Blog #4: LGBT equality, sanctioned discrimination, and the criminal justice system due January 14th @ midnight

1/14/2015

After reading Corrupting Justice: A Primer for LGBT Communities on Racism, Violence, Human Degradation & the Prison Industrial Complex answer two of the following questions.

Describe one of the cases below. What themes from the Corrupting Justice reading relate to the case you chose?
What do these types of laws expose about our cultural norms and values?
In what ways do you see class, race, gender, and sexuality playing a role in the way these cases were decided? How could these forms of discrimination be prevented in the future?
In what ways did the State's that these people lived in, willfully violate the constitution. What amendment was violated? Explain why.

The U.S. Supreme Court decision striking down state sodomy laws (Lawrence and Garner v. Texas) did not erase the historic criminalization of LGBT sexuality in the United States.

Anti-LGBT religious and political leaders often characterize all LGBT people as sexual predators and pedophiles, a politicization of homophobia and gender non-conformance that is both reprehensible and dangerous.

Anti-queer discrimination and violence not only follow LGBT people into the criminal justice system, but also help to put us there. Incarcerated LGBT people — both youth and adults — are often subjected to verbal harassment, physical abuse other forms of mistreatment from other prisoners, guards, and other criminal justice staff.

Sexual assault and rape — by inmates and staff — are endemic in many correctional institutions. LGBT youth and adults are frequent targets. Trans youth and adults are often subjected to additional forms of harassment and abuse while incarcerated. This may include functional classification as sex offenders, denial of appropriate health care services, and prescription drugs, placement in gender inappropriate facilities, and the like.
- LGBT people — especially youth — in correctional facilities are often segregated from the general population and placed in isolation — allegedly for their own “safety. In reality, isolation magnifies the harshness of incarceration.Poverty, homophobia, and transphobia funnel many young queers into the system. Research suggests that a dis-proportionate number of homeless youth are queer
Many, who have been abused, neglected, or kicked out of their homes,often engage in prostitution, petty theft, and drug dealing in order to survive on the streets.
- Queer teens who are not separated by significant age differences and who engage in consensual sex can in some jurisdictions receive significantly harsher sentences than young heterosexual partners who engage in the same sexual activity.
-Prosecutors in capital cases often use homophobic arguments to encourage juries to give death sentences to LGBT defendants or use a “gay panic” defense in cases involving violent assault against persons who are, or are thought to be, gay or transgender.
- Supreme Court Lets Stand a Ruling that sides with Transgender Inmates
Requirements for your blog
You must write 250 words (minimum) for your original post with a 50-100 word response to another student.
Students must post on or before the due date.

10 Comments

Sandra Montes

1/14/2015 04:51:30 am

1. As the case of Lawrence v. Texas was taken to the Supreme Court, it sought to fight sodomy laws in the entire country, and overrule the Bowers v. Hardwick case that gave the states permission to involve themselves in the private sexual encounters of same sex people. Just as the reading describes, homophobic arguments were used against the plaintiffs, and the decision of the Bowers case was used to justify their arrests. At the time of arrest, Lawrence and Garner were shown unjust treatment; Lawrence describes being dehumanized and not allowed to put any clothing on when arrested. Also, the harassment that the reading describes happens to people from the LGBT community happened to Lawrence and Bowers, as they were now criminalized for the arrest, and lost many opportunities that people without a record receive.
2. Texas willfully violated the constitution from the start of the case, as they violated the fourth amendment that prohibits unreasonable search and seizures. The police were supposedly looking for a gun, yet Lawrence recalls that they never did so, and instead arrested them for having sex with someone of the same sex, which they did not have a warrant to look for. Privacy laws were also violated, as well as the plaintiffs’ pursuit of happiness and free will to make their own decisions about their lives. The United States is not a Christian nation, yet Texas allowed religious beliefs against homosexuals to have overwhelming influence on sodomy laws, and how gay people were allowed to live their lives. This contradicts the separation of church and state concept.

