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Article

Frej Klem Thomsen

The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination.

Article

Nayani Rajapaksha and Chrishantha Abeysena

Human immunodeficiency virus (HIV) is a major global public health issue. In 2019, an estimated 38 million people worldwide were living with HIV. Of these, 2–3 million HIV cases were estimated to be in the South Asia region. In South Asia, India has the largest population (1.366 billion), whereas the Maldives has the smallest (0.54 million) population. In line with global strategies, most of the countries adapt strategies to end HIV in 2030. The rights-based approach is a guiding principle of HIV policy in most countries. Integrated HIV testing and counseling services are implemented through facility-based and community-based services. The percentage of people who are on Anti-Retroviral Treatment among the diagnosed, is highest (81%) in Nepal. The Maldives and Sri Lanka achieved elimination of mother-to-child transmission of HIV in 2019. Coverage for preventive programs is low in all the countries. Condom usage is low in all the key population groups in the region except India, Nepal, and Sri Lanka. Sex education is integrated into the school curriculum in Nepal and Sri Lanka. Knowledge of HIV prevention among the young population is low in all the countries. India, Nepal, and Pakistan provide both needle and syringe programs and opioid substitution therapy. A high percentage of people who are injecting drug users (IDUs) have safe injecting practices in all the countries. The prevalence of HIV is low in all the countries, but concentrated epidemics continue in some countries. A higher prevalence of HIV is reported among IDUs in all the countries except Bhutan. The prevalence of HIV is also higher among transgender people in Nepal and Pakistan. Since 2010, a declining trend in new HIV infections has been observed in Bhutan, India, Nepal, and Sri Lanka, and an increasing trend has been observed in Afghanistan, Bangladesh, and Pakistan. Some South Asian countries have many punitive laws, while others have introduced legal protection for key populations. Sex work is criminalized in all the countries. In Bhutan, when men who have sex with men and IDUs seek health services, the health worker is obliged to report them to the police. Nepal became the first South Asian country to identify the existence of “sexual and gender minorities” in its constitution. There is a protective legal environment for homosexuality in Nepal. India also has several laws protecting homosexuals, transgender people, and IDUs, and laws against sexual harassment in the workplace. India has become the first South Asian country to implement special protective laws on HIV/AIDS. India has criminalized discrimination against people living with HIV/AIDS. The presence of stigma and discrimination is a major critical factor for the national approach to HIV prevention in all South Asian countries. Stigma and discrimination are observed in healthcare facilities, within families, in employment, and in educational institutions, and many countries have developed antidiscrimination policies in response. Throughout the region, poverty, low literacy, outbound migration, tourism, internal displacement, disasters, poor infrastructure of healthcare systems, population size, and social and cultural values have hampered the response to HIV.

Article

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.

Article

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

Annabelle Hutchinson, Elizabeth K. McGuire, Frances McCall Rosenbluth, and Hikaru Yamagishi

Compared to their male counterparts, females the world over typically achieve lower levels of pay, status, and representation. But the patterns of gender gaps in wages and power across countries and across sectors within countries point to systematic and empirically testable propositions about the supply and demand of labor and the bargaining consequences of remuneration. Time constraints on females, on account of socially mandated family work, hinder their advancement in endeavors that put a premium on availability and continuous career investment.

