Islam in the Scandinavian countries—Denmark, Norway, and Sweden—has a long history. There are evidences of contacts between Scandinavia and the Muslim world at least since the Middle Ages. The presence of Muslims in Scandinavia is however of a later date and more established from the 1950s, when immigrants arrived, mainly due to the needs in the labor markets; they successively established congregations and mosques, as they realized that they were to stay in their new countries. Following this period, Muslim migrants have arrived due to geopolitical factors, such as war, which have increased the number of Muslims and their presence and visibility in public space and public debate, which in turn has affected the media image of Islam and Muslims and influenced research. The research on Islam and Muslims has a long history in Scandinavia as well. With the increase of Muslim inhabitants in Scandinavian countries, scholarly interests have also related more to the present and to the study of their own Muslim populations, as well as case studies related to Islamophobia, media images, Muslims in the school systems and labor market, and specific incidents, such as the cartoon crisis and its aftermath.
Article
Sharyn Graham Davies
The terms LGBT and Islam mentioned together in a sentence rarely evoke positive connotations. Rather, LGBT and Islam are often considered inherently incompatible. While there is little evidence on which an inherent incompatibility can be claimed, persecution of LGBT people across the globe is routinely carried out in the name of Islam. Yet at its heart, Islam can be a powerful force acknowledging sexual and gender diversity. Of all the world’s great religions, Islam is arguably the most sex positive of all.
Three main avenues provide understanding of sexuality and gender in Islam. First is the Qur’an, or the Islamic holy book. Second is hadith, which are the sayings of the Prophet Muhammad. Third are fatwah, which are the rulings of religious leaders. Certainly, most of this literature positions sexuality as properly confined to heterosexual marriage between a gender normative woman and a gender normative man. However, it is often difficult to distill such an imperative from cultural aspects that inflect all readings of religious scripture. In other words, it is often not Islam per se that prohibits same-sex sexuality and gender diversity but rather cultural interpretations of religious aspects. Moreover, it is not uncommon for fatwah to contradict each other, and thus which fatwah are followed comes down to which imam or religious leader espouses it.
A further difficulty with discussing sexuality and gender vis-à-vis Islam, or indeed any religion, is that terms such as sexuality and gender are inherently modern and were developed long after understandings of religion were culturally and politically enshrined. As such, particular understandings of the categories of woman and man within scripture exist in a state where interrogation is not possible. If Muhammad were alive today, he would have linguistic tools available to him to talk about sexuality and gender in a much more nuanced way. To thus discuss LGBT subject positions within Islam, given that Islam was largely developed before words like gender and sexuality were invented, is difficult. Nevertheless, such discussion is warranted and fruitful and shows that while many interpretations of Islam seek to vilify LGBT, many aspects of Islam and its practice are inclusive of sexual and gender diversity.
Article
Gilly Hartal
The decriminalization of sodomy in Israel in 1988 transformed the political opportunity structure and heralded the local gay legal revolution that manifested in legal amendments, social movements, and the emergence of a flourishing, normative LGBT culture. Most activities were based in Tel Aviv with additional, scattered movements in other major Israeli cities. Since 1988, ongoing legal and political work have been taking place, with emphasis on a politics of assimilation.
The Israeli LGBT social movements fit into a general trend of NGO-ization, by which organizations provide social services and endorse a national identity as a part of neoliberal governmentality. Palestinian movements and pro-BDS activists, however, do not participate in this co-option and assimilation process, resulting in deep segmentation of LGBT politics. Through this process, some LGBT social movements participate in and benefit from institutionalized encouragement and approval, while others protest state agenda and politics and work independently, exposing the central role homonationalism plays for Israeli LGBT movements and interest groups.
