Same-Sex Marriage and the Assimilationist Dilemma: A Research Agenda on Marriage Equality and the Future of LGBTQ Activism,Politics, Communities,and Identities

ABSTRACT

This special issue of the Journal of Homosexuality, examines the impact of the marriage equality movement and the resulting landmark U.S. Supreme Court decision, Obergefell v. Hodges (2015) that legalized same-sex marriage in the U.S., on lesbian, gay, bisexual, transgender, and queer (LGBTQ) activism, politics, communities, and identities. The articles in this issue examine the complicated ways in which the discourse used in same-sex marriage court cases is related to heteronormative discursive frames; the lived reality of married same-sex couples and the complex ways in which they think about marriage and heteronormativity; the ways that heteronormativity is racialized, which affects how African Americans perceive the impact of same-sex marriage on their lives; how same-sex marriage has influenced public opinion and the likelihood of anti-gay backlash; and the impact of same-sex marriage on family law. In this article, I draw on the empirical research from these articles to develop a theoretical framework that expands a multi-institutional (MIP) approach to understanding social movements and legal change. I build on and develop three conceptual tools: the assimilationist dilemma, discursive integration and cooptation, and truth regime. I conclude by laying out an agenda for future research on the impact of same-sex marriage on LGBTQ movements, politics, identities, and communities.     

Same-Sex Married Tax Filers After <Emphasis Type="Italic">Windsor</Emphasis> and <Emphasis Type="Italic">Obergefell</Emphasis>

This article provides new estimates of the number and characteristics of same-sex married couples after U.S. Supreme Court rulings in 2013 and 2015 established rights to same-sex marriage. The U.S. Department of the Treasury and the Internal Revenue Service subsequently ruled that same-sex spouses would be treated as married for federal tax purposes. Because almost all married taxpayers file joint tax returns, administrative tax records provide new information on the demographic characteristics of married same-sex couples. This study provides estimates of the population of same-sex tax filers drawn from returns filed in 2013, 2014, and 2015, using methods developed by the U.S. Census Bureau to address measurement error in gender classification. We estimate that approximately 0.48 % of all joint filers in 2015 were same-sex couples, or approximately 250,450 couples.     

Backlash or a Positive Response?: Public Opinion of LGB Issues After Obergefell v. Hodges

ABSTRACT

Following Obergefell v. Hodges, same-sex marriage remains controversial and anti-LGBT state legislation has been passed, which raises questions about whether the Supreme Court’s ruling may have created a backlash. We use data from two waves of a general population survey of Nebraskans conducted before and after the decision to answer three questions. First, we test three theories of how the court decision influenced public opinion. We find that support for same-sex marriage was significantly higher following the ruling, suggesting that there was not a backlash to it. Second, we assess whether people perceive that the court accurately reflects the public’s opinion. We find that people who favor same-sex marriage are more likely to think that the ruling refects public opinion very well; those who oppose same-sex marriage are more likely to think that the ruling does not at all reflect public opinion. Third, we examine the association between discussing gay rights and support for same-sex marriage, finding that those who talk about LGB issues very often are more likely to favor same-sex marriage. We discuss the implications of these findings in relation to two of the themes of this special issue: the influence of marriage equality on Americans’ understandings of marriage and the impact of marriage equality on future LGBT activism.     

Advancing human rights through constitutional protection for gays and lesbians in South Africa

As a consequence of the 1994 adoption of a justiciable Bill of Rights in South Africa, with an equality provision prohibiting discrimination on the ground of sexual orientation, a coalition of gay and lesbian organisations set about implementing a progressive agenda of gay and lesbian rights litigation. In striking down the offence of sodomy, the Constitutional Court established a jurisprudence of gay and lesbian rights to equality, dignity and privacy that proved to be the foundation for significant litigation around family law issues. Subsequent to the sodomy judgement, the Court has ruled that same-sex couples who are in permanent life partnerships should be entitled to the same rights as married couples to immigration, employment benefits, custody and adoption of children. Despite the extensive equality jurisprudence of the Court, it is still uncertain whether it will rule in the future in favour of same-sex marriage or in favour of a civil union/domestic partnership model.     

The Interaction of Same-Sex Marriage Access With Sexual Minority Identity on Mental Health and Subjective Wellbeing

Previous psychological and public health research has highlighted the impact of legal recognition of same-sex relationships on individual identity and mental health. Using a sample of U.S. sexual minority (N = 313) and heterosexual (N = 214) adults, participants completed a battery of mental health inventories prior to the nationwide legalization of same-sex marriage. Analyses of covariance (ANCOVAs) examining identity revealed sexual minority participants living in states where same-sex marriage was banned experienced significantly higher levels of internalized homonegativity than sexual minority participants living in states where same-sex marriage was legal, even after controlling for state-level political climate. Mental health ANCOVAs revealed sexual minority participants residing in states without same-sex marriage experienced greater anxiety and lower subjective wellbeing compared to sexual minority participants residing in states with same-sex marriage and heterosexual participants residing in states with or without same-sex marriage. Implications for public policy and future research directions are discussed.     

