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Article

The American Catholic Church has a long history in health care. At the turn of 19th century, Catholic nuns began developing the United States’ first hospital and health care systems, amassing a high level of professionalization and expertise in the field. The bishops also have a well-established record advocating for healthcare, stemming back to 1919 with the Bishops’ Program for Social Reconstruction, which called for affordable and comprehensive care, particularly for the poor and vulnerable. Moving into the latter part of the 20th century, the bishops continued to push for health care reform. However, in the aftermath of Roe v. Wade (1973), the American bishops insisted that any reform or form of universal health care be consistent with the Church’s teaching against abortion, contraception, and euthanasia. The bishops were also adamant that health care policy respect religious liberty and freedom of conscience. In 1993, these concerns caused the bishops to pull their support for the Clinton Administration’s Health Security Act, since the bill covered abortion as a medical and pregnancy-related service. The debate over health care in the 1990s served as a precursor for the United States Conference of Catholic Bishops’ (USCCB) opposition to the Obama Administration’s Affordable Care Act (ACA) and the Department of Health and Human Services’ (HHS) contraception mandate. The ACA also highlighted a divide within the Church on health care among religious leaders. For example, progressive female religious leadership organizations, such as the Leadership Conference of Women Religious (LCWR) and their affiliate NETWORK (a Catholic social justice lobby), took a different position than the bishops and supported the ACA, believing it had enough protections against federally funded abortion. Though some argue this divide lead to institutional scrutiny of the sisters affiliated with the LCWR and NETWORK, both the bishops and the nuns have held common ground on lobbying the government for affordable, comprehensive, and universal health care.

Article

Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.

Article

Coalition governments are observed frequently in parliamentary systems. Approximately 70% of all governments in postwar Europe have been one type of coalition or another. Israel has never been ruled by a single-party government in its history. Recently, majoritarian systems like Britain produced coalitions, taking many by surprise. The prominence of coalitions in parliamentary democracies compels researchers to study them more closely. The Comparative Politics literature investigates, in particular, the dynamics of coalition formation and termination, as well as the domestic policy outputs of coalitions, especially compared to governments ruled by a single party. Coalitions have generated interest on the International Relations front as well. One avenue of research transcends the “political party” as a building block and conceptualizes coalitions as a “decision unit” by focusing on the group of veto players in a regime’s foreign policy apparatus. Another line of scholarship, situated in the “Democratic Peace” framework, looks at coalitions as a domestic-institutional factor to observe their effects on the likelihood of international conflict. Departing from the “Democratic Peace” tradition, more recent research in Foreign Policy Analysis rejuvenates the study of coalitions in international politics. This literature not only encourages theory development by scrutinizing why coalitions behave differently than single-parties in the international arena but also bridges the gap between International Relations and Comparative Politics. Emphasizing the organic relationship between domestic politics and foreign policy, foreign policy researchers dissect coalition governments to highlight the role political parties play on foreign policy formulation and implementation. This literature also illustrates the merits of methodological plurality in studying foreign policy. Using a combination of comparative case studies, process tracing, Qualitative Comparative Analysis (QCA) and regression modeling, it sheds light not only on the broader trends that characterize coalition foreign policy but also on the causal mechanisms and contextual factors which often go unaccounted for in purely statistical analyses. The recent advances in role and image theories in Foreign Policy Analysis are expected to influence the study of coalitions and their foreign policies, offering an interpretivist take alongside this positivist trajectory.

