Social Movements and Gay Rights

Defining Social Movements and Organizations

• Definition of a Social Movement: A social movement consists of a group of individuals united by a common interest and organized specifically for political advocacy. A key characteristic is that their interest is typically not recognized as legitimate by the existing political system.

• Methods of Advocacy: Social movements utilize dramatic grassroots protests to achieve two primary goals:     * To demonstrate the widespread nature of their specific grievance.     * To signal to lawmakers that championing their cause may provide political advantages.

• Examples of Social Movements:     * The Civil Rights Movement.     * The women’s suffrage movement.     * The women’s rights movement at Michigan State University (MSU).

• Social Movement Organization (SMO): This is a formal or semiformal entity that performs several critical functions:     * Coordinates the activities of the movement's members.     * Provides centralized leadership and develops long-term strategies.     * Facilitates outreach to public officials and other interest groups to garner support.     * Evolution of SMOs: If a social movement is successful, the SMO often transitions into a standard interest group.

Comparative Analysis: Social Movements vs. Related Entities

• Similarities to Interest Groups: Both must successfully recruit individuals and persuade them to contribute time and resources toward advocacy efforts.

• Differences from Interest Groups: Social movements often require members to risk actual bodily harm. This risk is taken to prove to lawmakers that current policies are actively depriving them of rights that the rest of society enjoys.

• Metric of Success: Success for a social movement is defined by winning legitimacy in the public eye and securing direct attention from political leaders.

• Social Movements vs. Revolutions:     * Historical Context: America has a historical precedent of rivolting against the government when legitimate grievances are ignored.     * Core Goal: Revolutions aim to destroy the existing government, whereas social movements seek inclusion within the government.

• The Concept of Grievance: A grievance is defined as the harm inflicted upon the interests of a group by current public policy. This usually occurs because the group's interests are not deemed legitimate by contemporary policymakers.

Determinants of Social Movement Success

• 1. A Substantive Grievance: Purposive benefits must be strong enough to overcome the "free rider problem."

• 2. Organizational and Societal Support: Success requires charismatic leadership and a formal organization to develop the movement's message, establish communication lines, and craft effective advocacy strategies.

• 3. Political Opportunity: These opportunities manifest when the group’s interests are framed as consistent with the dominant values of society. This is critical because collective morality serves as the foundation for lawmaking.

• 4. Lawmaker Response: Grassroots protests are most effective when elected politicians become concerned about their voting base and how the protest might impact their electoral viability.

• Grassroots Protest Mechanics: This occurs when an interest group or SMO successfully mobilizes members and sympathizers for public events (marches, speeches).     * It demonstrates the scale of people hurt by current policies.     * It identifies a large constituency whose loyalty could be won by a lawmaker who champions the movement's cause.

The Historical Roots and Early Evolution of the LGBT Movement

• The Post-WWII "Homophile Movement": The modern movement trace its roots to immediately after World War II ($1945+$ ).

• Early Group Characteristics: Initial organizations were primarily educational. While protests occurred in the $1960s$, they were largely out of the public eye and concentrated in New York City (NYC).

• The Strategic Rift of the Late $1960s$:     * Assimilationist Groups: Focused on seeking acceptance and fitting into mainstream society through traditional lobbying tactics.     * Liberationist Groups: Desired the creation of safe spaces to develop a positive gay identity and utilized unconventional or radical tactics.

• Current State of the Movement:     * Features a diverse range of generalist and specialist interest groups at national and sub-national levels.     * Boasts vibrant social and political communities in most US metropolitan areas.     * Enjoys strong public support for most forms of LGBT equality.     * Includes LGBT elected officials across all levels of government.     * Benefits from public policies that protect the civil rights of LGBT individuals and couples.     * Represents a sharp contrast to the struggles of the $1950s$ and $1960s$, though the struggle remains ongoing.

The Stonewall Riots: A Pivotal Turning Point

• Identity: Also known as the Stonewall Uprising, these events occurred in June $1969$.

• Location: The Stonewall Inn, a gay bar located in Greenwich Village, New York City.

• The Catalyst: On June $28$, $1969$, police conducted a raid on the Stonewall Inn to harass patrons and arrest individuals for violating laws concerning gender-appropriate clothing.

• The Event: Patrons and onlookers resisted the police, leading to a days-long melee known as the Stonewall Riots.

• Significance: The riots galvanized the LGBTQ community and are credited with sparking the modern LGBTQ civil rights movement.

Progressive Decades: $1970s$, $1980s$, and $1990s$

• The $1970s$: The movement gained strength and saw early policy successes, including local anti-discrimination policies that featured sexual orientation language. Polling agencies also began asking about gay rights for the first time.

• The $1980s$ and the HIV/AIDS Crisis:     * The decade saw significant setbacks due to the onset of the HIV/AIDS epidemic.     * Delayed government response spurred the creation of militant advocacy groups like ACT UP and the Lesbian Avengers.     * These groups pushed for increased AIDS funding, faster FDA drug releases, and anti-discrimination protections.

