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Gay Rights

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lightbulbAbout this topic
Gay rights refer to the legal and social movements advocating for the equal treatment and recognition of individuals based on their sexual orientation, particularly focusing on the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals. This includes issues such as marriage equality, anti-discrimination laws, and the right to express one's identity freely.
lightbulbAbout this topic
Gay rights refer to the legal and social movements advocating for the equal treatment and recognition of individuals based on their sexual orientation, particularly focusing on the rights of lesbian, gay, bisexual, and transgender (LGBT) individuals. This includes issues such as marriage equality, anti-discrimination laws, and the right to express one's identity freely.

Key research themes

1. How does political opposition shape the strategies and outcomes of the LGBTQ rights movement?

This theme explores the dynamic interaction between LGBTQ rights advocacy and organized political countermovements, particularly focusing on how conservative religious and political actors have shaped agenda-setting, movement framing, and legal progress. Understanding this antagonistic relationship is critical to comprehending both impediments to LGBTQ rights and the ways opposition has sometimes spurred mobilization and strategic recalibration within the LGBTQ movement.

Key finding: The Religious Right, originating in the 1970s, has evolved from reactive opposition to proactive legal initiatives against LGBTQ rights, notably through ballot measures that frequently succeed in rescinding protections or... Read more
Key finding: Recent anti-LGBTQ+ legislation in U.S. states has strategically targeted children by restricting discussion on sexual orientation and gender identity in early education, marking a shift from earlier, less successful... Read more
Key finding: The establishment of LGBT ideology-free zones by local governments in Poland is contextualized within broader democratic backsliding and state-sanctioned homophobic nationalism. These resolutions symbolize systemic... Read more

2. What roles do legal rulings and court interventions play in advancing or inhibiting LGBTQ rights across national contexts?

This theme investigates judicial responses to LGBTQ rights issues, examining how courts contribute to recognition, protection, or limitation of LGBTQ identities and relationships. It considers comparative case law and litigation strategies as vital arenas for rights advancement, with attention to how courts interpret constitutional frameworks, balance competing rights claims, and respond to societal attitudes.

Key finding: Brazilian Supreme Federal Court landmark rulings recognized homoaffective common-law marriages as family entities equivalent to heteroaffective unions, affirming constitutional non-discrimination and extending spousal rights... Read more
Key finding: The Inter-American Court of Human Rights ruling in Olivera Fuentes v. Peru established key precedents on addressing homophobic discrimination by private actors, mandating the burden of proof shift to protect victims and... Read more
Key finding: Malaysia’s dual legal system—combining secular and Islamic law—criminalizes homosexual acts under section 377A of the Penal Code, reflecting deep legal and cultural constraints on LGBTQ rights. The study reveals entrenched... Read more

3. How do sociopolitical contexts and framing influence public attitudes and mobilization around LGBTQ rights?

This theme examines how nationalist discourses, cultural narratives, and political climates shape social perceptions and collective activism related to LGBTQ issues. It addresses how public sentiment is mediated by race, nationalism, media framing, and evolving political advocacy, affecting both support for and resistance to LGBTQ rights. The theme captures the interplay of culture, identity, and policy in shaping the acceptance and legal protection of sexual minorities globally.

Key finding: The concept of homo(phobic)nationalism elucidates the dualistic role of state nationalism in East Asia, where Taiwan exhibits homonormative nationalism supporting LGBTQ rights as markers of democratic progress and identity... Read more
Key finding: Post-Obergefell public opinion in the U.S. shows majority support for same-sex marriage and legal protections for LGBTQ individuals, yet a substantial minority (about 40%) endorses rights for small business owners to... Read more
Key finding: Analysis from 1988 to 2016 shows that media framing using egalitarian and traditionalist values influenced gay rights opinions differently among Black and White Americans over time. Initially, Blacks relied less on these... Read more

