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Article

Brazil’s LGBT Movement and Interest Groups  

Jacob R. Longaker

Brazil has boasted a vibrant and creative LGBT movement since the late 1970s. Early organizing focused on consciousness-raising, the formation of a collective identity, and political opposition to the military dictatorship (1964–1985). These years saw transformations in understandings of individual and collective identity, publications in an early homophile press, and successful experiences organizing in homosexual gay and lesbian groups. In the late 1980s, with the advent of HIV/AIDS and re-democratization, the movement began a turn to institutionalized politics and public policy. Strategic engagement with the state as legally registered civil society organizations established a framework for a routine and cooperative relationship in policy and policymaking. This occurred first for HIV/AIDS service provision and later for LGBT citizenship. By the 1990s, the movement embraced identity politics and grappled with an explosion of advocacy on behalf of identity groups that make up the alphabet soup of LGBT politics, particularly lesbian and transgender rights groups that had been less visible in earlier years. Movement successes, such as same-sex partnership recognition, gender-identity recognitions, and policy programs against violence, have been accomplished primarily through engagement with the judiciary and executive, not the legislature (nor electoral politics). The legislature and electoral politics have failed to produce significant gains in LGBT-friendly policy at the national level; however, state and municipal LGBT-friendly policy exists. Moving forward, persistent challenges include divisive partisan [identity] politics within the movement, concerted opposition from conservative evangelical politicians, and volatility of the national political context. These challenges jeopardize policy successes that the movement has made through rather precarious executive and judicial avenues.

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Hate Crimes Against LGBT People in the United States  

Liz Coston

Hate crimes (or bias crimes) are crimes motivated by an offenders’ personal bias against a particular social group. Modern hate crimes legislation developed out of civil rights protections based on race, religion, and national origin; however, the acts that constitute a hate crime have expanded over time, as have the groups protected by hate crimes legislation. Anti-LGBT hate crimes, in which victims are targeted based on their sexual orientation or gender identity. LGBT people are highly overrepresented as victims of hate crimes given the number of LGBT people in the population, and this is especially true of hate crimes against transgender women. Despite the frequency of these crimes, the legal framework for addressing them varies widely across the United States. Many states do not have specific legislation that addresses anti-LGBT hate crimes, while others have legislation that mandates data collection on those crimes but does not enhance civil or criminal penalties for them, and some offer enhanced civil and/or criminal penalties. Even in states that do have legislation to address these types of hate crimes, some states only address hate crimes based on sexual orientation but not those based on gender identity. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act gives the federal government the authority to prosecute those crimes regardless of jurisdiction; however, this power has been used in a limited capacity. Hate crimes are distinct from other crimes that are not motivated by bias. For example, thrill seeking, retaliation, or the desire to harm or punish members of a particular social group often motivates perpetrators of hate crimes; these motivations often result in hate crimes being more violent than other similar crimes. The difference in the motivation of offenders also has significant consequences for victims, both physically and mentally. Victims of hate crimes are more likely to require medical attention than victims of non-bias crimes. Likewise, victims of hate crimes, and especially anti-LGBT hate crimes, often experience negative psychological outcomes, such as PTSD, depression, or anxiety as a result of being victimized for being a member of an already marginalized social group.

Article

Italy’s LGBT Movement and Interest Groups  

Massimo Prearo

The Italian LGBTQI+ movement emerged in the 1970s in the context of the 1968 and post-1968 protests. Its history is characterized by a discontinuous trajectory, marked by several key moments of internal divisions and conflicts, related to political events, such as the alliance with the Radical Party, in the mid-1970s, or the approval of the same-sex Civil Unions Bill, in 2016. In the history of the Italian LGBTQI+ movement, three moments in particular can be identified that have led from the first revolutionary homosexual front (FUORI), an anti-institutional one, to the foundation of a structured and organized, and then institutionalized, movement both at a local and national level: 1974–1985, a founding moment; 1996–2000, a re-founding moment; 2016–2018, a reconfiguration moment. An intra-comparative diachronic analysis, within the Italian national context, shows how confrontations between different meanings and projects of what an “LGBTQI+ movement” is and has to be have led Italian activists to shape specific social movement organizations and practices.

