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Article

Brazil’s LGBT Movement and Interest Groups  

Jacob R. Longaker

Brazil has boasted a vibrant and creative LGBT movement since the late 1970s. Early organizing focused on consciousness-raising, the formation of a collective identity, and political opposition to the military dictatorship (1964–1985). These years saw transformations in understandings of individual and collective identity, publications in an early homophile press, and successful experiences organizing in homosexual gay and lesbian groups. In the late 1980s, with the advent of HIV/AIDS and re-democratization, the movement began a turn to institutionalized politics and public policy. Strategic engagement with the state as legally registered civil society organizations established a framework for a routine and cooperative relationship in policy and policymaking. This occurred first for HIV/AIDS service provision and later for LGBT citizenship. By the 1990s, the movement embraced identity politics and grappled with an explosion of advocacy on behalf of identity groups that make up the alphabet soup of LGBT politics, particularly lesbian and transgender rights groups that had been less visible in earlier years. Movement successes, such as same-sex partnership recognition, gender-identity recognitions, and policy programs against violence, have been accomplished primarily through engagement with the judiciary and executive, not the legislature (nor electoral politics). The legislature and electoral politics have failed to produce significant gains in LGBT-friendly policy at the national level; however, state and municipal LGBT-friendly policy exists. Moving forward, persistent challenges include divisive partisan [identity] politics within the movement, concerted opposition from conservative evangelical politicians, and volatility of the national political context. These challenges jeopardize policy successes that the movement has made through rather precarious executive and judicial avenues.

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African Attitudes Toward Same-Sex Relationships, 1982–2018  

Kim Yi Dionne and Boniface Dulani

One significant barrier to sexual minority rights in Africa is the generally negative attitudes ordinary Africans have toward same-sex relationships. Yet since 1998, there has been notable progress in terms of legalizing same-sex relationships on the continent, with Botswana the most recent African country to do so, in 2019. Botswana joins Angola, Cape Verde, Guinea Bissau, Lesotho, Mozambique, São Tomé and Príncipe, Seychelles, and South Africa, among countries that have decriminalized same-sex relationships. Publicly available cross-national survey data measuring citizen’s attitudes toward homosexuality in 41 African countries from 1982 to 2018 shows that, on average, Africans hold negative attitudes toward same-sex relationships, which is consistent with previous reports. However, there is variation in these attitudes, suggesting greater tolerance of sexual minorities among women, people who use the Internet more frequently, and urban residents. One key finding is that homophobia is not universal in Africa. In light of recent policy and legal developments advancing sexual minority rights, and given findings in existing scholarship highlighting the influence politicians have in politicizing homophobia, the literature questioning the generalized notion of a “homophobic Africa” is growing, and there are calls for more research on the factors influencing decriminalization.

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State-Level Public Opinion and Public Policy on LGBT Issues  

Sarah Poggione

Initial research at the state level argued that there was little relationship between citizen preferences and policy. Later work successfully contested this view. First using state demographics or party voting as proxies for state opinion and then later developing measures of state ideology and measures of issue-specific state opinion, scholars found evidence that state policy is responsive to public preferences. However, lesbian, gay, bisexual, and transgender (LGBT) policies are often recognized as distinct from other policy areas like economic, welfare, and regulatory issues. Scholars note that LGBT policies, due to their high saliency and relative simplicity, promote greater public input. Research on LGBT policies demonstrates the effects of both ideology and issue-specific opinion, exploring how the linkage between opinion and policy differs across more and less salient policy areas. This work also examines how political institutions and processes shape democratic responsiveness on LGBT issues. Recent research also considers how LGBT policies shape public opinion. While these strands in the literature are critical to understanding LGBT politics in the United States, they also contribute to the understanding of the quality of democratic governance in the U.S. federal system and the mechanics of the linkage between public opinion and policy.

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Historical Views of Homosexuality: Asia  

