Politics, Law, Judiciary

According to recent U.S. census data, there are over 700,000 same-gender couples, of which 114,00 have children. U.K. census data further revealed over 200,000 same-gender parented families, and there is evidence that these numbers have been increasing in the last few decades. Between the late 1980s and early 1990s, research on the psychosocial well-being of LGB families was established with a focus on the potential impact of parents’ sexual orientation on the psychological adjustment of their children. Interest in LGB families was evidenced by the growing political and public attention, and became a central issue within the LGBT+ movement across the Western world, especially in Europe and the United States. However, attitudes toward LGB family policies have not evolved in a linear fashion insofar as they have accompanied the constant back and forth in LGB family policies and legislation. Negative attitudes toward LGB family policies are rooted in the negative evaluations of LGB individuals based on beliefs that LGB people are less fit as parents or unable to form and sustain healthy relationships because of their sexual or gender identity. However, these negative beliefs differ according to heterosexual individuals’ characteristics. Research has shown that men, older, less educated, non-White, politically conservative, highly religious, and authoritarian, as well as those who believe that homosexuality is controllable, strictly adhere to traditional gender roles and authorities, and do not have frequent or close contact with LGB individuals, hold higher levels of sexual prejudice toward LGB individuals and LGB family policies. As of January 2020, same-gender marriage and parenthood are recognized in around 30 countries worldwide, although some countries recognize some forms of same-gender unions, but not marriage, whereas others recognize the right of LGB individuals to have children but not to marry. LGB family policies have progressed mostly through two different pathways: (a) the judicial pathway, which has involved litigation and court rulings on specific matters related to same-gender relationships and parenthood and which was undertaken in the United States, and (b) the legislative pathway, which has relied on political discussion and policy initiatives and was undertaken in the Iberian Peninsula (Portugal and Spain). The different pathways to equality in LGB family policies have different impacts for LGB individuals. In particular, the constant negative messages regarding same-gender couples as being unable to have healthy relationships have been shown to contribute to chronic minority stress and psychological distress among LGB individuals. By contrast, the legalization of same-gender marriage and parenthood provide important benefits and protections for LGB families in addition to promoting their well-being. Examining the evolution of attitudes and legislation regarding LGB family policies is important to inform further initiatives aimed at correcting inequalities for LGB families.

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.

As of late 2020, the makeup of the U.S. Supreme Court consists of six generally conservative Republican appointees and three generally liberal Democratic appointees, one of the first times such a configuration has occurred in decades. In addition, contentious recent confirmation battles may have fundamentally altered public views about the Supreme Court. When it comes to public opinion about the Supreme Court, understanding the institution’s legitimacy and its relationship with political polarization is critical. Institutional legitimacy is a key currency for political bodies—and courts in particular—even as scholarly conceptions of legitimacy differ from popular commentary on the topic. To understand the nature of public opinion toward the Court in a polarized era, one must distinguish between specific support, a type of short-term satisfaction or approval, and diffuse support, commonly known as institutional legitimacy. Recent developments, including controversial confirmation battles and rulings, suggest that partisan and ideological cleavages may increasingly shape the Court’s legitimacy. Scholarship must continue to grapple with Supreme Court legitimacy in a time of political polarization.