Israeli homonationalism was induced through a continuous process of mainstreaming that was intensified by violent incidents that had major consequences for LGBT social movements in Israel. This violence broadened the scope of social movements’ activism and influenced public opinion on LGBT issues as well as politicians’ public support of LGBTs. As a result of these incidents, relationships between state authorities, municipalities, community activism, and LGBT social movements in Tel Aviv and Jerusalem have changed dramatically. LGBT social movements in Tel Aviv used the municipal administration and urban space to transform the cultural and symbolic value of LGBT subjectivity, culture, and discourse, securing their dominance within the local arena. This local power, as revealed in the case of gay tourism to Tel Aviv, reshaped the capacity to negotiate with the government, creating an additional lobby for LGBT resources.
Two currents dominating LGBT discourses have considerably influenced Israeli LGBT social movements’ goals, agendas, practices, achievements, and networks: NGO-ization and homonationalism. Specifically, their interlacing with Israeli neoliberalism influenced LGBT movements’ power to motivate change. The analysis of Israeli LGBT social movements traces major milestones, from the early stages in the 1980s to the 21st-century period of homonationalism, but it also challenges homonationalism as an invariable situation. Rather, new challenges galvanize new politics and power structures for LGBT social movements and for their endorsement by municipalities and the national government. The neoliberal perspective reveals that LGBT social movements keep on working, growing, and becoming more institutionalized and normalized. This, however, does not reflect greater power by LGBT social movements but rather the privatization of the state, enabling LGBT social movements to step into niches once under the government’s exclusive responsibility. Therefore, in the 21st century, the value and valuation of LGBT subjects is established not so much by social movements’ work but via economic and urban power, reflecting a “post-homonationalist” mode.
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
Since the 1980s, lesbian, gay, bisexual, transgender, and queer (LGBTQ) social movements worldwide have put significant energy into securing relationship rights. In the 1970s, however, the general sentiment in such movements in the Occident had been anti-marriage and anti-nuclear family. This changed in the 1980s due to three factors: the impact of HIV/AIDS, which emphasized how vulnerable same-sex families are; the rise of families headed by same-sex parents who did not have the same protections as their different-sex counterparts; and globalization, which transferred the ideas about same-sex relationships among movements and created energy and useful policy connections. During the 1990s, a wave of marriage alternatives spread around the world, sometimes extended by legislatures and other times by courts. The rise of alternatives has raised these questions: are they a temporary compromise on the path to marriage equality; are they a replacement for marriage that is free of its historical discriminatory heritage; or are they proposing an additional legal institution alongside marriage?
In the 2000s and since, marriage equality became realistic and more common as two dozen countries gradually extended marriage rights to same-sex couples, initially in Europe and North America, but later also in Australasia, in the entire Americas, and even—in fewer countries—in Asia and Africa. Incrementalism is the generally accepted theory for why progress occurs in some countries and delays in others. However, scholars have criticized the theory as descriptively inaccurate and, normatively, as portraying marriage as the final frontier for LGBTQ equality—thus contributing to that community’s emphasis on marriage equality to the neglect of other possible advocacy avenues. Further, the incrementalistic account should take into consideration that the path toward recognition is not linear and is international as well as national. Supranational courts have played an important role in the progress toward recognizing same-sex relationships; at the same time, the globalization of LGBTQ relationship rights has also resulted in a strong backlash and in regression in some countries.
Article
Uladzislau Belavusau
Since the 1980s, the law of the European Union (EU) has become a substantial transnational source of political empowerment for LGBT actors in Europe. The Rome Treaty (1957), which established the European Economic Community, contained a gender equality clause. In the 1990s, this provision was used to protect employment rights of intersex individuals via litigation schemes based on EU law. Yet the subsequent attempts to push forward a similar legal protection for gay and lesbian equality at the Court of Justice of the European Union (CJEU), based on the EU sex-equality clause, failed. Since then, the position of the LGBT community in EU legislative politics has evolved significantly through two dimensions. First, the Amsterdam Treaty (1997) extended the number of grounds protected against discrimination in EU law, adding sexual orientation, among others, to this palette. The Amsterdam Treaty permitted the EU Council to adopt the Framework Equality Directive 2000/78/EC, an instrument of secondary Union law that has safeguarded minimum standards of protection against homophobia in relation to matters of employment in all member states. This framework EU legislation has been used by LGBT litigants in their fight for equal working opportunities and pension rights at the CJEU. Second, the introduction of EU citizenship by virtue of the Maastricht Treaty (1992) and the respective secondary law (the EU Citizenship Directive 2004/38/EC) have paved the way for status recognition of same-sex spouses in the member states that have not previously recognized same-sex partnership or marriage. The future of LGBT legislative politics and the LGBT community in Europe will largely depend on whether EU law is able to extend protection beyond the current confines of the employment area, broaden its scope to cover social dimensions such as health and education, and fully recognize same-sex marriages and partnerships throughout the EU.
