Social and Behavioral Sciences Commons^™

Examining Perceived Effects Of Same-Sex Marriage Legalization Among Sexual Minority Women: Identifying Demographic Differences And Factors Related To Alcohol Use Disorder, Depression, And Self-Perceived Health, Laurie A. Drabble, Amy A. Mericle, Cat Munroe, Angie R. Wootton, Karen F. Trocki, Tonda L. Hughes

Faculty Research, Scholarly, and Creative Activity

Introduction

Reductions in structural stigmas, such as gaining access to legalized same-sex marriage, are associated with positive psychological and physical health outcomes among sexual minorities. However, these positive outcomes may be less robust among sexual minority women (SMW).

Methods

This study examined how perceptions of the impact of legalized same-sex marriage among SMW may (1) differ by demographic characteristics and (2) predict alcohol use disorder, depression, and self-perceived health. A diverse sample of SMW (N=446) completed an online survey in 2020 assessing the perceived impact of legalized same-sex marriage across six social-ecological domains: (1) personal impact, (2) stigma-related …

Measuring The Impact Of Legal Recognition Of Same-Sex Marriage Among Sexual Minority Women, Laurie A. Drabble, Amy A. Mericle, Angie R. Wootton, Cat Munroe, Libo Li, Karen F. Trocki, Tonda Hughes

Faculty Research, Scholarly, and Creative Activity

Reductions in structural stigma, such as gaining access to legalized same-sex marriage, is associated with positive psychological and physical health outcomes among sexual minority adults. However, these positive outcomes may be less robust among sexual minority women (SMW; e.g., lesbian, bisexual, queer) than sexual minority men and new measures are needed to develop a more nuanced understanding of the impact of affirming policies on the health and well-being of SMW. This study assessed the psychometric properties of measures developed to assess the psychosocial impacts of legalized same-sex marriage on the lives of SMW. Participants (N = 446) completed an online …

Perceived Psychosocial Impacts Of Legalized Same-Sex Marriage: A Scoping Review Of Sexual Minority Adults' Experiences, Laurie A. Drabble, Angie R. Wootton, Cindy B. Veldhuis, Ellen D. B. Riggle, Sharon S. Rostosky, Pamela J. Lannutti, Kimberly F. Balsam, Tonda L. Hughes

Political Science Faculty Publications

A growing body of literature provides important insights into the meaning and impact of the right to marry a same-sex partner among sexual minority people. We conducted a scoping review to 1) identify and describe the psychosocial impacts of equal marriage rights among sexual minority adults, and 2) explore sexual minority women (SMW) perceptions of equal marriage rights and whether psychosocial impacts differ by sex. Using Arksey and O'Malley's framework we reviewed peer-reviewed English-language publications from 2000 through 2019. We searched six databases (PubMed, PsycINFO, CINAHL, Web of Science, JSTOR, and Sociological Abstracts) to identify English language, peer-reviewed journal articles …

Religion, Conscience, And The Law: Reasons, Bases, And Limits For Exemptions, Kent Greenawalt

Faculty Scholarship

Kent Greenawalt discusses the permissibility, scope, and rationale for law to provide exemptions to protect religious and nonreligious conscience in the United States. It may be difficult for the law to determine which sentiments amount to conscience given differences in individuals’ perception and the strength of their convictions. Even the notion of a religious conscience is complex. Religious citizens’ conclusions about matters of interest to religion may proceed from both religion and reason, or only from reason. It is not clear what should count as religious, given differences between denominations and their ideas over time. There are a host of …

A New Twist On The “Un-African” Script: Representing Gay And Lesbian African Weddings In Democratic South Africa, Michael W. Yarbrough

Publications and Research

This essay examines the media coverage surrounding two African weddings of lesbian and gay couples in South Africa, as a lens onto the evolving cultural politics of black queerness in that country. Two decades after South Africa launched a world-leading legal framework for LGBTI protections, I argue that these media representations depict the growing inclusion of black LGBTIQ people as a process of bridging the supposed “gap” between homosexuality and African culture. This new “bridging the gap” script seemingly rejects the older, dominant script portraying homosexuality as intrinsically “un-African.” But I argue that it instead reproduces the “un-African” script in …

