Political Science
Textbooks
Boundless Political Science
Civil Liberties
The Right to Privacy
Political Science Textbooks Boundless Political Science Civil Liberties The Right to Privacy
Political Science Textbooks Boundless Political Science Civil Liberties
Political Science Textbooks Boundless Political Science
Political Science Textbooks
Political Science
Concept Version 7
Created by Boundless

Privacy Rights and Sexuality

Rights to sexuality allow people in the United States to express sexual orientation without discrimination.

Learning Objective

  • Identify the legal cases and national legislation that protects people on the grounds of sexual orientation


Key Points

    • The right to sexuality, and to freedom from discrimination on the grounds of sexual orientation, is based on the universality of human rights belonging to every person by virtue of being human.
    • Same-sex sexual acts between consenting adults of the same sex (depending on the age of consent in each state, varying from age 16 to 21), and adolescents of a close age, have been legal nationwide in the U.S. since 2003, pursuant to the U.S. Supreme Court ruling in Lawrence v. Texas.
    • Hate crimes based on sexual orientation or gender identity are punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009.

Term

  • sexual orientation

    It describes an enduring pattern of attraction—emotional, romantic, sexual, or some combination of these—to the opposite sex, the same sex, or both sexes, and the genders that accompany them.


Example

    • Family and anti-discrimination laws vary by state. States had different laws on the legalization of same-sex marriage until the Supreme Court  5-4 ruling in 2015. In Obergefell v. Hodges, the court said a fundamental right to marry is guaranteed by the Equal Protection Clause of the 14th Amendment, therefore the laws banning such marriages in 14 states were unconstitutional.

Full Text

Background

The right to sexuality incorporates the right to express one's sexuality, and to be free from discrimination on the grounds of sexual orientation. It specifically refers to the protection of the rights of people of diverse sexual orientations, including lesbian, gay, bisexual and transgender (LGBT) people (although it is equally applicable to heterosexuality). The right to sexuality, and to freedom from discrimination on the grounds of sexual orientation, is based on the universality of human rights belonging to every person by virtue of being human.

Transgender Symbol

From the female and male symbols. Intersexual or transgender.

The right to sexuality does not exist explicitly in international human rights law; rather, it is found in a number of international human rights instruments including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

LGBT Rights in the United States

Lesbian, gay, bisexual, and transgender rights in the United States have evolved over time and vary on a state-by-state basis. Sexual acts between consenting adults of the same sex (depending on the age of consent in each state, varying from age 16 to 21), and adolescents of a close age, have been legal nationwide in the U.S. since 2003, pursuant to the U.S. Supreme Court ruling in Lawrence v. Texas.

Twenty-one states plus Washington, D.C. outlaw discrimination based on sexual orientation, and sixteen states plus Washington, D.C. outlaw discrimination based on gender identity or expression. Hate crimes based on sexual orientation or gender identity are also punishable by federal law under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009.

Adoption policies in regard to LGBT parents also varied greatly from state to state, but since March 2016, a federal judge in Mississippi overturned the last remaining state law that prohibited such adoptions.

[ edit ]
Edit this content
Prev Concept
Privacy Rights and the Right to Die
The Rights of the Accused
Next Concept
Subjects
  • Accounting
  • Algebra
  • Art History
  • Biology
  • Business
  • Calculus
  • Chemistry
  • Communications
  • Economics
  • Finance
  • Management
  • Marketing
  • Microbiology
  • Physics
  • Physiology
  • Political Science
  • Psychology
  • Sociology
  • Statistics
  • U.S. History
  • World History
  • Writing

Except where noted, content and user contributions on this site are licensed under CC BY-SA 4.0 with attribution required.