Article

Attitudes Toward LGBT People and Their Rights in Europe  

Kath Wilson

Attitudes toward LGBT people have changed in Europe since the 1990s; there is generally much more tolerance and acceptance. Evidence drawn from surveys and research projects including the European Social Survey, European Values Study, and Pew Research Center illustrate the types of attitudes that have changed, and in which European countries change has occurred. A comparison of attitudes and tolerance across Europe indicates that some countries and groups of countries are more accepting of LGBT people. North-western European nations appear high in the tolerance rankings of trend surveys, while more easterly European nations have not always followed this progression. Indeed, in cases such as Russia and Chechnya, “propaganda laws” have denied LGBT people basic human rights. Hostility toward and violence against LGBT people is perpetrated with seeming impunity in these areas. Factors that influence attitudes toward LGBT people and their rights include democracy and economic development, religiosity, global forces, and degrees of contact. There is a clear link between legislation and attitudes; in countries where legislation is in place and, for example, where same-sex marriage is legal, surveys overwhelmingly show a higher acceptance of LGBT people. Legislation is a powerful influence in shaping social attitudes, so it is important to consider the legislation adopted by various European countries. Institutions such as the European Union are effective in providing protections for LGBT citizens as well as leading on areas such as the Common European Asylum System (CEAS). There has been “pushback” in terms of change and one of the more contested areas is same-sex marriage. While the trend since the late 20th century has seemed to be toward introducing same-sex marriage, a number of countries, largely in Eastern Europe, have introduced constitutional bans on same-sex marriage, defining marriage as solely between a man and woman. The position of trans and non-binary people is particularly perilous since there is very little legislative protection in place for them. There has been a positive change in attitudes and legislation across Europe which has enhanced the lived lives of LGBT people; these changes, however, have not been even or uniform across the area.

Article

Global Anti-LGBT Politics  

Barry D. Adam

Anti-LGBT politics around the world have undergone a major transformation over the last half century. While European powers once held themselves up as defenders of Christian morality and patriarchy, characterizing Asia, Africa, and the Americas as locations of sexual disorder, in the 21st century many of the countries of the Global South construct LGBT sexualities as pathological, threatening, or criminal, while many countries of the Global North incorporate sexual orientation in a discourse of human rights, democracy, and individual freedom. Many of the social forces of nationalism and populism of the early 21st century place the well-being of LGBT citizens in jeopardy, and conflicts between these divergent visions of the good society continue to have grave consequences for LGBT people around the world.

Article

The Political Economy of LGBT Rights  

Scott N. Siegel

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

Democratic Rollback in Africa  

Lise Rakner

There is a global trend of democratic retrenchment across the world, in both new and more established democracies. The African continent is part of the trend, although there are distinct regional variances on the continent. Yet, despite democratic gains in some states and along some dimensions of democratic rights, the overall trend is that the democratic gains won in the period after 1990 are now eroding. Democracy is challenged in ways that pose threats to freedom of speech, association, and information, the ability to choose political leaders, protection of personal integrity and private life, and the rule of law with recourse to independent courts. As part of a global trend of democratic backsliding, African states have adopted legal restrictions on key civil and political rights that form the basis of democratic rule in a range of countries, from dominant party regimes such as Zimbabwe, Rwanda, and Tanzania to competitive electoral democracies like Zambia, Senegal, and Malawi. In South Africa, where democracy and rule of law appear deeply institutionalized, the succession battles and exposed levels of corruption under President Zuma, now removed from the leadership of the ANC party, suggest a weakening of the institutions intended to check executive powers. The September 2017 court annulment of the Kenyan elections suggests that the courts were able to perform an important accountability function and safeguard free and fair elections. Yet, the aftermath of the 2017 Kenyan elections culminated in early 2018 with President Uhuru Kenyatta closing down television and radio stations. Civil society actors, policy makers, and scholars warn against the democratic backlash and its negative implications for domestic and international politics. Internationally, the African democratic backlash challenges global actors who have long pressured developing countries to politically liberalize. Yet, following what appears to be a global trend of democratic backsliding, space for international influence and the spread of liberal norms is closing rapidly. Domestically, the observed backlash against democracy may pose further social and political threats with wide-reaching implications for development. This may, in turn, challenge the implementation of Sustainable Development Goals (SDGs). Whereas closing space for civil society impacts first and foremost on voice and participation, restrictions on civil society ultimately may curb even the most seemingly apolitical activities such as humanitarian relief. At present, there is limited understanding of possible response mechanisms to the conscious attempts at democratic rollback from political elites. How do activists come together to advocate for particular rights? When are activists more effective in generating mass citizen support for their campaigns? How can researchers, international actors, and domestic civil society organizations work together to disseminate and use knowledge about organizational resilience in these circumstances? These will be pressing questions for scholars and activists going forward.

