LGBTQ+ Rights in the United States of America

Kylia McCoy

Politics 1100 - 812

Professor Jeff Ferlo

Salt Lake Community College

Introduction

In many ways the LGBTQ+ Community draws the short stick, there are millions of ways

to show the discrimination that members of the LGBTQ+ Community endure on a regular basis.

I will address these in this essay, but before that let us look toward the fundamentals of our

culture. Equality, one of the most basic beliefs of a America, and yet we are still failing at this in

many categories. Our government does not protect those who are of a minority group, and our

culture exploits them for personal gain; Token Gay Friends and Token Black Friends. Movie

Producers and Television Networks show their acceptance and understanding by including one

gay friend, one minority group. Above all though, these people are discriminated against in the

simplest of terms, from the things we say, the laws we pass and the morals we hold. Equality:

Public Restrooms

There are currently multiple laws in place, and even more in the process passing, that are

discriminatory against those who are gender non-conforming, trans and those who do not

conform to traditional gender standards and roles. (Michaelson, 2017) These laws are passing to

prevent members of the LGBTQ+ Community from using the restroom that they would prefer.

On the surface this seems like a fairly straight forward idea, it is a bit more complex than that.

These laws would like to take the rights from an individual to use the restroom, to prevent

potential crime from happening. So, to easily explain they would like to take away one of the

fundamental human rights of equality - to have the same rights as any other cisgendered citizen,

to prevent criminal behavior.

 This though, is in spite of the fact that there has never a reported case of a trans person

attacking another person in the restroom. (Borrello, 2017)) Although, because of this bias, that

trans people are dangerous to your family there have been multiple studies showing that it simply

is the other way around. One study stated that About 70 percent of the sample reported

experiencing being denied access to restrooms, being harassed while using restrooms and even

experiencing some forms of physical assault," says Herman. Eight of the 93 respondents in her

survey said they had been physically attacked in a restroom. (Brady J, 2016)

With this being said though, it isnt uncommon for women (and even men in rarer cases)

being attacked in the restroom. But, by blocking out a innocents persons human rights to have

the same benefits as every other citizen, we are keeping these people from our restrooms, not the

predators we should fear. If someone wants to break the law, they will do it whether the law

allows them to use that restroom or not. SLCC saw this first hand when a man decided to wait in

the womens locker room of the LAC building on April 7th. (Steinbrecher, 2017) He was

dressed and acting as a man, so pedofiles and rapists probably dont care - it can even be seen as

a hit to their masculinity, to dress as a woman.

Same Sex and Non-Cisgender Adoption

 Restrooms are not the only issue though, there are many ways that people are attempting

to limit the rights and legal protections for members of the LGBTQ+ Community. Another issue

within the limitation process is adoption rights. In many cases and in many places, it is against

the law for gay couples to adopt a child. For example, Florida bars any homosexual to legally

adopt a child, as reported by FindLaw (LIGLA, 2017). Although it is getting better, many states

have gotten rid of these laws and preventive measure but as weve seen with florida, it widely

depends on where you are from.

Utah, for example, does not prevent same-sex couples from adopting children, although

companies like the LDS Family Services are quick to deny giving children to same-sex couples.

Which has resulted in major tensions between the church and state as well as companies like the

LDS Family Services changing their course of action. To prevent discrimination lawsuits.

(Walch, 2014) Many states, who do not have laws against same sex adoption have extra

requirements to ensure that they are qualified parents, or even in extreme cases to try prevent

them from adopting children.

Although this is very difficult for same sex couples have a hard time, many trans and

gender non-conforming couples have an even harder time. Many states require that adopted

children have two caregivers of different sexes, so those who were born a woman and

transitioned to male, even if they are in a heterosexual relationship still may not be able to adopt

a child.
 Since the law refuses to see this man as a man, since his birth certificate probably is still

marked as female or there are laws preventing him from changing that to his current gender.

(State Guidelines, 2017) This can be problematic for new families and children because it means

that more perfectly good parents will go without because they are gay and children will go

without or trapped in unhappy foster homes because same sex couples is the less accepted family

system of the two.

Medical Care for the LGBTQ+ Community

There are many things that cause life for those who arent cisgender to be harder. In many

ways the legal system, the social expectations and the norms for the genders create a barrier

between the trans community and the others. This is especially relevant in the medical field,

many doctors consider Trans+ patients to difficult to handle since they dont have the expertise

to deal with patients who are significantly different. (Womens Health Care Physicians, 2011) In

layman's terms, simply it is too awkward for a male doctor to talk to a young man about periods.

