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Historically, the term gay rights has encompassed areas as diverse as free speech, employment, religion, and cultural expression. Proponents of gay rights argue that the ability to inherit property from their partners without paying inheritance taxes, to have legal standing in matters involving a partner's health and legal guardianship, the right to marry, and the right to adopt children are basic civil rights that belong to all individuals, including gays, lesbians, and transgender individuals. Critics of gay rights argue that homosexuality is contrary to human nature, generally from a moral or religious perspective.

Because there are so many interest groups with widely diverging perspectives, there can be no single definition for the term gay rights, but in a broad sense it refers to a movement that supports nondiscrimination against lesbians, gay men, transgender individuals, and other sexual minorities identified by sexual orientation. From a business perspective, such support would include access to equal employment opportunities, provision of domestic partnership benefits, gayinclusive diversity training, the protection of employees against violence and other forms of harassment in the workplace, and nonbiased representations of gays and lesbians in television, newspapers, and all other forms of media. Critics of such corporate policies contend that promotion of a gay or lesbian lifestyle undermines family values. Groups such as Focus on the Family and The Christian Coalition argue that gay rights advocates are seeking special treatment. In response, these groups conduct protests, create picket lines, and boycott products and services to make their opposition known.

Taking a position either for or against gay rights must first assume that all individuals are entitled to rights. From a philosophical point of view, a presupposition to rights can be disputed. Rights theorists have examined this question from a variety of perspectives, taking into consideration the fact that an individual's actions may be governed by self-interest or preservation of a culture or community, or that one might shift the discussion from a matter of rights to one that focuses on responsibilities. If an employee, for example, claims a right to spousal health insurance, does that employee have a corresponding obligation to claim that right for others in the same firm? In addition, one might argue that such benefits are not natural but acquired rights, and as such do not extend to all members of the community. Such arguments have broad implications. Nevertheless, organizations, whether countries or corporations, have created constitutions, laws, policies, and regulations based on the assumption that certain fundamental rights do exist. Whether or not these rights can be extended to specific interests groups such as gays and lesbians is a matter of historical debate.

The Global Perspective

From an international point of view, the response to equal rights for gays and lesbians varies widely; however, the legal problems faced by same-sex partners are similar around the world. One of the earliest movements to petition for gay rights formed in Germany in the 1890s. Magnus Hirschfeld, Max Spohr, and Erick Oberg founded the Wissenschaftlich-Humanitäres Komitee (the Scientific-Humanitarian Committee) in Berlin in 1897. The committee provided assistance for defendants in criminal cases and labored to achieve social recognition of homosexuals. Their major goal was to lead a program to repeal Paragraph 175 in the Imperial Penal Code of the German Constitution that contained a provision against homosexual behavior. Such behavior was considered immoral and many medical professionals concluded that it was a form of mental illness. Although the provision was repealed in 1929, the rise of the Nazi party led to additional antihomosexual measures and the WissenschaftlichHumanitäres Komitee eventually disbanded.

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