The Rise and Fall of Civil Unions: Lessons From the Connecticut Legislature's Abandonment of Gay and Lesbian Citizens

On April 20, 2005, Connecticut Governor M. Jodi Rell signed into law “An Act Concerning Civil Unions” (Public Act No. 05–10, 2005). That Act did two things: First, it afforded to qualifying same-sex couples many of the rights and benefits that the state makes available to married heterosexual couples. Second, it “defended” heterosexual marriage by defining marriage as involving one man and one woman. Although it might seem that the legislature was moving in an obviously correct direction, its decision to establish a statutory scheme consigning same-sex couples to civil unions was integral to the ideological exclusion of gays and lesbians from marriage and, thereby, implied that they are unfit for family life.

The Democrats' and Republicans' focus was on the formal equality guaranteed by the civil union legislation. But the heart of the legislation is disenfranchisement. Connecticut lawmakers placed the stamp of legitimacy on a policy that officially excluded lesbians and gays from full membership in civil society. To many gay and lesbian citizens in Connecticut, it was a slap in the face and awakened a realization that lawmakers' professed egalitarian ideals and the realities of defining who belonged to their communities may not coincide.     

The rise and fall of civil unions: lessons from the Connecticut legislature's abandonment of gay and lesbian citizens

On April 20, 2005, Connecticut Governor M. Jodi Rell signed into law "An Act Concerning Civil Unions" (Public Act No. 05-10, 2005). That Act did two things: First, it afforded to qualifying same-sex couples many of the rights and benefits that the state makes available to married heterosexual couples. Second, it "defended" heterosexual marriage by defining marriage as involving one man and one woman. Although it might seem that the legislature was moving in an obviously correct direction, its decision to establish a statutory scheme consigning same-sex couples to civil unions was integral to the ideological exclusion of gays and lesbians from marriage and, thereby, implied that they are unfit for family life. The Democrats' and Republicans' focus was on the formal equality guaranteed by the civil union legislation. But the heart of the legislation is disenfranchisement. Connecticut lawmakers placed the stamp of legitimacy on a policy that officially excluded lesbians and gays from full membership in civil society. To many gay and lesbian citizens in Connecticut, it was a slap in the face and awakened a realization that lawmakers' professed egalitarian ideals and the realities of defining who belonged to their communities may not coincide.     

Attitudes Toward Parenthood,Partnership, and Social Rights for Diverse Families: Evidence From a Pilot Study in Five Countries

Attitudes toward the civil and social citizenship rights of individuals in diverse family forms are underresearched. We use cross-national data from a pilot study among students in Denmark, Spain, Croatia, Italy, and the Netherlands to explore cross-country differences in beliefs about partnership, parenthood, and social rights of same-sex couples vs. heterosexual couples or married vs. cohabiting couples. The results suggest a polarization in students’ attitudes between countries that appear more traditional (i.e., Italy and Croatia) and less traditional (Spain and the Netherlands), where the rights of married heterosexual couples are privileged over other family forms more so than in nontraditional countries. Moreover, equality in social rights is generally more widely accepted than equality in civil rights, particularly in relationship to parenthood rights and in more traditional countries. We discuss the implications of these findings and the implications for further research in this underexplored area of attitudinal research.     

The Death of Marriage? The Effects of New Forms of Legal Recognition on Marriage Rates in the United States

Some conservative groups argue that allowing same-sex couples to marry reduces the value of marriage to opposite-sex couples. This article examines how changes in U.S. legal recognition laws occurring between 1995 and 2010 designed to include same-sex couples have altered marriage rates in the United States. Using a difference-in-differences strategy that compares how marriage rates change after legal recognition in U.S. states that alter legal recognition versus states that do not, I find no evidence that allowing same-sex couples to marry reduces the opposite-sex marriage rate. Although the opposite-sex marriage rate is unaffected by same-sex couples marrying, it decreases when domestic partnerships are available to opposite-sex couples.     

Same-Sex Couples’ Decisions and Experiences of Marriage in the Context of Minority Stress: Interviews From a Population-Based Longitudinal Study

ABSTRACT

In the emerging context of marriage equality, it is important to explore the reasons for and experience of marriage for long-term same-sex couples, including the role of minority stress. In Wave 3 of the population-based, longitudinal CUPPLES Study we interviewed 21 long-term same-sex couples (14 female, 7 male) who resided in 12 different states and who were legally married. Couple members ranged in age from 37 to 84 and reported being together as a couple from 15 to 41 years. Seven couples lived in states that did not recognize their marriage at the time of the interview. Legal protection and social validation emerged as the two primary domains that captured couples’ lived experiences of marriage. Minority stress experiences emerged in the narratives in the context of couples’ long-term commitment, the availability of civil marriage, and couples’ participation in activist efforts on behalf of marriage equality for themselves and others.     

