The Stonewall Riots of 1969 are often regarded as the birth of the modern LGBTQ+ rights movement and Martin Duberman’s ‘Stonewall: The Riots That Sparked the Gay Revolution’ is an account that introduces the social, political, and legal consequences of these riots. Historically, the legal system has heavily repressed LGBTQ+ individuals, with this repression being particularly severe before the Stonewall Riots in New York City. Anti-sodomy laws, (which are laws that define certain sexual acts as a crime), were enforced in nearly every state - criminalizing the existence of gay and lesbian identities. Law enforcement’s use of entrapment, where undercover officers would lure men into making sexual advances only to arrest them were common. These practices were supported by a legal framework that offered no protections against LGBTQ+ individuals who were systematically ostracised, both socially and legally. Whilst significant progress has been made since then, legal and social challenges continue to affect the community.
In the 1960s, police raids on gay bars were common, but the situation at the Stonewall Inn, a gay bar, quickly spiralled out of control, leading to a crowd that was stirred up to riot. The tensions between the New York City police and the gay community in Greenwich Village boiled over into further protests on the following night and continued for several nights after. Within weeks, residents of the Village mobilized into activist groups, focusing their efforts on creating spaces in which gays and lesbians could openly express their sexual orientation without the fear of arrest.
The Stonewall Riots: A Legal Catalyst
While the Stonewall Riots themselves did not immediately result in legal reforms, they served as a catalyst for the LGBTQ+ rights movement, leading to profound legal consequences. The immediate aftermath saw the rise of LGBTQ+ advocacy groups like the Gay Liberation Front and the Gay Activists Alliance, which were important in pushing for legal changes. These organisations were not just fighting for social acceptance but also working to dismantle the legal barriers that upheld discrimination.
In his book, Duberman details how these groups shifted the focus of LGBTQ+ activism from mere survival to legal and political advocacy. The strategic efforts that followed, including challenges to anti-sodomy laws and the push for anti-discrimination rules. A key theme in Duberman’s book is the intersectionality within the LGBTQ+ community, particularly the involvement of drag queens, transgender individuals, and people of colour in the Stonewall Riots. These groups faced heightened forms of legal discrimination—not only for their sexual orientation but also for their gender identity, race, and class.
Duberman’s narrative reveals how these identities influenced the legal strategies of the LGBTQ+ movement. For instance, the fight for transgender rights, which has gained significant legal traction in recent years, finds its roots in the activism of transgender individuals at Stonewall. Legal cases like Obergefell v. Hodges (2015), which legalized same-sex marriage, and Bostock v. Clayton County (2020), which extended federal workplace protections to LGBTQ+ individuals by prohibiting employment discrimination based on sexual orientation and gender identity, reflect the ongoing legal battle that began with the diverse activists who stood up at Stonewall.
In Obergefell v. Hodges, the Supreme Court held that same-sex marriage is a constitutional right under the Fourteenth Amendment. The case established several challenges to state bans on same-sex marriage and was argued before the Court in 2015. Written by Justice Anthony Kennedy – the Court acknowledged the significance of marriage in upholding personal dignity and equality. The ruling effectively invalidated state laws that prohibited same-sex marriage, ensuring that same-sex couples had the same legal recognition and benefits as opposite-sex couples. This decision not only highlights the progress made since Stonewall but also symbolises a gradual move towards greater acceptance and integration of LGBTQ+ individuals within society.
The gradual repeal of anti-sodomy laws – as seen in the landmark Supreme Court decision in Lawrence v. Texas (2003) which struck down sodomy laws nationwide, can be traced back to the activism that was incited by Stonewall. Similarly, the ongoing fight for transgender rights, including battles over bathroom access and healthcare, are part of the legal struggle that began with the riots.
