Social Change

The differences between states and within states are profound, and while that has long been true, it is much more consequential to LGBT individuals since the legalization of same-sex marriage. Social change relating to LGBT issues were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework and examines legislative responses to the legalization of same-sex marriage focusing on place.

Framework for Social Change

Culture shifts relating to LGBT rights were originally addressed in a 1997 article written by Thomas Stoddard titled “Bleeding Heart: Reflections on Using the Law to Make Social Change.” This chapter uses his framework for social change and examines how rule shifting and cultural shifts interact with the legalization of same-sex marriage.

Social Jurisprudence

This chapter provides a brief history of law and the role of social science in courtroom battles, further reviewing the use of social science in marriage equality cases. One of the more striking features in marriage equality litigation was the prominent role of social science in addressing issues germane to the legal arguments on both sides. The chapter concludes by discussing how social science may have influenced litigation and whether such influence was appropriate.

Religious Liberty

This chapter places U.S. religious liberty principles in historical context. The 1960s to present day are examined, providing a provocative analysis of religious liberty cases and the ongoing role courts play in this debate, coupled with the legalization of same-sex marriage. A legal analysis is provided for Supreme Court cases.

Public Accommodations

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.

The Future of LGBT Politics

This chapter summarizes the role of the U.S. Supreme Court in national policymaking. In the United States there exists a nationally shared set of beliefs, values, and customs, or cultural universals. However, these shared attributes vary according to place and political affiliation. Extending the right to marry to same-sex couples through judicial means precipitated a backlash in which religious groups and individuals turned to legislative solutions to contest the court's decision and their obligation to recognize marriage equality. As the final arbiter of law in the United States, the nine unelected justices of the U.S. Supreme Court play a significant role in policymaking, and their attitudes and decisions regarding policy are tied to the political selection of justices. In the future, decision making from the court to further extend the rights of LGBT citizens may be directly tied to the increasingly partisan selection process for justices.