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Article

Although the Trump Administration has been decidedly unfriendly to transgender Americans, there is no question that transgender people have made substantial policy, political, and societal gains in recent years. These gains are the result partially of the activities of political organizations that advocate on behalf of transgender Americans. As of 2019, there were approximately 20 nationally active transgender rights interest groups in the United States, including several relatively well-resourced professional organizations. There are also dozens of active state, local, and regional transgender rights organizations. What have we learned about transgender rights interest groups? First, transgender rights organizing began in the mid-1960s but did not really get off the ground until the mid-1990s. Second, there are probably more transgender rights interest groups operating in the United States today than there ever have been. Third, as the number of stand-alone transgender rights groups has grown, so has the number of broad-based LGB groups who have “added the T,” that is, added advocacy for transgender rights to their missions. Although the scholarly literature on transgender rights interest groups is severely limited, a number of sources, including primary source materials available through transgender and LGBT archives, historical treatments of transgender politics, and the writings and works of transgender activists, shed light on the history and activities of these groups.

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

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

Article

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

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

In the United States, increasing numbers of transgender people are coming forward and working to change legislation to better protect their lives and identities. These changes have come over a long period of time with the work of transgender people and allies. Societal acceptance and support for transgender people has evolved, first in the provision of medical resources allowing for physical changes, and later in legislation supporting and protecting people’s ability to publicly and legally express their gender. However, these changes have not been always been to benefit transgender people as others sought to control and limit people’s ability to express nonnormative genders. Policy changes occur in reaction to transgender people, but at the same time, transgender people have been working to allow themselves the freedom to express their genders freely. Major changes first began when scientists and medical professionals became interested in medical technologies such as hormones and its affects on people’s bodies. It was these discoveries that also interested people who felt dysphoric about their gender expression and saw these procedures as being able to reduce their pain and improve their lives. The movement to utilize surgical techniques soon followed. As more people sought these services, medical professionals developed guidelines to identify those who would benefit from the procedures and how to utilize these technologies safely to help people transition from one gender to another. As more people were able to transition, policies arose to prevent or limit people’s ability to express their identity, but transgender people and allies also organized to counter this movement and propose policies that are more supportive and protective for them.

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

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

The field of empirical scholarship on lesbian, gay, bisexual, transgender, and queer (LGBTQ) political and social movements that developed in the late twentieth and early twenty-first century has much to contribute to analysis of these movements and their political and cultural contexts. Empirical studies have examined LGBTQ movements in comparison to other types of social movements, finding similarities and alliances as well as distinctive elements. We have learned how LGBTQ movements operate in different global and local contexts, as well as how they interact with different kinds of political systems. Scholars have studied how broader social attitudes have evolved and responded to LGBTQ movements, and the way that backlash to these movements operate in different times and places. At the same time, the theoretical literature that grounds and interprets these studies contributes not just to the epistemology of social movements, but to understandings of the purposes of social and political theorizing. Scholars have examined the utility of different frameworks for understanding social movement organizing, such as the use of civil rights, human rights, and sexual citizenship frameworks. Scholars from the social sciences and humanities have at times brought different theoretical approaches to bear on our understanding of LGBTQ movements, evident in different perspectives regarding the theory of homonationalism. Among the exciting intellectual developments of the late 20th and early 21st century is the burgeoning field of trans studies and trans theory, of social and political theory informed by Global South and Indigenous perspectives, and from the queer of color critique literature.

Article

The role of the symbolic child figure has shifted substantially within discourses of LGBT politics and activism in the United States since World War II. From the 1950s well into the 1980s, the putatively heterosexual child was portrayed as the potential victim of homosexuality—victimized by influence, predation, and infection. By the early 21st century, the child had become a figure who was often represented as benefiting from LGBT civil rights—either as the child of lesbian or gay parents whose union was strengthened by the acquisition of civil benefits and protections or as a young gay or trans person struggling to accept a non-normative identity. This cultural shift both reflected and helped generate specific governmental and institutional policies—from the sexual psychopath laws of the 1950s, to the emergence of school-based Gay-Straight Alliances in the 1990s, to the central role of the child in debates over same-sex marriage in the 2000s.

Article

Equal treatment for members of the lesbian, gay, bisexual, and transgender (LGBT) community has improved at a rapid pace around the world since the gay rights movement first rose up to become a salient global force for change. With important regional exceptions, laws criminalizing same-sex sexual relations have not only come down in multiple countries, but same-sex couples can now also construct families in many advanced industrialized countries. Public acceptance of homosexuality, even in some non-Western countries, has increased dramatically. Yet, within those general trends hides the remarkable unevenness in the spread and adoption of policies fostering legal, social, and economic equality for LGBTQ communities around the world. Policy change toward more equal treatment for sexual minorities is concentrated in the developed world and within the cisgender gay and lesbian communities in particular. The existing literature in policy change shows the importance of transnational activists, changing international norms, and increasing levels of secularization have made this possible. But the effectiveness of these factors rests on an underlying foundation of socioeconomic factors based on economic and social development that characterizes advanced industrialized states. There is an uneven distribution of resources and interests among pro and anti-LGBT activist groups alike, and the differing levels of economic development in which they operate that explains the decidedly uneven nature of how LGBTQ human rights have advanced in the past 50 years. In addition, new political parties and activist organizations have emerged to lead the backlash against LGBTQ rights, showing progress is neither inevitable nor linear. In addition, serious gaps in what we know about LGBT politics remain because of the overwhelming scholarly focus on advanced industrialized states and policies that benefit the cisgender, gay and lesbian middle class in primarily Western societies. The study of LGBT politics in non-Western and developing countries is woefully neglected, for reasons attributed to the nature of the research community and the subject area. In the developed world, greater attention is needed to inequality within the LGBTQ community and issues beyond same-sex marriage. Finally, issues of intersectionality and how different groups within the LGBT community have enjoyed most of the benefits of the gay rights movement since its takeoff more than 50 years ago.

