reserved for heterosexual couples only.
Homophobia encompasses a range of negative attitudes and feelings toward homosexuality or people who identify or are perceived as being lesbian, gay or bisexual. It has been defined as contempt, prejudice, aversion, hatred, or antipathy, may be based on irrational fear and may sometimes be attributed to religious beliefs.
Homosexuality is sexual attraction, romantic attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" exclusively to people of the same sex or gender. It "also refers to a person's sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions."
Bisexual erasure, also called bisexual invisibility, is the tendency to ignore, remove, falsify, or re-explain evidence of bisexuality in history, academia, the news media, and other primary sources.
Discrimination against lesbians, sometimes called lesbophobia, comprises various forms of prejudice and negativity towards lesbians as individuals, as couples, as a social group, or lesbianism in general. Based on the categories of sex, sexual orientation, identity, and gender expression, this negativity encompasses prejudice, discrimination, hatred, and abuse; with attitudes and feelings ranging from disdain to hostility. Lesbophobia is misogyny that intersects with homophobia, and vice versa. It is analogous to gayphobia.
Homosexuality, as a phenomenon and as a behavior, has existed throughout all eras in human societies.
Sexual stigma is a form of social stigma against people who are perceived to be non-heterosexual because of their beliefs, identities or behaviors. Privileged individuals, or the majority group members, are the main contributors of placing sexual stigmas on individuals and their minority group. It is those who hold a higher status that determine within a society which groups are deemed unworthy of a higher status by labeling their specific actions or beliefs. Stereotypes are then produced which further the debilitating effects of the label(s) placed on group members with non-heterosexual beliefs or practices.
Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.
Historically speaking, lesbian, gay, bisexual, and transgender (LGBT) people have not been given equal treatment and rights by both governmental actions and society's general opinion. Much of the intolerance for LGBT individuals come from lack of education around the LGBT community, and contributes to the stigma that results in same-sex marriage being legal in few countries (31) and persistence of discrimination, such as in the workplace.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Guam have improved significantly in recent years. Same-sex sexual activity has not been criminalized since 1978, and same-sex marriage has been allowed since June 2015. The U.S. territory now has discrimination protections in employment for both sexual orientation and gender identity. Additionally, federal law has provided for hate crime coverage since 2009. Gender changes are legal in Guam, provided the applicant has undergone sex reassignment surgery.
Compulsory heterosexuality, often shortened to comphet, is the theory that heterosexuality is assumed and enforced upon people by a patriarchal, allonormative, and heteronormative society. The term was popularized by Adrienne Rich in her 1980 essay titled "Compulsory Heterosexuality and Lesbian Existence". According to Rich, social science and literature perpetuate the societal belief that women in every culture are believed to have an innate preference for romantic and sexual relationships with men. She argues that women's sexuality towards men is not always natural but is societally ingrained and scripted into women. Comphet describes the belief that society is overwhelmingly heterosexual and delegitimizes queer identities. As a result, it perpetuates homophobia and legal inequity for the LGBTQ+ community.
The following outline offers an overview and guide to LGBT topics:
Homophobia in ethnic minority communities is any negative prejudice or form of discrimination in ethnic minority communities worldwide towards people who identify as–or are perceived as being–lesbian, gay, bisexual or transgender (LGBT), known as homophobia. This may be expressed as antipathy, contempt, prejudice, aversion, hatred, irrational fear, and is sometimes related to religious beliefs. A 2006 study by the Joseph Rowntree Foundation in the UK found that while religion can have a positive function in many LGB Black and Minority Ethnic (BME) communities, it can also play a role in supporting homophobia.
Bostock v. Clayton County, 590 U.S. 644 (2020), is a landmark United States Supreme Court civil rights decision in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexuality or gender identity.