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Article

Political tolerance and commitment to egalitarianism have long been examined as possible contributors to attitudes toward LGBT+ people and policies. Since the 1970s, American attitudes toward LGBT+ issues have changed drastically. During this period, public policy and measures of public opinion toward LGBT+ rights have focused on a variety of areas, such as nondiscrimination laws, gay military service, and family matters such as adoption and marriage. Interestingly, although support for equality has remained the same in the United States, individuals have become rapidly more supportive of LGBT+ people securing equal rights in a variety of domains. There are three primary reasons for this shift: elite messaging, attributions of homosexuality, and contact with members of the LGBT+ community, both direct and indirect. These factors have led to an environment in which the value of equality is more readily applied to LGBT+ issues, therefore increasing support for these rights over time. Elite messaging has played a key role in this shift. Across LGBT+ issues, equality frames are often countered with moral traditionalism, thus leading to an increased propensity for individuals to associate LGBT+ issues with these values. The effectiveness of equality frames has been bolstered by the growing belief that homosexuality is a fixed rather than chosen trait, which yields a greater reliance upon egalitarianism when evaluating LGBT+-related issues. At the same time, both direct and indirect contact with the LGBT+ community increased following the Stonewall Riots of 1969. Americans were first introduced to gay characters on television in the 1970s. LG characters gained more prominent roles throughout the 1990s on shows such as The Real World and Will and Grace. Following Stonewall, LGBT+ activist organizations also advocated that members of the community “come out of the closet” and reveal their sexual orientation to the people in their lives. Thus, the chances of Americans knowing—or at least feeling like they knew—an LGBT+ person increased. Consistent with Allport’s Contact Theory (1954) and Zajonc’s work on “mere exposure effects” (1968), affect toward LGBT+ individuals has generally grown more positive with greater interaction and familiarity. These various factors interacted with underlying predispositions to drastically move public opinion in favor of greater equality for LGBT+ people.

Article

Since the 1980s, lesbian, gay, bisexual, transgender, and queer (LGBTQ) social movements worldwide have put significant energy into securing relationship rights. In the 1970s, however, the general sentiment in such movements in the Occident had been anti-marriage and anti-nuclear family. This changed in the 1980s due to three factors: the impact of HIV/AIDS, which emphasized how vulnerable same-sex families are; the rise of families headed by same-sex parents who did not have the same protections as their different-sex counterparts; and globalization, which transferred the ideas about same-sex relationships among movements and created energy and useful policy connections. During the 1990s, a wave of marriage alternatives spread around the world, sometimes extended by legislatures and other times by courts. The rise of alternatives has raised these questions: are they a temporary compromise on the path to marriage equality; are they a replacement for marriage that is free of its historical discriminatory heritage; or are they proposing an additional legal institution alongside marriage? In the 2000s and since, marriage equality became realistic and more common as two dozen countries gradually extended marriage rights to same-sex couples, initially in Europe and North America, but later also in Australasia, in the entire Americas, and even—in fewer countries—in Asia and Africa. Incrementalism is the generally accepted theory for why progress occurs in some countries and delays in others. However, scholars have criticized the theory as descriptively inaccurate and, normatively, as portraying marriage as the final frontier for LGBTQ equality—thus contributing to that community’s emphasis on marriage equality to the neglect of other possible advocacy avenues. Further, the incrementalistic account should take into consideration that the path toward recognition is not linear and is international as well as national. Supranational courts have played an important role in the progress toward recognizing same-sex relationships; at the same time, the globalization of LGBTQ relationship rights has also resulted in a strong backlash and in regression in some countries.

Article

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 have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. Yet courts in other parts of Asia have entrenched LGBT subordination. A vast expanse separates Asia’s most progressive LGBT judicial decisions from the most oppressive. This divergence stems from various factors, including differences among Asian courts’ judicial philosophies and cultural backdrops. Judicial developments in Asia have disrupted conventional narratives in Anglophone literature about LGBT rights. Conventional wisdom says there is a standard sequence for developing LGBT rights. It is commonly believed that countries will protect sexual orientation rights before gender identity rights; that they will legislate against discrimination before legalizing same-sex marriage; and that legal protections of LGBT rights begin in the West, and then the rest of the world subsequently imports these legal constructs. Developments in Asia have, however, challenged these narratives. While many Asian courts have galvanized reforms to protect LGBT rights, it is important to remember that these courts are nonetheless constrained in their ability to effectuate change. Case studies from Asia demonstrate that protecting LGBT rights often requires political branches of government to cooperate with courts. Political actors may resist implementing court-ordered reforms, especially if public opinion does not support the reforms.

