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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

“In A Religious Celebration”? The Religious Defense Of Lgbt Rights In U.S. Federal Courts, Kelsy Burke, Emily Kazyak, Maia Behrendt Jul 2023

“In A Religious Celebration”? The Religious Defense Of Lgbt Rights In U.S. Federal Courts, Kelsy Burke, Emily Kazyak, Maia Behrendt

Department of Sociology: Faculty Publications

This article advances scholarship on the relationship between sexuality, religion, and the law within the United States by analyzing case summaries and court opinions of the federal appellate cases decided between 1990 and 2020 that involve a religion-based claim being used to advance or defend gay and lesbian rights. Contrary to dominant public narratives that position religion uniformly in opposition to progressive sexual values, these cases show how Americans’ religious beliefs and practices include diverse sexual identities. We find that the courts’ reactions to such cases, however, illustrate the tension within legal discourse and hesitancy for the courts to equate …


The False Dichotomy Of Sex And Religion In America, Kelsy Burke Feb 2022

The False Dichotomy Of Sex And Religion In America, Kelsy Burke

Department of Sociology: Faculty Publications

Religion and sexuality are polysemic categories. While conservative religion often fights against progressive sexual politics in contemporary America, this “usual story” is fractured and destabilized by people navigating the relationship between religion and sexuality as complex social creatures, not pundits or caricatures. Drawing from interdisciplinary scholarship, I examine salient issues of sexual politics—including abortion and reproductive rights, LGBT rights, and pornography—to show how religious actors have been on both sides of these debates. Because of this polysemic complexity, scholars of religion must not only tend to the dynamic interaction between religion and other categories, we must also recognize and study …


Law And Family Formation Among Lgbq-Parent Families, Emily Kazyak, Brandi Woodell, Kristin S. Scherrer, Emma Finken Jul 2018

Law And Family Formation Among Lgbq-Parent Families, Emily Kazyak, Brandi Woodell, Kristin S. Scherrer, Emma Finken

Department of Sociology: Faculty Publications

This article addresses how the law affects family formation among families with lesbian, gay, bisexual, and queer (LGBQ) parents in the United States. Our discussion draws on a socio-legal approach to law that focuses not only on the law on the books (what we refer to as “legal barriers”) but also on issues like how the law is practiced, how people experience the law in everyday life, and how the law serves as an interpretive framework through which people understand themselves and their families (what we refer to as “social barriers”). In our review, we highlight how attorneys can play …


Backlash Or A Positive Response? Public Opinion Of Lgb Issues After Obergefell V. Hodges., Emily Kazyak, Mathew Stange Jan 2018

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 …


Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell Jan 2016

Law And Lgbq-Parent Families, Emily Kazyak, Brandi Woodell

Department of Sociology: Faculty Publications

This paper addresses how the law affects LGBQ-parent families. We first outline the legal landscape that LGBQ parents face in the US, underscoring that it varies drastically by state and creates inequity for families. Reviewing existing social science research, we then address how the law affects three processes for LGBQ people: desiring parenthood, becoming a parent, and experiencing parent- hood. Our review indicates that the law affects if and how LGBQ people become parents. LGBQ people consider the law as they make decisions about whether to pursue adoption, donor insemination, or surrogacy and often view the latter two pathways as …


"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak Feb 2015

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …


How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins Jan 2015

How Law Shapes Experiences Of Parenthood For Same-Sex Couples, Nicholas K. Park, Emily Kazyak, Kathleen S. Slauson-Blevins

Department of Sociology: Faculty Publications

Gay, lesbian, and bisexual (GLB) parents are increasingly common and visible, but they face a number of social and legal barriers in the United States. Using legal consciousness as a theoretical framework, we draw on data from 51 interviews with GLB parents in California and Nebraska to explore how laws impact experiences of parenthood. Specifically, we address how the legal context influences three domains: the methods used to become parents, decisions about where to live, and experiences of family recognition. Law and perception of the law make some pathways to parenthood difficult or unattainable depending on state of residence. Parents …