marriage equality

Location, location, location is the mantra we often hear about the value of real estate – and the same principle applies to the rights and protections enjoyed by gays, lesbians, and bisexuals across the United States. Those who live in New England, along the West coast and in the Great Lakes states can marry whom they wish and are legally protected against hate crimes and discrimination in public accommodations and employment. In the rest of the country, however, such legal rights and protections are rarely found. Drawing on my own research and that of other scholars, this brief explores why this variation exists. Regional imitation, the presence of gay and lesbian legislators, public opinion, and institutional rules all turn out to matter.

Neighboring States Acting Together

Regional differences in public policies supporting gays and lesbians suggest that the importance of what scholars call “policy diffusion,” where policies adopted in one state spread to its neighbors as their citizens and officials see positive effects and move to imitate. In New England, for example, the process started when Massachusetts legislated against employment discrimination in 1988 and recognized same-sex marriages in 2004, and Vermont became the first state to formally recognize same-sex relationships by instituting civil unions in 2000. Similarly, California and Minnesota were early adopters, setting the stage for diffusion along the West coast and among Great Lakes states. California legislated against employment discrimination in 1992 and against hate crimes in 1999, and Minnesota took action in 1993. more...

The debate over same-sex marriage – or “gay marriage” – has been contentious in national and state politics for nearly twenty years. After voters in many states rushed to ban same-sex unions, the tide turned. In recent years, sixteen states and the District of Columbia have legalized same-sex marriage and another three states have approved civil unions or domestic partnerships that include full spousal rights for lesbian, gay and bisexual couples. Despite this progress, as of the end of 2013, only 37% of Americans live in a state with marriage equality; and many lesbian, gay, and bisexual people still do not enjoy the full rights and benefits associated with marriage. This is unfortunate for moral and economic reasons. Equally important, a growing body of public health research documents the many health benefits associated with legal same-sex marriage. more...