Homosexuals Working in the Criminal Term Paper
- Length: 10 pages
- Subject: Women's Issues - Sexuality
- Type: Term Paper
- Paper: #2905727
Excerpt from Term Paper :
The first of these is regarding their share of population and they have been compelled to admit that they do not have 10% share of population as has been claimed earlier. This admission was recorded at a Friends of the Court filed in the Supreme Court on March 26, 2003 for a case known as the Texas Sodomy Case identified as Lawrence v. Texas case. This was a case through which the homosexuals were trying to get the Texas law against Sodomy declared as unconstitutional. The declaration made was "The NHSLS found that 2.8% of the male, and 1.4% of the female, population identify themselves as gay, lesbian, or bisexual. This amounts to nearly 4 million openly gay men and 2 million women who identify as lesbian." (Homosexual Urban Legends: The Series) This is also reflected in the 2000 census figures which show that homosexuals exist in far lesser numbers than the figures talked about by the homosexuals. These figures were used by the homosexuals to claim that the number of same sex house holds had increased rapidly during the last few years. As per the census, there are a total of 106,741,426 households in United States and of these only 0.42% is unmarried same sex households. (Homosexual Urban Legends: The Series)
This makes it clear that the real sections of population who are homosexual are really small in number. At the same time they are very aggressive and a professor at the University of Nevada offended them by saying the homosexuals tend to plan less for the future during a lecture on economic planning. This was reported by Las Vegas Review Journal. The name of the professor is Hans Hoppe and he is known as a conservative economist who has taught at the University for over 20 years. According to him he said that he gave some examples of sections that do not plan for the future and among them were the very young, the very old, childless couples and homosexuals. According to him the discussion probably lasted for 90 seconds during a lecture of 75 minutes. This led a student to lodge a complaint informally within a few days and the step taken by the university is to give him a letter of reprimand and also not pay his next salary raise. (Economic theory' and 'cultural stereotype') it is clear that lawyers considering cases regarding homosexuals will certainly have a lot of cases to handle, but their lives will have to be very private, and they will probably not be permitted to be a homosexual on the job, if they are in government service.
During the period of 1990s, gay rights became very important and among them were the spouse benefits like health insurance and pension plans for the domestic partners as also the legal recognition of the same sex or gay marriages. This has been heard by many American companies who now offer same sex partners benefits for medical treatment similar to those enjoyed by the wives of other employees. This is reflected in the benefits of around one-fifth of the workers in these companies. At the same time, during the mid-1990s, the same sex marriages were being banned in any states, and the situation today is that 41 states do not accept same sex marriages. (Gay rights)
This has also been opposed by some state supreme courts and in Vermont it was declared in 2000 that offer civil unions for same sex couples be given the same facilities as those in marriages between different sexes. Even in Massachusetts, it was ruled in 2003 that homosexual couples have the fundamental right to marry and this has led to issue licenses for such marriages from May, 2004. In the meantime, there was a decision for the issue of civil unions for gay couples while marriages to heterosexuals were restricted and this law could take effect only from 2006, November. This was not a uniform picture and there have been restrictions from November 2004 regarding restriction of marriages between a man and woman and also banning same sex marriages in certain cases, and this was in 11 states. There are five states which ban gay marriages but recognize same sex partnerships, but those do not offer as many rights as civil unions. (Gay rights)
It is clear that the gays are approaching the status of a powerful minority, somewhat like the Jews which have a lot of power in United States. The only question is what is a criminal lawyer supposed to do for them and why is a homosexual required to do it? At the national level, there is the Defense of Marriage Act and that restricts the definition of marriage to being a union among heterosexual couples, and the matter has progressed to the level where some leaders including President Bush have been trying to get bans on same sex unions. The religious organizations have also been trying to get rid of same sex unions. (Gay rights)
Now let us look at sexual harassment as that is the main difficulty that gay people complain about, and which is likely to be the main job for a homosexual criminal lawyer. This is defined are the verbal or physical behavior of a sexual nature happening in the place of work or in an institution. These can be brought in as tort under equal-opportunity laws. This was earlier viewed as pressure from persons in authority in those institutes on those in an inferior position, and the object was to gain some sexual favors. This is now also viewed as creating a difficult environment to work in for the persons who are subjected to it. This may be employed by male employees in work situations against newly recruited female employees so that she finds it difficult to work. The objective may also be to protect some areas of work that were being earlier done only by males. These are viewed in United States since 1977 as sex discrimination by the courts. The court may penalize not only the superior who is trying to gain sexual favors, but also other fellow employees, or the controlling authority that is not being able to restrict others.
There have been complaints in the Senate in 1991 by Professor Anita Hill that a Supreme Court nominee had made unwelcome advances. The harassment has been taken into account by the Supreme Court to the extent that permits individuals harmed by a failure of the school to stop students who harass others to sue the school for damages that they have suffered. The normal definition of sexual harassment involves unwanted touching of the private parts of a worker, lewd comments, and talks about gender superiority or sexual jokes. At the same time this has now gone to the level where sexual harassment where co-workers have complained about how well the complaining worker looks, or their dates with others, or even for apparently harmless compliment. These are generally viewed to be harmless but in certain cases may be rude or viewed to be sexual harassment. (Sexual harassment)
As a criminal lawyer regarding homosexuality this is an area that is to be looked at carefully. These are most of the 'hate crimes' that gays complain about and these are generally nothing more than name calling or remarks. During 1991 FBI reported a total of 431 hate crimes against gays. In Washington DC there was only one reported case by FBI, but the gays claimed 397 incidents. When the gays were asked for details, they admitted that at least 366 incidents were those of verbal harassment (Violence and Homosexuality). Thus the criminal lawyer will have to be very selective about the cases that are handled.
Even in other countries, the general attitudes toward gays have become more tolerant, and this is even in Singapore. In July 2003, Mr. Goh Chok Tong, the Prime Minister had told Time magazine that the government had started employing homosexuals even for critical posts. To stop being blackmailed they were told to avoid declaring their status. At the same time, homosexual behavior is a crime under Sections 377 and 377A of the Penal Code there! (Homosexuals, health and the law) Regarding criminal behavior, the homosexuals are as violent as the others, if not more. In 1992, in Jeffersonville of Indiana two lesbians of ages 17 and 16 abducted a 12-year-old girl whom they suspected of getting close to another lesbian. The little girl was killed violently by being pushed into the trunk of a car, stabbed repeatedly and beaten with a heavy metal bar. Finally she was set ablaze while still alive. There was another killing at Fort Lauderdale, Florida of his 40-year-old father by a 14-year-old boy. The father was stabbed 45 times and beaten with a skillet to the extent that the iron skillet shattered. The reason was to help the father's homosexual lover to live…