Exploring the Efficacy of Legal and Ethical Measures in Combating Hate Speech Targeting the LGBTQ+ Community

Hate speech is when anyone utilises a form of expression that drives discrimination, hatred, or violence towards individuals or groups depending on their race, ethnicity, religion, gender, sexual orientation or other characteristics (Waldron, 2012).  This study analyses the influence of homophobic speech on the LGBTQ+ community, characterised by people who in the past suffered due to their sexual orientation and gender identity, abuses, offensive treatment, and sufferance at the hands of homophobes.

The central argument of this research is that homophobic/transphobic speech toward the LGBTQ+ community is psychologically harmful, silences them and makes them smaller, thus causing emotional turmoil in the community. Contact with hate speech leads to rising levels of anxiety, depression and self-cutting among the LGBTQ+ group but, at the same time, reaffirms such feelings as shame, seclusion and self-pity. Besides, hate speech might also end up in LGBTQ+ people remaining visible, which is a drawback of taking a firm identity position.

Background on the Targeted Group

LGBTQ+, not for nothing, is a combination of words including lesbian, gay, bisexual, transgender, queer or other people who do not think that they fit into the norms of gender and sexual identities. The Jews are one example of this group in history that has been widespread discrimination, persecution, and marginalisation because of societal prejudices and lack of knowledge (Drescher, 2015).

Previously, same-sex unions and gender diversities have been well-noted in many different cultures and civilisations. Nevertheless, the momentum for a formal LGBTQ+ rights movement started in the last part of the 20th century. The highlights included the Stonewall Riots of 1969, which ignited the movement for visibility and activism (Faderman, 2015). While there has been a mind-blowing achievement in LGBT rights and attitudes, LGBT people are still encountering difficulties like legal discrimination, violence and societal stigma in some countries.

According to a report by the Williams Institute at UCLA, the total percentage of the U.S. adult population is around 4.5%, which is point-five out of one hundred (Gates, 2017). This society is multicultural and composed of people allied by race, ethnicity, class and culture.

Even with the many struggles of this group, it has been possible for the LGBTQ+ community to make significant and valuable contributions to the community, especially in the arts, sciences, politics, and social movements. More importantly, the lives of the critical contributions made by Alan Turing, Audre Lorde, Harvey Milk, and Marsha P. Johnson have helped us to gain ground in the pursuit of equality and freedom (Bronski, 2011).

It is vital to recognise and disavow the unfavourable stereotypes and prejudices that have been the centre of the LGBTQ+ community all through history. Erroneous conclusions like “They must be insane”, “they are overly sexual”, or “They cannot stay married for longer than a year” have also been made (Herek, 2007). On the other hand, accepting this community’s diversity is much more significant, but treating the individuals as part of a community with respect, dignity, and understanding is paramount.

Psychological Impacts of Hate Speech

Being exposed to hate speech is one of the worst psychological impacts of LGBTQ+ persons. The schools of thought proved time and again that hate speech was associated with adverse mental health effects such as anxiety, depression, and low self-esteem (Leets, 2002).

The psychological impact of hate speech on the person targeted is the repetitiveness of the stigma and shame they may have internalised. Each time they receive hurtful words and misguided stereotypes that paint them in a negative light, their self-image could be damaged, thus sparking feelings of self-hatred, guilt, or a lack of self-worth (Herek et al., 2009). Persons experience nowadays self-deprecation and internalised stigma, which can result in depression, anxiety levels and even suicidal thoughts (Newcomb & Mustanski, 2010).

Moreover, when hate speech is directed solely towards members of vulnerable groups, it becomes personal and direct, and it can have significant consequences on the identity and sense of belonging of these people. Through the process of defaming and debunking, hate speech can make LGBTQ+ people almost not have an identity because these communities locate them inappropriately and make them feel unwelcome and unsafe (Gelber & McNamara, 2016). It consequently leads to a situation where one must be very cautious in revealing one’s identity, which can eventually hinder social bonding and integration into a meaningful support network.

Another implication is the link between hate speech and the change of an individual’s attitude, thus reflecting the hate speech’s propagation and the cycle of prejudice and discrimination. Receiving constant negative messages about themselves being queer, minorities may learn to believe these messages, causing them to become self-fulfilling prophecies. Furthermore, these acts might reinforce the already harmful stereotypes (Leets, 2002).