Article

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

Article

The role of the symbolic child figure has shifted substantially within discourses of LGBT politics and activism in the United States since World War II. From the 1950s well into the 1980s, the putatively heterosexual child was portrayed as the potential victim of homosexuality—victimized by influence, predation, and infection. By the early 21st century, the child had become a figure who was often represented as benefiting from LGBT civil rights—either as the child of lesbian or gay parents whose union was strengthened by the acquisition of civil benefits and protections or as a young gay or trans person struggling to accept a non-normative identity. This cultural shift both reflected and helped generate specific governmental and institutional policies—from the sexual psychopath laws of the 1950s, to the emergence of school-based Gay-Straight Alliances in the 1990s, to the central role of the child in debates over same-sex marriage in the 2000s.

Article

Religion plays an important role in structuring civil rights for gay, lesbian, bisexual, and transgendered people (GLBT). Religious proscriptions against homosexuality were almost universally codified into law until the late 20th century, and laws against homosexuality and denying civil rights to homosexual remain in place in most nation states. The advent of the civil rights movement for GLBT persons has generated considerable backlash both in nations where civil rights have been secured, as well as in nations where many political leaders and movements view the extension of civil rights to GLBT persons as an external cultural threat. Religious opposition to the extension of rights has swiftly followed GLBT activism seeking: (a) an end to legal proscriptions; (b) alleviation of harassment and discrimination; (c) marriage and family recognition; (d) action related to the HIV/AIDS epidemic; and (e) recognition of transgendered identity and transgendered rights. GLBT movements quickly achieved considerable success and even garnered support from religious liberals. Data from the General Social Surveys (GSS) in the United States show that while support for same-sex marriage has increased in the U.S., significant differences remain across religious groups. Specifically, sectarian Protestants are significantly less supportive of civil rights for GLBT persons, while the non-religious are most supportive. While GLBT persons are making substantial political gains throughout the world, in many places backlash is eroding civil rights, and in much of the world the movement has lacked success. Several liberal religious groups have been crucial for the international success of human rights campaigns for GLBT persons, however conservative religious groups from several religious traditions have successfully promoted the continued repression of GLBT persons and movements.

Article

Timothy Rich, Andi Dahmer, and Isabel Eliassen

How does Asia compare to other regions in terms of LGBT (lesbian, gay, bisexual, and transgender) rights? While Asia lags behind the West on typical metrics of LGBT rights, this fails to capture the diversity of tolerance historically in the region. At the same time, conservative backlashes to LGBT policies are evident across the region, often invoking traditionalist or religious opposition, as also seen outside of the region. Moreover, much of the literature myopically focuses on one or two countries in Asia, rarely attempting to make broad comparisons across East, South, and Central Asia. Part of this is due to terminology differences, where “homosexual” is commonly used in some countries as a catch-all term for members of the LGBT community, compared to others in the region countries, especially in South Asia, with a longer history of specialized terminology for transgendered people. Yet broader comparisons in the absence of terminology differences remain rare despite growing attention to LGBT issues in public opinion polls, news, and academic work and despite the fact that the legal avenues chosen by LGBT rights proponents often mirror those chosen in the West. State policies on LGBT policies also range considerably in the region, with only Taiwan currently recognizing same-sex marriage at the national level, but with decriminalization and antidiscrimination policies at the national and local levels increasingly common. However, a commonly overlooked trend is that of harsher LGBT policies enacted by local governments. Meanwhile, despite trends in the West of growing public tolerance on LGBT issues, far less consistency emerges in Asia, further complicating state efforts. It is important to highlight Asia’s diversity in terms of rights and tolerance, but it is equally important to integrate evidence from Asia into cross-national research on LGBT issues to understand what is unique about the region and what may have been ignored in other regions.

Article

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.

