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Article

LGBTQ Family Law and Policy in the United States  

Erin Mayo-Adam

There is a growing body of research on law and policy concerning lesbian, gay, bisexual, transgender, and queer (LGBTQ) family law and policy. LGBTQ families have existed for centuries despite laws and policies that criminalize their relational practices. However, the legal landscape has shifted a great deal over the past few decades, in large part due to the increased visibility of LGBTQ kinship networks and new constitutional protections for same-sex marriage. With this said, legal protections for LGBTQ families vary widely by state, especially parental, adoption, and foster care rights. Historically, family law and policy has fallen within the realm of state power, with some important exceptions (e.g., the Supreme Court has recognized a fundamental right to parent for legal parents). For this reason, there are broad protections afforded to LGBTQ kinship networks in some states, especially those with large urban and more liberal populations, and barriers that stand in the way of LGBTQ parental rights in other states that are more conservative or rural. The legalization of marriage equality in Obergefell v. Hodges did standardize some protections for same-sex couples in traditional relationships across the United States. Yet the case also presents new problems both for LGBTQ families that are more heteronormative and those that are not because it fails to recognize a fundamental right to parent for LGBTQ people who create non-biological families and live non-traditional lives. In addition to these legal and policy changes, social scientists have used both qualitative and quantitative methodologies to shed light on the problems faced by LGBTQ families politically and legally. Researchers have examined how LGBTQ families attempt to protect their ability to parent in family court, how LGBTQ kinship networks identify innovative legal and political strategies aimed at overcoming barriers to legal recognition, and how LGBTQ identity is both constituted and made invisible through family law. Furthermore, scholars have produced a wealth of research refuting the myth that LGBTQ people are inadequate parents since the late 1980s and this research has been used in court cases across the United States to facilitate the legal recognition of LGBTQ families. Despite this research, gaps in both scholarship and legal recognition remain. Scholarship remains startlingly sparse given the legal and political barriers that stand in the way of LGBTQ family recognition, especially for LGBTQ people of color and trans and queer people. In order to address this gap, scholars should devote more resources to research on families that include LGBTQ people of color and trans and queer people, research on non-traditional queer kinship networks, and research on the unique ways that LGBTQ families are responding to political and legal barriers at the local level.

Article

State-Level Public Opinion and Public Policy on LGBT Issues  

Sarah Poggione

Initial research at the state level argued that there was little relationship between citizen preferences and policy. Later work successfully contested this view. First using state demographics or party voting as proxies for state opinion and then later developing measures of state ideology and measures of issue-specific state opinion, scholars found evidence that state policy is responsive to public preferences. However, lesbian, gay, bisexual, and transgender (LGBT) policies are often recognized as distinct from other policy areas like economic, welfare, and regulatory issues. Scholars note that LGBT policies, due to their high saliency and relative simplicity, promote greater public input. Research on LGBT policies demonstrates the effects of both ideology and issue-specific opinion, exploring how the linkage between opinion and policy differs across more and less salient policy areas. This work also examines how political institutions and processes shape democratic responsiveness on LGBT issues. Recent research also considers how LGBT policies shape public opinion. While these strands in the literature are critical to understanding LGBT politics in the United States, they also contribute to the understanding of the quality of democratic governance in the U.S. federal system and the mechanics of the linkage between public opinion and policy.

Article

The Evolution of Same-Sex Marriage Policy in the United States  

Sarah Poggione

On June 26, 2015, the U.S. Supreme Court determined that same-sex couples have the right to marry, and newspapers across the country declared that gay couples could now exercise this right in all 50 states. While the Obergefell decision was an important moment in history and a significant victory for the LGBT movement, it was not an immediate and complete change in policy. Rather, the change emerged slowly over decades from numerous complex interactions among federal, state, and local governmental actors. These same actors continue to influence marriage equality even after the Supreme Court’s historic ruling. A careful consideration of the path of marriage equality demonstrates the importance of federalism in the evolution of policy in the U.S. context. Not only does the extent of federal involvement influence state decision-making, but state policies also respond to the policymaking processes in other states. Examining the progression of marriage rights for same-sex couples also illustrates how variation in state government institutions shape policy outcomes in the U.S. system. For example, aspects of state courts such as judicial capacity influence the nature of state policy responses on the issue of gay marriage. Finally, focusing on marriage equality provides an opportunity to consider how institutions of government and political actors strategically interact to influence the policymaking process. For example, advocacy coalitions make strategic choices to focus on levels and institutions of government that are more responsive to their interests. Overall, same-sex marriage policy and the scholarship that investigates it highlight the complex and sometimes convoluted development that characterizes the policymaking process on many important issues in American politics and society.