Article
Matthew Waites
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
Joanna Everitt and Manon Tremblay
The representation of LGBTQ individuals has improved substantially in Canada, Mexico, and the United States in the past few decades; however, the numbers holding elected office are still quite small. Several factors have contributed to the level of success of these candidates, including: changes in public opinion toward LGBTQ individuals and LGBTQ candidates in particular, their own levels of political ambition, their alignment with different political parties and the support that they receive from these organizations, media coverage of their candidacies and their policy positions, and finally their support from institutions of civil society such as political action committees or other social movement organizations. It is clear that in all three countries these candidates, when elected, contribute symbolically, through serving as role models to other LGBTQ individuals and increasing levels of acceptance among their non-LGBTQ colleagues. They also promote substantive representation through their support and promotion of policies that address LGBTQ issues and concerns.
Article
Christy Mallory and Brad Sears
LGBT people in the United States continue to experience discrimination because of their sexual orientation and gender identity, despite increasing acceptance of LGBT people and legal recognition of marriage for same-sex couples nationwide. This ongoing discrimination can lead to under- and unemployment, resulting in socioeconomic disparities for LGBT people. In addition, empirical research has linked LGBT health disparities, including disparities in health-related risk factors, to experiences of stigma and discrimination.
Currently, federal statutes in the United States do not prohibit discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations, leaving regulation in this area primarily to state and local governments. This creates a limited and uneven patchwork of protections from discrimination against LGBT people across the country.
Despite public support for LGBT-inclusive non-discrimination laws across the country, in 28 states there are no statewide statutory protections for LGBT people in employment, housing, or public accommodations. To date, only 20 states and the District of Columbia have enacted comprehensive non-discrimination statutes that expressly prohibit discrimination based on both sexual orientation and gender identity in all three of these areas. One additional state has statutes that prohibit sexual orientation discrimination, but not gender identity discrimination, in these areas. One other state prohibits discrimination based on sexual orientation and gender identity in employment and housing, but not in public accommodations.
In states without statutes that prohibit discrimination based on sexual orientation and/or gender identity, there are other policies that afford LGBT people at least some limited protections from discrimination. In some of these states, state executive branch officials have expanded non-discrimination protections for LGBT people under their executive or agency powers. For example, in three states, state government agencies have expanded broad protections from sexual orientation or gender identity discrimination through administrative regulations. And, in 12 states without statutes prohibiting discrimination against LGBT people, governors have issued executive orders that protect state government employees (and sometimes employees of state government contractors) from discrimination based on sexual orientation and gender identity. In addition, local government ordinances provide another source of protection from discrimination; however, these laws are generally unenforceable in court and provide much more limited remedies than statewide non-discrimination statutes.
In recent years, lawmakers have increasingly attempted to limit the reach of state and local non-discrimination laws, which can leave LGBT people vulnerable to discrimination. For example, some states have passed laws allowing religiously motivated discrimination and others have passed laws prohibiting local governments from enacting their own non-discrimination ordinances that are broader than state non-discrimination laws. While most of these bills have not passed, the recent increase in the introduction of these measures suggests that state legislatures will continue to consider rolling back non-discrimination protections for LGBT people in the coming years.