Timothy Rich, Andi Dahmer, and Isabel Eliassen

How does Asia compare to other regions in terms of LGBT (lesbian, gay, bisexual, and transgender) rights? While Asia lags behind the West on typical metrics of LGBT rights, this fails to capture the diversity of tolerance historically in the region. At the same time, conservative backlashes to LGBT policies are evident across the region, often invoking traditionalist or religious opposition, as also seen outside of the region. Moreover, much of the literature myopically focuses on one or two countries in Asia, rarely attempting to make broad comparisons across East, South, and Central Asia. Part of this is due to terminology differences, where “homosexual” is commonly used in some countries as a catch-all term for members of the LGBT community, compared to others in the region countries, especially in South Asia, with a longer history of specialized terminology for transgendered people. Yet broader comparisons in the absence of terminology differences remain rare despite growing attention to LGBT issues in public opinion polls, news, and academic work and despite the fact that the legal avenues chosen by LGBT rights proponents often mirror those chosen in the West. State policies on LGBT policies also range considerably in the region, with only Taiwan currently recognizing same-sex marriage at the national level, but with decriminalization and antidiscrimination policies at the national and local levels increasingly common. However, a commonly overlooked trend is that of harsher LGBT policies enacted by local governments. Meanwhile, despite trends in the West of growing public tolerance on LGBT issues, far less consistency emerges in Asia, further complicating state efforts. It is important to highlight Asia’s diversity in terms of rights and tolerance, but it is equally important to integrate evidence from Asia into cross-national research on LGBT issues to understand what is unique about the region and what may have been ignored in other regions.

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Homosexuality and Political Scandal Until 1919  

Anna Clark

Same-sex scandals often had political implications both on a superficial level of political rivalries and the larger level of political ideas. Scandals gain traction when sexual misbehavior becomes a metaphor for larger political misbehavior, for instance, mixing up one’s personal interests with governmental actions. Pre-20th century scandals were different than later ones because the notion of homosexuality as a fixed identity had not emerged. As historians have long shown, in the past same-sex desire was defined in very different ways, and not as a fixed, exclusive sexual orientation. In ancient Greece and Rome, politicians accused enemies of sexually submitting to other men to undercut their claims to citizenship even though it was acceptable for men to sexually dominate male slaves, foreign men, and non-citizen youths. In the early modern period, enemies could accuse politicians, aristocrats, or monarchs of indulging in sex with both men and women. In doing so they undercut the acceptability of a political structure based on dynasties and personal patronage. In the period up to World War I, radicals used same-sex desire not just to challenge individual politicians, but to challenge the militaristic, aristocratic dominance. Same-sex scandals could also justify imperial interventions, or conversely, undercut white pretensions to superiority. By the late 19th century, same-sex scandals also emerged out of larger controversies over police regulation of prostitution. Only at the very end of this period did the sexological notion of the homosexual as a distinct personality emerge as a (minor) factor in political scandals.

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Transgender-Specific Policy: Gender Identity Inclusion in Public Accommodations  

Andrew R. Flores and Justin O'Neill

In the early 21st century the public debates about the inclusion of gender identity in public accommodations municipal ordinances and statewide and national laws represent another step in the ongoing struggle of the social movement seeking to advance the rights and liberties of lesbians, gay men, bisexual, transgender, and other queer (LGBTQ) people. Situating these current debates in the larger context of the LGBTQ movement connects this emergent issue to that broader struggle. The LGBTQ social movement and its counter-movement, often referred to as the Religious Right, have had numerous battles over social policy since the late 20th century. Importantly, movements and their counter-movements identify winning strategies and, at times, tactically innovate so as to effect a shift in current tactics in light of a failing strategy. Tactical innovation includes shifting policy debates, which has been a primary tactic of the counter-movement to LGBTQ rights. Transgender rights broadly and public accommodations policies specifically represent a tactical innovation in the ongoing development of LGBTQ rights in the United States. How has gender identity inclusion in public accommodations been addressed in politics, policy, and law? There are numerous dimensions of gender identity public accommodations policies as understood in social movements, American law, public policy and administration, public opinion, and sociology and social psychology. Public accommodations are a constant source of public contention. The legal landscape in constitutional, federal, state, and municipal approaches to these policies remains uncertain, and there are competing interpretations of law in whether gender identity protections are covered in existing federal statutes. The rhetoric of the policy debates in both state legislatures and initiative and referendum campaigns primarily focuses on the potential harms to women and girls brought about by men taking advantage of such laws to assault them in sex-segregated public facilities. An account of public opinion about these policies also shows that American adults are far more divided about transgender people using restrooms consistent with their current gender identity than other aspects of transgender rights such as employment nondiscrimination policies. Experimental interventions, such as in-depth conversations encouraging people to consider the day in the life of a transgender person, reduce transphobia and make people more resistant to arguments opposed to the inclusion of gender identity in public accommodations laws. Finally, some have questioned whether sex classifications are needed in public policy and how current nondiscrimination laws achieve their stated goals without such a system. Further development and inquiry absolutely are needed in all these areas.