Nontraditional families and childhood progress through school

I use U.S. census data to perform the first large-sample, nationally representative tests of outcomes for children raised by same-sex couples. The results show that children of same-sex couples are as likely to make normal progress through school as the children of most other family structures. Heterosexual married couples are the family type whose children have the lowest rates of grade retention, but the advantage of heterosexual married couples is mostly due to their higher socioeconomic status. Children of all family types (including children of same-sex couples) are far more likely to make normal progress through school than are children living in group quarters (such as orphanages and shelters).     

‘The Right to Enter Every Other State’ – The Supreme Court and African American Mobility in the United States

Abstract

In 1857, U.S. Supreme Court Chief Justice Roger B. Taney stated in the Dred Scott case that if one African American was free to move unhindered throughout the United States, then all African Americans, enslaved or otherwise, would have ‘the right to enter every other State’. Such a situation, he argued, was untenable. The Supreme Court thus suggested that if U.S. citizenship included a de facto right to mobility, then African Americans could not be considered citizens. Although not formally written into the U.S. Constitution, numerous Supreme Court rulings since 1857 have underpinned the right to mobility in the United States. Yet the ability to be mobile in the United States has been fundamentally intertwined with the construction of racial identities. It was the white settlers that were free to move westward, the mobile nomadic lifestyles of the peoples they encountered being understood as primitive and inferior. Native peoples subsequently became immobilized on reservations. Similarly, African Americans in the era of slavery were immobilized on plantations and movement away from plantation space was illicit, codified as illegal, and required the hidden networks of the Underground Railroad. An African American moving through white American spaces faced often deadly consequences. African Americans should, in the parlance of the times, ‘know their place’ and not have the ambition, or the right, to move freely around the USA. To explore these contentions, I draw on four landmark U.S. Supreme Court decisions that elaborate on the mobility, or curtailment thereof, of African Americans in the United States.     

Assessing attitude toward same-sex marriage: scale development and validation

This paper reports the results of three studies conducted to develop, refine, and validate a scale which assessed heterosexual adults' attitudes toward same-sex marriage, the Attitude Toward Same-Sex Marriage Scale (ASSMS). The need for such a scale is evidenced in the increasing importance of same-sex marriage in the political arena of the United States and other nations, as well as the growing body of empirical research examining same-sex marriage and related issues (e.g., Lannutti, 2005; Solomon, Rothblum, & Balsam, 2004). The results demonstrate strong reliability, convergent validity, and predictive validity for the ASSMS and suggest that the ASSMS may be adapted to measure attitudes toward civil unions and other forms of relational recognition for same-sex couples. Gender comparisons using the validated scale showed that in college and non-college samples, women had a significantly more positive attitude toward same-sex marriage than did men.     

Shall We Marry? Legal Marriage as a Commitment Event in Same-Sex Relationships

ABSTRACT

This study is a part of an exploratory study of 50 married and unmarried same-sex couples in Massachusetts conducted by the Wellesley Centers for Women following legalization of same-sex marriage in Massachusetts in 2004. This article examines whether and how legalization of same-sex marriage impacted same-sex partners’ commitment to one another, presentation to others as a couple, and treatment as a couple by others.

Roughly one-quarter of the couples studied chose not to mark their commitment with ceremonies of any kind, while nearly three-fourths of the couples had either commitment (non-legal) ceremonies, legal weddings, or both. While decisions to legally marry largely were based on gaining legal protections, unforeseen impacts on self and relationships with family, friends, and the larger society revealed multiple layers of meaning. Implications of the study for public policy and social change are discussed.     

Assessing Attitude Toward Same-Sex Marriage

Abstract

This paper reports the results of three studies conducted to develop, refine, and validate a scale which assessed heterosexual adults' attitudes toward same-sex marriage, the Attitude Toward Same-Sex Marriage Scale (ASSMS). The need for such a scale is evidenced in the increasing importance of same-sex marriage in the political arena of the United States and other nations, as well as the growing body of empirical research examining same-sex marriage and related issues (e.g., Lannutti, 2005; Solomon, Rothblum, & Balsam, 2004). The results demonstrate strong reliability, convergent validity, and predictive validity for the ASSMS and suggest that the ASSMS may be adapted to measure attitudes toward civil unions and other forms of relational recognition for same-sex couples. Gender comparisons using the validated scale showed that in college and non-college samples, women had a significantly more positive attitude toward same-sex marriage than did men.     