Article

LGBTQ Migration Politics  

Erin Mayo-Adam

Lesbian, gay, bisexual, trans, and queer (LGBTQ) migration is significantly understudied in the field of political science. The discipline has historically siloed the study of minority communities into different subcategories that have very little intellectual crossover. LGBTQ experiences are mostly absent in scholarship on migration, while scholarship on LGBTQ people tends to focus on white lesbian and gay citizens. As a result, there is a gap in political science scholarship when it comes to intersectionally marginalized people like LGBTQ immigrants. However, there is a burgeoning, interdisciplinary field that examines the politics of queer migration and spans a multitude of humanities and social science fields, including ethnic studies, American studies, history, anthropology, and sociology. Like other humanities and social science fields, political science scholars should engage more directly with the interdisciplinary study of queer migration politics. Queer migration research encompasses overlapping subject areas that include studies on migration and gender and sexuality norms; queer complicities and migration; and queer migration and political movement formation. Scholars who study the politics of queer migration analyze how anti-normative sexualities and gender identities are constituted through migration processes and institutions. Thus, queer migration politics research is a sprawling field with studies that range from critiques that reveal how contemporary queer asylum seekers are marginalized and criminalized by the immigration state apparatus to historical studies that contemplate the formation of anti-normative identities in 19th-century Gold Rush migrations. Political science research can more actively engage in this area of interdisciplinary study by bringing queer migration studies concepts like homonationalism and homonormativity into transnational and comparative politics research, by expanding scholarship on prisons and mass incarceration to include the experiences of queer and trans migrants of color in immigration detention, and by examining how queer complicities are at work in LGBTQ social movement politics.

Article

Homosexuality in Francophone West Africa: The International Context of Local Controversies  

Christophe Broqua

Since the mid-2000s, certain expressions of hostility against homosexuality in Africa have received wide international media coverage. In different countries, one of the main targets of this hostility is gay mobilizations. At the same time, these expressions of hostility often promote the development of gay mobilizations. Thus, taken together, these opposing mobilizations form a system, as shown in the cases of Senegal and Côte d’Ivoire in West Africa. Each of the two contexts presents specific local characteristics. In Senegal, the 2000s saw a rise in political Islam. In this context, the gay man gradually became a figure used variously in public debate, with power struggles within political and religious spheres influencing positions on homosexuality. In Côte d’Ivoire, the situation must first be understood through the political crisis affecting the country since the early 2000s and its ambivalent relationship with France, particularly since the post-election crisis of 2010–2011. In both countries, the opposing mobilizations are not limited to “social movements” in the strict sense but involve myriad heterogeneous actors (including at least one or more quasi-official gay groups) focused on a single problem, who sometimes work haphazardly and generally in opposite directions. Added to this heterogeneity of actors are their public positions which offer few clues to easily separate them into pro- and anti-camps. The fact remains that a disconnect often exists between the most prominent actors. However, this distinction is also ambiguous in that it subjects the opposing mobilizations to an interdependence: not only that the actions of one side can largely depend on another’s, but that another’s actions can also benefit actors. Finally, the controversies playing out in and dependent on specific national contexts are also largely constructed in relationship with the “international,” both as a context and an actor, and more generally as a reference figure.