The importance of this discourse cannot be overstated, especially with the experts, psychologists, and researchers in psychology investigating, in great detail, the psychological harms that are caused by hate speech directed towards the LGBTQ+ community in particular. Professor Gregory M. Herek, one of the top researchers of LGBTQ+ psychology, demonstrated a long list of adverse psychological and well-being consequences caused by stigma and discrimination against LGBTQ+ people (Herek, 2007).

Social/Communal Impacts

The online hate speech against the LGBTQ+ can go way too far than just social media, seriously affecting the cohesion, confession and harmony of the communities of this population and the very relationship between the two communities.

Within the LGBTQ+ community, hate speech can create an environment which breeds fear that people bring as well as increased distrust, where, as a result, social cohesion and support networks are destroyed (Gelber & McNamara, 2016). People may become suspicious of others in their neighbourhood after facing disparaging words and derogatory labels. They have less trust in many neighbours for fear of rejection or unjust treatment. This might cause what I define as a sort of isolation of this community when its members turn away from places such as LGBTQ+ spaces and events, causing the communities to become even more fragmented.

Consequently, hate speech can not only enhance the existing clefts in the LGBTQ+ community. Still, it can also separate the people who identify as differently as possible in terms of race, ethnicity or socioeconomic status. For instance, as regards the discrimination of LGBTQ+ people of colour, hate speech may combine with racist leanings and biases and thereby lead to more direment of marginalised individuals.

The societal impacts of hate speech are more comprehensive than the detriment of the LGBTQ+ community as it causes straining relations with other societies. If hate speech is shown to be acceptable soon, it will be a breeding ground for harmful stereotypes and further give way to the prevailing prejudices against members of the LGBTQ+ community (Leets, 2002). Such a course of events puts LGBTQ+ people at greater risk of being bullied for their sexual orientation and gender identity in a variety of environments – schools, workplaces, and the public in general.

Apart from that, hate speech can reveal its silencing effect on LGBTQ+ individuals so that they are afraid to speak up about their identities and human rights defence, which is (Gelber & McNamara, 2016). The threat of rejection, derision, or physical thrashing can stir the process of self-censorship, standing by many members of the LGBTQ+ community enough to conceal their identity in the lifeless power of public opinion and policy decisions.

It has been found that research evidence of hate speech can enable and embolden behaviours that can lead to physical violence and marginalisation of minorities (Tsesis, 2009). For instance, the Southern Poverty Law Center reports a rise in hate crimes and incidents targeting specific communities happening after the hate speeches or deplorable discourse (SPLC, 2019).

Legal and Ethical Considerations

The problem regarding the hate speech aimed towards homosexuals is characterised by the difficulty in situating the hate speech laws in contrast to the fundamental rights of the freedom of expression. This conflict remains a matter of multiple and different traditions, requiring the states to find their approaches to reflect this diversity.

On the other side of the spectrum, there is an agreement that some types of hate speech may be considered illegal organisations or steer of violence, discrimination or hatred towards the groups of people that are protected by the law covering LGBTQ+ (Tsesis, 2009). This is reflected in the acts of different countries that have taken hate speech laws as their oldest tools for fighting violence and discrimination based on race, religion or other personal attributes.

Nevertheless, that line between which statement can be considered criminal incitement and protected by the freedom of speech can be vague and subject to varying moods. A concern is that the laws might limit freedom of speech and the right to open debate. As a result, there could develop a tendency to censor and impose restraints on the expression of unpopular views, thus putting the speech of minorities and others at risk.

Besides, global online platforms and social media networks add to more and more confusing regulations because they make it easier for hate speech to spread worldwide with one click. Whilst some nations have employed legislation and policies to tackle hatred on the platform by requiring the removal of defined content, others prefer freedom of expression and less government involvement (Gagliandone et al. 2015).

One of the common criticisms about legislative forms of confronting hate speech typically points to the difficulties of implementation, the chance of taking biased steps, and the danger of pushing the hate speech underground instead of its effective banning (Sellars, 2016). Beyond the sanctions, other approaches that address the root cause of hate speech and promote respect and mutual understanding have been proposed, including counter-speech initiatives, educational programs, and an inclusivity ethos.

