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.
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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
Matthew Waites
The Commonwealth is the international governmental organization of states that emerged from the British empire, and since 2000 it has emerged as a focus for contestation relating to the regulation of same-sex sexualities, gender diversity, and diverse sex characteristics. Following colonial criminalizations focused on same-sex sexual acts, and later formal decolonizations, there have appeared many national movements for decriminalization and human rights in relation to sexuality and gender. The Commonwealth has emerged as a site of politics for some significant actors claiming human rights in relation to sexual orientation, gender identity and expression, and sex characteristics. This has been led by specific organizations of lesbian, gay, bisexual, and transgender (LGBT) people, increasingly with intersex people and allies, but it is also important to consider this in relation to queer people, understood more broadly here as people in all cultures experiencing forms of sexualities, biological sex and genders outside the social structure of heterosexuality, and its associated sex and gender binaries. A range of forms of activist and non-governmental organization (NGO) engagement have occurred, leading to shifts in Commonwealth civil society and among some state governments. This has required researchers to develop analyses across various scales, from local and national to international and transnational, to interpret institutions and movements.
The British Empire criminalized same-sex sexual acts between males, and to a lesser extent between females, across its territories. In certain instances there were also forms of gender regulation, constraining life outside a gender binary. Such criminalization influenced some of those claiming LGBT human rights to engage the Commonwealth. Research shows that a majority of Commonwealth states continue to criminalize some adult consensual same-sex sexual activity. Yet the history of struggles for decriminalization and human rights within states in the Commonwealth has led up to such recent important decriminalizations as in India and Trinidad and Tobago in 2018.
LGBT and queer activist engagements of the Commonwealth itself commenced in 2007 when Sexual Minorities Uganda and African allies demanded entry to the Commonwealth People’s Space during a Heads of Government meeting in Kampala. Activism has often focused on the biannual Heads of Government meetings that are accompanied by civil society forums. A particularly significant phenomenon has been the emergence of a “new London-based transnational politics of LGBT human rights,” evident in the creation from 2011 of new NGOs working internationally from the United Kingdom. Among these organizations was the Kaleidoscope Trust, which shaped the subsequent formation of The Commonwealth Equality Network as an international network of NGOs that became formally recognized by the Commonwealth. Significant developments occurred at the London Commonwealth Heads of Government meeting in April 2018; Prime Minister Theresa May expressed “regret” for past imperial criminalizations while announcing funding for Kaleidoscope Trust and other UK-based groups to use in international law reform work. These developments exemplify a wider problematic for both activists and analysts, concerning how LGBT and queer movements should engage in contexts that are still structured by imperial legacies and power relations associated with colonialism, persisting in the present.
Article
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
Mirya R. Holman and Erica Podrazik
Religiosity is a combination of public and private religious practices, beliefs, and experiences. While diversity exists in how religiosity is measured, three central components are consistent across the scholarship: organizational religious engagement, non-organizational religious activities, and subjective religiosity. To measure organizational religious engagement, scholars frequently look at church attendance and participation in congregational activities. Non-organizational religious activities include frequency of prayer, reading the Bible or other religious materials, or requesting others to pray for you. Subjective or intrinsic religiosity includes self-assessed religiousness (where respondents are asked, “How religious would you consider yourself?”) or strength of affiliation, as well as specific beliefs, such as views of the afterlife, hell, and whether the Bible is the literal word of God.
Various groups express different levels of religiosity. One of the most well-documented and consistent group-based differences in religiosity is that women, including white women and women of color, are more religious than are men across religions, time, and countries. Women report higher rates of church attendance, engagement in religious practices (including prayer and reading the Bible), and more consistent and higher levels of religious interest, commitment, and engagement. Many explanations for these gaps in religiosity exist including differences in personality and risk aversion, gendered socialization patterns, and patriarchal structures within churches. Scholars have engaged in robust debates around the degree to which explanations like risk assessment or gender role theory can account for differences in religious behavior between men and women. Yet unresolved, these discussions provide opportunities to bring together scholarship and theories from religious studies, sociology, gender studies, psychology, and political science.