Studying The Longest ‘Legal’ U.S. Same-Sex Couples: A Case Of Lessons Learned, Esther D. Rothblum, Kimberly F. Basalm, Ellen D. B. Riggle, Sharon S. Rostosky, Robert E. Wickham

Political Science Faculty Publications

We review methodological opportunities and lessons learned in conducting a longitudinal, prospective study of same-sex couples with civil unions, recruited from a population-based sample, who were compared with same-sex couples in their friendship circle who did not have civil unions, and heterosexual married siblings and their spouse. At Time 1 (2002), Vermont was the only US state to provide legal recognition similar to marriage to same-sex couples; couples came from other US states and other countries to obtain a civil union. At Time 2 (2005), only one US state had legalized same-sex marriage, and at Time 3 (2013) about half …

Something Old, Something New: Historicizing Same-Sex Marriage Within Ongoing Struggles Over African Marriage In South Africa, Michael W. Yarbrough

Publications and Research

This article examines contemporary struggles over same-sex marriage in the daily lives of black lesbian- and gay-identified South Africans. Based primarily on 21 in-depth interviews with such South Africans drawn from a larger project on post-apartheid South African marriage, the author argues that their current struggles for relationship recognition share much in common with contemporaneous struggles of their heterosexual counterparts, and that these commonalities reflect ongoing tensions between more extended-family and more dyadic understandings of African marriage. The increasing influence of dyadic understandings of marriage, and of associated ideals of romantic love, has helped inspire same-sex marriage claims and, in …

Backlash Or A Positive Response? Public Opinion Of Lgb Issues After Obergefell V. Hodges., Emily Kazyak, Mathew Stange

Department of Sociology: Faculty Publications

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 …

Introduction: For Better Or For Worse? Relational Landscapes In The Time Of Same-Sex Marriage, Michael W. Yarbrough

Publications and Research

As same-sex marriage has become a legal reality in a rapidly growing list of countries, the time has come to assess what this means for families and relationships on the ground. Many scholars have already begun to examine how marriage is helping some same-sex couples, but in this introduction I call for a broader and more critical research agenda. In particular, I argue that same-sex marriage crystallizes a key tension surrounding families and relationships in many contemporary societies. On the one hand, strict family norms are relaxing in many places, allowing more people to form more diverse types of caring …

Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow

Michael C. Dorf

Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings reinforce …

Doux Commerce, Religion, And The Limits Of Antidiscrimination Law, Nathan B. Oman

Indiana Law Journal

This Article addresses the question of law, religion, and the market directly. It does so by developing three theories of how one might conceptualize the proper relationship between commerce and religion. The first two theories I offer are not meant to be summaries of any position explicitly articulated by any particular thinker. There is a paucity of explicit reflection on the question of markets and reli-gion and virtually no effort to generate broad legal theories of that relationship. Rather, these theories are an attempt to explicitly articulate clusters of intuitions that seem to travel together. My hope is to show …

Honor, Shame, And Redemption: Explicating The American Evangelical Right's Moral Worldview Regarding Same-Sex Marriage And Abortion, Jeffrey B. Satterwhite

Electronic Theses and Dissertations

With the rise of the New Religious Right in American politics, same-sex marriage and abortion emerged as the seminal political issues in a burgeoning culture wars narrative. While previous literature in the sociology of religion and political science fields has examined conservative evangelical political mobilization around these issues, this literature has not adequately considered the primacy of theology in determining these critical political commitments of the evangelical right. This dissertation utilizes aspects of James Wellman's concept of moral worldview, Ann Swidler's ideas on the cultural toolkit, and Christian Smith's subcultural identity theory to explore the formation of conservative …

Who Says I Do: The Changing Context Of Marriage And Health And Quality Of Life For Lgbt Midlife And Older Adults, Anna M. Muraco, Jayn Goldsen, Amanda E. B. Bryan, Hyun-Jun Kim, Sarah Jen, Karen I. Fredriksen-Goldsen

Sociology Faculty Works

Purpose of the study: Until recently, lesbian, gay, bisexual, and transgender (LGBT) adults were excluded from full participation in civil marriage. The purpose of this study is to examine how legal marriage and relationship status are associated with health-promoting and at-risk factors, health, and quality of life of LGBT adults aged 50 and older.