Article

Russian and Eastern European LGBT Movements and Interest Groups  

Conor O'Dwyer

The development of LGBT movements and interest groups in Eastern Europe and the former Soviet Union reflects the region’s unique political development with respect to the experience of communism, the transition to democracy in the 1990s, the expanding influence of international institutions like the European Union (EU), and, most recently, trends of democratic backsliding and even reversion to outright authoritarian rule in some countries. Each of these aspects of the region’s political development has engendered debate among scholars and activists. There is consensus that the experience of communism strongly circumscribed not only the possibilities for activism but also, in some instances, even the possibilities for articulating LGBT identities. Nevertheless, a survey of the scholarship on postcommunist LGBT politics indicates divergent trajectories between countries of the former Soviet Union, where LGBT identities are less established and activism is less organized, and the former satellite states of Eastern Europe, whose experience under communism was shorter and, arguably, less intense. Without ignoring the evident deficits of Eastern Europe’s LGBT activism in the 1990s, its LGBT people benefited relative to counterparts in the former Soviet Union from a generally more successful transition to democracy and a greater degree of exposure to West European institutions, in particular the EU. The process of applying for EU membership, many scholars argue, advantaged these countries’ LGBT movements vis-à-vis their counterparts in the former Soviet Union by pressuring national governments to be more accommodating and by socializing elites and publics to Western Europe’s comparatively tolerant values and LGBT rights norms. Adjusting to these norms was sometimes contentious, but several scholars argue that, where conservative backlash against LGBT rights occurred during the EU’s first round of expansion in 2004 to 2007, it generally helped domestic activism by increasing its visibility and level of organization. Not all are so optimistic about the EU’s impact on LGBT activism, however, particularly those studying Yugoslavia’s successor states, for whom the EU accession process occurred later or is still ongoing. These scholars emphasize the difficulties of squaring EU norms about LGBT rights with national identity, particularly given the EU’s sometimes colonial-like relations with postcommunist societies. Others note that transnational rights advocacy supported by the EU has been matched by the rise of transnational antigay activism, and that the clash of transnational activism stalemates domestic progress on LGBT-friendly policies. Such critiques appear increasingly relevant as trends of democratic backsliding have emerged since the 2010 world financial crisis in former “success cases” of postcommunist transition and EU integration, notably Hungary and Poland. The latter’s democratic backsliding occurs within the larger context of Russia’s reversion to authoritarianism after the brief political opening of the 1990s. Across these three countries, governing elites have shown a readiness to make use of LGBT issues to define their illiberal ideologies and to mobilize voters. Whether these developments portend a narrowing of differences among LGBT movements in the former Soviet Union and Eastern Europe is a key question for future scholars.

Article

The Rise of Transgender Social Movements: Narrative Symbolism and History  

B. Lee Aultman

Trans is both an umbrella term for heterogeneous identities and a discrete collective identity type unto itself. It now encompasses a wide range of binary and nonbinary identifications like transsexual and transgender. Social movements arising that take up trans issues do so with certain caveats. Many make the important distinction that “trans” describes human practices and social identities preceding the construction of its modern name and meaning. Furthermore, social movements and activism advance the argument that trans embodiments are not confined to Western or medical imaginaries. Indeed, what is expressed within trans identity narratives have gone by other cultural names, with diverse histories all their own. The rise and ongoing role of American trans activism within social and political domains are careful to consider the narrative histories being summoned. Trans social movements are generally aware of the risks that analytic terms like movement or protest might imply. For better or worse, scholars often associate the rise of social and political protest movements of the 20th century in broadly fantastic terms. The emergence of trans communities, however, unfolded over the course of a century. The episodic ruptures that mark historical events (Compton’s Cafeteria or the Stonewall riots) tend to spur organizational consolidation. Indeed, many of the most recent trends in trans activism then consolidated into organized interests. On that many scholars can agree. But the historical process that led to this point of trans politics is not clear-cut. Often eclipsed by the twin narrative of queer liberation, trans social movements linger among a number of narrative histories. Three periodizations help identify how trans narratives of identity and social justice are deployed, by whom, and for what purpose. The nominal period marks the rise of transsexual identities as they emerged within the space of medical currents in the early 20th century. Trans people in mid-century America may have participated in the power of medical discourse in their own lives. For example, autobiographical texts describe psychic pain, depression, and suicidal ideation that were alleviated only through transition. Naming provides intelligibility to an otherwise opaque set of phenomena. The symbolic period moves away from privileging the medical archive to highlight the connections made between radical identity groups and the growth of organized resources by and for trans activists. Narratives here are socially symbolic and detail how terms like transsexual and transgender(ist) entered a complex cultural milieu. Many activists would permanently shape the lesbian, gay, bisexual, trans, queer, intersex, and agender (LGBTIA) communities for decades. The symbolic emphasizes a politics of narrative origins. Identifying the events and voices that shaped the mainstream conception of trans issues is critical to contemporary movements for social justice. The pluralist period reflects upon the various institutional interventions that shaped popular discourse around sex and gender in everyday life for trans people. It typically recasts the last three decades of the 20th century as a crucial epoch in trans activism (for both social and political forces). Between 1980 and 1990, new energy emerged that ran on the heels of a new posttranssexual politics. What emerged in the early 2000s was a rapid growth of organized advocacy and interest-group formation. Many of the organizations are still active and continue to shape national, state, and local policies. They represent one form of a blend of movement-related strategies for participating in the construction and durability of trans politics.