Article

Croatia’s accession to the European Union (EU) meant, in political terms, the recognition of its political and normative-institutional achievements in the establishment of a nation state and the democracy. At the same time, for the vast majority of Croatian citizens EU membership also had a symbolic meaning: a departure from the troubled past and a return to the Western, European cultural circle, which they have always felt they belong to. This feeling is the source for the strong pro-European orientation, which, as state independence was being achieved, and democracy established—as an expression of the strong political will of Croatian citizens for freedom and autonomy—helped achieve those historical and political goals. The EU was perceived as a framework that would enable those goals to be realized, so there was a general political consensus about joining it among all relevant political actors, and the vast majority of Croatian citizens granted their consent. The path to full EU membership was long and arduous, primarily because of the specific conditions that marked the process of establishing a Croatian state and a democratic order. On the one hand, these are endogenous structural and socio-cultural factors: the structure and activity of political actors and the functioning of institutions, which were significantly marked by their authoritarian political and historical legacy. On the other hand, was a war of aggression and a struggle for freedom and independence with long-lasting and difficult social and political consequences. These specific conditions—which none of the other acceding countries had—slowed down the process of democratization and, consequently, hampered the EU accession process. All these reasons are why Croatia had the most comprehensive and longest accession negotiations, including the most extensive body of pre-accession conditions. Although the extent and duration of negotiations, as well as the lack of expected support from the EU (especially during the war) have led to an increase in Euroskepticism and criticism of the EU—and consequently to the low turnout in the referendum for accession—the pro-European orientation remained dominant in Croatia. In general, public support for EU accession in Croatia was based on a set of mutually connected factors: identity-based (cultural affiliation), institutional-political (democracy), and utilitarian (socioeconomic benefits). In the period after joining the EU, due to insufficient preparation, Croatia has relatively slowly used the opportunities (especially economic) provided by EU. Nevertheless, EU membership has accelerated the increase in institutional capacity and better use of European Structural and Investment Funds (ESIF). At the same time, the free movement of people, goods, capital, and services, and the opportunities brought by the open EU market, had a double impact: strengthening the economy due to greater orientation toward the EU market, but also slower economic growth, due to structural problems (the lingering power of the state, and regulations to the economy and the market) and increased emigration of the highly educated younger population (chronic labor-force deficit). Nonetheless, through Croatia’s participation in the EU institutions, the real benefits of full membership are becoming increasingly visible, and the sense of integration in the EU’s social, political, cultural, and economic space is growing stronger. At the same time, EU membership affects further improvement of the normative-institutional framework of Croatia.

Article

Women remain strikingly underrepresented in politics: as of 2020, women hold only 25% of seats in the world’s national legislatures. Studies of women’s descriptive representation can be divided into two broad categories. The first category of scholarship seeks to understand when, why, and how women are elected to political office. Earlier academic work on the descriptive representation of women primarily analyzed social (educational levels, workforce participation rates) and cultural factors to understand women’s descriptive underrepresentation in politics. Institutional factors emerged as a significant area of scholarship, buoyed by the adoption and near immediate success of gender quotas. Scholarship has also centered on political parties and contextual factors (candidate selection and recruitment processes, the effects of crisis). A second category of work examines the effects of women’s descriptive representation on the substantive and symbolic representation of women, and increasingly whether women’s descriptive representation begets more women in office. The scholarship on the relationship between descriptive and substantive representation has found strong evidence that having women in office results in the representation of women’s interests. Establishing how the descriptive representation of women affects citizen attitudes—such as their interest in politics and trust in government institutions—has yielded more mixed results. Nonetheless, the scholarship on the effects of women’s descriptive representation largely confirms that having women in office matters for outcomes related to policy and citizen attitudes. The rich work that has been done to date on women’s descriptive representation could benefit from expanding the definition of the term. Although scholars have relied on a head count of women in positions of power—and notably often just in the national legislature—to assess descriptive representation, a more expansive approach to defining women’s descriptive representation is needed. Researchers ought to consider other ways in which representatives can descriptively represent constituents, for example, by calling attention to their role as women in their parliamentary speeches. Moreover, the study of women’s descriptive representation would benefit from greater attention to women’s descriptive representation at subnational levels; too often, the proportion of women in the national legislature is equated with women’s descriptive representation, leaving out how women can be descriptively represented at other levels of office, in particular, in local positions. Examining within-country variation in women’s officeholding could be particular fruitful in understanding the factors that affect women’s descriptive representation, including the pipelines to higher office. Furthermore, studying differences in descriptive representation for elected versus appointed positions could prove instructive. In addition, more scholarship is needed that takes an intersectional approach to studying both the factors that help or hinder women’s descriptive representation and the ways in which descriptive representation affects substantive and symbolic representation.

