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.     

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.     

Attitudes Toward Same-Sex Marriage: The Case of Scandinavia

The purpose of this study was to examine the variables that explain attitudes toward same-sex marriage. Using recently collected Scandinavian data (from Norway and Sweden) with a high response rate, this study shows that gender, regular participation in religious activities, political ideology, education, whether the respondent lived in the capital city, and attitudes toward gender equality were important for attitudes toward same-sex marriage. Age and income were not important for attitudes toward same-sex marriage. Although both Norwegians and Swedes clearly favor same-sex marriage, Swedes are significantly more positive than Norwegians.     

Windsor and Perry: Reactions of Siblings in Same-Sex and Heterosexual Couples

The U.S. Supreme Court decisions in U.S. v. Windsor (570 U.S. 307) and Hollingsworth v. Perry (570 U.S. 399) created a focal point for public discussion of marriage equality for same-sex couples. This article reports the results of an exploratory study of the reactions of individuals currently or previously in same-sex couple relationships and a heterosexual sibling who is currently or previously married (N = 371) to the Supreme Court decisions. Thematic content analysis was used to explore participants’ responses to an open-ended question on a survey. Reactions of individuals from same-sex couples revealed the following themes: (1) longitudinal perspectives on the advancement of rights for same-sex couples; (2) emotional responses celebrating the decisions or expressing relief; (3) affirmation of their relationship or rights; (4) practical consequences of the extension of rights; and (5) minority stress related to anticipation of future prejudice or discrimination. Themes in the heterosexual siblings’ responses were (1) ally support; (2) flat support without emotion or elaboration; (3) indifference to or ignorance about the decisions; and (4) disapproval of the decisions. These themes are compared and discussed in light of prior research on reactions to marriage restriction debates and marriage (in)equality and family relationships.     

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.     

An Analysis of Factors Affecting Attitudes Toward Same-Sex Marriage: Do the Media Matter?

Using a survey of more than 5,000 American consumers, this study examines connections between attitudes toward same-sex marriage and media consumption. A positive attitude is predicted by being liberal and less religious, supporting gender and racial equality, willing to try anything once, considering television the primary form of entertainment, watching political talk shows, and reading blogs. The theoretical and methodological contributions and real-world implications of these findings are discussed.     

冲突与回应：建国初少数民族地区婚姻问题研究——以贵州省为例（1949-1956年）

建国前贵州少数民族地区的婚姻具有四个异质特征：1．妇女在生产、生活中占有重要的地位;2．除了同宗不婚和特殊的“还娘头”外,相对汉族的“父母之命,媒妁之言”,少数民族的婚姻还是比较自由的;3．“还娘头”与同宗不婚或同姓不婚;4．通婚禁忌与婚姻神判。建国后在《婚姻法》的冲击下迅速嬗变：1．离婚案件呈上升趋势;2．处理婚姻问题的权利由传统的三老四少转移到国家政府手里;30对女性是一次重大的解放,从而终于纳入到了国家预设的轨道。     

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.     

Same-Sex Marriage and Language Appropriation Practices of Lesbians

ABSTRACT

Legal marriage has vacillated between being a private agreement made by two individuals and an agreement of social significance under the state’s control (Nokov, 2008; Smart, 2013). Presently, we are without a definition of marriage that serves our diverse population. The discourse surrounding same-sex marriage in the United States is a topic of interest, as explicit attention to communication in reference to these relationships has rarely been documented (Land & Kitzinger, 2005; Richman, 2014). Using a qualitative framework and semistructured interviews, this study investigated the relationship between marriage equality and its impact on language appropriation for 20 lesbians in varying parts of the United States. Analysis employing grounded theory and constant comparative method indicated that for this sample, access to legal marriage did not serve as a determinant for the adoption of language traditionally associated with marriage. Additionally, it indicated that marriage equality hinges on more than the support of the law.     

中国婚姻挤压研究的回顾与评述

通过对检索文献的分析,从婚姻挤压的现状、原因、测度和影响等几个方面对我国学者就婚姻挤压研究取得的成果进行了综述,回顾了主要的研究成果,指出了研究的不足之处,并对未来研究做出展望,笔者最后建议从人口安全与和谐社会这两个角度研究婚姻挤压问题。     

LGBT Family Lawyers and Same-Sex Marriage Recognition: How Legal Change Shapes Professional Identity and Practice

ABSTRACT

Lawyers who practice family law for LGBT clients are key players in the tenuous and evolving legal environment surrounding same-sex marriage recognition. Building on prior research on factors shaping the professional identities of lawyers generally, and activist lawyers specifically, I examine how practice within a rapidly changing, patchwork legal environment shapes professional identity for this group of lawyers. I draw on interviews with 21 LGBT family lawyers to analyze how the unique features of LGBT family law shape their professional identities and practice, as well as their predictions about the development of the practice in a post-Obergefell world. Findings reveal that the professional identities and practice of LGBT family lawyers are shaped by uncertainty, characteristics of activist lawyering, community membership, and community service. Individual motivations and institutional forces work to generate a professional identity that is resilient and dynamic, characterized by skepticism and distrust coupled with flexibility and creativity. These features are likely to play a role in the evolution of the LGBT family lawyer professional identity post-marriage equality.     