In Lawrence v. Texas, the Supreme Court addressed the constitutionality of anti-sodomy laws that criminalised consensual same-sex sexual conduct. The case arose from a police raid on a private residence in Houston, Texas, where two men were arrested under Texas's anti-sodomy act. Challenging the law, the claimants argued that it violated their right to privacy and equal protection under the Constitution. In a 6-3 decision written by Justice Anthony Kennedy, the Supreme Court struck down the Texas law that criminalized consensual sexual acts between same-sex adults, marking a significant victory for LGBTQ+ rights in the 2003 case of Lawrence v. Texas. The Court’s decision was grounded in the right to privacy and personal liberty – highlighting that the government could not intrude into the private lives of individuals in this manner.
The Takeaway
The Stonewall Riots marked the beginning of a transformative era for LGBTQ+ rights, enabling legal and societal changes. Prior to Stonewall, LGBTQ+ individuals faced a legal system that actively criminalised their identities through anti-sodomy laws and provided no protections against discrimination. The riots were a turning point that catalysed the formation of advocacy groups and ignited a broader movement for equality. The legal landscape that followed reflects the ongoing impact of Stonewall, with landmark rulings such as Lawrence v. Texas (2003) and Obergefell v. Hodges (2015) highlighting the shift from marginalisation of these groups to recognition.
Lawrence v. Texas struck down anti-sodomy laws across the United States, decriminalising consensual same-sex sexual conduct and affirming the right to privacy. This ruling marked a crucial step towards legal equality, overturning decades of discriminatory laws. Obergefell v. Hodges, on the other hand, established same-sex marriage as a constitutional right under the Fourteenth Amendment, ensuring that same-sex couples receive the same legal recognition and benefits as opposite-sex couples. These decisions reflect the broader legal and social transformation initiated by the Stonewall Riots.
The expansion of LGBTQ+ rights has not been limited to these landmark cases. The activism sparked by Stonewall also laid the groundwork for ongoing efforts to secure protection for the community in more modern times. For example, Bostock v. Clayton County (2020) extended federal workplace protections to LGBTQ+ individuals by interpreting Title VII of the Civil Rights Act to include discrimination based on sexual orientation and gender identity. This case highlights the influence of Stonewall-era activism in challenging discriminatory practices and advocating for broader inclusion. Moreover, the focus on intersectionality within the LGBTQ+ movement, as highlighted by Duberman, has been instrumental in addressing the challenges faced by marginalised subgroups, including transgender individuals and people of colour. Their contributions have been vital in shaping the legal strategies and advocacy efforts that continue to drive the LGBTQ+ movement forward.
Martin Duberman’s Stonewall: The Riots That Sparked the Gay Revolution provides an important historical lens through which we can understand the origins and impacts of the LGBTQ+ rights movement. The Stonewall Riots were not just a catalyst for change but a symbol of the resilience and activism that would define the struggle for LGBTQ+ equality. The legal victories that followed, including the decriminalization of same-sex conduct and the legalization of same-sex marriage, reflect a significant shift from repression to one of increasing acceptance. However, the ongoing legal battles and advocacy efforts demonstrate that the journey towards full equality is ongoing. The Stonewall Riots remain a powerful reminder of the progress achieved through collective action and the continued need to address the evolving challenges faced by the LGBTQ+ community.
Support
Our organisation, Pride Beats Prejudice (PBP), plays a vital role in this fight. We are committed to helping LGTBQ+ individuals understand their rights. We offer legal support, advocacy, and resources to ensure that LGBTQ+ individuals facing discrimination receive the protection and justice they deserve. If you need support, you can easily book a consultation through our PBP webpage. Simply click on the 'book' button to schedule an appointment with one of our dedicated team members when we reopen bookings in September.
For any general enquiries please email: contact@pridebeatsprejudice.com.
For those affected by these changes, here are some useful links for support and additional information:
- TransActual UK (https://www.transactual.org.uk/)
- Stonewall UK (https://www.stonewall.org.uk/)
- Mermaids UK (https://mermaidsuk.org.uk/)
- Good Law Project (https://www.goodlawproject.org/)
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