Article

U.S. Military Service and LGBT Policy  

Marissa Reilly, Elizabeth L. Hillman, and Elliot Koltnow

Examining the evolution of U.S military policy reveals how debates about the rights and opportunities of lesbian, gay, bisexual, and transgender (LGBT) people have been shaped by military personnel policies, federal laws, and cultural practices within military units. LGBT individuals have experienced U.S. military service through regulatory regimes that have often defined them as burdensome deviants and denied them civil rights enjoyed by other service members. LGBT people have served as volunteers and conscripts, openly and in the closet. Key periods of U.S. military history for LGBT service include World War II, the Cold War, as well as the Vietnam War era, the “Don’t Ask, Don’t Tell” (DADT) regime (1994–2010), and the post-DADT period (2011 and beyond). During these periods of time, the armed forces and the United States reassessed the regulation of the service of LGBT service members and implemented changes that affected the rights, opportunities, and safety of LGBT military personnel and potential recruits. Those changes traced a path from outright exclusion of open service by LGBT persons to exemption, under which LGBT persons may serve under certain conditions, which often included the threat of expulsion, punishment, and extra-legal violence. In the post-DADT period, inclusion, or open service by some, but not all, LGBT groups, was made legal and safer through changes in law and military regulations and training that protected against some types of gender-identity and sexual orientation discrimination. Because serving openly in the military is a sign of full citizenship in the United States as well as a means of achieving economic security, eliminating limits on LGBT military service has long been a focus of advocates for civil rights. Military service has been perceived as proving a citizen’s loyalty and patriotism as well as offering material and social advancement. With many LGBT people at greater risk of unemployment, homelessness, and premature death as a result of violence and social ostracism, military service has been an especially critical opportunity for political and economic advancement. Honoring this history and identifying existing trends can help the United States, other nations, and international organizations to adapt their policies in recognition of gender and sexual diversity. Even when excluded by formal policy, people have found ways to serve, sometimes at great personal risk. Although their labor is officially lauded as an asset, their contributions and needs have not been fully recognized or appreciated by the state they pledged to serve. As the nation’s largest employer and provider of structural resources, the U.S. military’s support of LGBT military personnel and veterans matters greatly to social equity for a still-vulnerable LGBT population.

Article

Direct Democracy and LGBT Politics  

Daniel C. Lewis

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

Marriage Equality Policy Diffusion  

Helma G. E. de Vries-Jordan

Marriage equality movements have been successful in achieving policy change in an increasing number of states. Hence, a growing body of scholarship has explored institutional and cultural factors that influence activists’ tactics and messaging and, in turn, contribute to marriage equality policy diffusion. Democracies with parliamentary, presidential, and semi-presidential systems, federal and unitary states with varying levels of centralization, and the presence or absence of constitutional anti-discrimination protections provide social movements with divergent political opportunity structures, contributing to dynamics in their tactical choices. In addition, the type of electoral system and party system, the presence of political parties that are movement allies, the use of conscience votes, the level of party discipline, the presence of out LGBT elected officials and straight political allies, and the degree of political will to enact policy change also impact activists’ strategic calculations. Finally, the use of personalized narratives in advocates’ messaging, the framing of marriage equality and LGBT rights as human rights norms, the adoption of family values frames to coopt opponents’ messaging, and the use of homonationalist versus homophobic discourses to justify policymaking decisions regarding same-sex marriage are explored. This article provides a comprehensive review of state-of-the-art research concerning all of the states that have legalized same-sex marriage as well as a detailed analysis of the mechanisms used to achieve policy change. After examining how different explanatory factors perform in accounting for the dynamics in marriage equality activism and policy convergence across a broad range of national contexts, new directions for future scholarship are suggested.

Article

Transgender and Nonbinary Gender Policy in the Public Sector  

Nicole M. Elias

Our understanding and treatment of gender in the United States has evolved significantly over the past four decades. Transgender individuals in the current U.S. context enjoy more rights and protections than they have in the past; yet, room for progress remains. Moving beyond the traditional male–female binary, an unprecedented number of people now identify as transgender and nonbinary. Transgender identities are at the forefront of gender policy, prompting responses from public agencies at the local, state, and federal levels. Because transgender individuals face increased rates of discrimination, violence, and physical and mental health challenges, compared to their cisgender counterparts, new gender policy often affords legal protections as well as identity-affirming practices such as legal name and gender marker changes on government documents. These rights come from legal decisions, legislation, and administrative agency policies. Despite these victories, recent government action targeting the transgender population threatens the progress that has been made. This underscores the importance of comprehensive policies and education about transgender identities to protect the rights of transgender people.