All papers in Gay Rights

According to Oxford English Dictionary, homosexuality is defined as "a pattern of sexuality where sexual and romantic thinking and behavior are directed towards people of the same sex." Homosexuality has existed in the Indian society as... more
This paper examines presidential vote choice among self-identified Tea Party members to examine whether gender in any way impacted those choices. In addition, this paper examines whether there are attitudinal differences among women and... more
This paper examines presidential vote choice among self-identified Tea Party members to examine whether gender in any way impacted those choices. In addition, this paper examines whether there are attitudinal differences among women and... more
Abstract This report provides a comprehensive analysis of the global status of LGBTQ rights, with a specific and detailed focus on the African continent. It examines the legal landscape through a regional lens, highlighting that 64 United... more
Early Mormon views on marriage, race, and progeny provide a background to consider the church's new policy banning gay families from church membership. Brigham Young taught that interracial marriage of white Mormon men to black women... more
A questionnaire comprising two scales, the short form of the Attitudes Towards Lesbians and Gay Men Scale (ATLG-S; Herek, 1984) and the newly devised Support for Lesbian and Gay Human Rights Scale (SLGHR) were administered to 226 students... more
Despite a paucity of psychological research exploring the interface between lesbian and gay issues and human rights, a human rights framework has been widely adopted in debates to gain equality for lesbians and gay men. Given this... more
The queering of marriage in the United States is one of the most contentious current civil rights debates. For many queer families, great ambiguity in their current and future legal statuses and choices exists. However, some ambiguity has... more
. 4 Throughout this article, I use "transgender" as an umbrella term including transsexuals, transvestites, cross-dressers, drag queens and drag kings, butch and 589 N.Y.L. SCH. J. HUM. RTS. [Vol. XVII been obliged to confront this... more
. 4 Throughout this article, I use "transgender" as an umbrella term including transsexuals, transvestites, cross-dressers, drag queens and drag kings, butch and 589 N.Y.L. SCH. J. HUM. RTS. [Vol. XVII been obliged to confront this... more
provided excellent research assistance. Special thanks goes to Katrina Anderson, formerly of the Center and now at U.N. Women, for her work recognizing sexual and reproductive rights defenders as human rights defenders in a 2009 briefing... more
Taiwan's legalization of same-sex marriage in 2019 has reinforced its reputation as a beacon of progressive values in Asia. There has been much discourse on the progress of Taiwan's LGBT movement, yet there has been little discussion... more
This paper both historicizes and contextualizes the contemporary US Food and Drug Administration(FDA) blood donation policy banning men who have sex with men and transgender individuals although in 2023 they have changed their old... more
Indian culture has a long tradition of embracing a wide range of beliefs, principles, religions, doctrines, and ways of life. India, on the other hand, is a deeply religious country that also recognizes non-religious communities. In... more
Le interpretazioni ed i significati attribuiti alla famiglia ed al matrimonio sono in una cruciale fase di cambiamento socio-giuridico, che si sta rapidamente espandendo su scala mondiale. Una riflessione sui più recenti accadimenti in... more
Il saggio esamina il diritto successorio nel Codice civile brasiliano, con particolare riferimento alla successione legittima e ai diritti dei legittimari. Sebbene il sistema giuridico brasiliano presenti molte somiglianze con quello... more
Evangelicals have become highly influential in Brazilian politics and society, succeeding in gaining political power by electing candidates to public office (Oro 2005; Rodrigues-Silveira and Cervi 2019; Ferreira and Fuks 2021). This... more
The UK Government's long-standing objective is for the governments of the Overseas Territories to abide by the same basic human rights standards that the British people expect of the UK government. The European Convention on Human Rights... more
What variables lead judicial and nonjudicial decision-making bodies to introduce policy change? In the theoretical framework proposed, the pathdependent nature of law has a differential impact on courts and legislatures. Likewise, certain... more
What are the predictors of rights guarantees at the level of individual countries? We examine this question within the context of what factors lead certain countries, but not others, to have legislation prohibiting sexual orientation... more
