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Article

Libertarianism  

Bas Van Der Vossen

Libertarianism is a theory in political philosophy that strongly values individual freedom and is skeptical about the justified scope of government in our lives. Libertarians see individuals as sovereign, as people who have a right to control their bodies and work, who are free to decide how to interact with willing others, and who cannot be forced to do things against their will without very strong justification. For some, the argument in support of this view hinges on the principle of self-ownership. To them, individual rights are morally foundational, the basic building blocks of their theory. Many others, however, take a broader view, arguing that societies flourish when they offer people large degrees of freedom in both personal and economic matters. As a result, libertarianism sees the state as playing at most only a very limited role in matters concerning distributive justice. Libertarians are skeptical about calls to reduce material inequality for its own sake, strongly favor free trade, and defend opening borders for migrants. They see policies that violate these commitments as inevitably involving wrongs against free and equal persons.

Article

Regulation of Sexuality in the Global South  

Michelle L. Dion

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

Article

The Intersection of LGBT Rights and Religious Beliefs in the United States  

Emily R. Gill

Tension has long existed in the United State between the equality claims of LGBT individuals, on the one hand, and free exercise claims by those who hold that compelling equal treatment violates their convictions, on the other. This tension increased, however, after the United States Supreme Court extended marriage equality to same-sex couples nationwide. Equality advocates hold that antidiscrimination laws simply allow LGBT individuals to enjoy the same rights as others. Many religious advocates, however, believe that they are being prohibited from living out the implications of their conscientious beliefs. Neutrality between these conflicting claims cannot be achieved, as policies that appear neutral to one group appear non-neutral to the other. Private voluntary organizations are one site of conflict. Although private organizations should not typically be forced to reflect the values of the larger society, not all organizations are similarly situated within it. Groups such as the Boy Scouts should be able to exclude at will. Public authority does not itself always support the values of free and equal citizenship, and organizations may evolve over time as the Scouts itself has done. Organizations that exist within larger entities, however, fall into a different category. The Supreme Court was correct to uphold Hastings Law School in forcing the Christian Legal Society as a registered student organization to admit all comers. These groups also represent the values of a public entity and can continue to operate as independent entities if they so choose. The provision of services in connection with same-sex weddings and commitment ceremonies has been another site of conflict. In Craig v. Masterpiece Cakeshop (2015), the Supreme Court found narrowly that bakery owner Phillips could refuse to create cakes for same-sex wedding celebrations, as the state of Colorado had displayed animus toward Phillips’s religious beliefs. Commercial establishments, however, are public accommodations and generally should not be allowed to discriminate against customers on the basis of their identities. Discrimination against the activity or conduct of formal commitment is also discrimination against the identity or status of a same-sex couple. These kinds of cases do not admit of neutral solutions. Some suggest that those with religious reservations could advertise that they do not serve same-sex couples, but this is reminiscent of Jim Crow in the post–Civil War South. Jurisdictional pluralists suggest that the government designate a sphere of noninterference as a jurisdictional boundary that it will not cross. Thus individuals and associations with religious commitments would be free to pursue these interests with minimal interference. However, a prior authoritative structure must exist to define the nature and scope of this jurisdiction, just as the Constitution defines the relationships between the national government and the states. Applications for religious exemptions should not be treated more generously when they conflict with LGBT equality concerns than with equality claims based on race or gender. Although religious individuals and groups should be able to exercise their religious convictions within their areas of competence, in a liberal society and state they cannot define the limits of these areas.

Article

What Helps Protect Human Rights: Human Rights Theory and Evidence  

Jessica Anderson and Amanda Murdie

Empirical international relations (IR) theory developed three generalized statements regarding why human rights abuses occur. First, human rights abuses are a way for an unrestrained state, especially the executive branch and its agents, to try to control individuals and hold on to power. Second, respect for human rights is an international norm, and international socialization and pressure about this norm can, in certain situations, affect behavior. Third, the codification of human rights norms into international treaties may influence behavior but, similar to our understanding of the effect of other treaties on state behavior, states only bind themselves weakly, and certain conditions are necessary for treaties to affect human rights.