Article

Courts, the Law, and LGBT Politics in India  

Saatvika Rai

In India, Section 377 of the Indian Penal Code (IPC) criminalized sodomy (penile nonvaginal sexual acts) in 1860 during British colonial rule. Under this law and the traditional cultural norms, the LGBT community faced harassment and violence from the police, medical establishment, religious and conservative organizations, and families. The Indian queer movement mobilized in the early 1990s, primarily through activism for legal reform. Criminalization of sodomy prevented the LGBT community from freely mobilizing in public spaces, reporting acts of violence and harassment, and coming forth for testing and treatment of HIV/AIDS, and therefore was an impediment to their health and well-being. LGBT rights groups challenged the constitutionality of Section 377 on the basis of violating the right to equity (Article 14), nondiscrimination (Article 15), freedom (Article 19), and life and privacy (Article 21). Decriminalization of Section 377 has been a long, three-decade battle in the courts involving multiple judicial rulings. In 2009, the Delhi High Court decriminalized sodomy and declared Section 377 unconstitutional. The ruling was challenged by conservative and religious groups in the Supreme Court for going against social norms, threatening the institution of marriage, and promoting homosexual practices that would increase the spread of HIV/AIDS. In 2013, the Supreme Court heard the case, overturned the High Court ruling, and recriminalized Section 377. The Court declared that Section 377 was constitutional and applied equally to all persons. Thereafter, the Supreme Court passed three other judgments that directly impacted Section 377: It expanded the rape laws under Section 375 of the IPC to include penile nonvaginal acts (2013), provided legal rights to the transgender community as a nonbinary third gender (2014), and established the right to privacy under the Constitution (2017). The Supreme Court reassessed its decision, and on September 6, 2018, decriminalized Section 377 in a historic judgment. Legalizing queer sexuality was a positive step forward., yet considerable legal reform is still needed. The LGBT community still lack civil rights such as marriage, adoption, tax benefits, inheritance, and protection in the workplace. LGBT rights mobilization through the Indian courts has evolved from a focus on HIV/AIDS and health to broader human rights and privileges as equal citizens.

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

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: Ancient Greece  

Thomas K. Hubbard

Ancient Greece featured at least five different varieties of same-sex relations: (a) pederastic relations, typically between adolescent boys and adult men who were not yet married; (b) relations between male youths of approximately the same age; less frequently (c) homosexual relations between fully adult men; (d) age-differentiated relations between females; and (e) relations between adult females. The origins of pederasty appear to be related to the relatively late age of marriage for males, which evolved as a response to needs to limit population growth in the scarcity-driven economy of the 7th century bce. The contexts of pederastic socialization (athletics, military comradeship, hunting, cockfighting, and intellectual/musical performance at elite symposia) point toward masculinizing pedagogy and mentorship as key social functions. However, social attitudes toward pederasty were not uniform throughout all Greek city-states in all periods. Evidence from several domains suggests that as Athens became more democratic and saw greater distribution of prosperity throughout all social classes, the age of male marriage declined; larger families became socially desirable, while non-procreative alternatives to marital sexuality became less fashionable and even morally dubious. What had always been characterized as an elite habitus during the archaic period and first half of the 5th century no longer seemed at home in a political system where appeal to the common man defined success and popularity. Some philosophical texts from the 4th century bce characterize physical sex between males as para physin (“beyond nature”), whereas others recognize the possibility that it is determined through natural processes grounded in anatomy or spiritual heredity. Of most interest for modern politics is the question of what Greek historical evidence can tell us about the ability of adolescent boys to consent to intimate relations with adult men. Modern jurisprudence, especially in the United States, assumes a universal inability to provide informed consent until well after the onset of puberty, and even voluntary relations between adolescent boys and men are heavily sanctioned in the criminal justice system. Although classical Athens featured a robust tradition of criticizing pederasty for a number of reasons, the notion that pre-adult sex with an older partner was psychologically harmful to boys was not among them. The Greeks viewed adolescent (and even younger) boys as inherently sexual, and the widespread practice of nudity in athletic exercise and daily life conditioned Greek boys to a greater degree of frankness and physical disinhibition. Both iconographical and textual evidence show that Greek adolescents were quite capable of rejecting adult suitors or discontinuing relationships that no longer pleased them.