Continued efforts are required at both the state and federal levels to ensure that LGBT people are fully protected from discrimination based on their sexual orientation and gender identity throughout the United States, including federal legislation and statewide bills in over half the states.
Article
Berta Esperanza Hernandez-Truyol
It is impossible to divorce the criminalization of LGBTI conduct from the social, institutional, and extra-legal violence to which individuals within this community are subjected, as laws are a mirror of a society’s values. The foundation for laws that punish non-hetero-normative sexualities and gender expressions are societal constructions of hetero-normativity. Lawmakers codify their generalized views about what roles persons should fulfill or perform based on preconceptions regarding the attributes, behaviors, or characteristics of a person, class, or group.
Non-hetero-normative sexual orientations and gender identities challenge traditional notions of sexuality and gender. Violence is used as a way to control the bodies of those who exhibit non-heteronormative traits and values, as well as a form of social control to reinforce sexual and gender norms. The distinctions countries create in the targeted illegality of “male” and “female” homosexuality demonstrate the conflation of sex, gender identity, and sexual orientation.
Laws that ban expressive conduct and effectively eliminate lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from public discourse have historical roots in Christian and Muslim religious traditions. Whether codified or not, violence against LGBTI individuals is a consequence of deeply embedded gender inequality. Such inequality manifests in social and physical violence that ultimately punishes, controls, and erases LGBTI persons. Although international bodies have reacted against such violence by ratifying legal instruments to protect the LGBTI community, changing social conditions and preconceptions has proven to be the most effective route to protecting LGBTI persons’ human rights.
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
Travis S. K. Kong, Hsiao-wei Kuan, Sky H. L. Lau, and Sara L. Friedman
Although Taiwan, Hong Kong, and China broadly share common social and cultural norms rooted in Confucian values and culturally Chinese family ideals, they have developed distinct political and economic trajectories since 1949 that have created very different possibilities for LGBT movements. Coming from the conservative political, social, and moral milieu of the 1950s through the 1970s, in the 1980s and 1990s, these societies witnessed a blooming of sexually alternative, even queer, cultural productions, commercial venues, and political activism, together with distinctive “gay,” “lesbian,” or tongzhi identities, among other self-identification labels. By the late 20th century, flows of people, ideas, concepts, and relationships had grown increasingly salient for emerging terms of identification and modes of organizing in all three societies. The diverse combinations of democracy, socialism, authoritarianism, and postcolonialism have shaped the content and direction of sexuality-based identities and sexual rights movements in these three societies. How explicitly these communities pursued visibility and claimed sexually specific identities, however, varied significantly both internally and in comparison across the three societies. The shared histories have created significant commonalities across the region; yet the different degrees of physical and societal openness and the extent of access to domestic and foreign interlocutors in these three societies have produced striking differences in LGBT citizens’ ability to claim diverse rights and protections under multifaceted forms of sexual citizenship.
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
Erin Mayo-Adam
There is a growing body of research on law and policy concerning lesbian, gay, bisexual, transgender, and queer (LGBTQ) family law and policy. LGBTQ families have existed for centuries despite laws and policies that criminalize their relational practices. However, the legal landscape has shifted a great deal over the past few decades, in large part due to the increased visibility of LGBTQ kinship networks and new constitutional protections for same-sex marriage. With this said, legal protections for LGBTQ families vary widely by state, especially parental, adoption, and foster care rights. Historically, family law and policy has fallen within the realm of state power, with some important exceptions (e.g., the Supreme Court has recognized a fundamental right to parent for legal parents). For this reason, there are broad protections afforded to LGBTQ kinship networks in some states, especially those with large urban and more liberal populations, and barriers that stand in the way of LGBTQ parental rights in other states that are more conservative or rural. The legalization of marriage equality in Obergefell v. Hodges did standardize some protections for same-sex couples in traditional relationships across the United States. Yet the case also presents new problems both for LGBTQ families that are more heteronormative and those that are not because it fails to recognize a fundamental right to parent for LGBTQ people who create non-biological families and live non-traditional lives.