Article

Elections and the Role of LGBT Issues in the United States and Abroad  

Gabriele Magni

LGBT issues have played an important role in elections. They have been the focus of direct democracy, that is referenda and ballot initiatives in which citizens voted on LGBT rights. The issues considered evolved over time from nondiscrimination ordinances in the 1970s to same-sex marriage bans in the 2000s and transgender rights in the 2010s. Religiosity, partisanship, and ideology generally predicted electoral outcomes. While supporters of LGBT rights have often been defeated at the ballot box, the tide started to change in the 2010s. Beyond direct democracy, LGBT issues have played a role in general elections. The religious right exploited them to mobilize the conservative electorate or to persuade voters to reconsider their party loyalties. The 2004 US presidential election, when same-sex marriage bans were on the ballot in several states, offers an important case study. LGBT actors are also important in elections. LGB voters have generally been more progressive and more supportive of the Democratic Party than the general population. Additionally, the number of openly LGBT candidates has significantly grown over time. In the early years, gays and lesbians running for office faced an electoral penalty but made up for their disadvantage by strategically competing in more favorable districts. By the late 2010s, however, large subsets of the electorate, including Democrats, progressives, nonreligious voters, and people with LGBT friends no longer penalized gay and lesbian candidates. The penalty remained stronger for transgender candidates. LGBT issues have also been important outside the United States, as shown by same-sex marriage referenda in Europe and beyond and by the increasing success of lesbian and gay candidates in the United Kingdom and New Zealand. Future research should explore issues concerning minorities in the LGBT community, the shifting position of right-wing parties on LGBT rights, and the role of LGBT issues and candidates in elections outside the Western world.

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The Convention on the Rights of Persons With Disabilities as a Global Tipping Point for the Participation of Persons With Disabilities  

Paul Harpur and Michael Ashley Stein

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is a historical tipping point, globally precipitating and enabling persons with disabilities to exercise their rights. Prior to the CRPD, laws and practices restricted the capacity of persons with disabilities to be present, let alone empowered, within society. By contrast, leveraging the call of “nothing about us without us,” the disability rights movement precipitated a participatory dynamic throughout the CRPD’s drafting sessions. Disabled peoples’ organizations (DPOs), as nongovernmental organizations, selected their own spokespeople, attended all public meetings, made statements, received copies of official documents, and distributed their own position papers. This involvement has had profound and continuing lasting effects, with participation enshrined in the CRPD’s text and precipitating a new global norm. The CRPD requires full and effective participation and inclusion in society and equality of opportunity. It further requires states to closely consult with and involve persons with disabilities, through DPOs, in decisions, policies, and laws affecting them and to promote DPO development. DPOs are also authorized to implement and monitor the CRPD, thereby facilitating the work of the Committee on the Rights of Persons with Disabilities, which to date has been dominated by independent experts with disabilities. Collectively, these requirements are intended to ensure that persons with disabilities can fully participate in the CRPD’s visionary agenda.

Article

Comparative Abortion Law and Politics  

Udi Sommer and Aliza Forman-Rabinovici

Public debate rages around the world as to if and when a woman has a right to access abortion services. Though abortion policy has become more permissive over time in various places, there are still many countries with severe restrictions. The variety in state abortion policies at the state and regional levels reflects the different religious, cultural, and political attitudes toward this issue. Literature on this topic engages with larger theoretical debates within the study of public policy. That includes definitions of morality policy and determinants of feminist policy. Researchers continue to search for the ideal way to compare permissiveness of abortion policy in light of the extensive variation, conditions, and caveats that exist within abortion legislation. A number of variables, including female political representation, dominant religious groups in the country, and women’s movements have emerged as central correlates with permissiveness of abortion policy. The difference between de jure abortion law and de facto access also constitutes an important part of abortion policy research.