Article

Melanie Richter-Montpetit and Cynthia Weber

Queer International Relations (IR) is not a new field. For more than 20 years, Queer IR scholarship has focused on how normativities and/or non-normativities associated with categories of sex, gender, and sexuality sustain and contest international formations of power in relation to institutions like heteronormativity, homonormativity, and cisnormativity as well as through queer logics of statecraft. Recently, Queer IR has gained unprecedented traction in IR, as IR scholars have come to recognize how Queer IR theory, methods, and research further IR’s core agenda of analyzing and informing the policies and politics around state and nation formation, war and peace, and international political economy. Specific Queer IR research contributions include work on sovereignty, intervention, security and securitization, torture, terrorism and counter-insurgency, militaries and militarism, human rights and LGBT activism, immigration, regional and international integration, global health, transphobia, homophobia, development and International Financial Institutions, financial crises, homocolonialism, settler colonialism and anti-Blackness, homocapitalism, political/cultural formations, norms diffusion, political protest, and time and temporalities

Article

Executives in the United States influence politics and policies involving the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. While this is more of a modern phenomenon, presidents and governors actively shape politics that directly influence the community. This allows executives to set the tone of discourse and the eventual result of LGBTQ politics. Most presidents in modern times shaped debate surrounding LGBTQ rights in a positive light, but President Trump’s tone and policies go against recent trends. Executives on every level of government can shape, and have shaped, LGBTQ politics using formal powers, such as executive orders, administrative orders, directives, memorandums, and councils. The various executive documents allow executives to directly set policy through orders or to provide guiding philosophy for how policy should operate. Councils and advisory boards inform executives by providing expertise that executives need to create sound policy. Executives rely on each of the policymaking tools to varying degrees, but all presidents and governors have the ability to use the powers. One often ignored way executives influence policy is by setting the agenda by “going public” to bring the issue to everyday citizens. Executives have shaped many policies that directly affect the LGBTQ community, but three policy areas deserve special focus: the ban on gay and transgender service members in the military, the HIV/AIDS epidemic, and nondiscrimination protections. In each of these cases, multiple executives have stepped in to shape policy and enforcement of regulations. In some cases, this is for the better. For instance, nondiscrimination policies came about in many states using gubernatorial executive orders. In other situations, executive action, or inaction, worked to the detriment of LGBTQ individuals, such as the failure of the Reagan administration to respond to the HIV/AIDS crisis. Executives have influenced policy and implementation of policies since the 1970s. This influence is likely to continue for decades to come, not just with these issues, but in many policy areas that affect the lives of LGBTQ individuals.

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

Hijras are described as eunuchs and intersexed individuals, and they are a subgroup within the transgender community in South Asia. They go beyond Western descriptions of LGBT persons and are better understood as a complex interplay of gender, sexuality, traditions, and kinship. Hijras face social stigma and legal discrimination due to their nonconformance with the gender and sexual norms of hetrosexuality dominant in India’s society. They negotiate their identity through religion and mythology, whereby they undergo rituals of castration and emasculation, by virtue of which they play a significant role in ceremonies and festivals. Previously, legal frameworks like the anti-sodomy law of Section 377 of the Indian Penal Code (IPC) and the lack of a gender category for the transgender in official government documents resulted in discrimination and marginalization of the Hijra community. They faced harassment and violence from the police, medical establishment, and other individuals, and they experienced systemic exclusion from vital social services like employment and healthcare. Legal reform in India, such as the Supreme Court’s recognizing the transgender community as a “third gender” in 2015 and the decriminalization of sodomy in 2018, have been positive steps to improve the status of Hijras. However, inconsistencies in the definition of transgender persons and ambiguity in operationalizing the self-identification process remain, posing a challenge to effective policy implementation. Sociocultural norms of Hindutva and homophobic ideology are still prevalent, resulting in little improvement in the marginalized status of Hijras and the transgender community in India.

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

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

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

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

Law enforcement has a lengthy history of policing LGBTQ communities. Throughout the 20th century, police utilized laws prohibiting same-sex sexual conduct to criminalize LGBTQ individuals, and to target public gathering places including gay bars. Sodomy prohibitions were supplemented by mental health diagnoses including assumptions about criminal pathologies among LGBTQ individuals and the government’s fear that LGBTQ individuals’ sexual perversions made them a national security risk to subject LGBTQ communities to extensive policing based on their alleged sexual deviance. The successes of the gay rights movement led the American Psychiatric Association to declassify homosexuality as a mental health disorder in the 1970s, and the U.S. Supreme Court’s decision that prohibitions on sodomy run afoul of the Constitution ended the de jure criminalization of LGBTQ individuals based on their sexual conduct. Today, policing of LGBTQ communities consists of both overpolicing and underenforcement. Law enforcement regularly profiles some facets of LGBTQ communities in order to selectively enforce general criminal prohibitions on public lewdness, solicitation, loitering, and vagrancy—consistent with the goals of “quality of life” policing—on gay men, transwomen, and LGBTQ youth, respectively. The selective enforcement of these laws often targets LGBTQ people of color and other intersectionally identified LGBTQ individuals in order to criminalize their existence based on ongoing stereotypes about sexual deviancy. In addition, police regularly fail to recognize LGBTQ individuals as victims of crimes, with the exception of particularly heinous hate crimes, and do not adequately attend to their needs and/or subject them to secondary victimization. As such, the relationship between many LGBTQ communities and law enforcement continues to be characterized by antagonisms and mistrust.