Article

Intergroup relations and contact between groups has historically been considered a mechanism to promote support for LGBT (lesbian, gay, bisexual, and transgender) rights. However, LGBT identities are often concealable, and stigma discourages members of the LGBT community from disclosing that they are LGBT, which may prevent contact. Some subsets of the LGBT population make up a small percentage of the overall population, which may also decrease the quantity of contact. As such, the process of coming out to friends, relatives, and coworkers has been a common strategy of the modern LGBT movement. The strategy could be effective because the intergroup contact literature has found support for intergroup contact decreasing prejudice in meta-analyses. At the same time, researchers have challenged the assertion that intergroup contact promotes social change because intergroup contact is sometimes negative, or may be impractical or avoided, positive attitudes can coincide with acceptance of inequality, and intergroup contact may have unintended negative side effects. Research has generally found support for the notion that intergroup relations are more positive when there is greater contact. For LGBT people greater contact has been associated with decreasing anti-LGBT prejudice and increasing support for LGBT rights. However, similar to other domains of contact, the influence of LGBT contact is contextually sensitive, and a combination of psychological and structural barriers can decrease or prevent the positive effects of intergroup contact. There are strategies which may overcome these limitations, through policies (e.g., protection against discrimination), promoting types of contact that promote social change as opposed to merely positive attitudes, secondary transfer of contact effects, imagined contact, indirect forms of contact, and positive media representations of LGBT people. Gaps in the literature include a relative lack of research on contact with members of the LGBT community other than gays and lesbians (particularly non-cisgender people), intergroup contact between members of different subsets of the LGBT community, and a need for experimental and/or intervention-based research.

Article

Contrary to popular belief, Northern Irish politics is not an entirely religious affair. The widespread and longstanding use of the labels “Catholic” and “Protestant” to denote political allegiance undoubtedly contributes to such an impression. The relationship between religion and politics in Northern Ireland is, however, more complex than these convenient labels suggest. Indeed the question of whether and to what extent religion possesses any political significance in the region has generated considerable academic debate. Organizationally, there is a clear separation of church and party in Northern Ireland. The main political parties have eschewed formal ties with churches, and faith leaders have largely confined themselves to involvement in “small p” politics. The one exception to this general rule has been the Democratic Unionist Party (DUP). Its close ties with the Free Presbyterian Church has long rendered it a unique case in the British and Irish context. The historical relationship between the main unionist parties and the Orange Order, a quasi-religious organization, further blurs the lines between religion and party politics in Northern Ireland. Since the signing of the Belfast or Good Friday Agreement in 1998, alternative or non-ethnonational political issues have become increasingly salient in Northern Ireland. More specifically, touchstone moral issues have taken center stage on several occasions. Abortion rights and marriage equality, for example, remain high on the contemporary political agenda, with clear party differences observable on each issue. The staunch moral conservatism of the DUP, derived from its commitment to a fundamentalist Protestant doctrine, again sets it apart. The continued exceptionalism of Northern Ireland on these issues, compared with the rest of the United Kingdom and, increasingly, Ireland, serves to reinforce the importance of understanding the role religion plays in shaping party policy programs and party competition in the region.

Article

Opposition to same-sex marriage in the United States is frequently based on the religious belief that marriage should be reserved for a man and a woman. With most of the attention focused on wedding vendors, the clash between religious liberty and marriage equality has largely manifested itself in efforts by business owners, such as photographers, florists, caterers, and bakers, to deny their services to same-sex couples celebrating their marriages. Citing state antidiscrimination laws, the couples demand the owners treat them as they do their other customers. Owners of public accommodations (privately owned business open to the public) who object to facilitating the weddings of same-sex couples do so typically by asserting their personal religious beliefs as defenses when charged with violating such laws; they argue that they would view their participation (albeit indirect) in wedding ceremonies as endorsing same-sex marriage. As the lawsuits against them began to proliferate, the business owners asked the courts to shield them from liability for violating the laws prohibiting discrimination because of sexual orientation in places of public accommodation. They cited their First Amendment right to the free exercise of their religion and their right not to be compelled to speak, that is, to express a positive message about same-sex marriage. With conflicts between same-sex couples and owners of business establishments arising in a number of states, the focus of the nation’s attention was on a New Mexico photographer, a Washington State florist, and a Colorado baker, each of whom sought an exemption from their state’s antidiscrimination law to enable them to exercise their religious tenets against marriage equality. In these cases, the state human rights commissions and the state appellate courts ruled that the antidiscrimination laws outweighed the rights of the business owners to exercise their religious beliefs against marriage equality by refusing to play a role, no matter how limited, in a same-sex marriage ceremony. In June 2018, in Masterpiece Cakeshop, LTD. v. Colorado Civil Rights Commission, the U.S. Supreme Court affirmed the state’s antidiscrimination law that guaranteed equal treatment for same-sex couples in places of public accommodations but reversed the Commission’s ruling against the Colorado baker. In a narrow decision, the Court held that the Commission infringed on the baker’s First Amendment right to free exercise by uttering comments that, in the Court’s view, demonstrated hostility to his sincerely held religious beliefs. The ruling affirmed that society has a strong interest in protecting gay men and lesbians from harm as they engage in the marketplace as well as in respecting sincerely held religious beliefs.

Article

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

Article

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.