In addition to these legal and policy changes, social scientists have used both qualitative and quantitative methodologies to shed light on the problems faced by LGBTQ families politically and legally. Researchers have examined how LGBTQ families attempt to protect their ability to parent in family court, how LGBTQ kinship networks identify innovative legal and political strategies aimed at overcoming barriers to legal recognition, and how LGBTQ identity is both constituted and made invisible through family law. Furthermore, scholars have produced a wealth of research refuting the myth that LGBTQ people are inadequate parents since the late 1980s and this research has been used in court cases across the United States to facilitate the legal recognition of LGBTQ families. Despite this research, gaps in both scholarship and legal recognition remain. Scholarship remains startlingly sparse given the legal and political barriers that stand in the way of LGBTQ family recognition, especially for LGBTQ people of color and trans and queer people. In order to address this gap, scholars should devote more resources to research on families that include LGBTQ people of color and trans and queer people, research on non-traditional queer kinship networks, and research on the unique ways that LGBTQ families are responding to political and legal barriers at the local level.
Article
Ryan Thoreson
In recent decades, the efflorescence of lesbian, gay, bisexual, transgender, and intersex (LGBTI) movements has created powerful inroads for sexual rights in many parts of sub-Saharan Africa. While conditions for LGBTI people vary considerably between and within countries, activists across the region are reshaping political, legal, and social understandings of gender and sexuality through their advocacy, both by seizing opportunities and navigating periods of backlash and repression. Over the years, activists have established domestic movements and have expanded their reach to articulate demands in regional and international forums. Their work has challenged the universality of models developed in other parts of the globe and has generated new tactics to respond to religious, familial, and state-sponsored prejudice. At the same time, questions of representativeness, accountability, and strategy have been raised by constituencies and longtime activists alike, inviting critical assessments of movement politics in the region.
Article
Erin Mayo-Adam
Lesbian, gay, bisexual, trans, and queer (LGBTQ) migration is significantly understudied in the field of political science. The discipline has historically siloed the study of minority communities into different subcategories that have very little intellectual crossover. LGBTQ experiences are mostly absent in scholarship on migration, while scholarship on LGBTQ people tends to focus on white lesbian and gay citizens. As a result, there is a gap in political science scholarship when it comes to intersectionally marginalized people like LGBTQ immigrants. However, there is a burgeoning, interdisciplinary field that examines the politics of queer migration and spans a multitude of humanities and social science fields, including ethnic studies, American studies, history, anthropology, and sociology.
Like other humanities and social science fields, political science scholars should engage more directly with the interdisciplinary study of queer migration politics. Queer migration research encompasses overlapping subject areas that include studies on migration and gender and sexuality norms; queer complicities and migration; and queer migration and political movement formation. Scholars who study the politics of queer migration analyze how anti-normative sexualities and gender identities are constituted through migration processes and institutions. Thus, queer migration politics research is a sprawling field with studies that range from critiques that reveal how contemporary queer asylum seekers are marginalized and criminalized by the immigration state apparatus to historical studies that contemplate the formation of anti-normative identities in 19th-century Gold Rush migrations. Political science research can more actively engage in this area of interdisciplinary study by bringing queer migration studies concepts like homonationalism and homonormativity into transnational and comparative politics research, by expanding scholarship on prisons and mass incarceration to include the experiences of queer and trans migrants of color in immigration detention, and by examining how queer complicities are at work in LGBTQ social movement politics.