Article

While many landmark policies affecting LGBT rights have been determined by legislatures and courts, voters have also often played a more direct role in LGBT politics through direct democracy institutions, such as the initiative and referendum. For example, in 2008 California voters approved Proposition 8, barring same-sex marriage in the state and setting the stage for a key federal court decision in Hollingsworth v. Perry (2013). This followed on the heels of 31 ballot measures to ban same-sex marriage in the previous decade. Direct democracy has also been employed frequently to consider a range of other important issues relevant to the LGBT community, including bans on same-sex couple adoptions, nondiscrimination policies, education policies, and employment benefits. Further, as issues addressing transgender right have emerged on the political landscape, local referendums have addressed public accommodation discrimination, including so-called “bathroom bills,” like the high-profile Houston referendum in 2014. Most of these prominent direct democracy contests have resulted in negative outcomes for the LGBT community, spurring concerns about subjecting the rights of marginalized groups to a popular vote. However, some ballot measures, such as Washington’s 2012 vote to legalize same-sex marriage, have expanded or protected LGBT rights. Yet the effects of direct democracy institutions extend beyond the direct policy outcomes of elections and have been shown to shape the decision-making of elected officials as well. Still, studies of both the direct and indirect effects of direct democracy on LGBT rights reveal mixed results that are contingent upon public attitudes and how the issues are framed. When the public is supportive of LGBT rights and views them through a civil right frame, direct democracy has been used to expand and protect these rights. However, when the public views the LGBT community more negatively and views the issues through a morality or safety lens, LGBT rights are put at risk by direct democracy. As such, direct democracy institutions function as a double-edged sword for the LGBT community, simultaneously offering an opportunity to elevate LGBT rights issues onto the public agenda with a civil rights frame and posing a threat to the community when these issues are viewed in a more hostile manner.

Article

Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum. Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.

Article

On June 26, 2015, the U.S. Supreme Court determined that same-sex couples have the right to marry, and newspapers across the country declared that gay couples could now exercise this right in all 50 states. While the Obergefell decision was an important moment in history and a significant victory for the LGBT movement, it was not an immediate and complete change in policy. Rather, the change emerged slowly over decades from numerous complex interactions among federal, state, and local governmental actors. These same actors continue to influence marriage equality even after the Supreme Court’s historic ruling. A careful consideration of the path of marriage equality demonstrates the importance of federalism in the evolution of policy in the U.S. context. Not only does the extent of federal involvement influence state decision-making, but state policies also respond to the policymaking processes in other states. Examining the progression of marriage rights for same-sex couples also illustrates how variation in state government institutions shape policy outcomes in the U.S. system. For example, aspects of state courts such as judicial capacity influence the nature of state policy responses on the issue of gay marriage. Finally, focusing on marriage equality provides an opportunity to consider how institutions of government and political actors strategically interact to influence the policymaking process. For example, advocacy coalitions make strategic choices to focus on levels and institutions of government that are more responsive to their interests. Overall, same-sex marriage policy and the scholarship that investigates it highlight the complex and sometimes convoluted development that characterizes the policymaking process on many important issues in American politics and society.

Article

Executives in the United States influence politics and policies involving the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. While this is more of a modern phenomenon, presidents and governors actively shape politics that directly influence the community. This allows executives to set the tone of discourse and the eventual result of LGBTQ politics. Most presidents in modern times shaped debate surrounding LGBTQ rights in a positive light, but President Trump’s tone and policies go against recent trends. Executives on every level of government can shape, and have shaped, LGBTQ politics using formal powers, such as executive orders, administrative orders, directives, memorandums, and councils. The various executive documents allow executives to directly set policy through orders or to provide guiding philosophy for how policy should operate. Councils and advisory boards inform executives by providing expertise that executives need to create sound policy. Executives rely on each of the policymaking tools to varying degrees, but all presidents and governors have the ability to use the powers. One often ignored way executives influence policy is by setting the agenda by “going public” to bring the issue to everyday citizens. Executives have shaped many policies that directly affect the LGBTQ community, but three policy areas deserve special focus: the ban on gay and transgender service members in the military, the HIV/AIDS epidemic, and nondiscrimination protections. In each of these cases, multiple executives have stepped in to shape policy and enforcement of regulations. In some cases, this is for the better. For instance, nondiscrimination policies came about in many states using gubernatorial executive orders. In other situations, executive action, or inaction, worked to the detriment of LGBTQ individuals, such as the failure of the Reagan administration to respond to the HIV/AIDS crisis. Executives have influenced policy and implementation of policies since the 1970s. This influence is likely to continue for decades to come, not just with these issues, but in many policy areas that affect the lives of LGBTQ individuals.