Diana Orozco

1/14/2015 01:57:27 pm

The first thing that came to mind when I read part one was the first day of class. Crystallee asked us what we think of when we hear the word "dehumanized". We talked about being treated as an animal and being called an animal. These people the system discriminates on treats the people like animals in the way they cage them and chain them. Most of these incarcerated people won’t even dare harm a fly, but they are treated as if they are uncontrollable animals.

DIANA GOMEZ

1/14/2015 02:48:55 pm

Sandra i agree and that is much correct.

That is correct for this case of Lawrence v. Texas not only did they violate their 4th amendment right that prohibits unreasonable search and seizures and requires a warrant. The couple was treated worse than an animal. That is the example that related in the readings about how police violence is directed to LGBT people, and there rights are abused by being incarcerated and criminalized. IN other words the police officers original call was about an illegal weapon, but they never found one because they never look for one. The gay couple engaging in sexual activity at their own place and in private was worse than apparently having an illegal weapon. That is just pathetic and ignorant.
-DIANA GOMEZ

1/14/2015 02:39:22 pm

Describe one of the cases below. What themes from the Corrupting Justice reading relate to the case you chose?
Lawrence v. Texas was the 2003 Supreme Court case that would decide the legality of state sodomy law. In September 17, 1998 the police violated John Lawrence and Tyrant Garner privacy and arrested them for sodomy law. Someone previously called in and falsely reported an illegal weapon in John’s apartment. In the readings it can relate when it mentions about police violence directed to LGBT people, and rights. There had been many abuses of incarcerated people who thought to be different or perhaps gay. For example, the original call was about an illegal weapon. That weapon was never found because it was never searched for in the first place.
What do these types of laws expose about our cultural norms and values?
The types of norms and values that are exposed due to these types are laws can include the diversity in relationships. The norms were established when the LGBT community was labeled as criminals and did not have the privileged to adopt a child nor have a public relationships. The values of heterosexual communities raised and were not seen wrong to discriminatory to hate or prosecute Gay people. The values were taught that people that were heterosexual were the only couples that deserved the right to
In what ways do you see class, race, gender, and sexuality playing a role in the way these cases were decided? How could these forms of discrimination be prevented in the future? Small local courts plead no contest stating that the facts were wrong. The state said something similar, and then it made it to the Supreme Court and had a lot of people against it. There were many rumors in those times that the gay community owns the HIV disease. Many people would freak out and be more against the gay community. The sodomy laws are unconstitutional when targeted against the gay community.
In what ways did the State's that these people lived in, willfully violate the constitution. What amendment was violated? Explain why. It violated the LGBT community rights by discriminating them and not being able to obtain certain jobs, not being able to adopt. It violated the right of pursuing happiness. Treating the LGBT community inhumane and not like humans.

1/14/2015 03:07:50 pm

I agree with what you are saying about the establishment of the norms. We have learned that cultural norms help to establish the law, and because heterosexuality is the norm, laws have been created in their favor. I do believe that those fighting against gay rights used the hysteria over AIDS in their favor. Labeling AIDS as the "gay disease" made it a tool in making discrimination against gay people lawful. Using fear and cultural norms as tools help to keep the general public silent against discrimination to groups who are considered different. Luckily, the win against sodomy laws in this case, helped set the motion for change within the system, and hopefully equality will be reached.