Article

Anti-LGBT and Religious Right Movements in the United States  

Clyde Wilcox

The Christian Right continues to oppose lesbian, gay, bisexual, and transgender (LGBT) rights, but the nature of this opposition has evolved over time—often in conjunction with changes in public opinion. From the formation of groups such as the Moral Majority and Concerned Women in America in the late 1970s through the late 2010s, Christian Right groups and LGBT rights groups have frequently responded to each other’s arguments, strategies, and tactics. The Christian Right of the 1980s used antigay themes and rhetoric to raise money and to motivate its members, but it was not effective in reaching individuals outside of its relatively narrow membership base. In the 1990s and 2000s, a number of more sophisticated Christian Right groups were active at the national level, and a number of state and local-level organizations formed to address LGBT issues specifically. Focus on the Family, for example, took a national approach. Its radio programs reached millions of listeners and its mailing list consisted of 2.5 million names. Focus on the Family’s efforts were aimed at converting sexual minorities and attacking both the “radical homosexual agenda” and the gay rights groups that promoted it. At the same time, Family Research Council (FRC) worked with state affiliates to distribute materials across the country. As public opinion shifted in support of same-sex marriage (SSM), and after the Supreme Court overturned state bans on SSM in Obergefell v. Hodges in 2015, the movement then worked to pass “religious freedom” laws. These laws would allow conservative Christians to refuse to provide services for SSMs, and in many cases allow far broader forms of discrimination. Although the Christian Right was successful in the realm of electoral politics (e.g., the Christian Coalition once claimed to control 35 state Republican Party committees), it has not been able to stop growing public acceptance of LGBT rights.

Article

Direct Democracy and LGBT Politics  

Daniel C. Lewis

While many landmark policies affecting LGBT rights have been determined by legislatures and courts, voters have also often played a more direct role in LGBT politics through direct democracy institutions, such as the initiative and referendum. For example, in 2008 California voters approved Proposition 8, barring same-sex marriage in the state and setting the stage for a key federal court decision in Hollingsworth v. Perry (2013). This followed on the heels of 31 ballot measures to ban same-sex marriage in the previous decade. Direct democracy has also been employed frequently to consider a range of other important issues relevant to the LGBT community, including bans on same-sex couple adoptions, nondiscrimination policies, education policies, and employment benefits. Further, as issues addressing transgender right have emerged on the political landscape, local referendums have addressed public accommodation discrimination, including so-called “bathroom bills,” like the high-profile Houston referendum in 2014. Most of these prominent direct democracy contests have resulted in negative outcomes for the LGBT community, spurring concerns about subjecting the rights of marginalized groups to a popular vote. However, some ballot measures, such as Washington’s 2012 vote to legalize same-sex marriage, have expanded or protected LGBT rights. Yet the effects of direct democracy institutions extend beyond the direct policy outcomes of elections and have been shown to shape the decision-making of elected officials as well. Still, studies of both the direct and indirect effects of direct democracy on LGBT rights reveal mixed results that are contingent upon public attitudes and how the issues are framed. When the public is supportive of LGBT rights and views them through a civil right frame, direct democracy has been used to expand and protect these rights. However, when the public views the LGBT community more negatively and views the issues through a morality or safety lens, LGBT rights are put at risk by direct democracy. As such, direct democracy institutions function as a double-edged sword for the LGBT community, simultaneously offering an opportunity to elevate LGBT rights issues onto the public agenda with a civil rights frame and posing a threat to the community when these issues are viewed in a more hostile manner.

Article

HIV Law and Policy in the United States: A Tipping Point  

Scott Skinner-Thompson

The fight to effectively treat and stop the spread of the human immunodeficiency virus (HIV) has made meaningful progress both in the United States and globally. But within the United States that progress has been uneven across various demographic groups and geographic areas, and has plateaued. While scientific advances have led to the development of medicine capable of both treating and preventing HIV, law and policy dictate who will have ready access to these medicines and other prevention techniques, and who will not. Law and policy also play a crucial role in determining whether HIV will be stigmatized, discouraging people from being tested and treated, or will be identified for what it is—a preventable and treatable disease. To make further progress against HIV, the United States must address healthcare disparities, end the criminalization of HIV, and devote additional resources toward combatting HIV stigma and discrimination.