Religiosity shapes a variety of important political and social attitudes and behaviors, including political ideology and participation. The effects of religiosity on political attitudes are heterogeneous across men and women—for example, highly religious women and men are not equally conservative, nor do they equally oppose gay rights. The process by which religiosity shapes attitudes is also gendered; for example, the effects of women’s religiosity on political attitudes and participation are mediated by gendered attitudes. And while religiosity increases political participation, the effects are not even for men and women, nor across all groups of women. Future research might examine the differing effects of religiosity on subgroups of men and women, including evaluations of how intersecting social categories like race, gender, and class shape both levels of religious engagement and the degree to which religiosity influences other political and social behavior.
Article
Ewa A. Golebiowska
Public opinion on LGBT Americans’ rights has become more supportive of equal treatment over time. The movement toward greater egalitarianism has been particularly pronounced on attitudes toward same-sex marriage and gay adoption. Today, the general public is overwhelmingly supportive of laws to protect gays and lesbians against job discrimination, the right of gay and lesbian couples to adopt children, and legal recognition of same-sex marriages. It is also overwhelmingly supportive of legal protections for gay and lesbian employees, although we do not know whether abstract support for equality in the workplace translates into support for the hiring of gays and lesbians in all occupations. Yet, many questions concerning LGBT Americans’ rights remain controversial. The general public is especially polarized on the questions of whether transgender individuals should be able to use the bathrooms of the gender with which they identify and whether business owners in the wedding services industry can discriminate against same-sex couples on religious grounds.
Systematic research on political attitudes of LGBT individuals using probability samples is practically nonexistent, although there are many studies of lesbians, gays, and bisexuals’ attitudes, identities, and behavior that use convenience samples. The existing studies demonstrate that lesbians, gay men, and bisexuals tend to identify as ideologically liberal and favor the Democratic Party in their affinities and votes. LGBT Americans are far more supportive of equality in all issue domains although bisexuals—compared to lesbians and gay men—are more lukewarm in their embrace of equality on the basis of sexual orientation and gender identity.
Scholarship on LGBT Americans in public opinion has primarily explored attitudes toward gays and lesbians and has tended to focus on attitudes toward same-sex marriage and adoption. It examines psychological, political, and demographic correlates of public opinion regarding LGBT individuals and explores links between interpersonal contact with LGBT individuals and attitudes toward them. Generally speaking, moral traditionalism, gender role conceptions, and attributions for the existence of homosexuality are especially important psychological predictors of attitudes toward sexual and gender identity minorities. Partisan and ideological identities play an important role too as do cues from ideologically compatible political elites. Of the several demographic attributes that researchers have included in their models, religion-related variables stand out for their predictive prowess. Finally, interpersonal contact with sexual and gender minorities, as well as community exposure to LGBT individuals, is associated with more favorable views toward them.
Another yardstick by which commitment to equal treatment for LGBT Americans could be measured is whether and how sexual orientation and gender identity influence political fortunes of candidates for electoral office. Scholarship to date suggests that sexual orientation and gender identity function as important heuristics that influence voters’ thinking about LGBT candidacies. Some scholarship mines survey questions that inquire about respondents’ willingness to support hypothetical LGBT candidates for office. Others use experimental design to isolate the influences of sexual orientation and gender identity on political evaluation. Altogether, these studies demonstrate that LGBT individuals do not face a level playing field when they launch campaigns for office.
Article
Andrew Proctor
As a group engaged in struggles for representation and inclusion, lesbian, gay, bisexual, and transgender (LGBT) people have vied for access to social and political power. There is little dispute that LGBT people are a relatively powerless group in society, but the extent to which the group is powerless is subject to debate in political science. Scholars disagree over the extent of powerlessness because the definition of power is contested among political scientists. As such, scholars have examined the powerlessness of LGBT people in varying ways and reached different conclusions about the success the group has had in achieving rights and visibility.