Article

Historical Views of Homosexuality: European Renaissance and Enlightenment  

Gary Ferguson

Spanning the Renaissance and the Enlightenment—the 15th/16th to the 18th centuries—the early modern period in Europe sees a fundamental evolution in relation to the conception and expression of same-sex desire. The gradual emergence of a marginalized homosexual identity, both individual and collective, accompanies a profound transformation in the understanding of the sexed body: the consolidation of two separate and “opposite” sexes, which sustain physiologically grounded sexual and gender roles. This new paradigm contrasts with an earlier one in which masculinity and femininity might be seen as representing points on a spectrum, and same-sex desire, perceived as potentially concerning all men and women, was not assimilable to a permanent characteristic excluding desire for and relations with members of the other sex. These developments, however, happened gradually and unevenly. The period is therefore characterized by differing models of homosexual desire and practices—majoritizing and minoritizing—that coexist in multiple and shifting configurations. The challenge for historians is to describe these in their full complexity, taking account of geographic variations and of both differences and continuities over time—between the beginning of the period and its end, between different points within it, and between early modernity and the present or the more recent past. The tension between similarity, identity, and the endurance of categories, on the one hand, and alterity, incommensurability, and rupture, on the other hand, defies dichotomous thinking that would see them as opposites, and favor one to the exclusion of the other. In making such comparative studies, we would no doubt do well to think not in singular but in plural terms, that is, of homosexualities in history.

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

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.

Article

Transgender-Specific Policy in Latin America  

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

Transgender-Specific Politics and Policy in Europe  

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

Europe’s LGBT Movement  

Douglas Page

Research on LGBT+ politics in Europe grew over the past few decades, paralleling societal changes regarding increased support for LGBT+ people. Competing examples of the two themes that are structured by support of LGBT+ people regarding LGBT+ rights, “progress/advancement” and “backlash/losses,” show the growing substantiation of gay rights and tolerance over the past few decades. Political debates regarding LGBT+ rights also have engendered more organized opposition to LGBT+ rights, often in the form of right-wing movements. Studies often are structured around public opinion, policy/legislation, or social movements. Critical theory regarding LGBT+ politics in Europe unpacks the implications of contemporary identity categories and political activities (that structure political science research), and the resulting exclusions especially with regard to gender identity. The following research objectives can help expand the study of LGBT+ politics in Europe: (1) to build from existing historical research regarding the social and legal construction of gender, sexuality, and the regulation of homosexuality, (2) to situate Europe in a global context which shows that European states increased persecution against homosexuality around the world, (3) to carry out more explicitly intersectional studies that show how groups representing multiple identities and institutional contexts can cooperate when facing intersecting sources of marginalization, and (4) to illuminate how sexual violence can stem from political institutions and recognize sexual violence as a central component of gender and sexuality.

Article

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.

Article

Mobilizing the Invisible: Power and Marginality in the Black LGBTQ Community  

Ravi K. Perry and Aaron D. Camp

Symbolic and structural inequities that seek to maintain White supremacy have sought to render Black LGBTQ Americans invisible in the body politic of powerful institutions that govern society. In the face of centuries-long oppression at the hands of the state, Black LGBTQ Americans have effectively mobilized to establish visibility on the national policymaking agenda. Members of this community have demonstrated a fierce resilience while confronting a violent anti-Black and anti-LGBTQ mainstream agenda narrative in media and politics. This sociopolitical marginalization—from members of their shared demographic, or not, is often framed in partisan or ideological terms in public discourse and in the halls of American political institutions. Secondary marginalization theory and opinion polling frame how personal identity and social experience shape the Black LGBTQ political movement’s expression of what participation in politics in the United States ought to earn them in return. Double-consciousness theory contextualizes the development of Black LGBTQ sociopolitical marginalization in the United States and the community’s responsive mobilization over time—revealing the impact of coalition building and self-identification toward establishing political visibility necessary to improve the lived conditions of the multiply oppressed.

