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While the protection of individual liberties is a recurring theme in American law, a tradition of intolerance for sexuality that varies from the perceived norm is deeply imbedded in American culture. At the founding of the United States, every state prohibited sexual intimacy between persons of the same sex.
Fighting for rights in the courts
Today, a small but significant percentage of the population identifies itself as lesbian, gay, or bisexual, and asserts rights of full participation in society. They have initiated numerous lawsuits questioning the constitutionality of sexual discrimination on the basis of personal privacy, equal protection, and freedom of association. They have challenged exclusion from public employment on procedural due process and equal protection grounds. They have asserted rights to equal participation in public life, relying on the freedoms of speech, association, and equal protection. And they have asserted claims to equal protection in family life, including same-sex marriage