Article

Distributive Justice for LGBTQ People  

Libby Adler

Leading advocates for lesbian, gay, bisexual, transgender, and queer (LGBTQ) advancement in the United States debate the central objectives of the movement as well as its proper reformist scope. On the libertarian right, gay rights proponents articulate a narrow vision, devoid of race or class consciousness and focused on obtaining formal equality through spare legal reforms—mainly access to marriage and military inclusion. On the left, advocates envision a larger cultural transformation, one that intersects with racial and economic justice and challenges the norms of powerful institutions such as family, capitalism, and the military. A review of empirical research demonstrates that the needs in the LGBTQ community are diverse and, in many cases, urgent. The most privileged, along axes of race and class, may have few concerns apart from protection against discrimination and formal exclusion from major social institutions. Once the full spectrum of LGBTQ demographics and experience are considered, however, such a constricted range of reform objectives reveals itself to be insufficient to address such obstacles as hunger, homelessness, and unemployment. A fresh approach to evaluating LGBTQ legal needs yields an equally fresh set of alternatives to the mainstream legal reform agenda. An intersectionally and distributively cognizant shift in the movement’s direction could advance the needs of the most disadvantaged members of the community, including homeless youth, transgender sex workers, and low-income parents.

Article

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

Andrew R. Flores

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

Article

Beliefs and Stereotypes About LGBT People  

Gary R. Hicks

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

Historical Views of Homosexuality: European Colonialism  

Robert Aldrich

The history of colonialism encompassed diverse meetings between societies and cultures, providing chances for discovery (by both the colonizing and the colonized) of differing sexual attitudes and behaviors. Varying sexual cultures inspired European ethnographical research, relativised sexual certainties and incited both fantasies and moral concern. Eroticised images of foreign men appeared in art, and affective relationships between Europeans and non-Europeans featured in literary works. The sex lives of “natives” and Europeans overseas provided subjects of speculation. The conquest of overseas territories by European and other expanding powers also led to the imposition of Western law codes regulating sexuality, including same-sex relations, gender norms, and marriage. Prohibitions on “sodomy” entered law codes throughout the British Empire, often with provisions of severe penalties. Only in the late 1900s did decriminalization occur in the British settler Dominions, though less often in former colonies in Africa, Asia, and the Caribbean. For European countries where same-sex activity had been decriminalized, such as France, it generally remained legal in the colonies, though surrounded with taboos and social opprobrium. Same-sex desire (and relations between Europeans or between them and indigenous people) appeared in many forms in colonial societies and in the lives of men associated with overseas empires. It was castigated by authorities as a menace to colonial mores but experienced by some men in the colonies as an opportunity for pleasure and a source of male bonding; non-Western sexual cultures provided arguments for both campaigns of “moralization” and for homosexual emancipation in Europe. Occasional scandals underscored the ways in which debates about sexual difference intertwined with colonial-era attitudes and policies.

Article

LGBT and Queer Politics in the Commonwealth  

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

LGBT Movements in Taiwan, Hong Kong, and China  

Travis S. K. Kong, Hsiao-wei Kuan, Sky H. L. Lau, and Sara L. Friedman

Although Taiwan, Hong Kong, and China broadly share common social and cultural norms rooted in Confucian values and culturally Chinese family ideals, they have developed distinct political and economic trajectories since 1949 that have created very different possibilities for LGBT movements. Coming from the conservative political, social, and moral milieu of the 1950s through the 1970s, in the 1980s and 1990s, these societies witnessed a blooming of sexually alternative, even queer, cultural productions, commercial venues, and political activism, together with distinctive “gay,” “lesbian,” or tongzhi identities, among other self-identification labels. By the late 20th century, flows of people, ideas, concepts, and relationships had grown increasingly salient for emerging terms of identification and modes of organizing in all three societies. The diverse combinations of democracy, socialism, authoritarianism, and postcolonialism have shaped the content and direction of sexuality-based identities and sexual rights movements in these three societies. How explicitly these communities pursued visibility and claimed sexually specific identities, however, varied significantly both internally and in comparison across the three societies. The shared histories have created significant commonalities across the region; yet the different degrees of physical and societal openness and the extent of access to domestic and foreign interlocutors in these three societies have produced striking differences in LGBT citizens’ ability to claim diverse rights and protections under multifaceted forms of sexual citizenship.