Design and methods: We utilized weighted survey data from Aging with Pride: National Health, Aging, and Sexuality/Gender Study (NHAS) participants who resided in states with legalized same-sex marriage in 2014 (N = 1,821). Multinomial logistic regression was conducted to examine differences by relationship status (legally married, …

Withstand Or Succumb: Christian Universities And The Implications Of Obergefell V. Hodges, Jonathan Mark Pickering

Scholarship – Academic Affairs Office

Most Christian universities support a traditional view of human sexuality. It is uncertain if they can survive with their religious identity intact, given the rapid increase in societal acceptance of same-sex marriage. The 2015 Obergefell v. Hodges decision legalizing same-sex marriage increases pressure to be more affirming. Thirty-four presidents at universities in the Council for Christian Colleges and Universities (CCCU) participated in a survey, and twelve were interviewed to explore their perceptions regarding that pressure and potential responses. The study was framed by institutional isomorphism theory, and data were analyzed using basic qualitative research methods. The results show that coercive …

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine Baker

All Faculty Scholarship

Most contemporary family law scholarship assumes that propriety of a DNA default for establishing parenthood - a presumption that, in the absence of marriage, whoever had the sex with the mother that resulted in the child should be the father of the child. This article problematizes that DNA default. It demonstrates how the DNA default necessarily magnifies the legal and social importance of sex, discounts the legal significance of women's reproductive labor, and marginalizes all children living outside the binary, heteronormative norm that a genetic regime necessarily edifies. When scrutinized, the DNA default looks just as moralistic and exclusionary as …

The Dna Default And Its Discontents: Establishing Modern Parenthood, Katharine K. Baker

Katharine K. Baker

Selling Queer Rights: The Commodification Of Queer Rights Activism, Laurence Pedroni

Themis: Research Journal of Justice Studies and Forensic Science

With the recent Supreme Court decision to legalize same-sex marriage throughout the country, many have spoken in support of the decision, calling it a massive expansion of civil rights. While affording marriage rights to same-sex couples, these rights and expansions should be understood in the greater context of historical queer rights struggle and the economic factors that have motivated these civil rights expansions. This article will examine how the expansion of gay marriage rights was motivated not by concerns with civil rights, but out of economic concerns. This process has, in effect, commodified queer rights, weakening queer rights politics to …

An Exploration Of The Experience Of Female Same-Sex Marriage, Melissa Rose Mulick

Antioch University Full-Text Dissertations & Theses

In June 2015 the Supreme Court of the United States ruled in favor of nationwide legalization of same-sex marriage. While same-sex marriage had previously been legalized in individual states, this ruling effectively increased the population of women legally married to other women. A review of research historically conducted on female same-sex relationships indicated that they were often fraught with heteronormative assumptions and biases, leaving the conclusions questionable at best. This dissertation used Amedeo Giorgi’s (2009) qualitative methodology of Descriptive Phenomenology in order to explore the essence of the experience of female same-sex marriage. Ten cisgender women who were legally married …

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir

Doron M Kalir

In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …

Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir

Law Faculty Articles and Essays

In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that, in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …

An Exploratory Study Of Spending Patterns, Obstacles And Traditions Among Same-Sex Marriage Vs Heterosexual Marriage: Who's The Bigger Spender?, Lydia Perritt

Graduate Theses and Dissertations

This study investigated if there was a significant difference in the amount of money spent on same-sex weddings versus heterosexual weddings. The results of this study would assist both the wedding and hospitality industry by providing much needed financial and planning information.

A descriptive, four-section survey was distributed online via Qualtrics utilizing snowball sampling. A total of 152 respondents participated in the study; 84 heterosexual and 68 LGBTQ. The respondents completed the questionnaire that measured wedding traditions, wedding spending, obstacles and challenges faced during their wedding and wedding planning, and demographic information.

