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November 2003, Vol. 12, No. 6 | Return to Table of Contents
A Message from the Equal Employment Opportunity Coordinator
MBL Supports Diversity
On November 18, the Supreme Judicial Court of Massachusetts found that “barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution.” Pointing to the enormous private, property, and social advantages afforded those who choose to marry, the Court ruled that because of their sexual orientation, some individuals were being deprived of these rights by the current Massachusetts statute governing marriage licensing. “It cannot be rational under our laws,” the Court held, “to penalize children by depriving them of State benefits” because of their parents’ sexual orientation. The Court concluded that “the right to marry means little if it does not include the right to marry the person of one’s choice.”
Sexual orientation is described by the American Psychological Association (APA) as “an enduring emotional, romantic, sexual, or affectional attraction to another person,” which fits with the Court’s belief that its decision “does not disturb the fundamental value of marriage in our society…[The fact] that same-sex couples are willing to embrace marriage’s solemn obligations of exclusivity, mutual support, and commitment to one another is a testament to the enduring place of marriage in our laws and in the human spirit.” Sexual orientation can range anywhere from exclusive heterosexuality to exclusive homosexuality and includes various forms of bisexuality. Sexual orientation is different from sexual behavior in that it refers to feelings and perceptions rather than sexual acts.
Many people today question the origins of a person’s sexual orientation. Those who are heterosexual often oppose any sexual orientation other than their own, for personal or religious reasons, and seek to find an explanation to justify their attitudes (often referred to as homophobic). This is considered heterosexism (or sexual prejudice) and is as discriminating as racism and sexism. In an institution where diversity is supported, there is no place for heterosexism.
The APA reports that sexual orientation is not a choice. It is the result of a combination of biological, environmental, and cognitive factors. In most people it is shaped in early adolescence even before any sexual experience, and there is some evidence that genetic and hormonal factors play a role. What is important to realize is that there are as many different reasons for a person’s sexual orientation as there are different people.
People do not make a conscious choice to be gay (the term used for both male and female homosexuals), lesbian (used for only female homosexuals), bisexual (used for those sexually oriented to both their own sex and the opposite sex), or straight (used for heterosexuals). Studies conducted by the APA that compare groups of children raised by heterosexual and homosexual parents find no differences in the children’s intelligence, psychological/social adjustment, and popularity with friends, nor any relationship between the children’s sexual orientation and that of their parents.
Unfortunately, prejudices still exist, and gay, lesbian, and bisexual people are at a greater risk for physical assault and violence than are heterosexual people. For that reason, Congress is considering the Employment Non-Discrimination Act (ENDA) that would prohibit discrimination in hiring, firing, promotions, compensation, and other employment practices because of a person’s sexual orientation. Until this law is passed, educating people about sexual orientation is the best way to help people overcome negative attitudes towards homosexuals and diminish sexual prejudice.
References:
http://www.state.ma.us/courts/courtsandjudges/courts/supremejudicialcourt
http://www.aflcio.org/yourjobeconomy/rights/rightsatwork/disc_sexorient.cfm
http://www.apa.org/pubinfo/answers.html
—Jane MacNeil, eeo@mbl.edu
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