LGBT powerlessness emerges from the group’s status as sexual and gender minorities. Over time, the boundaries that constitute the group have shifted in response to power asymmetries between LGBT people and cisgender, heterosexuals who control access to political and social institutions. In addition, power asymmetries have emerged within the LGBT community at the intersection of race, class, and gender as well as across subgroups of the acronym LGBT. Thus, the distribution of power and powerlessness vary within the group as well as between the group and dominant groups in society. These within- and across-group variations in power shape LGBT group boundaries, representation and public opinion, and voting behavior. The powerlessness of LGBT people must be understood in relation to these contingencies that define the group’s boundaries, and the ways in which power is distributed within and across groups.
Article
Antoine Idier
The question of “norm” is central to queer theory. As this reading of Judith Butler’s Gender Trouble (1990), regarded as one of the pioneering texts in queer theory, shows, queer theory has consistently discussed the actual power of the norm, how it works, and how it is appropriate for minority movements to position themselves in relation to norms to abolish them. As many writings and discussions on this subject suggest, the reflection on the norm is based on an internal feminist discussion of identity. Just as there is no naturalness of sex, there is also no natural, preexisting identity. Denaturalizing identity by asserting that identities do not preexist when they are invoked calls for strategic use of identity while at the same time conducting a critique of how identities are produced.
More fundamentally, the discussion of norms is linked to a reflection on “priority.” By asserting that there is no being or ontology that precedes socialization and the application of social norms, Butler denies any relevance to the project of reconnecting with practices and identities that have not been shaped by these norms and are thus considered free, escaping power.
Postulating that there is no state prior to law, norm, and power calls for strategies of resistance and subversion. There is a need to place oneself within the normative devices and structures produced by power to subvert them. The notion of “performativity” condenses this conclusion by describing the possibility of producing acts that, within the normative system, displace normative meanings. Resistance and subversion lie in the parodic game, in the displacement of gender norms within the structure that produces them.
The assertion that “there is no political position purified of power, and perhaps that impurity is what produces agency as the potential interruption and reversal of regulatory regimes” leads to a radical redefinition of politics. All subversive politics thus remain dependent on prevailing norms and structures, within which it acts to contest them. Subversion can only ever be local and never total, as much temporally as geographically. It can only intervene in a place, at a given moment, with reference to a given normative apparatus. Insofar as it remains necessary always to draw on a norm in order to challenge and resignify it, it will never be possible to contest all social norms definitively; it will only be possible to weaken certain ones from time to time. It then remains to identify, at some point, the power with which one wishes to fight, and the most effective strategies to weaken it.
Article
Christy Mallory and Brad Sears
LGBT people in the United States continue to experience discrimination because of their sexual orientation and gender identity, despite increasing acceptance of LGBT people and legal recognition of marriage for same-sex couples nationwide. This ongoing discrimination can lead to under- and unemployment, resulting in socioeconomic disparities for LGBT people. In addition, empirical research has linked LGBT health disparities, including disparities in health-related risk factors, to experiences of stigma and discrimination.
Currently, federal statutes in the United States do not prohibit discrimination based on sexual orientation or gender identity in employment, housing, or public accommodations, leaving regulation in this area primarily to state and local governments. This creates a limited and uneven patchwork of protections from discrimination against LGBT people across the country.
Despite public support for LGBT-inclusive non-discrimination laws across the country, in 28 states there are no statewide statutory protections for LGBT people in employment, housing, or public accommodations. To date, only 20 states and the District of Columbia have enacted comprehensive non-discrimination statutes that expressly prohibit discrimination based on both sexual orientation and gender identity in all three of these areas. One additional state has statutes that prohibit sexual orientation discrimination, but not gender identity discrimination, in these areas. One other state prohibits discrimination based on sexual orientation and gender identity in employment and housing, but not in public accommodations.
