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Article

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

HIV/AIDS in Europe highlights the centrality of politics at local, state, and international levels to the successes and failures in fighting transnational, global threats. Though several European states have led the international struggle against HIV/AIDS and have made great strides in treatment and prevention, others host the fastest-growing epidemics in the world. Even in states with long histories of treatment, specific subpopulations, including many LGBTQ communities, face growing epidemics. This variation matches trends in public policy, the actions of political leaders, and social structures of inequity and marginalization toward affected populations. Where leaders stigmatize people living with HIV (PLHIV) and associated groups, the virus spreads as punitive policies place everyone at increased risk of infection. Thus, this epidemic links the health of the general public to the health of the most marginalized communities. Mounting evidence shows that a human rights approach to HIV/AIDS prevention involving universal treatment of all vulnerable communities is essential to combating the spread of the virus. This approach has taken hold in much of Europe, and many European states have worked together as a political force to shape a global human rights HIV/AIDS treatment and prevention regime. Despite this leadership, challenges remain across the region. In some Eastern European states, tragic epidemics are spreading beyond vulnerable populations and rates of transmission continue to rise. The Russian case in particular shows how a punitive state response paired with the stigmatization of PLHIV can lead to a health crisis for the entire country. While scholars have shed light upon the strategies of political legitimization likely driving the scapegoating and stigmatization of PLHIV and related groups, there is an immediate need for greater research in transnational social mobilization to pressure for policies that combat these backward political steps. As financial austerity and defiant illiberalism spread across Europe, key values of universal treatment and inclusion have come into the crosshairs along with the European project more generally. Researchers and policymakers must therefore be vigilant as continued progress in the region is anything but certain. With biomedical advances and the advent of the “age of treatment,” widespread alleviation from the suffering of HIV/AIDS is a real possibility. Realizing this potential will, however, require addressing widespread political, social, and economic challenges. This in turn calls for continued interdisciplinary, intersectional research and advocacy.

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

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.