Article

Regulation of Sexuality in the Global South  

Michelle L. Dion

Government regulation of sexuality includes prohibitions on same-sex intimacy, formation of families, and related rights of LGBT+ people due to their sexual orientation or gender identities. Countries in the Global South tend to lag behind those in the Global North in the recognition of LGBT+ rights, which overall tend to expand incrementally over time in response to LGBT+ activism, diffusion of international norms, and national economic, political and social context. Basic civil rights, including legalization of same-sex intimacy and marriage, are often a necessary precondition for LGBT+ access to the political right to organize and mobilize as an interest group as well as other social rights, such as health care and parental rights. In the developing world, Argentina and South Africa have been regional leaders in LGBT+ rights, and Latin America countries have tended to broaden protections earlier than countries at similar levels of development in Sub-Saharan Africa or Asia. Overall, in the early 21st century, the landscape of LGBT+ civil rights changed rapidly, while some political and social rights still lag behind.

Article

Public School Policies: Discrimination, Harassment, Bullying, and Accommodations  

Sean Cahill

Discrimination, harassment, and bullying against lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQ) youth are a major concern. Research shows that such victimization starts early, occurring in elementary schools. Given the central role social media play in the lives of youth, cyberbullying is an increasing concern. Victimization also takes the form of sexual harassment. Anti-LGBTQ victimization can cause youth to distance themselves from the school environment both physically and emotionally, skipping school or dropping out entirely. Fighting back against victimization and other factors, such as family rejection, homelessness, and survival crimes such as shoplifting, can cause LGBTQ youth to become involved with the juvenile justice system at higher rates than their heterosexual and cisgender peers. Research also shows that victimization correlates with greater behavioral health burden, including substance use disparities, suicidal ideation, depression, self-esteem, and social integration. LGBTQ youth are more likely to feel unsafe at school, get in a fight at school, and carry a weapon to school. Victimization also negatively correlates with academic performance, and hopes and aspirations for the future, such as plans to attend college. There is limited research on the disproportionate racial/ethnic impacts of these phenomena. A number of school-based programs and policies, and public policy interventions, have been initiated to ensure equal access to public education for LGBTQ youth. These include teacher and staff training, safe school programs, gay-straight alliances, and LGBT-focused schools. Policy interventions include nondiscrimination laws and regulations at the local and state level, interpretation of federal sex discrimination laws to encompass and prohibit some forms of anti-LGBT discrimination and harassment, and Congressional bills which would outlaw sexual orientation and gender identity discrimination in public schools. Some state and federal laws, such as parental rights provisions and abstinence-only laws, inhibit educators’ and administrators’ ability promote tolerance and acceptance of LGBT youth and promote sexual health and reduce HIV/sexually transmitted infection risk. There are a number of gaps in the research on LGBT-related school policies, including how to engender better parent–child communication about LGBT identity development and sexual health and how to measure sexual behavior in an increasingly nonbinary world.

Article

Executives, Executive Politics, and the LGBTQ Community  

Mitchell Dylan Sellers

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.

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LGBTQ Family Law and Policy in the United States  

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

The Evolution of Same-Sex Marriage Policy in the United States  

Sarah Poggione

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.

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Attitudes toward LGBT Rights: Political Tolerance and Egalitarian Values in the United States  

Andrew R. Flores

Attitudes towards political groups and their rights are often shaped by the core values held by individuals. In reference to LGBT people and their rights, research has often shown that core values play a role in understanding affect towards the group and related policies. Values such as moral traditionalism and egalitarianism have long been understood to be determinants of people’s attitudes toward LGBT rights. LGBT issues are framed relying on competing value frames, which change in their dominance over time. However, core values tend to be stable but American attitudes toward LGBT people and rights have undergone sharp increases in their favorability. One explanation for this change is an increasing political tolerance among the American public. Political tolerance is the degree to which the public supports the civil liberties of members of different social groups, and it is distinct though related to attitudes on LGBT issues of equality (e.g., marriage equality). Political tolerance encompasses attitudes toward the rights for LGBT people to exercise their free speech, political and social organization, and live free from government intrusion. In the US, adults have consistently expressed greater political tolerance for lesbian and gay people than issues of LGBT equality. Political tolerance toward lesbian and gay people has increased since the 1970s, but egalitarian values have remained rather stagnant. The effect of egalitarian values on political tolerance for lesbian and gay people was stronger in earlier years, and as Americans have become more tolerant of lesbian and gay people, the role of egalitarianism in affecting political tolerance has diminished. There are limitations of existing data, especially regarding the political tolerance of bisexuals, transgender people, and others who are generally considered to be within the broader LGBT community.