The results of this study indicated that same-sex …

Toward A Political Sociology Of Conjugal-Recognition Regimes: Gendered Multiculturalism In South African Marriage Law, Michael W. Yarbrough

Publications and Research

While conjugal-recognition policies are often a subject of political debate, scholarly attempts to explain such policies are relatively rare and typically focused on discrete policies—same-sex marriage, no-fault divorce, etc.—with comparatively little investigation of potential connections among policies. This article begins to develop a more holistic approach focused on explaining and understanding what I call conjugal-recognition regimes. Adapting the concept from the existing literature on welfare regimes, I argue that conjugal-recognition regimes exist when an identifiable pattern or principle organizes an institution’s conjugal-recognition policy and thereby shapes social relations at multiple levels, from the individuals in conjugal relationships to the multiple …

Strange Bedfellows: How An Anticipatory Countermovement Brought Same-Sex Marriage Into The Public Arena, Michael C. Dorf, Sidney Tarrow

Cornell Law Faculty Publications

Since the 1980s, social movement scholars have investigated the dynamic of movement/countermovement interaction. Most of these studies posit movements as initiators, with countermovements reacting to their challenges. Yet sometimes a movement supports an agenda in response to a countermovement that engages in what we call “anticipatory countermobilization.” We interviewed ten leading LGBT activists to explore the hypothesis that the LGBT movement was brought to the fight for marriage equality by the anticipatory countermobilization of social conservatives who opposed same-sex marriage before there was a realistic prospect that it would be recognized by the courts or political actors. Our findings reinforce …

Federalism As A Way Station: Windsor As Exemplar Of Doctrine In Motion, Neil S. Siegel

Faculty Scholarship

This Article asks what the Supreme Court’s opinion in United States v. Windsor stands for. It first shows that the opinion leans in the direction of marriage equality but ultimately resists any dispositive “equality” or “federalism” interpretation. The Article next examines why the opinion seems intended to preserve for itself a Delphic obscurity. The Article reads Windsor as an exemplar of what judicial opinions may look like in transition periods, when a Bickelian Court seeks to invite, not end, a national conversation, and to nudge it in a certain direction. In such times, federalism rhetoric—like manipulating the tiers of scrutiny …

Civil Rights 3.0, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

It is now commonplace to hear the LGBT rights movement being described as the last, or the next, or today’s, pre-eminent civil rights issue. This chapter will explore what that means from several perspectives: What does the label tell us about the civil rights paradigm itself? If the achievement of marriage equality is the great civil rights achievement of this generation, what does that suggest about a future for equality more generally? How have new forms of, and technologies for, movement building affected the idea and practice of civil rights? Does the civil rights paradigm have a future? I focus …

Disguising Religious Ideas In Secular Clothing: The Legitimation Of Religious Ideology In The Same-Sex Marriage Debate, Tess Burns

Honors Theses

This paper attempts to unpack the justifications of position against same-sex marriage in the hopes of revealing the process through which anti-gay rhetoric becomes acceptable. By examining the legal and political arguments against same-sex marriage, we can come to a fuller understanding of how and why ideas become legitimate. The findings will not only be applicable to the anti-gay movement, but to a number of relevant social and political issues, perhaps including abortion and even tax reform. By discovering the ways in which ideas are legitimated, we can come to a deeper appreciation of the mobilization and counter-mobilization efforts that …

Same-Sex Marriage On The Iberian Peninsula: The Church And Franco’S Competing Legacies, Noah Jennings

Claremont-UC Undergraduate Research Conference on the European Union

No abstract provided.

Federalism, Liberty, And Equality In United States V. Windsor, Ernest A. Young, Erin C. Blondel

Faculty Scholarship

This essay argues that federalism played a profoundly important role in the Supreme Court's decision in United States v. Windsor, which struck down the federal Defense of Marriage Act. Arguments to the contrary have failed to appreciate how Justice Kennedy's opinion employed federalism not as a freestanding argument but as an essential component of his rights analysis. Far from being a "muddle," as many have claimed, Justice Kennedy's analysis offered one of the most sophisticated examples to date of the interconnections between federalism, liberty, and equality.

Exposing The Traditional Marriage Agenda, Jessica Feinberg

Northwestern Journal of Law & Social Policy

The success of a social justice movement, especially with regard to issues upon which the public will be voting, depends in significant part on how the issues are defined or framed. Anti-same-sex marriage campaigns frequently urge voters to vote in favor of laws defining marriage as between a man and a woman in order to “protect traditional marriage.” Instead of framing the issue as a question of whether individuals of the same sex should be banned from marrying, anti-same-sex marriage campaigns often frame the issue as a question of whether traditional marriage should be protected from redefinition. This strategy has …