Increased diversity among participants in the justice system, particularly judges, has fueled debates about the values and perspectives that women bring to the law. Difference theories advanced by social psychologists and feminist scholars argue for the premise that men and women in the legal system approach questions of justice differently. By contrast, empirical scholarship offers only limited support for the expectation that the sex of the judge is related to behavioral outcomes. Although most research has not uncovered differences in voting between men and women judges, one area in which consistent differences has been found is in sex discrimination cases. Recent studies suggest, however, that individual differences between men and women judges may emerge if the focus shifts to the litigation process. In one study of trial courts, cases assigned to women judges were more likely to be settled. In another study of appellate courts, women judges were more likely to pen majority opinions that adopted a compromise position. These findings suggest the promise of shifting the analytical focus away from behavioral outcomes to consider whether, and how, women and men in the legal system shape litigation processes. Doing so will require additional data and triangulated approaches that employ both quantitative and qualitative methods. Additional research is also needed to explore how shifts in the gender composition of the bench affect organizational norms and practices in the legal system at the federal, state, and local levels. Some work suggests that gender diversity affects deliberations on small appellate panels and consensual norms on larger courts. As the number of women and minorities appointed by recent Democratic and Republican presidents has increased, scholars are also now well positioned to conduct empirical research with larger numbers to investigate how women of color on the bench differ from white women and minority men.
Susan Haire and Laura P. Moyer
Subnational policymaking is central to LGBT politics and law, in contrast to other arenas of policymaking for marginalized groups. With barriers to national policymaking in Congress and in the federal courts, LGBT rights activists have leveraged opportunities at the state and local levels to create LGBT-supportive policies. Opponents have also used subnational politics to further their agenda, particularly direct democracy, while LGBT rights activists have used elite politics, such as state courts, effectively. Subnational LGBT politics is also marked by a significant variety in policy outcomes, with a notable urban and suburban versus rural divide in policymaking and in the presence of openly LGBT elected officials. The case of LGBT policy and law has caused scholars to rethink questions such as the role of public opinion in state policymaking, morality politics, and courts and social change.
Conservative Christianity’s alignment with the Republican Party at the end of the 20th century is one of the most consequential political developments, both for American religion and American party politics. In the proceeding four decades, what has been the nature of this relationship? The inclusion-moderation thesis suggests that once religious movements are integrated into political parties, their interests are often co-opted by broader party interests and their positions moderate. For the Christian right in the U.S. there is mixed evidence for the inclusion-moderation process. Considering all the evidence, the most apt description is that conservative Christianity has transformed the Republican Party, and the Republican Party has transformed conservative Christianity. With its inclusion in the Republican Party, the Christian right has moderated on some aspects. The movement has become more professional, more attuned to the more widely accepted, secular styles of democratic politics, and more engaged in the broader goals and positions of the party. Conservative Christianity has also failed to fully achieve some of its most important goals and has lost some of its distinctiveness. In these ways, the party has changed the Christian right. At the same time, the Christian right has altered Republican politics. National candidates have changed their positions on important social issues, including abortion, gay rights, and religious freedom. The party’s platforms and judicially strategies have been strongly affected by movement’s interests, and conservative Christian activists have come to be central to the Republican Party. It’s stability and strength within the party have given the movement power. In these areas, the Christian right has evangelized the Republican Party rather than moderated. A fair assessment is that for the Christian right there has been partial but quite incomplete adherence to the inclusion-moderation process.