Article

Jami K. Taylor, Donald P. Haider-Markel, and Daniel C. Lewis

The LGBT policymaking process in the United States is fragmented and LGBT citizens face different policy contexts depending on which local government and state they reside in. With a lack of national consensus on LGBT rights and the country’s federal political system, which allows states to have substantial policymaking authority, policymakers have created a diverse and decentralized set of policies. Indeed, this governmental system significantly shapes the opportunity structure for the adoption of LGBT inclusive policy. It allows for remarkable LGBT rights advances in some states and localities, but little to no progress in others. States in the Northeast and on the West Coast tend to have more LGBT inclusive policies than those in the South or Midwest. In some instances, localities in states that lack inclusive policies engage in compensatory policymaking to provide added LGBT protections. However, the ability of localities to do this is shaped by state law concerning home rule authority and whether the state legislature has decided to proscribe such action. When trying to advance LGBT rights policy, advocates must venue-shop for favorable policymaking circumstances. Favorable circumstances commonly include institutional control by Democrats or municipalities with greater diversity, higher education levels, and more people engaged in management, business, science, and arts occupations. Opponents to LGBT rights are engaged in venue-shopping as well, but they normally hold the defensive advantage of maintaining the status quo. Both proponents and opponents of LGBT rights have used the court systems of states and the national government to shape LGBT rights related policy.

Article

The European Union (EU) has been characterized as a “gender regime” with its distinctive patterns of gender (in)equalities and path dependencies. Gender equality policies have developed as a genuine policy field over the past decades from a single treaty article to a comprehensive legal and political framework dealing with multiple sources of discrimination. Besides, gender equality policies are frequently linked to other political projects and policy goals. Gender equality is often presented as a foundational value of the EU with reference to the Treaties of Amsterdam and Lisbon. Research has pointed out that it is an important aspect of the foundational myth of the EU. The development of gender equality policies has been characterized by alternations between progress and stagnation. These policies are also met by resistance. However, a general conclusion is that EU institutions have been important catalysts in shaping women’s economic, political, and social equality in Europe and in putting equality rights into effect. Historical, political, and sociological interpretations of the EU’s gender equality policies illustrate these dynamics. Gender equality policies are described in terms of the following phases: the 1970s (associated with women’s civil and economic rights and equal treatment), the 1980s (equal opportunities, positive action), and the 1990s (gender mainstreaming in the whole union and for all policy areas). Since the 2000s, a fourth phase of new policies against multiple discrimination has been developing. These different stages of EU gender policy continue to coexist. When the Treaty of Amsterdam entered into force in 1999, the EU committed to a new approach to work for gender equality through mainstreaming. Gender equality and nondiscrimination became guiding legal principles of the union. The Treaty of Lisbon reflects core vaues of the EU such as democracy, human rights and gender equality. One can approach gender equality policies as situated between concerns for gender equality and multiple discrimination on the one hand and priorities of economy and finance on the other. Critical voices in the literature have pointed out that these priorities have outperformed ideas about gender equality. In the aftermath of the financial crisis, EU austerity policies represent a “critical juncture” that could undo the long-term progress achieved in gender equality in Europe. Besides, gender equality policies suffer from a gap between institutionalization on the one hand and a lack of consistency and full political commitment on the other. In a context of a more permanent crisis scenario in the EU, gender equality policies are undergoing transformations and they are subject to change to the worse. A key point is that dynamic gender relations, multiple discrimination, and women’s various roles in society matter for understanding the EU and European integration. This raises questions about the EU’s role as a driving force for gender equality and against multiple discrimination. What happened to gender equality policies and to gendered effects of other policies as a result of the various crises in the EU?