Article

The definition of the term “religious discrimination” is contested, but for the purposes of this discussion religious discrimination is defined as restrictions on the religious practices or institutions of minority religions that are not placed on the majority religion. Religious discrimination can include restrictions on (a) religious practices, (b) religious institutions and clergy, (c) conversion and proselytizing, and (d) other types of discrimination. Globally, 88.5% of countries discriminate against at least one religious minority, and religious discrimination is becoming more common over time. Religious discrimination is the norm worldwide regardless of world region, government type, and majority religion. Motivations to discriminate are multiple and complex. They include (a) differences in religious ideologies and beliefs—many religions are ideologically intolerant of other religions; (b) religious organizations seeking an institutional monopoly in a country; (c) religious beliefs and practices running counter to liberal and secular values, including human rights; (d) countries seeking to protect their national culture from outside influences, including nonindigenous religions; (e) countries having anti-cult policies; (f) countries restricting minority religious practices that are considered objectionable to the national ideology or culture; (g) a historical conflict between minority groups and the majority; (h) the perception of minorities as a security threat; (i) the perception of minorities as a political threat ; (j) long-lasting historical tensions between the majority and minority; (k) national politicians mobilizing supporters along religious lines; (l) societal prejudices against minorities leading to government-based discrimination; (m) religious identity; (n) general discrimination that is also applicable to religious minorities. Although these are among the most common motivations for discrimination, in many cases the motivations are unique to the specific situation.

Article

Andrew Bramsen and Zoe Vermeer

Muslim majority states regulate religion at much higher levels on average than non-Muslim states. There are two main explanations for this. First, Muslim states are on average much less religiously pluralistic than non-Muslim states, which tends to result in less tolerant attitudes toward minority religions. Second, and more importantly, religion and politics are much more intertwined in the foundations of Islam than is the case with most other major religious traditions. Because there is this traditional connection in Islam, government regulation of religion is seen as legitimate and even as a positive good. Regulation in Muslim states takes four basic forms. The first is a country’s approach to having an official religion, with Muslim states being much more likely to have an official religion than non-Muslim states. The second involves the degree to which government supports Islam. Muslim states support Islam in a variety of ways ranging from paying the salaries of imams to implementing sharia law and enforcing public morality. The third form deals with the restrictions on religion in general. This occurs in a variety of ways, ranging from repressing forms of Islam that deviate from the government-preferred form of Islam to limiting political manifestations of Islam that might challenge the ruling elite to imposing restrictions on worship practices and proselytizing. Finally, religious discrimination is a form of regulation that imposes different restrictions on minority religions than it does on Islam. For example, some states outlaw the proselytizing of Muslims while allowing the proselytizing of non-Muslims, or restrict the building of minority worship places while granting permits for the building of mosques. The level and nature of regulations vary widely across the Islamic world, and these variations have consequences for democracy, with Muslim states that have lower levels of regulation tending to have more democratic regimes. The two most democratic countries (Senegal and Tunisia) in the Islamic world both have high percentages of Muslim citizens and strong connections between Islamic leaders and the government but have successfully limited discrimination against minority religions, thereby providing a potential model for other Muslim states.

Article

Religion plays an important role in structuring civil rights for gay, lesbian, bisexual, and transgendered people (GLBT). Religious proscriptions against homosexuality were almost universally codified into law until the late 20th century, and laws against homosexuality and denying civil rights to homosexual remain in place in most nation states. The advent of the civil rights movement for GLBT persons has generated considerable backlash both in nations where civil rights have been secured, as well as in nations where many political leaders and movements view the extension of civil rights to GLBT persons as an external cultural threat. Religious opposition to the extension of rights has swiftly followed GLBT activism seeking: (a) an end to legal proscriptions; (b) alleviation of harassment and discrimination; (c) marriage and family recognition; (d) action related to the HIV/AIDS epidemic; and (e) recognition of transgendered identity and transgendered rights. GLBT movements quickly achieved considerable success and even garnered support from religious liberals. Data from the General Social Surveys (GSS) in the United States show that while support for same-sex marriage has increased in the U.S., significant differences remain across religious groups. Specifically, sectarian Protestants are significantly less supportive of civil rights for GLBT persons, while the non-religious are most supportive. While GLBT persons are making substantial political gains throughout the world, in many places backlash is eroding civil rights, and in much of the world the movement has lacked success. Several liberal religious groups have been crucial for the international success of human rights campaigns for GLBT persons, however conservative religious groups from several religious traditions have successfully promoted the continued repression of GLBT persons and movements.

Article

The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments. The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law. In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.

