10 INTRODUCTION Homosexuality has existed since ancient times~ A majority of societies that have been

studied condoned or even encouraged homosexual behavior, at' least for some segments of the population.
In England~ during the Middle Ages, homosexual acts were defined as 9V sodomy,V8 deserving of severe secular and
ecclesiastical penalties meted out through torture~ death or castration By 1553 English courts assumed jurisdiction
over the vice of buggery and upon conviction~ the accused was put to death Anal intercourse remained punishable
by death until 1861~ when the maximum penalty was changed to life imprisonment.

This is possible because the Immigration and Nationality Act excludes aliens afflicted with "psychopathic
persona1ityil from the United States as well as making them ineligible to receive visa The fact that Congress saw
homosexuals as psychopathic personalities was established in Boutilier v. INS, 87 ScCto 1563 (1967)

Civilian Much of the case law related to discriminatory treatment of homosexuals by employers concerns federal
government job so Federal Civil Service regulations barring homosexuals from government positions were a product
of the McCarthy era when the government determined that a known homosexual in the Civil Service would be
repugnant to the populace and might destroy confidenc~o,,13 Until 1969~ the courts consistently supported the
governments exclusion of homosexuals as necessary to promote agency efficient Then~ the Court of Appeals for the
District of Columbia imposed severe limits on this policy~ holding that it was overly broad and a denial of due process
In Norton v. Macy~ 417 Fo 2d 1161 (DoCo Ciro 1969)~

HUMAN RIGHTS

 Discriminated against in education, employment, health care Targeted for physical attacks
and extreme violence—beaten, sexually assaulted, tortured and killed More on LGBTI
persons, discriminations they face, and obligations of States to protect and promote their
human rights (United Nation Human Rights)

“It shall be the policy of the United States to pursue an end to violence and discrimination on

the basis of sexual orientation, gender identity or expression, or sex characteristics, and to

lead by the power of our example in the cause of advancing the human rights of LGBTQI+

persons around the world.”  

PRESIDENT JOSEPH R. BIDEN JR. 

On February 4, 2021, President Joseph R. Biden Jr. issued the Presidential Memorandum on Advancing the
Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) Persons Around
the World. Building on the Memorandum issued by President Obama in 2011, it directs executive
departments and agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and
protect the human rights of LGBTQI+ persons around the world.

By Elizabeth Kuhr

A Michigan mother is accusing her local school district in a lawsuit of not protecting her 15-year-
old son from months of anti-gay bullying and abuse from his classmates.
“Throughout his high school career, ZB has been subjected to severe and pervasive harassment
based upon his sexual orientation and his sex,” the lawsuit, filed in March, states. “As a direct
result of the severe harassment, ZB became socially withdrawn, became frightened of the school
environment, suffered academically and fell into a deep depression.”

Nearly 240 anti-LGBTQ bills filed in 2022 so far, most of them targeting trans people
- The slate of legislation includes measures that would restrict LGBTQ issues in school curriculums,
permit religious exemptions to discriminate against LGBTQ people and limit trans people’s ability to
play sports, use bathrooms that correspond with their gender identity and receive gender-affirming
health care
- “The authors of these bills and the dark money groups pushing for them do not want it to be possible
to be a trans kid in this country,” said Gillian Branstetter, a longtime trans advocate and the press
secretary for women’s advocacy group the National Women’s Law Center. “They’re responding to
trans kids as if they were responding to a contagion.”
- Anti-trans legislation — specifically, measures that would block trans students from competing on
school sports teams that align with their gender identity — have been among the most successful of
the anti-LGBTQ bills filed in recent years. Since the start of 2021, 11 states have written trans sports
bans into law, according to tallies from the ACLU and the Human Rights Campaign, an LGBTQ
advocacy group.

The Homophile Years

In 1950, Harry Hay founded the Mattachine Foundation, one of the nation’s first gay rights group. The Los
Angeles organization coined the term “homophile,” which was considered less clinical and focused on
sexual activity than “homosexual.”
Though it started off small, the foundation, which sought to improve the lives of gay men through discussion
groups and related activities, expanded after founding member Dale Jennings was arrested in 1952 for
solicitation and then later set free due to a deadlocked jury.