Article
Thomas J. Billard and Larry Gross
As the primary vector by which society tells itself about itself, popular media transmit ideas of what behavior is acceptable and whose identities are legitimate, thereby perpetuating and, at times, transforming the social order. Thus, media have been key targets of LGBT advocacy and activism and important contributors to the political standing of LGBT people. Of course, media are not a monolith, and different types of media inform different parts of society. Community media have been an important infrastructure through which gays and lesbians and, separately, transgender people formed shared identities and developed collective political consciousness. Political media, such as newspapers, news websites, and network and cable television news broadcasts, inform elites and the mass public alike, making them an important influence on public opinion and political behavior. Entertainment media, such as television and film, cultivate our culture’s shared values and ideas, which infuse into the public’s political beliefs and attitudes.
Generally speaking, the literature on LGBTQ politics and the media is biased toward news and public affairs media over fictional and entertainment media, though both are important influences on LGBTQ citizens’ political engagement, as well as on citizens’ public opinion toward LGBTQ rights and their subsequent political behaviors. In the case of the former, media—particularly LG(BT) community media—have played an important role in facilitating the formation of a shared social and then political identity, as well as fueling the formation of, first, separate gay and lesbian and transgender movements and then a unified LGBTQ movement. Moreover, digital media have enabled new modes of political organizing and exercising sociopolitical influence, making LGBTQ activism more diverse, more intersectional, more pluralistic, and more participatory. In the case of the latter, (news) media representations of LGBTQ individuals initially portrayed them in disparaging and disrespectful ways. Over time, representations in both news and entertainment media have come to portray them in ways that legitimate their identities and their political claims. These representations, in turn, have had profound impacts on public opinion toward LGBTQ rights and citizens’ LGBTQ-relevant voting behavior. Yet, the literature on these representations and their effects overwhelmingly focuses on gays and lesbians at the expense of bisexual and transgender people, and this work is done primarily in U.S. and Anglophone contexts, limiting our understanding of the relationships between LGBTQ politics and the media globally.
Article
Francis Kuriakose and Deepa Kylasam Iyer
The question of LGBT rights was first examined as part of gender and sexuality studies in the 1980s, predominantly in the United States. This was a result of the LGBT movement that had articulated the demand for equal rights and freedom of sexual and gender minorities a decade before. Since then, the examination of LGBT rights has traversed multiple theoretical and methodological approaches and breached many disciplinary frontiers. Initially, gay and lesbian studies (GLS) emerged as an approach to understand the notion of LGBT identity using historical evidence. GLS emphasized the objectives of the LGBT movement in articulating its identity as an issue of minority rights within the ambit of litigation and case law. However, the definition of LGBT identity as a homogeneous and fixed category, and the conceptualization of equality rights as the ultimate project of emancipation, was critiqued on grounds of its normative and assimilationist tendencies. Queer theory emerged in the 1990s as a counter-discourse to GLS, using the individual-centric postmodern technique of deconstruction as the method of analysis. This approach opened up scope for multiple identities within the LGBT community to articulate their positionality, and reclaim the possibilities of sexual liberation that GLS had previously obscured.
Subsequent scholarship has critiqued GLS and queer theory for incomplete theorization and inadequate representation, based on four types of counter-argument. The first argument is that queer theory, with its emphasis on self as an alternative for wider social interaction, concealed constitutive macrostructures such as neoliberal capitalism, as well as the social basis of identity and power relations. The second argument highlights the incomplete theorization of bisexual and transgender identities within the LGBT community. For example, understanding bisexuality involves questioning the universalism of monosexuality and postmodern notions of linear sexuality, and acknowledging the possibility of an integrated axis of gender and sexuality. Theorization of transgender and transsexual rights requires a grounded approach incorporating new variables such as work and violence in the historiography of transgender life. The third critique comes from decolonial scholarship that argues that intersectionality of race, gender, class, caste, and nationality brings out multiple concerns of social justice that have been rendered invisible by existing theory. The fourth critique emerged from family studies and clinical psychology, that used queer theory to ask questions about definitions of all family structures outside the couple norm, including non-reproductive heterosexuality, polyamorous relationships, and non-marital sexual unions. These critiques have allowed new questions to emerge as part of LGBT rights within the existing traditions, and enabled the question of LGBT rights to be considered across new disciplinary fronts. For example, the incorporation of the “queer” variable in hitherto technical disciplines such as economics, finance, and management is a development of the early-21st-century scholarship. In particular, the introduction of LGBT rights in economics to expand human capabilities has policy implications as it widens and mainstreams access of opportunities for LGBT communities through consumption, trade, education, employment, and social benefits, thereby expanding the actualization of LGBT rights.