Article

Sexual Orientation and Gender Identity in International Institutions  

M. Joel Voss

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.

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Transgender-Specific Politics and Policy in Asia  

Natasha Israt Kabir and Khadiza Tul Qubra Binte Ahsan

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

Article

Spain’s LGBT Movement  

Kerman Calvo and J. Ignacio Pichardo

The LGBT movement has been successful in improving the legal and social standing of sexual minorities in Spain; this includes the recognition of same-sex marriages, joint adoption, and the right to change identification in public registers. The movement has also contributed to a wider acceptance of LGBT diversity at the societal level. LGBT mobilizations in Spain started in the 1970s, with the transition toward democracy. The first political generation of activists believed in gay liberation, supported revolutionary ideas, and defended street protesting. This did not prevent activists from seeking collaboration with the state, as urgent legal action was required to end the criminalization of homosexual relations. After a decade of demobilization, a new generation of activists revamped LGBT activism in Spain during the 1990s, again with a well-defined political agenda: reacting to the devastation caused by AIDS, and also to the changes taking place in the international stage, the new “proud” generation demanded not only individual rights, but also family rights. The legalization of same-sex marriage (and joint adoption) in 2005 was the outcome of a vibrant cycle of mobilization. Contrary to some expectations, the Spanish LGBT movement has not become the victim of its own success. By shifting its attention toward the goal of substantive equality and by reaching out to new communities, the movement remains influential and vigilant against threats posed by the consolidation of new forms of conservative countermobilization.

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Canada’s LGBT Movement and Interest Groups  

David Rayside

The Canadian LGBT movement has had enormous success in gaining political and legal recognition for sexual minorities—as much as any of its sister movements in other countries. This is especially remarkable because the sexual repressiveness of the Canadian social and political climate remained largely in place until the 1990s. And although activist groups across the country have had challenges in marshalling resources, mobilizing beyond the regional level, and overcoming internal inequities, advocacy pressure has been effective enough to produce a political sea change with few precedents in other issue areas. Starting in the 1990s, Canada experienced a country-wide “takeoff” in the formal recognition of sexual diversity, most dramatically in the legal status given to same-sex relationships. Even if a vocal minority of the general public opposed such moves, the acceptance of sexual minorities as legitimate members of the Canadian mosaic has become politically normalized. Sexual diversity is far from being fully accepted, and those communities traditionally under-represented in the LGBT movement still face marginalization in a period of growing socioeconomic inequality. But the movement has made impressive gains, aided by social and institutional factors that have allowed activist leverage when the political winds blew in their favor. This success, however, presents new challenges, creating complacency within and beyond LGBT circles and increasing the difficulty of mobilizing people and resources. The decline of religiously conservative opposition to the public recognition of sexual diversity in Canada has also created room for the movement to become more fragmented than it has been in the past. And yet there is still much need for advocacy. Socially conservative politicians are still pandering to public anxiety about recognizing sexual diversity. Activist attention is still needed in areas such as schooling, policing, social service provision, and immigration. Trans people, “two-spirited” Indigenous people, and sexual minorities within Canada’s large ethnocultural and religious minorities are often on the margins of their own communities, the broader society, and the LGBT movement itself. From the early 1970s through the mid-2000s, the Canadian movement’s trajectory was similar to activism elsewhere. A “liberationist” period generated a long-lasting strand of radicalism alongside a slowly growing current focused on seeking rights through mainstream political channels (Adam, 1987, 1999). The analysis to follow first points to distinctive elements of the Canadian social and political context and then traces the evolution of what would become the LGBT movement from these early stages and into a period of legal and political “takeoff.” It points to strong commonalities in movement agendas, even across imposing regional lines, but also recognizes the challenges of mounting coherent movement responses to remaining inequities in a political environment so marked by activist success.