Currently there are laws in place protecting patients from discrimination by federally paid

doctors. (Healthcare NCTE, 2017) This protects Transgender patients from publicly funded

doctors, but that is a fairly rare account. If you are restricted to federally funded doctors, like

many transgender individuals, it can mean that there are nearly 35% less doctors to chose from,

and nearly no specialists.

 With this in mind, we can look toward bills that are currently in progress or going to be

introduced soon. There are many laws currently protecting transgender and homosexual people

from discrimination on the basis of their sexual orientation or gender. Although there are many

politicians, activists and bills who would like to change that.

People say that just because a doctor is federally funded they should not be required to break

their religious limitations on treating patients. Private physicians have the right to refuse you on

the bases of your gender expression if it goes against their beliefs still.

This still allows transgender people to see a doctor when needed, but members of the

LGBTQ+ Community (especially Trans+) are subjected to an incredibly difficult process of

finding adequate health insurance and a good doctor. Transgender patients have reported being

forced to undergo a pelvic exam when going to doctors for unrelated issues, as well as being

forced by medical professionals to explain their sexual and gender identities. Worst, and

potentially most damaging, Insurance companies routinely refuse transgender men and women

sex-specific preventive caresuch as mammograms or prostate exams. (Redden, et al, 2017)

In these cases, since the patient is seen as a man, they do not qualify for mammograms, or

whatever the case might be. Many companies refuse to take into account that being born with a

womans body still means you have the need for those preventative treatments.

In conclusion, whether you agree with homosexuality and the LGBTQ+ Lifestyle or not,

there are still major issues of people being discriminated against. Equality, one of the
fundamental rights of the american people is being destroyed for the same reason that it has for

years. We, as a culture, embrace our fear, we refuse to acknowledge the unknown and will do

everything we can to distance yourself from it. That is in extreme cases of people beating gay

teens to death or something as simple as a doctor not wanting to treat a sick person because they

are a bit different.

Citations (in order of useage)

Michaelson, J. (2017, January 06). New Anti-Trans 'Bathroom Bills' Could Require Original

Birth Certificates to Pee. Retrieved April 26, 2017, from

http://www.thedailybeast.com/articles/2017/01/06/new-anti-trans-bathroom-bills-could-

require-original-birth-certificates-to-pee.html

Brady, J. (2016, May 15). When A Transgender Person Uses A Public Bathroom, Who Is At

Risk? Retrieved April 26, 2017, from http://www.npr.org/2016/05/15/477954537/when-a-

transgender-person-uses-a-public-bathroom-who-is-at-risk

Borrello, S. (n.d.). Sexual Assault and Domestic Violence Organizations Debunk 'Bathroom

Predator Myth' Retrieved April 26, 2017, from http://abcnews.go.com/US/sexual-assault-

domestic-violence-organizations-debunk-bathroom-predator/story?id=38604019

Steinbrecher, L. (2017, April 14). Charging documents reveal new details about sexual assault in
 locker room on Utah campus. Retrieved April 26, 2017, from

http://fox13now.com/2017/04/14/charging-documents-reveal-new-details-about-sexual-

assault-in-locker-room-on-utah-campus/

Legal Issues for Gay and Lesbian Adoption. (n.d.). Retrieved April 26, 2017, from

http://family.findlaw.com/adoption/legal-issues-for-gay-and-lesbian-adoption.html

Walch, T. (2014, June 17). LDS Family Services shifts from adoption agency to adoption

counseling. Retrieved April 26, 2017, from

http://www.deseretnews.com/article/865605313/LDS-Family-Services-shifts-from-

adoption-agency-to-adoption-counseling.html

Changing Birth Certificate Sex Designations: State-By-State Guidelines. (n.d.). Retrieved April

26, 2017, from http://www.lambdalegal.org/know-your-rights/article/trans-changing-

birth-certificate-sex-designations

Women's Health Care Physicians. (2011, December). Retrieved April 28, 2017, from

http://www.acog.org/Resources-And-Publications/Committee-Opinions/Committee-on-

Health-Care-for-Underserved-Women/Health-Care-for-Transgender-Individuals

National Center for Transgender Equality: Healthcare. (n.d.). Retrieved April 29, 2017, from

http://www.transequality.org/know-your-rights/healthcare See: What types of

discrimination are prohibited by law?

Redden, M., J., Oh, I., Michaels, S., Toppa, S., & Levy, P. (n.d.). Health insurance companies are

even more horrible if you're trans. Retrieved April 29, 2017, from

http://www.motherjones.com/politics/2015/09/transgender-healthcare-discrimination-

obama-administration