Article

Gender Nonconformance in Non-Western Contexts: Hijras in India  

Saatvika Rai and Josephine Kipgen

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.

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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.

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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.

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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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Violence Against and Policing of LGBTQ Communities: A Historical Perspective  

Courtenay W. Daum

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.

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HIV/AIDS Politics and Policy in U.S. States and Localities  

Patricia Siplon

From the earliest days of its recognition in the United States, the condition that came to be known as acquired immunodeficiency syndrome (AIDS) has been associated with the gay community. In fact, when the U.S. Centers for Disease Control and Prevention (CDC) first made written notice of the syndrome in 1981, the acronym GRID (gay-related immune disease) was commonly, although not officially, used to describe it. In the five years that followed, the causal agent, human immunodeficiency virus (HIV), was discovered, specific demographic groups were identified as at heightened risk of infection, and transmission routes—including sexual activity, intravenous drug use, and transfusion of blood and blood products—were determined. Identification of HIV with the gay community as a major risk group had important ramifications for prevention and treatment policy, as the community mobilized a rights-based approach that advocated harm reduction over abstinence and access and affordability of treatment over the interests of the private market. These concepts carried into later debates as the world recognized the global severity of HIV and grappled for the first time ever with a goal of universal treatment access in the world’s poorest countries where the pandemic is most severe. Identification of HIV with values, conceptual structures, leadership, and mobilization drawn from the gay community also had ramifications on the social and political contexts of AIDS treatment and prevention globally, as governments and cultures that had ignored or demonized their gay populations have increased their interactions with them as “risk groups” and as political actors. Despite the remarkable inroads made into accessibility of treatment, the world remains without a vaccine, a cure, or the political will to fully implement universal treatment access, which means that eradication of the global pandemic remains elusive.

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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.

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Nonbinary Trans Identities  

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.

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LGBT Military Service Policies in the United States  

Andrew Goodhart and Jami K. Taylor

For most of its history, the U.S. military has maintained a policy of exclusion toward lesbian, gay, bisexual, and transgender (LGBT) people serving in uniform. The justifications for these exclusions have included the view that being homosexual or transgender is a psychological disorder, that it undermines military morale and effectiveness, and a fear that LGBT people would be vulnerable to foreign espionage. Explicit policies banning consensual homosexual sex—and excluding from service those who engage in it—date to the period between World Wars I and II, but de facto efforts at exclusion have existed since the early days of the republic. Regulations governing homosexuals in the military came under pressure in the 1970s and 1980s as societal views toward lesbian, gay, and bisexual (LGB) people changed, and those LGB service members discharged under the policy increasingly challenged their treatment in court. (Public pressure to change regulations governing transgender people in the military arose mostly in the 2000s, though litigation efforts date to the 1970s.) In addition to general shifts in public and legal opinion, the debate over LGB people serving in the U.S. military was affected by the experience of foreign militaries that allow LGB people to serve. United States law began to loosen formal restrictions on LBG people serving in uniform with the passage of “Don’t Ask, Don’t Tell” (DADT) in 1994, but it still required LGB people to serve in secret. Changing public perceptions of LGB people and problems implementing the ban galvanized support for eliminating such restrictions. In 2010, President Obama signed legislation repealing DADT and removing all restrictions on LGB people serving in the military. However, transgender people do not enjoy the same rights. The Trump administration has revised Obama-era rules on transgender service members to enable greater exclusion. The issue is being contested in the courts and appears ripe for further political and legal dispute.