Before and After “I Do”: Marriage Processes for Mid-Life Gay and Lesbian Married Couples

ABSTRACT

This qualitative study examines how mid-life gay and lesbian married individuals articulate their decision to marry. Using 2013 data from 30 mid-life couples in Massachusetts, this study challenges previous literature that conceptualized marriage as entirely positive or negative for same-sex individuals. Mid-life individuals’ unique social and historical context influence their experiences of marriage, as mid-life individuals have witnessed the rise and feasibility of marriage equality, have formed relationships outside of the bounds of marriage, and have been in committed relationships long before they married. Using the framework of ambivalence, our findings provide three main contributions to the literature. First, we show that marital ambivalence is a common experience in our sample. Second, we detail how marital ambivalence is indicative of the age, life-course stage, and length of relationship for mid-life lesbian and gay individuals. Third, we explore ambivalence at the level of the relationship, not just as an individual experience. This study provides new insight into how sexuality shapes both intimate relationship dynamics as well as the effect of same-sex marriage on LGBT communities and identities.     

Investigating Differences in Public Support for Gay Rights Issues

Public opinion surrounding two of the most well-known gay rights issues—same-sex marriage and adoption by gays and lesbians—varies widely: About 30% of the public favors same-sex marriage, while about 50% favors adoption. The purpose of this study was to examine and compare the demographic variables that predict attitudes toward same-sex marriage and adoption by gays and lesbians. Political ideology and attendance at religious services emerged as the strongest predictors. However, a close examination of the two issues shows that there were important differences between them. These differences may aid gay rights advocates in crafting media campaigns designed to increase support for same-sex marriage.     

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.     

婚姻挤压下农村流动人口的生育性别偏好——基于相对剥夺感视角的分析

中国的出生性别比偏高持续了三十年,婚姻挤压问题日益凸现,大规模的城乡人口流动则加剧了婚姻挤压问题及其社会影响的严重性与复杂性。受制度与非制度因素影响,农村流动人口在城市处于社会底层,易遭遇成婚困难、诱发相对剥夺感,可能对生育偏好产生重要影响。本文基于相对剥夺感视角,对2009年福建省X市外来农村流动人口调查数据的分析发现,婚姻挤压对农村流动人口的生育性别偏好的观念与行为均无显著影响,但相对剥夺感对生育性别偏好行为有显著影响。本研究有助于理解婚姻挤压与相对剥夺感对农村流动人口生育性别偏好演化的特殊作用,对国家调整生育政策、提高流动人口计生服务与管理、促进性别平等有一定借鉴意义。     

传统外婚制下娘家与出嫁女关系问题的再认识

针对传统外婚制下娘家与出嫁女的关系，存在两种相互对立的分析路径，一种是宗族模式的分析路径，认为姻亲关系从属于宗亲关系，出嫁女与娘家没有关系或存在弱关系；另一种是实践主义的分析路径，认为出嫁女与娘家的关系并不是如宗族模式说的那样僵化，而是具有建构性特点，出嫁女与娘家的关系分割了宗亲关系。本文从出嫁女归属的角度，认为在传统外婚制下，娘家与出嫁女的关系具有积极性和主动性的层面。而且具有极强的目的性和针对性。娘家是出嫁女归属于夫姓家庭、家族和村落的坚强后盾，娘家针对女儿及其婆家的一系列行为，诸如督促和支持女儿归属于婆家，敦促婆家接纳女儿，无疑都是为了女儿更好地在婆家立足，更好地归属于夫姓家族和村落。从出嫁女归属的角度，去探讨出嫁女与娘家的关系、姻亲关系，以及妇女与娘家、夫姓家族和夫姓村落的关系状态，是一个全新的视角。     

Through a glass, darkly: U.S. marriage discourse and neoliberalism

This article draws together research insights on marriage in the U.S. to argue that over the last 40 years we are able to see an active engagement with neoliberalism in discussions on the subject. Using discourse analysis, I consider how the underlying assumptions that inform the key concepts of autonomy, individualism, responsibility, and universality have been re-semanticized through neoliberal ideology to change the ways that Americans think of marriage (and themselves). In light of these changed assumptions, this article urges a reexamination of the activism and identity politics around marriage as well as further academic research on the topic.     

Legal consciousness and LGBT research: the role of the law in the everyday lives of LGBT individuals

The law occupies a prominent place in the everyday lives of lesbian, gay, bisexual, and transgender (LGBT) individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of legal consciousness within the LGBT community.     

中国30年早婚变化分析--基于“六普”数据

文章使用第六次全国人口普查数据对1980年以来的早婚率进行了分析,发现30年来早婚率经历了从急剧升高到逐渐下降又到部分省份升高的过程,早婚率由女性高于男性转变为男性高于女性;总体上农村地区的早婚率高于城镇,受教育程度越低的群体中早婚发生率越高,当前男性早婚现象更多发生在部分东中部地区和西部地区,女性早婚现象更多发生在西部地区。进一步分析认为,导致早婚的根源是民间传统习俗在部分人群受教育程度低、性别比失衡、青少年性意识萌动但性教育滞后以及基层服务缺位和基层管理弱化等因素作用下的结果。     

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.