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The relationship between HIV/AIDS and gay activism has been primarily informed by the American experience and understudied in nondemocratic contexts. Drawing upon qualitative research on China and Singapore, we refine understanding of HIV/AIDS’ influence on the development of gay activism under authoritarian conditions, by examining the processes through which activist organizations interact with laws and regulations, political norms, HIV/AIDS funding, and government responses to both HIV/AIDS and collective organizing. We show how HIV/AIDS’ influence plays out in multiple patterns, depending on the strategic responses that gay activists select from a constrained range of options to shape their organizations’ destinies. Therefore, we provide insights for development agencies and international donors into whether and how international assistance intended to encourage activism and wider social change are mediated by political and legal controls on local activism.
The goal of this chapter is to introduce moral panic about sexual and gender minorities, heteronormativity, and cisnormativity. It begins with the story of Frank Kameny, a White Jew and US veteran who lost his job as an astronomer during the Lavender Scare, a moral panic about gay men and lesbians working in the US government that started in the 1950s and led to their mass firing. Informed by intersectionality, this chapter connects that panic to the current assault on the rights of sexual and gender minorities or LGBTQIA2S+ persons, and discusses who they are, some popular myths about them, and what is sexuality and gender. They are pathologized, criminalized, and erased by heteronormativity, the notion that heterosexuality is the “normal” form of sexual orientation, and assuming the gender binary of men versus women, and cisnormativity, a system that favors cisgender people who identify with their gender assigned at birth and restricts gender expression. The chapter includes a Food for Thought section on gender euphoria and trans joy, from affirmation to liberation. It ends with a discussion of Frank Kameny and how gay rights build on Black civil rights.
This chapter examines the Supreme Court’s practice, over approximately a century and a half, in developing and applying the “substantive due process” doctrine. The animating premise of that doctrine is that the Due Process Clause confers judicially enforceable protections against substantively unfair infringements of certain “unenumerated” yet fundamental or important rights. After the Court’s embarrassed climb down during the 1930s from a line of decisions enforcing rights to freedom of contract, the Court reembraced the Due Process Clause as a source of “unenumerated” rights in Roe v. Wade (1973) and, later, in decisions protecting rights to engage in private acts of sexual intimacy and extending the unenumerated right to marry to same-sex couples. Although the current Court overturned Roe in Dobbs v. Jackson Women’s Health Organization (2022), the majority opinion avoided a strictly originalist approach by embracing precedents holding that the Due Process Clause protects some fundamental substantive rights that are grounded in “tradition.” The chapter explores the conservative justices’ reasons for adopting that position. It also considers whether substantive due process decisions invalidating prohibitions against sodomy and laws defining marriage as necessarily involving one man and one woman can survive under the rationale of Dobbs.
This chapter addresses symmetry’s implications for expressive freedom and religious liberty. Symmetry supports maintaining First Amendment law’s current focus on neutrality, notwithstanding emerging critiques that this approach lacks a strong historical foundation and unduly limits governmental regulation of offensive or dangerous ideas. At the same time, symmetric interpretation counsels against expanding the emerging “First Amendment Lochnerism” that threatens to extend constitutional protections for free expression into areas of economic and workplace regulation. A preference for symmetry also supports protecting religious groups, when possible, through more general protections for freedom of expressive association rather than through religion-specific constitutional doctrines. Although religious liberty may once have been a symmetric principle, today religion-specific protections risk placing constitutional law on one side of a fraught political divide over religion’s place in public life.
Gender constitutionalism in the new millennium is challenging both the hegemony of the heterosexual marital family for the sake of nonmarital and nonheteronormative affective unions and – slowly but increasingly – the gender/sex categorization system through the gradual affirmation of a right to gender identity. While these evolutions point in the direction of the disestablishment of the gender order and, according to some, even question the enduring constitutional relevance of the very concept of gender, over the last decade we observe with growing concern a global movement (exemplified through evolutions in Central and Eastern Europe) fed by neoconservative, populist nationalist, and religious fundamentalist forces of various kinds, promoting preemptive action or triggering backlash to combat what has come to be identified as “gender ideology” in an attempt to reaffirm traditional family and gender roles. The reproductive rights of women, as well as equality rights of sexual minorities and gender nonconforming individuals, have become new targets under increasingly organized strategies and attacks, which include sophisticated tactics of constitutional lawfare.