• The $1990s$ and Protest Politics:     * Emergence of groups like Queer Nation and TAG (Treatment Action Network).     * Tactics included "kiss-ins" and public protests.     * In $1992$, activists protested Presidential candidate Bill Clinton because of an anti-sodomy law he signed while serving as Governor of Arkansas.

Legal Landscapes and Constitutional Foundations

• The $14^{th}$ Amendment: Serves as the basis for the selective incorporation of the Bill of Rights and the foundation for civil rights debates via the Equal Protection Clause.

• The Equal Protection Clause: "No State shall make or enforce any law which shall … deny to any person within its jurisdiction the equal protection of the laws."

• Bowers v. Hardwick ($1986$):     * The Supreme Court ruled that the $14^{th}$ Amendment does not prevent states from criminalizing private sexual conduct between same-sex couples.     * The ruling upheld a Georgia anti-sodomy statute and was a major defeat for LGBTQIA+ groups.

• Colorado Amendment $2$ ($1992$): Voters passed an amendment ($53\%-47\%$\ margin) to deny homosexuals protection from discrimination based on sexual orientation.

• Romer v. Evans ($1996$): The Supreme Court ruled that under the Equal Protection Clause, a state cannot amend its constitution to deny homosexuals the same basic legal protections as heterosexuals.

Marriage Equality and Federal Law

• The Defense of Marriage Act (DOMA) ($1996$):     * Defined marriage federally as a union between one man and one woman.     * Denied federal recognition to same-sex marriages.     * Allowed states to ignore same-sex marriages performed in other states, appearing to bypass the Full Faith and Credit Clause.

• Obergefell v. Hodges ($2015$):     * A landmark case ruling that same-sex couples have a Constitutional right to marry.     * Established that the $14^{th}$ Amendment’s Due Process and Equal Protection Clauses guarantee this right.     * Required all states to recognize same-sex marriages performed in other jurisdictions.

• California Marriage Conflict:     * In $2004$, the California Supreme Court ruled same-sex couples had a constitutional right to marry. Licenses were issued for approximately four months.     * Proposition 8 ($2008$): A voter-passed measure stating "only marriage between a man and a woman is valid or recognized in California."     * In $2013$, a U.S. District Court ruled Proposition $8$ unconstitutional. The Supreme Court dismissed the subsequent appeal, and Governor Jerry Brown ordered marriages to resume.

Profiles of Major LGBT Interest Groups

• Freedom to Marry:     * Comprised of a nonprofit educational group and a $501(c)(4)$ lobbying group.     * Founded in $2003$ by Evan Wolfson (attorney in the $1993$ case Baehr v. Miike, the first state court case to find a legal basis for same-sex marriage).     * Budget: Over $3\,million$; Members: $1,200$.

• Human Rights Campaign (HRC):     * Founded in $1980$; Largest group with $1.5\,million$ members and a $53\,million$ budget.     * Strategic approach: Centralized leadership (Executive Board), no local chapters.     * PAC Activity: Contributes $1\,million$ to $2\,million$ per election, primarily to Democrats.     * Notable efforts: Opposing the MN anti-gay marriage initiative in $2012$ and various "Religious Freedom Restoration Acts."     * Programs: Project One America and the National Coming Out Project.

• National Gay and Lesbian Task Force (NGLTF):     * Formed in $1973$; oldest surviving LGBT group.     * Budget: $5\,million$ to $7\,million$; Members: $35,000$.     * Features the NGLTF Policy Institute (educates/organizes) and hosts the annual Creating Change Conference.     * Conflict: Competes with HRC as a generalist group but advocates for more civil disobedience.

• GLAAD (Gay and Lesbian Alliance Against Defamation):     * Started in $1985$ to combat homophobic media reporting.     * Convinced the NY Times to use the term "gay" in $1987$.     * Budget: Over $4\,million$ annually.

• GLAD (Gay and Lesbian Advocates and Defenders):     * Specializes in litigation strategy.     * Notable cases: $1980$ case for a Rhode Island (RI) senior to attend prom with his boyfriend; gay foster parent rights in Massachusetts.

• Gay and Lesbian Victory Fund:     * A PAC formed in $1991$ to elect openly gay candidates.     * Openly gay officials grew from $20$ in $1991$ to $730$ in $2009$.     * In $2012$, endorsed $180$ candidates ($123$ won), including Senator Tammy Baldwin (WI).

• Lambda Legal:     * Founded in $1973$; the first legal organization focused on LGBT equality.     * Budget: Over $20\,million$.     * Selected Litigation: Romer v. Evans, Lawrence v. Texas ($2003$), and the $2009$ Iowa marriage case.

• Log Cabin Republicans:     * Largest LGBT Republican group with over $40$ chapters in $25$ states.     * Budget: $300,000$ to $400,000$.     * Founded in $1978$ to oppose a California measure that would have banned gay teachers.

• PFLAG (Parents, Families, and Friends of Lesbians and Gays):     * Founded in the $70s$, became national in the $80s$.     * Status: Over $350$ chapters, $200,000$ members, $5\,million$ budget.     * Focus: Support, education, and advocacy; successful in military policy and Title IX changes.     * Programs: "Straight for Equity" for non-family allies.