Article
Susan Gluck Mezey
Discrimination against transgender or gender nonconforming individuals in the workplace affects hiring, firing, promotions, salaries, and benefits. Most states have no laws prohibiting employment discrimination based on gender identity, and, in the absence of federal law, transgender workers have turned to the courts to seek equal rights on the job. Transgender plaintiffs often file suit under Title VII of the 1964 Civil Rights Act, the law prohibiting sex discrimination in employment. The defendants argue that since the statute does not explicitly ban discrimination on the basis of gender identity, Congress did not intend to include transgender or gender nonconforming individuals as members of a class protected by Title VII. The cases revolve around the question of whether the ban on sex discrimination in the law should be narrowly construed to apply to men and women as determined by their biological status or whether it should be broadly construed to prohibit discrimination against individuals because of their gender identity or gender expression.
Prior to 1989, suits brought by transgender plaintiffs were dismissed by judges who agreed with employers that Congress did not intend Title VII to guarantee their employment rights. In Price Waterhouse v. Hopkins (1989), the Supreme Court held that the statute forbids an employer from making a negative employment decision because an employee’s behavior does not conform to stereotypical norms of behavior.
Hopkins set the stage for the next several decades of litigation over the employment rights of transgender employees, and, although the courts were initially reluctant to allow transgender plaintiffs to benefit from Title VII, within a few years, most broadened their interpretation of the law. Over time, the courts adopted two theories: first, the gender nonconformity approach in which discrimination based on sex stereotyping violates Title VII; second, the per se approach in which discrimination on the basis of gender identity is equated with discrimination under Title VII.
In 2012, the Equal Employment Opportunity Commission (EEOC) adopted both theories of Title VII in Macy v. Holder (2012). In 2014, the Justice Department formally committed itself to interpreting Title VII to apply to gender identity. In October 2017, the department shifted its position on Title VII, negating the per se theory of gender identity and emphasizing that the statute only applies to employer actions based on biological differences between men and women.
In addition to Title VII claims, transgender plaintiffs have filed job discrimination actions under the Americans with Disabilities Act (ADA), the law prohibiting discrimination against individuals because of their disabilities. Although the statute explicitly excludes gender identity disorder, two federal district courts have interpreted it to cover transgender persons with disabilities, with a third disagreeing. Tying claims to the ADA has benefits as well as drawbacks.
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Mainline Protestant denominations in the United States have a history of using divestment as an economic form of nonviolent moral activism. While such activism can have a domestic focus, at times church divestment efforts have emphasized foreign policy issues as an extension of church activism in the areas of social justice and moral reform. Churches have used economic activism such as divestment from apartheid South Africa and investment screens to prevent church pension and other funds from being used for products and services—such as alcohol, tobacco and munitions—deemed “immoral” by church bodies. The case of the Israeli-Palestinian conflict illustrates the broader themes and tensions involved in church divestment debates, given the media coverage that has been generated by the topic due to the special relationship between Christians and the holy land and the troubled history of Christianity and anti-Semitism. Some Protestant denominations, particularly those with a history of engagement in Israel/Palestine, have responded to the Palestinians’ call for boycott, divestment, and sanctions (BDS) to advance their freedom and human rights. However, such responses have not been immune from debate and controversy. Some mainline Protestant denominations, including the Presbyterian Church USA (PCUSA), the United Methodist Church, and the Episcopal Church have debated resolutions dealing with church divestment from companies profiting from Israel’s occupation of Palestinian territories. Such resolutions have resulted in pushback from some parties, including efforts to criminalize boycott of Israel.