nation, including Harvard, had to allow military recruiters on their campuses or give up their university-wide funding. For the over 160 schools in the American Association of Law Schools, allowing a discriminatory employer to recruit on... more
Language can be seen as an intuitive challenge for those who embark on comparative constitutional research: its intricate entanglement with law is often overlooked and not engaged with explicitly. This chapter argues that this is a missed... more
This study explores the level of support for gay and lesbian rights among social work and psychology undergraduate students (N = 870). While students were generally supportive of gay and lesbian rights, 43% believed that social workers... more
In a new report, NLC finds that states limit city power through preemption in a number of policy areas, ranging from labor protections to taxing authority.Preemption is the use of state law to nullify a municipal ordinance or authority.... more
Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the... more
Realiza-se um questionamento acerca da legitimidade da decisão cometida pelo Supremo Tribunal Federal, resultante da divisão de competências entre os poderes da União. A metodologia utilizada foi a de investigação bibliográfica, tendo... more
The Australian artist Martin Sharp (1942-2013) produced a series of psychedelic artworks in London between 1966-8, the most famous of which were the Disraeli Gears record cover for rock group Cream and the Bob Dylan Blowin' in the Mind... more
This chapter examines the contested legal field of sex/gender issues in relation to trans rights in Taiwan, taking the intimacy recognition case as an example. First, Taiwan's political democratization, the women's movement and gender... more
O F three possible focal points for gay identity-the individual, the community, and the couple-the couple is the least visible in litigation about the public sphere rights of gay men and lesbians. Using as my starting point the cases... more
Between 1998 and 2000, the House of Lords in the United Kingdom debated and rejected a Bill to equalise the age of sexual consent for gay men with the age of consent for heterosexual sex at sixteen years. A corpus-based keywords analysis... more
The African-American struggle for civil rights has been a long one, one that began with the importation of the fIrst black person into the country as a slave, and continues today. I Through radical political struggle coupled with legal... more
The African-American straggle for civil rights has been a long one, one that began with the importation of the first black person into the country as a slave, and continues today. 1 Through radical political struggle coupled with legal... more
On the one hand, the volume is intended as a selective but wide-ranging study of the history of the theory and practice of rhetoric. As the editors Benedetto Fontana, Cary J. Nederman, and Gary Remer stress in the Introduction, the essays... more
Amidst the ever-expanding debates in various academic and policy fields around migrant and refugee integration and local integration, we bring these two concepts in conversation with one another. Until very recently, theories of... more
The healthcare challenges in Somalia are immense. The public healthcare sector struggles with limited resources and depends heavily on external donor support. The private healthcare, while growing, is unregulated and unable to meet the... more
The protection of the human rights of LGBTQ+ people is a relatively new topic in international human rights law in this digital era. Over the years, in the context of sexual acts against the order of nature and emerging Islamic practice,... more
Diskriminierung und Menschenrechtsverletzungen gegenüber LSBTIQ* werden heute in vielen Ländern angeprangert. Gleichzeitig haben Hassverbrechen und die Auseinandersetzungen um die herrschenden Normen von Zweigeschlechtlichkeit und... more
Although mature and vibrant, Latin American scholarship on sexuality still remains largely invisible to a global readership. In this collection of articles translated from Portuguese and Spanish, South American scholars explore the... more
Gayed, Andrew. “Queering Diaspora Through Visual Art: Contesting the Double Binds of Homocolonialism And Homonationalism.” The Routledge Handbook on Middle Eastern Diasporas. Edited by Dr. Dalia Abdelhady and Dr. Ramy Aly. Routledge:... more
This paper looks at current struggles of Iranian gay men to form new sexual identities that are directly tied to family structure and based on values of emotional bond and commitment to a same-sex partner. Based on fieldwork conducted... more
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