Article

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.

Article

Camille Vallier and Djemila Carron

Transidentity raises numerous legal questions as it challenges the way the law fundamentally categorizes society in two different groups. The European legal landscape has evolved towards greater recognition of transgender people’s rights, notably in terms of legal gender recognition and non-discrimination, but many inequalities remain deeply rooted in the law. Gender identity has increasingly been recognized as a ground of discrimination by national and regional instances in Europe, and in 2002 the European Court of Human Rights acknowledged the existence of a right to legal gender recognition under Article 8 of the Convention, in the famous Goodwin v. UK case. Since then, the conditions deemed admissible or not in order to access legal gender recognition and name change have been under scrutiny, and the Court took an important step ahead in 2017, when it held that compulsory sterilization and mandatory medical interventions leading with a high probability to sterility were inadmissible conditions for accessing legal gender recognition (A.P., Garçon, and Nicot v. France). However, other criteria for legal gender recognition remain unclear. Additionally, even when European instance decisively set a principle, the difficulty lies in the implementation on the national level, as the rights of transgender people are far from respected in practice. Legal gender recognition and access to gender confirmation treatment entail particular obstacles for minors, since the debate of whether self-determination regarding legal gender change and access to gender confirmation treatment should prevail over other public and private interests is even more pressing when children are concerned. Many further obstacles remain, notably in the domain of parenthood and employment, access to transition-related treatments, and their reimbursement by health insurance. Additionally, transphobic hate crimes are rarely identified as such by national criminal legislations, and very few states collect statistics on the matter. It remains difficult to draw general conclusions on transgender policies in Europe, as domestic laws are diverse and do not always match with international law, and national practices do not always comply with domestic and international law—with transgender people often being caught in a labyrinth of incongruent rules and practices.

Article

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

Article

Transgender people have a complicated history in U.S. law and policy. Once thought of as a symptom of homosexuality, gender nonconformity has long been the subject of social disapprobation and legal sanction, including criminalization. Beginning in the 1950s, an emergent interest by the medical community in individuals suffering from “gender dysphoria” precipitated an identity politics primarily organized around a goal of access to competent medical care and treatment for transsexual individuals. In ways both significant and ironic, this medicalization both promoted a binary ideology of gender, most obvious in concepts like male-to-female or female-to-male transsexualism, and created space for more transformative concepts of gender fluidity and transgender identity to emerge. Long conceptualized as a kind of subsidiary of the gay and lesbian rights movement in the United States, a status that entailed considerable turmoil, the transgender movement, especially since the 1990s, has emerged as a vocal and relatively effective rights lobby in its own right. The advent of the Trump administration presents a pivotal moment that will likely test not only the durability of recent policy gains but also whether those gains can be expanded in any significant measure.

Article

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

Article

A nascent body of research is growing on the issue of disclosing one’s sexuality, also termed “coming out,” and the implications for attitudes, behavior, and health. This research engages (a) the political attitudes of those reporting their sexual identity, and (b) the social conditions that lead people to express different forms of sexual identity. Four main findings help to characterize the relationship between coming out and political attitudes among sexual minorities. First, people who come out tend to be socially liberal, but the reasons behind this pattern remain unclear. Second, tolerant social conditions correlate with coming out; expressions of tolerant attitudes; and political engagement on behalf of lesbian, gay, and bisexual rights. Third, the reverse holds as well: Intolerant, homophobic social conditions correlate with the concealment of one’s homosexuality and the expression of homophobic attitudes. Fourth, homophobic social conditions also may lead to worse mental health outcomes, which in turn reduce political efficacy and participation. However, the causal relationships between social conditions, coming out, political outcomes, and health outcomes elude existing research. Future research can unpack these relationships and include more cases outside Western Europe and North America, where most research on this topic is conducted.

