Final answer:
Legal measures against discrimination in areas like race, gender, and sexual orientation often faced resistance due to entrenched prejudices, stereotypes, and subtle forms of discrimination that were difficult to legislate against.
The Civil Rights Act of 1964 and subsequent Supreme Court rulings have been major steps forward, yet challenges persist especially for the transgender community and in addressing subtle discrimination.
Step-by-step explanation:
Historically, legal measures aimed at blocking discrimination based on race, religion, gender, age, and sexual orientation were difficult to implement because many people tacitly encouraged the non-compliance or resistance of such measures.
In the United States, despite laws such as the Civil Rights Act of 1964, which prohibited discrimination in employment, discrimination persisted based on deep-rooted prejudices and stereotypes. Implementing these measures faced challenges, like heterosexism and homophobia, which privileged heterosexual orientations over others.
Discrimination against the LGBTQ community was legally sanctioned until recent years with policies like 'don't ask, don't tell,' and it took until the 2015 Supreme Court ruling in Obergefell vs. Hodges and the 2020 Supreme Court decision to formally recognize and protect sexual orientation and gender identity under the Civil Rights Act.
Furthermore, discrimination against stigmatized groups often occurs in subtle forms that are difficult to legislate against, such as selective inhospitality or stereotyping based on misconceptions.
Protection against discrimination in job markets and housing has been established for several groups, but groups like transgender people sometimes lack sufficient legal recourse. Subtle discrimination falls below the radar of the law, making it a challenge for legal systems to adequately address.
It is also important to mention that before the cultural and legal shifts, many forms of behavior, like same-sex acts or wearing clothing deemed inappropriate for one's biological sex, were criminalized, further contributing to systemic discrimination and oppression.
Perceptions and proclamations of deviance were strategically used to oppress and maintain discriminatory practices.