In states without statutes that prohibit discrimination based on sexual orientation and/or gender identity, there are other policies that afford LGBT people at least some limited protections from discrimination. In some of these states, state executive branch officials have expanded non-discrimination protections for LGBT people under their executive or agency powers. For example, in three states, state government agencies have expanded broad protections from sexual orientation or gender identity discrimination through administrative regulations. And, in 12 states without statutes prohibiting discrimination against LGBT people, governors have issued executive orders that protect state government employees (and sometimes employees of state government contractors) from discrimination based on sexual orientation and gender identity. In addition, local government ordinances provide another source of protection from discrimination; however, these laws are generally unenforceable in court and provide much more limited remedies than statewide non-discrimination statutes.
In recent years, lawmakers have increasingly attempted to limit the reach of state and local non-discrimination laws, which can leave LGBT people vulnerable to discrimination. For example, some states have passed laws allowing religiously motivated discrimination and others have passed laws prohibiting local governments from enacting their own non-discrimination ordinances that are broader than state non-discrimination laws. While most of these bills have not passed, the recent increase in the introduction of these measures suggests that state legislatures will continue to consider rolling back non-discrimination protections for LGBT people in the coming years.
Continued efforts are required at both the state and federal levels to ensure that LGBT people are fully protected from discrimination based on their sexual orientation and gender identity throughout the United States, including federal legislation and statewide bills in over half the states.
Article
Holning Lau
Courts have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. Yet courts in other parts of Asia have entrenched LGBT subordination. A vast expanse separates Asia’s most progressive LGBT judicial decisions from the most oppressive. This divergence stems from various factors, including differences among Asian courts’ judicial philosophies and cultural backdrops.
Judicial developments in Asia have disrupted conventional narratives in Anglophone literature about LGBT rights. Conventional wisdom says there is a standard sequence for developing LGBT rights. It is commonly believed that countries will protect sexual orientation rights before gender identity rights; that they will legislate against discrimination before legalizing same-sex marriage; and that legal protections of LGBT rights begin in the West, and then the rest of the world subsequently imports these legal constructs. Developments in Asia have, however, challenged these narratives.
While many Asian courts have galvanized reforms to protect LGBT rights, it is important to remember that these courts are nonetheless constrained in their ability to effectuate change. Case studies from Asia demonstrate that protecting LGBT rights often requires political branches of government to cooperate with courts. Political actors may resist implementing court-ordered reforms, especially if public opinion does not support the reforms.
Article
The human rights of LGBTI persons are being contested across the world—both within states and across regions. Despite decades of incremental change, in many states, LGBTI activists are beginning to rapidly advance their normative agendas, particularly in the context of protection against violence and discrimination. However, consistent backlash and opposition to LGBTI advocacy remains.
Notwithstanding decades of silence on LGBTI rights, international institutions are also beginning to rapidly include sexual orientation and gender identity in their work as well. Institutions that consist primarily of independent experts and that focus on narrower human rights issues have been especially active in including sexual orientation and gender identity in their work, either formally or informally. At the same time, largely political institutions have generally lagged behind their counterparts.
Scholarship on both sexual orientation and gender identity (SOGI) advocacy and contestation have also lagged behind political and legal developments at international institutions. Although a few works exist, particularly on the UN Human Rights Council, there are numerous other institutions that have been understudied. Further, research on the implementation of international SOGI policies has also been largely absent. SOGI advocacy and contestation continues across nearly every major international institution. Research agendas, either qualitative or quantitative are sorely needed to help better predict and explain the advancement or retreat of SOGI in international institutions and within domestic contexts.
Article
Baird Campbell
The situation of trans rights in Latin America varies greatly by country and region despite a binding 2017 opinion from the Inter-American Court of Human Rights (IACHR) clarifying member states’ obligations to guarantee trans rights. While countries in the Southern Cone and Northern Andes have recently made great strides in protecting and supporting their trans citizens, Central America, the Caribbean, and several countries in South America continue to offer little or no legal support for trans rights. Some countries, such as Argentina, Chile, Colombia, Ecuador, and Uruguay, have passed Gender Identity Laws that provide trans people with the ability to rectify their documents to reflect their names and gender identities. The current state of trans-specific policy in the region is explored by first framing it through an overview of the relevant parts of the IACHR ruling and then presenting the case for the depathologization of trans identities, one of the movement’s most pressing goals. Crucial to this discussion is the next section, which presents the current rights and limitations in trans-specific healthcare in the region. A discussion of the importance of gender identity as a basic human right, recognized in the IACHR ruling, follows, continuing on to an analysis of the place of children, adolescents, and their parents in relation to this right. Relatedly, the next section explores the prevalence and force of anti-discrimination laws in the region, which vary greatly in their specific protection of trans people. Finally, we attempt to look forward to what may be next in the fight for trans rights in the region, exemplifying cases such as that of Uruguay, which has recently begun to debate trans-specific reparations, and Argentina, which has begun to debate dedicated employment slots for trans people.