Attempts to assess the influence of lesbian, gay, bisexual, and transgender (LGBT) groups on LGBT-related policy are hampered by imprecise measurement of LGBT group strength and activity. This research note examines the problems with existing measures of state-level LGBT advocacy strength and it develops an alternative measure of LGBT advocacy group strength. We utilize revenue and asset data available from the National Center for Charitable Statistics to develop better and reproducible state-level measures of LGBT interest group strength on an annual basis. We compare our measures to existing measures and demonstrate their utility for the ongoing study of LGBT politics. The approach used in construction of our measure can be extended over time, is replicable in other issue areas, and thus has broad utility for the study of interest groups at the subnational level.
There has been much talk about the retreat or even death of multiculturalism. Much of this discussion confounds multiculturalism with explicit policy under that name. I argue in this paper that liberal law itself, in particular majority-constraining constitutional law, requires multiculturalism, understood as multiple ways of life that cannot and should not be contained by a state that is to be neutral about individuals’ ultimate values and commitments. The workings of legal multiculturalism are demonstrated through a comparison of benchmark jurisprudence on gays in America and Muslims in Europe. An interesting difference is that for Muslims, liberal law has also functioned as constraint, not only as resource, especially in the post-2001 period of heightened integration concerns.
Men in the gay liberation generation are approaching or entering older age. Being at the forefront of gay rights movements since the 1970s and 1980s, this generation has experienced dramatic changes in gay life. The present study aimed to provide a greater understanding of this generation by examining some of the ways these men perceive their changing lives. Participants included 439 Australian gay-identified men aged 50 years and older who completed an online survey of their health and wellbeing. These men gave unrestricted open-ended responses to a question on how life had changed for them as a gay man since being aged in their twenties. Responses were analysed qualitatively using a thematic analysis approach to identify main themes. Participants expressed many positive changes to their lives, including greater public- and self-acceptance of their sexuality, greater confidence and self-esteem, and more freedom for same-sex relationships. However, some men expressed a loss of gay community compared to their younger years and a perception that the younger generation under-appreciated the struggles they had endured. Age- and HIV-related stigma from within the gay community, as well as a loss of sexual attractiveness, also emerged as concerns for some participants. These findings may assist researchers, health professionals and aged care services to further understand the needs and experiences of this older generation of gay men.
This paper analyzes how activists used a parliamentary petition to overcome legal and political barriers and mobilize openly for gay rights for the first time in Singapore. Unlike societies where rights mobilization has political legitimacy, exercising and claiming rights in the de facto one-party state are non-conformist behaviours and face greater limitations. Gay rights activists in Singapore not only struggle with the state and their opponents over the right to equality; compared to their counterparts in liberal democracies, they also have to overcome stronger restrictions on political access and civil-political liberties that enable or protect rights mobilization. This paper therefore describes and analyzes a politics of rights under authoritarian conditions and the complicated consequences of legal resistance and rights mobilization. Although the petition campaign transformed collective grievances, expanded activists’ support base, and opened up new tactical possibilities, it also provoked intense, third-party opposition and foreclosed other avenues of mobilization.
This paper considers the introduction of a bill of rights to a territory’s constitution as an example of the transnational transfer of norms. Using the case of the Cayman Islands Constitution promulgated in 2009 this analysis looks specifically at the creation of its bill of rights in light of local debate following the legalisation of homosexuality forced by the United Kingdom in 2000. The unique constitutional structure framing the political relationship between the United Kingdom and its Overseas Territories is outlined as explanation for the nature of the Cayman constitution, as well as the historical trajectory leading to it. This trajectory informs the context for the local debate over homosexuality and substantial local resistance to the transfer of an emerging European norm recognizing same-sex marriage to a Caribbean island firm in its Christian heritage. This case interrogates the transference and reproduction of ‘global human rights norms’ in the construction of constitutions in postcolonial societies anticipated by proponents of ‘norm diffusion’ and highlights the contested acceptance offered exogenous norms by the postcolonial society.
This work examines the strategies Black lesbian, gay, bisexual, and transgender (LGBT) people use in Black environments to proclaim a gay identity that is simultaneous with a Black identity. It identifies three distinctive features of LGBT protest in Black communities. Black gay2 protest takes on a particular form when individuals are also trying to maintain solidarity with the racial group despite the threat of distancing that occurs as a result of their sexual minority status. Black sexual minorities who see their self-interests as linked to those of other Blacks use cultural references to connect their struggles to historical efforts for Black equality and draw from nationalist symbols and language to frame their political work. They believe that increasing their visibility in Black spaces will promote a greater understanding of gay sexuality as an identity status that can exist alongside, rather than in competition with, race. The findings of this research have implications for larger discussions of identity, protest, and gay sexuality in intraracial contexts.
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