Posted October 7, 2008

New book explores uneven success on gay rights issues

When Temple University Political Science Professor Gary Mucciaroni looked across the spectrum of gay rights issues, he saw a puzzle: Why have gays and lesbians been so successful in achieving some of their goals and not others?


Over the past 30 years, gays and lesbians have made enormous advances. A record number are out of the closet at younger ages and openly involved in same-sex relationships. More Americans than ever support specific gay rights initiatives and are accepting of their gay relatives, co-workers and friends. Medical and psychological professionals no longer consider homosexuality to be a mental disorder. And, many health and welfare professional associations support gay rights.


Yet, while adoption by gays and lesbians is banned in just six states, a whopping 44 states ban gay marriage. While over half of the country extends civil rights protections to gays and lesbians, they are still excluded from military service.


“These puzzling discrepancies are what I set out to investigate,” explained Mucciaroni. His groundbreaking new book, Same Sex, Different Politics (University of Chicago Press, October 2008), compares

Same Sex, Different Politics
Courtesy University of Chicago Press
Same Sex, Different Politics by Political Science Professor Gary Mucciaroni.

results, and sheds light on the conditions that lead to contradictory policies, across six key LGBT rights issues: legalization of homosexual conduct, military service, adoption, marriage and partner recognition, hate crimes, and civil rights.


In trying to put the puzzle pieces together, Mucciaroni initially looked at the role of public opinion and explored whether or not gays simply are more successful when the general public is not feeling threatened by gay rights issues. “That helped to explain the outcome in three cases: marriage, hate crimes and civil rights,” Mucciaroni said.

   
Gary Mucciaroni
Photo by Ryan S. Brandenberg/Temple University
Mucciaroni
But, it does not account for the outcome on the question of military service, where there had been high public support in favor of ending the ban. Conversely, in the area of adoption and the legalization of homosexual conduct, gays and lesbians have gained those rights, despite the lack of public support.


Closer examination of gay rights in the area of adoption led Mucciaroni to understand the critical role third-party stakeholders play. Mucciaroni found that social workers and judges were important allies in the fight for adoption rights for gays and lesbians. According to Mucciaroni, the vagueness of adoption laws — along with studies that say same sex parents are as successful as heterosexual couples and the societal need to give children stable, permanent homes — has allowed stakeholders, such as social workers, adoption agencies, family court judges, and lawyers to have a real impact in this arena.


Another example of the impact of stakeholders, according to Mucciaroni, are the respected legal reformers in the 1960s who advocated ridding the books of laws that were difficult to enforce. They argued successfully that government had no

legitimate role in regulating consensual sexual conduct and that such laws diminished respect for the law in general. “The reformers’ position was: ‘why have a law that you can’t enforce?’,” Mucciaroni said.


Given his findings, Mucciaroni speculates that LGBT rights advocates may want to rethink some of their strategies. He argues that they have fared much better when issues are resolved at state and local levels rather than in Washington. “While gays do somewhat better on balance when they go through the courts than when they work through legislatures and ballot measures, going through the courts has backfired on some issues, like marriage, by leading to ballot-initiatives,” said Mucciaroni.


He contends that rather than following a traditional civil rights path, LBGT rights groups may be more successful if they work through more democratic arenas by personalizing their stories and reaching out to fellow citizens. Said Mucciaroni, “Pursuit of change through the courts can short circuit necessary conversation and understanding that needs to be cultivated in this area.”


“Gays should emphasize the argument that society, not just gays, benefit from same-sex marriage. Stabilizing gay relationships through partner recognition may allow those individuals to contribute to society in many more productive and meaningful ways,” he said.

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