Article
Shauna Lani Shames
Understanding political ambition in an intersectional way requires some familiarity with both subjects. Intersectionality is first explored as a concept and practice, and then the discussion turns to an explanation of political ambition (in multiple forms). In addition, intersectionality can be applied to the theory and research on political ambition, particularly in the context of candidate emergence.
Since Crenshaw’s article, and especially after 2000, the term intersectionality and the concept that it defines have become a central part of women’s, gender, and sexuality studies in academic circles and of feminist movement organizations in the real world. Although the term originally referred to the intersection of race with gender, it has expanded to include other forms of identity. The central metaphor for the concept as it has come to be used could be seen as the asterisk; each of us has a multiplicity of identities (race and gender, but also age, class, religion, sexual orientation, ability/disability, and more). The “self,” or subject, lies at the intersection of these many axes of identity.
Difficulties continue to arise, however, in finding coherence in both theoretical and empirical works adopting an intersectional perspective. Should the concept be tied to its original understanding of the overlap between race and gender? Which race? With each additional axis of identity that we examine in a scholarly way, we gain specificity, but perhaps lose some generalizability. Taking into consideration all aspects of identity that define a whole person would be nearly impossible across any group. (Even a collection of young gay male Native Americans, say, would likely have all kind of differences that go far beyond their initial similarities.) Pushed to its logical extreme, the concept of intersectionality can threaten a feminist politics that seeks to take the “women” group as its subject.
Turning to women as political candidates, a growing number of studies examine gender and political ambition, particularly in the context of candidate emergence (with a smaller but also growing subset looking at a second type of political ambition, progressive, referring to the decision to run for higher office once someone is already in office.
Multiple works agree that women’s initial and progressive political ambition are lower than their comparable male counterparts’ levels, and such works give us valuable hypotheses and evidence about the reasons for this gender gap. Recent studies have begun to examine race as well as gender in order to perform studies of political ambition that are intersectional in approach and methodology, although these are limited in number, often due to the small numbers of women of color as candidates and elected officials. However, this article profiles some of the excellent work being done on this topic.
By first looking at previous thinking and empirical work on intersectionality, doing the same for political ambition, and then bringing together these two fields of study, this article addresses the theoretical and empirical issues involved in studying political ambition in an intersectional way. In particular, at this point in the study of political ambition, it is crucial that we see more studies examining the different types of identification that make up intersectionality, how they can fit together, and how this overlap can affect women’s political ambition. Although this article is focused on American women, as they are the subject of much of the intersectionality and political ambition literature, this framework can be used more broadly by scholars studying women outside of the United States, who would certainly face many of the same challenges and questions.
Article
Ryan Thoreson
In recent decades, the efflorescence of lesbian, gay, bisexual, transgender, and intersex (LGBTI) movements has created powerful inroads for sexual rights in many parts of sub-Saharan Africa. While conditions for LGBTI people vary considerably between and within countries, activists across the region are reshaping political, legal, and social understandings of gender and sexuality through their advocacy, both by seizing opportunities and navigating periods of backlash and repression. Over the years, activists have established domestic movements and have expanded their reach to articulate demands in regional and international forums. Their work has challenged the universality of models developed in other parts of the globe and has generated new tactics to respond to religious, familial, and state-sponsored prejudice. At the same time, questions of representativeness, accountability, and strategy have been raised by constituencies and longtime activists alike, inviting critical assessments of movement politics in the region.