1/14/2015 02:48:19 pm

1/14/2015 03:04:56 pm

In the video, Overruled, not only did the police discriminate against Darrell Garner and John Lawrence, the two gay men caught having intercourse under their own roof, but the state of Texas discriminated against this couple. Garner and Lawrence were arrested for participating in gay sex. The Corrupting Justice article mentions a “getting tough on crime” idea that has been around for about 30 years. This idea resulted from the inflammation of the incarcerated population, despite the fact that violent criminals have decreased. The idea is that the system has created no tolerance laws and has sentenced any person that went against the law, whether violent or not. The article also mentions that this “get tough on crime” idea has become an excuse to allow the system to abuse its power while mistreating any person or group viewed as an “enemy”. This statement explains exactly what happened in Overruled. The state of Texas feared what they didn’t understand; homosexuality. Texas saw homosexuals as a threat because they were going to cause change in the American culture. This fear caused the creation of the Sodomy Laws that incarcerated Garner and Lawrence. Of course, these Sodomy Laws violated the Declaration of Independence. The Declaration of Independence states that all men are created equal, and all men have the right to life, liberty, and pursuit of happiness. The laws deprived Garner and Lawrence of their rights to all three. They were not allowed the respect of privacy, but instead were humiliated and dehumanized.
This fear of other people or groups continues to influence law today. Laws have been created and bent in multiple ways to subliminally discriminate and incarcerate people of color, homosexuals, women, and the lower class. To prevent this discrimination, we need to end this fear or prevent fear from sinking into the minds of innocent people. Discrimination can be prevented from liberating the minds engulfed by white supremacy ideas.

fay

1/14/2015 03:37:30 pm

“This fear of other people or groups continues to influence law today. Laws have been created and bent in multiple ways to subliminally discriminate and incarcerate people of color, homosexuals, women, and the lower class. To prevent this discrimination, we need to end this fear or prevent fear from sinking into the minds of innocent people. Discrimination can be prevented from liberating the minds engulfed by white supremacy ideas.” Diana Orozco
I agree with every word, but we cannot ignore many poor families that have lost their men to prison and their children are going to poor schools that the teacher is not bothering at all, have no support what so ever. Maybe we should have our own group to advocate for them. [I even found a name (4 for all) and I can also create web page as well, these are just few ideas] That is why personally I have started story board for an animation and since my English or Spanish is not useful I decided to use vision as the language. Teenagers have so much in their mind and have so much fear, to show them they have rights is a challenge but doable. Many are forced to do wrong, and many just want love and attention that is all, but how a single mother can do it all? She has to make sure they have roof over their head, and that is alone in Bay area is very hard to do, food, and the list is just long. We are stronger together, and alone is very hard, trust me I know.
To bring humanity to dehumanize we must become blanket of unconditional love.

FAY

1/14/2015 03:46:44 pm

To bring humanity to the ones dehumanized we must become blanket of unconditional love.

Fay

1/14/2015 03:12:27 pm

Blog #4: LGBT equality, sanctioned discrimination, and the criminal justice system
Lawrence v. Texas is example of knowledge used to bring justice. To be criminalized for such a personal matter seems to be something hard to believe in. Yet to this day many suffer and pay the prize even after this case. Once again we see Cognitive behavioral is present, fear of what most of people are brained washed to look at as abnormal. Also I have such hard time to picture authority bursting in house, and make an arrest for a consensual adults partners having SEX?? It is always easier to blame and point finger at others, than really to try to help. So, I see why prison is an institution (closed) no outsider can fathom what is going on inside, and if you do not know you will not react. Clearly Lawrence was outraged by the way he was arrested, and yet he never did experience what was going on inside prison. I am curious to know what if the history of LGBT is much deeper, but like many other matters we never got to know about it.
- These types of laws explains our culture has fear, and do not know to be yourself is to be free and happy
- It is the right of individuals to live their lives without any discrimination against their class, race, gender and sexuality (on the paper at least) Best way to prevent these discriminations is to be informed, or to be involved learn about the laws, talk to our friends and family. Take JS 137
In what ways did the State's that these people lived in, willfully violate the constitution. What amendment was violated? Explain why.
- Fourth amendment was willfully violated
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- Right in the beginning explains it all and even in the interview Lawrence uses the old expression that he was inside his castell. He was not secure, “Unreasonable” search took place, nobody was getting raped or money or was under age!

Blog #4: LGBT equality, sanctioned discrimination, and the criminal justice system due January 14th @ midnight

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Blog #4: LGBT equality, sanctioned discrimination, and the criminal justice system due January 14th @ midnight

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JS 132 Students

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THE BEAUTY

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CREATION

ABOUT US

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