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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.

Article

Identity and Foreign Policy  

Srdjan Vucetic

Identity has come to figure prominently in the study of foreign policy since the 1990s when it was first introduced by constructivist theorists in International Relations. Consensus on what identity is and what it does in relation to foreign policy does not exist and is unlikely to be ever forged. Some scholars investigate state identity—how it impacts foreign policy processes while simultaneously being impacted by international structures. Others use the concept of identification to examine what foreign policy means for the constitution of modern political subjectivities. Still others seek to bring together constructivist identity scholarship together with more established approaches in Foreign Policy Analysis. This article considers the contextual emergence and evolution of the “identity and foreign policy” scholarship in its many different and differing streams. The large volume of literature produced on this subject over the past two and a half decades defies an easy summary of its theoretical and empirical contributions, but an overview of the main controversies and debates should provide the reader with a solid foundation for further research.

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

Public Policies Toward LGBT People and Rights in Latin America  

José Fernando Serrano-Amaya, Manuel Alejandro Rodríguez Rondón, and Natalia Daza-Niño

In the last 20 years, several countries in Latin America have sought uneven and disparate legal transformations affecting the lives of lesbian, gay, bisexual, and transgender (LGBT) individuals and collectives. These new legal measures have taken place simultaneously, with deepening structures of social, gender, and sexual injustice challenging their view as indicators of progressive change. In this contradictory context, LGBT social policies have emerged as a specialized field of state action because of two parallel trends: the macro political politics affecting the region, and the accumulated experience of gender and sexual social mobilizations in their interactions with the state. There are many variations of this emerging field of social policies because it is shaped by the meaning provided by local actors such as interest groups, activists, and policy makers, and their translation into policy lobbying, policymaking, and policy negotiation. As result of these innovations, gender identity and sexual orientation have nowadays entered into the language of policymaking and policy implementation. These legal measures have opened spaces for social and political participation that were not there before. Nevertheless, LGBT policies are new regimes of governmentality that control the inclusion of gender and sexual social mobilizations into citizenship and democracy.

Article

The Evolution of Transgender Policies in the United States  

Emilia Lombardi

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

Article

Marriage Equality Policy Diffusion  

Helma G. E. de Vries-Jordan

Marriage equality movements have been successful in achieving policy change in an increasing number of states. Hence, a growing body of scholarship has explored institutional and cultural factors that influence activists’ tactics and messaging and, in turn, contribute to marriage equality policy diffusion. Democracies with parliamentary, presidential, and semi-presidential systems, federal and unitary states with varying levels of centralization, and the presence or absence of constitutional anti-discrimination protections provide social movements with divergent political opportunity structures, contributing to dynamics in their tactical choices. In addition, the type of electoral system and party system, the presence of political parties that are movement allies, the use of conscience votes, the level of party discipline, the presence of out LGBT elected officials and straight political allies, and the degree of political will to enact policy change also impact activists’ strategic calculations. Finally, the use of personalized narratives in advocates’ messaging, the framing of marriage equality and LGBT rights as human rights norms, the adoption of family values frames to coopt opponents’ messaging, and the use of homonationalist versus homophobic discourses to justify policymaking decisions regarding same-sex marriage are explored. This article provides a comprehensive review of state-of-the-art research concerning all of the states that have legalized same-sex marriage as well as a detailed analysis of the mechanisms used to achieve policy change. After examining how different explanatory factors perform in accounting for the dynamics in marriage equality activism and policy convergence across a broad range of national contexts, new directions for future scholarship are suggested.