In search of a more perfect heteroarchy:Vermont, civil unions and the harm of "separate-but-equal"

This article focuses on the Vermont civil union solution to the state Supreme Court's mandate in Baker v. State (1999). Using non-subordination theory, the author argues that rather than being a legal victory for lesbians and gay men, the Vermont law integrally contributes to the maintenance of an imbalance of power between heterosexuals and lesbians and gays. The article analyzes the rhetorical strategy employed by lawmakers to respond to what they perceived and portrayed as a menace posed by same-sex marriage and demonstrates that lawmakers reinforced apprehensions surrounding lesbian and gay identity and asserted the familiar heterosexist narrative in an effort to quell the threat posed by Baker. The article concludes that the legislature's genuine motivation behind civil unions was validating their own and their constituents' misplaced fears regarding gay and lesbian identity, and pacifying those fears by denying equal marriage rights to gays and lesbians in an attempt to appear responsive to a perceived threat to heterosexual primacy.     

Shall we marry? Legal marriage as a commitment event in same-sex relationships

This study is a part of an exploratory study of 50 married and unmarried same-sex couples in Massachusetts conducted by the Wellesley Centers for Women following legalization of same-sex marriage in Massachusetts in 2004. This article examines whether and how legalization of same-sex marriage impacted same-sex partners' commitment to one another, presentation to others as a couple, and treatment as a couple by others. Roughly one-quarter of the couples studied chose not to mark their commitment with ceremonies of any kind, while nearly three-fourths of the couples had either commitment (non-legal) ceremonies, legal weddings, or both. While decisions to legally marry largely were based on gaining legal protections, unforeseen impacts on self and relationships with family, friends, and the larger society revealed multiple layers of meaning. Implications of the study for public policy and social change are discussed.     

The Case for Same-Sex Marriage Before the European Court of Human Rights

For proponents of same-sex marriage, this essay sets forward a critical analysis of relevant arguments before the European Court of Human Rights. The privacy aspect of Article 8 European Convention of Human Rights will never be a successful argument with reference to marriage, which involves a public status. The equality argument (Article 14) is useful in addressing this issue with its close connections with citizenship, symbolic value, and proven record internationally. Difficulties remain with the equality argument; its conditional status, the width of the margin of appreciation allocated, and the need for an equality comparator. The equality argument needs reinforcement by use alongside a developing family law argument under Article 8 and a dynamically interpreted Article 12 (right to marry) argument. Ultimately, the success of any argument depends on convincingly influencing the European Court to consider that sufficient consensus has developed among Member States of the Council of Europe.     

Child Well-Being in Same-Sex Parent Families: Review of Research Prepared for American Sociological Association Amicus Brief

Recent legal cases before the Supreme Court of the United States were challenging federal definitions of marriage created by the Defense of Marriage Act and California’s voter approved Proposition 8 which limited marriage to different-sex couples only. Social science literature regarding child well-being was being used within these cases, and the American Sociological Association sought to provide a concise evaluation of the literature through an amicus curiae brief. The authors were tasked in the assistance of this legal brief by reviewing literature regarding the well-being of children raised within same-sex parent families. This article includes our assessment of the literature, focusing on those studies, reviews and books published within the past decade. We conclude that there is a clear consensus in the social science literature indicating that American children living within same-sex parent households fare just, as well as those children residing within different-sex parent households over a wide array of well-being measures: academic performance, cognitive development, social development, psychological health, early sexual activity, and substance abuse. Our assessment of the literature is based on credible and methodologically sound studies that compare well-being outcomes of children residing within same-sex and different-sex parent families. Differences that exist in child well-being are largely due to socioeconomic circumstances and family stability. We discuss challenges and opportunities for new research on the well-being of children in same-sex parent families.     

Income dynamics in couples and the dissolution of marriage and cohabitation

Several studies have shown that a wife's strong (socio)economic position is associated with an increase in the risk of divorce. Less is known about such effects for cohabiting relationships. Using a unique and large-scale sample of administrative records from The Netherlands, we analyze the link between couples' income dynamics and union dissolution for married and cohabiting unions over a 10-year period. We find negative effects of household income on separation and positive effects of the woman's relative income, in line with earlier studies. The shape of the effect of the woman's relative income, however, depends on the type of union. Movements away from income equality toward a male-dominant pattern tend to increase the dissolution risk for cohabiting couples, whereas they reduce the dissolution risk for married couples. Movements away from income equality toward a female-dominant pattern (reverse specialization) increase the dissolution risks for both marriage and cohabitation. The findings suggest that equality is more protective for cohabitation, whereas specialization is more protective for marriage, although only when it fits a traditional pattern. Finally, we find that the stabilizing effects of income equality are more pronounced early in the marriage and that income equality also reduces the dissolution risk for same-sex couples.