Article

Jennifer M. Piscopo and Kristin N. Wylie

Women, indigenous peoples, and Afro-descendant populations remain underrepresented in the national legislatures of Spanish- and Portuguese-speaking Latin America. The descriptive (or numeric) representation of marginalized groups in national legislatures matters because legislatures make policy, check the president’s authority, and communicate who has full membership in the body politic. The inclusion of women, indigenous peoples, and Afro-descendants in legislatures sends information about the overall depth and quality of the democratic regime. Most legislatures have become more representative of women, primarily due to affirmative action measures designed to raise descriptive representation. As of October 15, 2019, every Latin American country except Guatemala and Venezuela had a statutory quota law for women candidates, resulting in women holding nearly 30% of seats in the region’s legislatures. However, such gains have not come without costs, including rising violence against women candidates and elected officials. Bolivia, Colombia, Mexico, and Venezuela also use affirmative action to incorporate indigenous peoples into the national legislature, using reserved seats. However, reserved seats typically elect lower proportions of indigenous peoples relative to their population percentage. Afro-descendants face more barriers, as they must largely win legislative elections without the benefit of affirmative action. Afro-descendants remain excluded from formal politics even in Brazil, where the majority of the population self-identifies as black or brown. Indigenous and Afro-descendant women face barriers that emerge from both their gender and their race/ethnicity.

Article

Sonia Palmieri

While women have succeeded in promoting a feminist agenda in some parliaments, the international research shows that this is not always possible, and accordingly, not a realistic expectation for women. Parliaments, like any institution, have specific cultural norms and practices, some of which actively work against the advancement of gender equality. Understanding the conditions under which female—and male—parliamentarians might succeed in promoting gender equality outcomes has become an important avenue for research and development practice. The focus on gender-sensitive parliaments allows for a framework to identify, and encourage the development of, those conditions. There are four key elements of a gender-sensitive parliament. First, it accepts that the responsibility to achieve gender equality, both as a policy outcome and as a process, rests with the parliament as a whole (its male and female members and staff) and with the organizations that drive substantial policy, procedural, and normative development (political parties). Second, a gender-sensitive parliament is guided by institutional policies and legal frameworks, which allow the parliament to monitor its achievements toward gender equality and allow follow-up and review. Third, a gender-sensitive parliament institutionalizes a gender mainstreaming approach through its representational, legislative, and oversight work to ensure that all the parliament’s outputs consider, and counteract, any potential discrimination against women or men, girls or boys. This element requires a reconsideration of the process and structures of the parliament, including the respective roles and capacities of members and parliamentary staff. Fourth, a gender-sensitive parliament constantly strives to eliminate institutional cultures that sanction and perpetuate discriminatory, prejudicial norms and attitudes in the workplace against women members and staff.

Article

Jacob Walden and Yuri M. Zhukov

Legacies of political violence are long-term changes in social behavior and attitudes, which are attributable—at least in part—to historical episodes of political conflict and contention. These legacies can potentially reshape the subsequent political and social order. Their catalysts can range from armed conflict, mass repression, and genocide to oppressive institutions and interpersonal violence. The lasting effects of violence include changes in political participation and preferences, intergroup relations, economic activity and growth, and public health outcomes. Estimating these effects presents a methodological challenge, due to selection, posttreatment bias, and the difficulty of isolating specific mechanisms. These challenges are particularly acute given the long time span inherent in studying historical legacies, where effects may be measured generations or centuries after the precipitating event. Understanding these legacies requires distinguishing between persistence mechanisms, where effects of violence continue within an individual directly exposed to violence through trauma, and the secondary transmission of effects between individuals through family socialization, community and peer influences, institutionalization, and epigenetic and evolutionary changes. Research on this subject remains nascent—across many disciplines—and inconclusive on whether violence fosters mostly negative or positive forms of social and political change.

Article

Interest groups—collective voluntary organizations for which political advocacy is a primary task such as business associations and citizen groups—are key agents engaging with the bureaucracy. While understudied, research on the relations between interest groups and civil servants highlights the importance of the bureaucratic arena. Recent studies present different perspectives on the interactions between these two actors and also highlight the process of issue prioritization, an important aspect of (internal) agenda setting within groups. This is a key process to study as it provides insight into why groups allocate their attention and resources to a specific set of policy issues, and in this way it clarifies how interest groups put representation into practice. Issue prioritization within groups can be conceptualized as being guided by five drivers: internal responsiveness, policy capacities, niche seeking, political opportunity structure, and issue salience. Recent scholarship has highlighted how rather than privileging one driver over another, this process is first and foremost a balancing exercise in which groups take on board various internal and external considerations. Similar processes are at work within bureaucracies. The intersection of prioritization processes of civil servants and interest groups is an important area for future research.