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Public Policies Toward LGBT People and Rights in Latin America  

José Fernando Serrano-Amaya, Manuel Alejandro Rodríguez Rondón, and Natalia Daza-Niño

In the last 20 years, several countries in Latin America have sought uneven and disparate legal transformations affecting the lives of lesbian, gay, bisexual, and transgender (LGBT) individuals and collectives. These new legal measures have taken place simultaneously, with deepening structures of social, gender, and sexual injustice challenging their view as indicators of progressive change. In this contradictory context, LGBT social policies have emerged as a specialized field of state action because of two parallel trends: the macro political politics affecting the region, and the accumulated experience of gender and sexual social mobilizations in their interactions with the state. There are many variations of this emerging field of social policies because it is shaped by the meaning provided by local actors such as interest groups, activists, and policy makers, and their translation into policy lobbying, policymaking, and policy negotiation. As result of these innovations, gender identity and sexual orientation have nowadays entered into the language of policymaking and policy implementation. These legal measures have opened spaces for social and political participation that were not there before. Nevertheless, LGBT policies are new regimes of governmentality that control the inclusion of gender and sexual social mobilizations into citizenship and democracy.

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Transgender-Specific Politics and Policy in Asia  

Natasha Israt Kabir and Khadiza Tul Qubra Binte Ahsan

Acute discrimination has been witnessed across Asia regardless of individual countries’ specific policies towards transgender people. As individuals, it would be reassuring to believe that Article 1 of the UN Charter, which states that “All human beings are born free and equal in dignity and rights,” would encourage people to ignore gender differences. In different parts of Asia, even where transgender people have been officially recognized, their rights are fragile. Indeed, today activists focus more on women’s rights than on the rights of all sexual minorities, who as a consequence often live in extreme poverty and ill-health. The exclusion of the transgender community in governmental policymaking is another salient reason for their current living conditions. Even though transgender candidates participate in elections in most countries, their representation in parliaments is rare. Furthermore, violence toward the transgender community is such a common scenario that it has become normalized. Victims rarely get support because of legal loopholes and the unwillingness of the law enforcement agencies to help. Transgender and gender diverse people are not only targeted but also discriminated by law through a denial of gender marker change on official documents; the criminalization of the gender and sexual preferences of transgender and gender diverse people; the exploitation of public order, homelessness, and minor offenses; the criminalization of consensual homosexuality and intimacy; and police abuses even in the absence of a specific offense. Regardless of parliamentary legislation and other legal frameworks, policymakers and law enforcement agencies routinely operate outside the law to violate the rights of transgender and sexual minority people. Among the abuses reported by transgender persons are blackmail, extortion, public humiliation, and physical and sexual violence. If policies to socially integrate transgender and gender diverse peoples are not implemented, the state of the transgender community in Asia will not improve.

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LGBT Politics and the Legislative Process  

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.

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HIV/AIDS Politics and Policy in Sub-Saharan Africa  

Catherine van de Ruit

Sub-Saharan Africa has the world largest proportion of adults and children living with AIDS. To mitigate the multiple consequences of the epidemic, novel forms of governance arose as international organizations usurped the roles traditionally played by states; new funding streams emerged that led to asymmetries in biomedical resource allocation; and diverse partnerships among international agencies, nation-states, and local and international nongovernmental organizations emerged. Global health actors attempted to define AIDS policy and programming as an apolitical biomedical intervention. However, political dynamics were evident in the negotiations between international donors and African state bureaucracies in setting AIDS policy agendas and the contestations between African and international social movements and global health agencies over AIDS treatment drug prices and access to treatment interventions across the continent. During the first two decades of the African AIDS epidemic (1980–2005) the dominant approach to AIDS disease mitigation was the focus on AIDS prevention, and across sub-Saharan Africa standardized prevention interventions were introduced. These interventions were founded upon limited evidence and ultimately these programs failed to stem rates of new HIV infections. Social movements comprising coalitions of local and international activists and scientists brought extensive pressure on global health institutions and nation-states to reform their approach to AIDS and introduce antiretroviral therapy. Yet the path toward universal provision of antiretroviral treatment has been slow and politically contentious. By the second decade of the 21st century, antiretroviral therapy interventions together with AIDS prevention became the dominant policy approach. The introduction of these initiatives led to a significant decline in AIDS-related mortality and slowed rates of transmission. However, health disparities in treatment access remain, highlighting ongoing shortcomings in the political strategies of global health agencies and the public health bureaucracies of African states.