Article
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
M. Joel Voss
Europe has some of the most powerful human rights legal institutions in the world including two supranational human rights courts—the Council of Europe’s European Court of Human Rights and the European Union’s Court of Justice (hereafter, together—the Courts). After decades of relative quiet, the Courts have begun hearing more cases concerning LGBT rights. Judgments of the Courts have advanced some facets of LGBT rights like anti-discrimination in the workplace while disappointing gay-rights advocates in other areas, for example family life and asylum.
Scholarship on European courts and LGBT rights is not as developed as scholarship on norm advocacy or policy diffusion within states in Europe. The research that does exist looks at how decisions by the European Court of Human Rights and the European Court of Justice deal with current European law, how the institutions are designed, or how the supranational courts may act as agents of change or status quo institutions in shaping wider European behavior. This lack of newer research on the Courts presents ample opportunity for new avenues of research that examines not only how decisions are made at the Courts but also how states implement decisions and how states view the legitimacy of each Court.
Article
B. Lee Aultman
Nonbinary trans identities have historically referred to a range of gender non-normative embodiments and self-making practices that stand on the outside of, or sometimes in direct opposition to, the Western binary classifications of sex/gender (i.e., man or woman, male or female). These identities include but are not limited to androgyny, genderqueer, genderfluid, gender nonconforming, and genderf*ck. Increasingly, nonbinary has become its own free-standing identity, without many of the historical connotations that genderqueer, for instance, might invoke. Nonbinary people identify themselves with gender-neutral pronouns or a fluid mixture of gendered pronouns in social practices. Some transition and take on embodiments that have a particular gendered aesthetic. This may or may not include sexual reassignment surgeries and other procedures that are body confirming. In short, nonbinary people have varied and robust social lives.
The umbrella category of “trans” helps to situate some of the meaning and history of gender-non-normative identities. On the one hand, it can be a productive political vehicle that mobilizes communities of similarly felt histories toward collective action. On the other hand, it can limit the range of recognized embodiments and practices that have participated in the historically pertinent conventions that trans describes. The history of nonbinary identities is then a complex prospect. Such identities alter the categorical assumptions that underscore transsexual and transgender identities within binary terms. The complex narratives and histories of nonbinary trans identities raise some timely questions about the conventions of sex/gender in contemporary life. What constitutes one’s enduring sense of gender now that the binary itself has come under dispute? Should the gender binary be protected and for whom? In what varied ways do nonbinary identities alter a commonly shared imaginary of the bodily aesthetic? What role does desire play in the ongoing social changes in this long revolution of the body? The politics that emerge from these questions are becoming increasingly pressing as technology can now link otherwise isolated people across global boundaries. And finally, the reception of nonbinary identities offers important spaces of dialogue about the proliferation of identity politics, political movements, and the social divisions of labor these forces demand.
Article
Royal G. Cravens III
From the late 20th and into the early 21st centuries, scholars in the field of lesbian, gay, bisexual, transgender, and queer (LGBTQ) politics have produced a substantial body of literature that explores and explains the political attitudes and behavior of sexual and gender minorities. The interdisciplinary nature of the field is reflected in the broad range of approaches and theories that attempt to explain political phenomena among LGBTQ people. The majority of the literature reveals sexual minorities to be politically distinct from heterosexuals, in that sexual minorities are more ideologically liberal and, in the United States, more likely to support Democratic partisans. Largely because of heterosexism, sexual and gender minorities are also more likely to participate in political activities that directly implicate their sexual orientation or gender identity, such as volunteering with LGBTQ interest groups or attending “Pride” events, although sexual orientation and gender identity are significant predictors of a variety of attitudes and behavior. Recent research has demonstrated that LGBTQ people also participate in politics by running for office, mounting legal challenges to discriminatory laws or government actions, and collectively organizing locally, nationally, and internationally.