Article

Since Lebanon’s independence in the mid-1940s, its military—the Lebanese Armed Forces (LAF)—has played a pivotal role in the country’s politics. The political role of the LAF in Lebanon might seem surprising since the Lebanese state did not militarize, and its political leaders have continuously managed to keep their military relatively weak and small. Indeed, in this respect Lebanon has been markedly different from its close neighbors (Syria and Israel), but also from several other Middle Eastern states (especially Egypt and Iraq), where the military, which was large and powerful, was continuously involved in politics. Additionally, both Lebanon and the LAF have persistently striven to distance themselves from regional conflicts since 1949, particularly in relation to the Palestinian issue, albeit not always successfully. Still, and despite these ostensibly unfavorable factors for the military’s involvement in politics in Lebanon, the LAF has played an important political role in the state since its independence. This role, which has been marked by elements of continuity and change over the years, included mediation and arbitration between rival political factions (in 1945–1958, 2008, 2011, and 2019); attempts to dominate the political system (in 1958–1970 and 1988–1990); intervention in the Lebanese civil war (in 1975–1976 and 1982–1984); attempts to regain its balancing role in politics (in 1979–1982 and 1984–1988); and facilitating the state’s postwar reconstruction (since 1991). The political role of the military in Lebanon can be explained by several factors. First, the weakness of Lebanon’s political system and its inability to resolve crises between its members. Second, Lebanon’s divided society and its members’ general distrust towards its civilian politicians. Third, the basic characteristics of Lebanon’s military, which, in most periods, enjoyed broad public support that cuts across the lines of community, region, and family, and found appeal among domestic and external audiences, which, in their turn, acquiesced to its political role in the state.

Article

The Commonwealth is the international governmental organization of states that emerged from the British empire, and since 2000 it has emerged as a focus for contestation relating to the regulation of same-sex sexualities, gender diversity, and diverse sex characteristics. Following colonial criminalizations focused on same-sex sexual acts, and later formal decolonizations, there have appeared many national movements for decriminalization and human rights in relation to sexuality and gender. The Commonwealth has emerged as a site of politics for some significant actors claiming human rights in relation to sexual orientation, gender identity and expression, and sex characteristics. This has been led by specific organizations of lesbian, gay, bisexual, and transgender (LGBT) people, increasingly with intersex people and allies, but it is also important to consider this in relation to queer people, understood more broadly here as people in all cultures experiencing forms of sexualities, biological sex and genders outside the social structure of heterosexuality, and its associated sex and gender binaries. A range of forms of activist and non-governmental organization (NGO) engagement have occurred, leading to shifts in Commonwealth civil society and among some state governments. This has required researchers to develop analyses across various scales, from local and national to international and transnational, to interpret institutions and movements. The British Empire criminalized same-sex sexual acts between males, and to a lesser extent between females, across its territories. In certain instances there were also forms of gender regulation, constraining life outside a gender binary. Such criminalization influenced some of those claiming LGBT human rights to engage the Commonwealth. Research shows that a majority of Commonwealth states continue to criminalize some adult consensual same-sex sexual activity. Yet the history of struggles for decriminalization and human rights within states in the Commonwealth has led up to such recent important decriminalizations as in India and Trinidad and Tobago in 2018. LGBT and queer activist engagements of the Commonwealth itself commenced in 2007 when Sexual Minorities Uganda and African allies demanded entry to the Commonwealth People’s Space during a Heads of Government meeting in Kampala. Activism has often focused on the biannual Heads of Government meetings that are accompanied by civil society forums. A particularly significant phenomenon has been the emergence of a “new London-based transnational politics of LGBT human rights,” evident in the creation from 2011 of new NGOs working internationally from the United Kingdom. Among these organizations was the Kaleidoscope Trust, which shaped the subsequent formation of The Commonwealth Equality Network as an international network of NGOs that became formally recognized by the Commonwealth. Significant developments occurred at the London Commonwealth Heads of Government meeting in April 2018; Prime Minister Theresa May expressed “regret” for past imperial criminalizations while announcing funding for Kaleidoscope Trust and other UK-based groups to use in international law reform work. These developments exemplify a wider problematic for both activists and analysts, concerning how LGBT and queer movements should engage in contexts that are still structured by imperial legacies and power relations associated with colonialism, persisting in the present.