Countering Hate Speech Ethically

Delivering discrimination-free statements, which replace hate speech aimed at the LGBTQ+ community, calls for a multi-factorial strategy that puts more emphasis on knowledge, dialogue, and inclusive discourse as ethical counterparts to hate and discrimination. Legislation could be mandatory for cases where direct incitement to harm or hurt others occurs. Still, for long-term solutions, we must address the root issues behind hate and discrimination.

Education contributes significantly to overcoming persecution by promoting understanding, empathy and tolerance for different lifestyles. Respectful curriculums where the stories and contributions of LGBTQ+ people are given due credit can help in challenging prejudicial and harmful notions and also preserve tolerance for all people.

Alongside mainstream media outlets, internet firms and social networking sites must play a vital role in containing hate speech. One can build a more discriminating digital community by introducing strict guidelines for content moderation, empowering counter-narratives, and broadcasting various voices.

Eventually, an ethical way of fighting discrimination against hate speech needs to be done comprehensively so that there can be a change of mind, cause of predisposition, and the frameworks of society responsible for discrimination. Education, equal rhetoric, and community-building projects will help us to create a fairer and more everyone-friendly society that values diversity and gives everyone equal rights and dignity – the LGBTQ+ community, among others.

Conclusion

The hurtfulness of homophobic words that target members of the LGBTQ+ community goes far beyond and causes mental injury and deep social divisions and ultimately creates an atmosphere suitable for hate to grow. The fact that LGBTQ+ individuals are put under extremely oppressive bullying and discrimination is a problem, and the mental health and self-worth of the overly affected ones constantly suffer because of this.

Overcoming this challenge requires public ethics to be a collective one on the part of people who should be against hateful speech and the ones who recognise diversity and human rights. It is of utmost importance that we challenge prejudices and stereotypes, encourage people to talk and create an atmosphere where openly LGBTI people can perceive their identity entirely and without any fear.

Preventive measures that support school education programs, community advocacy, and media ethics instructions will go a long way towards removing the barriers of prejudice and intolerance. The power lies with us to solve the problems at the core of prejudice by setting up an inclusive nation which promotes latterzias and disadvantaged communities.

The battle against hate speech is an ongoing battle that must be waged with utmost dedication, considering the crucial role of defending the inherent rights and dignity of all people. Through mutual work, benevolence and an unshakable vision of ethical standards, we can build a world where hate speech is replaced by tolerance, empathy, and absolute respect for the different tastes of life.

References

Bronski, M. (2011). A queer history of the United States. Beacon Press.

Drescher, J. (2015). Out of DSM: Depathologizing homosexuality. Behavioral Sciences, 5(4), 565-575.

Faderman, L. (2015). The gay revolution: The story of the struggle. Simon & Schuster.

Gagliardone, I., Gal, D., Alves, T., & Martinez, G. (2015). Countering online hate speech. UNESCO Publishing.

Gates, G. J. (2017). LGBT data collection among major federal surveys. The Williams Institute, UCLA School of Law.

Gelber, K., & McNamara, L. (2016). Evidencing the harms of hate speech. Social Identities, 22(3), 324-341.

Heinze, E. (2016). Hate speech and democratic citizenship. Oxford University Press.

Herek, G. M. (2007). Confronting sexual stigma and prejudice: Theory and practice. Journal of Social Issues, 63(4), 905-925.

Herek, G. M., Gillis, J. R., & Cogan, J. C. (2009). Internalized stigma among sexual minority adults: Insights from a social psychological perspective. Journal of Counseling Psychology, 56(1), 32-43.

Leets, L. (2002). Experiencing hate speech: Perceptions and responses to anti-Semitism and antigay speech. Journal of Social Issues, 58(2), 341-361.

Newcomb, M. E., & Mustanski, B. (2010). Internalized homophobia and internalizing mental health problems: A meta-analytic review. Clinical Psychology Review, 30(8), 1019-1029.

Sellars, A. (2016). Defining hate speech. Berkman Klein Center Research Publication, 2016(20), 1-18.

Southern Poverty Law Center (SPLC). (2019). The year in hate and extremism 2019.

Tsesis, A. (2009). Destructive messages: How hate speech paves the way for harmful social movements. New York University Press.

Waldron, J. (2012). The harm in hate speech. Harvard University Press.

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