Explanations for LGBTQ political distinctiveness have concentrated in three broad areas: selection, embeddedness, and conversion theories. While studies have provided supportive evidence for each hypothesis, the field has also increasingly turned to intersectional evaluations that admonish researchers to interrogate intragroup LGBTQ behavioral and attitudinal heterogeneity more fully. The infusion of intersectional theory into LGBTQ political research has revealed attitudinal and behavioral distinctions among sexual and gender minorities centered on axes of race and ethnicity, nationality, religion, age, and income, among others. The critical importance of disentangling the concepts of sexual orientation and gender identity, the recognition of cross-cutting structures of oppression such as homophobia, sexism, and racism, and the emergence of subfields of LGBTQ political behavior are indicative of a burgeoning field of study.
Looking to the future of LGBTQ political research, the political successes of the LGBTQ movement and evolving conceptions of sexual and gender identity have necessitated a reevaluation of LGBTQ political behavior in the 21st century. The continued diffusion of same-sex marriage, the electoral capture of LGBTQ voters, and the destabilization of identity categories that has been demanded by queer theory all pose unique challenges to the future of LGBTQ politics and political mobilization around the globe.
Article
Francis Kuriakose and Deepa Kylasam Iyer
The question of LGBT rights was first examined as part of gender and sexuality studies in the 1980s, predominantly in the United States. This was a result of the LGBT movement that had articulated the demand for equal rights and freedom of sexual and gender minorities a decade before. Since then, the examination of LGBT rights has traversed multiple theoretical and methodological approaches and breached many disciplinary frontiers. Initially, gay and lesbian studies (GLS) emerged as an approach to understand the notion of LGBT identity using historical evidence. GLS emphasized the objectives of the LGBT movement in articulating its identity as an issue of minority rights within the ambit of litigation and case law. However, the definition of LGBT identity as a homogeneous and fixed category, and the conceptualization of equality rights as the ultimate project of emancipation, was critiqued on grounds of its normative and assimilationist tendencies. Queer theory emerged in the 1990s as a counter-discourse to GLS, using the individual-centric postmodern technique of deconstruction as the method of analysis. This approach opened up scope for multiple identities within the LGBT community to articulate their positionality, and reclaim the possibilities of sexual liberation that GLS had previously obscured.
Subsequent scholarship has critiqued GLS and queer theory for incomplete theorization and inadequate representation, based on four types of counter-argument. The first argument is that queer theory, with its emphasis on self as an alternative for wider social interaction, concealed constitutive macrostructures such as neoliberal capitalism, as well as the social basis of identity and power relations. The second argument highlights the incomplete theorization of bisexual and transgender identities within the LGBT community. For example, understanding bisexuality involves questioning the universalism of monosexuality and postmodern notions of linear sexuality, and acknowledging the possibility of an integrated axis of gender and sexuality. Theorization of transgender and transsexual rights requires a grounded approach incorporating new variables such as work and violence in the historiography of transgender life. The third critique comes from decolonial scholarship that argues that intersectionality of race, gender, class, caste, and nationality brings out multiple concerns of social justice that have been rendered invisible by existing theory. The fourth critique emerged from family studies and clinical psychology, that used queer theory to ask questions about definitions of all family structures outside the couple norm, including non-reproductive heterosexuality, polyamorous relationships, and non-marital sexual unions. These critiques have allowed new questions to emerge as part of LGBT rights within the existing traditions, and enabled the question of LGBT rights to be considered across new disciplinary fronts. For example, the incorporation of the “queer” variable in hitherto technical disciplines such as economics, finance, and management is a development of the early-21st-century scholarship. In particular, the introduction of LGBT rights in economics to expand human capabilities has policy implications as it widens and mainstreams access of opportunities for LGBT communities through consumption, trade, education, employment, and social benefits, thereby expanding the actualization of LGBT rights.
Article
Dominic McGoldrick
The United Nations system has been a major global site of political and legal contestation for LGBTQI human rights. However, the lack of consensus has led to major divisions within the UN’s political institutions. The independent human rights institutions that do exist within the UN system have been more progressive in advancing LGBTQI issues.
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