Article

Theoretical Perspectives on LGBTQ Movements  

Jyl Josephson

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

LGBTI Transnational Law: Sex as Crime, Violence as Control  

Berta Esperanza Hernandez-Truyol

It is impossible to divorce the criminalization of LGBTI conduct from the social, institutional, and extra-legal violence to which individuals within this community are subjected, as laws are a mirror of a society’s values. The foundation for laws that punish non-hetero-normative sexualities and gender expressions are societal constructions of hetero-normativity. Lawmakers codify their generalized views about what roles persons should fulfill or perform based on preconceptions regarding the attributes, behaviors, or characteristics of a person, class, or group. Non-hetero-normative sexual orientations and gender identities challenge traditional notions of sexuality and gender. Violence is used as a way to control the bodies of those who exhibit non-heteronormative traits and values, as well as a form of social control to reinforce sexual and gender norms. The distinctions countries create in the targeted illegality of “male” and “female” homosexuality demonstrate the conflation of sex, gender identity, and sexual orientation. Laws that ban expressive conduct and effectively eliminate lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from public discourse have historical roots in Christian and Muslim religious traditions. Whether codified or not, violence against LGBTI individuals is a consequence of deeply embedded gender inequality. Such inequality manifests in social and physical violence that ultimately punishes, controls, and erases LGBTI persons. Although international bodies have reacted against such violence by ratifying legal instruments to protect the LGBTI community, changing social conditions and preconceptions has proven to be the most effective route to protecting LGBTI persons’ human rights.

Article

LGBT Politics and the Legislative Process  

Donald P. Haider-Markel and Abigail Vegter

National, state, and local legislatures develop and debate most of the LGBT-related public policy in U.S. legislatures, which is also where LGBT groups can often best represent the interests of their community, even if the outcomes are not always ideal. Most of the progress on legislation that expands protections for LGBT people has occurred when advocates can garner at least some bipartisan support, and some issues, such as HIV/AIDS, have attracted significantly more bipartisan support. Although Democratic legislators have tended to be more supportive than Republican legislators, legislator behavior is influenced by a variety of forces, including constituency opinion, interest groups and lobbyists, and religious traditions, as well as personal and family experience.

Article

HIV/AIDS Politics and Policy in Sub-Saharan Africa  

Catherine van de Ruit

Sub-Saharan Africa has the world largest proportion of adults and children living with AIDS. To mitigate the multiple consequences of the epidemic, novel forms of governance arose as international organizations usurped the roles traditionally played by states; new funding streams emerged that led to asymmetries in biomedical resource allocation; and diverse partnerships among international agencies, nation-states, and local and international nongovernmental organizations emerged. Global health actors attempted to define AIDS policy and programming as an apolitical biomedical intervention. However, political dynamics were evident in the negotiations between international donors and African state bureaucracies in setting AIDS policy agendas and the contestations between African and international social movements and global health agencies over AIDS treatment drug prices and access to treatment interventions across the continent. During the first two decades of the African AIDS epidemic (1980–2005) the dominant approach to AIDS disease mitigation was the focus on AIDS prevention, and across sub-Saharan Africa standardized prevention interventions were introduced. These interventions were founded upon limited evidence and ultimately these programs failed to stem rates of new HIV infections. Social movements comprising coalitions of local and international activists and scientists brought extensive pressure on global health institutions and nation-states to reform their approach to AIDS and introduce antiretroviral therapy. Yet the path toward universal provision of antiretroviral treatment has been slow and politically contentious. By the second decade of the 21st century, antiretroviral therapy interventions together with AIDS prevention became the dominant policy approach. The introduction of these initiatives led to a significant decline in AIDS-related mortality and slowed rates of transmission. However, health disparities in treatment access remain, highlighting ongoing shortcomings in the political strategies of global health agencies and the public health bureaucracies of African states.

Article

HIV/AIDS Politics and Policy in Europe  

Paul DeBell

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