Article

Andrew Goodhart and Jami K. Taylor

For most of its history, the U.S. military has maintained a policy of exclusion toward lesbian, gay, bisexual, and transgender (LGBT) people serving in uniform. The justifications for these exclusions have included the view that being homosexual or transgender is a psychological disorder, that it undermines military morale and effectiveness, and a fear that LGBT people would be vulnerable to foreign espionage. Explicit policies banning consensual homosexual sex—and excluding from service those who engage in it—date to the period between World Wars I and II, but de facto efforts at exclusion have existed since the early days of the republic. Regulations governing homosexuals in the military came under pressure in the 1970s and 1980s as societal views toward lesbian, gay, and bisexual (LGB) people changed, and those LGB service members discharged under the policy increasingly challenged their treatment in court. (Public pressure to change regulations governing transgender people in the military arose mostly in the 2000s, though litigation efforts date to the 1970s.) In addition to general shifts in public and legal opinion, the debate over LGB people serving in the U.S. military was affected by the experience of foreign militaries that allow LGB people to serve. United States law began to loosen formal restrictions on LBG people serving in uniform with the passage of “Don’t Ask, Don’t Tell” (DADT) in 1994, but it still required LGB people to serve in secret. Changing public perceptions of LGB people and problems implementing the ban galvanized support for eliminating such restrictions. In 2010, President Obama signed legislation repealing DADT and removing all restrictions on LGB people serving in the military. However, transgender people do not enjoy the same rights. The Trump administration has revised Obama-era rules on transgender service members to enable greater exclusion. The issue is being contested in the courts and appears ripe for further political and legal dispute.

Article

Donald P. Haider-Markel and Abigail Vegter

National, state, and local legislatures develop and debate most of the LGBT-related public policy in U.S. legislatures, which is also where LGBT groups can often best represent the interests of their community, even if the outcomes are not always ideal. Most of the progress on legislation that expands protections for LGBT people has occurred when advocates can garner at least some bipartisan support, and some issues, such as HIV/AIDS, have attracted significantly more bipartisan support. Although Democratic legislators have tended to be more supportive than Republican legislators, legislator behavior is influenced by a variety of forces, including constituency opinion, interest groups and lobbyists, and religious traditions, as well as personal and family experience.

Article

Political regulation of ethnicity has been a core dimension of state-building in Africa, and a set of different macro-political strategies was applied in African postcolonial states to deal with ethnic heterogeneity. One set of strategies consisted in attempts to completely eliminate political manifestations of ethnicity, violently through genocide (Rwanda, 1994) or mass expulsions of ethnic minorities (Uganda, 1973), consensually through secession of autonomous provinces (Eritrea, 1993; South Sudan, 2005), through legal instruments that ban the political expression of ethnic identity such as party bans, or via coercive variants of assimilation (Rwanda, 2001). An opposing option promoted the formal recognition of ethnicity through consociationalism (Burundi, 2005), ethnic federalism (Ethiopia, 1995), ethnic minority rights (Mauritius), or hegemonic control (apartheid South Africa). Many African countries have instead opted for an informal accommodation of ethnic identity in politics, which combines the pursuit of civic nationalism and ethnic party bans with a de facto recognition of ethnic group rights through informal power-sharing, centripetal institutions, or variants of federalism which shift resources and competencies to subnational levels. The choice of strategies is, however, constrained by how interethnic relations have been shaped in the process of postcolonial state-building. Both strategies of elimination and of formal recognition are applied in ranked societies where one racial or ethnic group managed to take control of the state and in which class corresponded with ethnic affiliation. South Africa, which also belonged to this group, seems to be the only country where a liberal model of civic nation is pursued along with a strong recognition of the country’s diversity in the political and constitutional architecture.