Article

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

Over the last decades, in many so-called Western countries, the social, political, and legal standing of lesbians, gay men, and bisexual and trans* individuals (henceforth, LGBT* individuals) has considerably improved, and concurrently, attitudes toward these groups have become more positive. Consequently, people are aware that blatantly prejudiced statements are less socially accepted, and thus, negative attitudes toward LGBT* individuals (also referred to as antigay attitudes, sexual prejudice, or homonegativity) and their rights need to be measured in more subtle ways than previously. At the same time, discrimination and brutal hate crimes toward LGBT* individuals still exist (e.g., Orlando shooting, torture of gay men in Chechnya). Attitudes are one of the best predictors of overt behavior. Thus, examining attitudes toward LGBT* individuals in an adequate way helps to predict discriminatory behavior, to identify underlying processes, and to develop interventions to reduce negative attitudes and thus, ultimately, hate crimes. The concept of attitudes is theoretically postulated to consist of three components (i.e., the cognitive, affective, and behavioral attitude components). Further, explicit and implicit attitude measures are distinguished. Explicit measures directly ask participants to state their opinions regarding the attitude object and are thus transparent, they require awareness, and they are subject to social desirability. In contrast, implicit measures infer attitudes indirectly from observed behavior, typically from reaction times in different computer-assisted tasks; they are therefore less transparent, they do not require awareness, and they are less prone to socially desirable responding. With regard to explicit attitude measures, old-fashioned and modern forms of prejudice have been distinguished. When it comes to measuring LGBT* attitudes, measures should differentiate between attitudes toward different sexual minorities (as well as their rights). So far, research has mostly focused on lesbians and gay men; however, there is increasing interest in attitudes toward bisexual and trans* individuals. Also, attitude measures need to be able to adequately capture attitudes of more or less prejudiced segments of society. To measure attitudes toward sexual minorities adequately, the attitude measure needs to fulfill several methodological criteria (i.e., to be psychometrically sound, which means being reliable and valid). In order to demonstrate the quality of an attitude measure, it is essential to know the relationship between scores on the measure and important variables that are known to be related to LGBT* attitudes. Different measures for LGBT* attitudes exist; which one is used should depend on the (research) purpose.

Article

The public’s perception of, beliefs about, and interest in LGBT individuals and the issues impacting them has long had great significance to the community’s social, political, and legal progress. The last decade has seen monumental changes in public attitudes about LGBT people and the laws that affect them in the United States and around the world. Much of this change has been positive, including the landmark Supreme Court decision to legalize same-sex marriage. In some parts of the world—even those that have witnessed great strides for LGBT equality—there have also been signs of a backlash against the community’s newfound rights and visibility in society. Stereotypes of LGBT individuals, mostly negative, have been responsible for much of this reaction, as well as their historically negative view in by the public. In the 20th and 21st centuries, the mass media has played a major role in creating and perpetuating these stereotypes.

Article

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

Latin America ranks highest in the world in markers of social and economic inequality, as well as in the negative effects of inequality on other realms of social life, such as access to basic services, political power, and, in many countries, unfair treatment by police and the justice system. Yet in Latin America it is not possible to talk about racism, ethnic-racial discrimination, and inequality without taking into consideration the hegemonic narratives of mestizaje and racial democracy that shape the way many Latin American nations think about themselves today. Can a region characterized by extreme levels of social inequality also be ethnically and racially democratic? The pattern of ethnic and racial relations in Latin America is marked by discrimination, but at the same time, it creates mechanisms that prevent individuals from recognizing the existence of discrimination against themselves. This reality carries several complications for census-taking and other forms of statistical data collection intended to measure ethnic-racial inequality. Because the main paradigms of analysis of social inequality prioritize economics and class, they have directly or indirectly strengthened the discourse that in Latin America, there is no racism. Certainly, the future of research on race relations and inequality in Latin America will benefit from new demographic data and public opinion surveys, carried out since the turn of the century, which include the identification of indigenous and Afro-descendant people. This trend may advance the production of studies grounded in more robust empirical evidence of ethnic-racial asymmetry.