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Give and Take: The Elimination of State Sodomy Laws and the Introduction of Anti-Same Sex Marriage Laws |
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Abstract:
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As recently as 2003, Justice Scalia linked consensual sodomy and same sex marriage in
his dissenting opinion in Lawrence v. Texas (123 S.Ct. 2472 at 2497). There is an
inherent logic in linking these two issues in terms of state action – they each are key
goals in the fight for the rights of lesbians, gay, and bisexuals. Yet, as this paper
demonstrates, it appears from the evidence of state action on these two issues that any
apparent direct nexus between these two elements is questionable. In fact, state action on
each of these two issues occurs in response to two very different configurations of social,
political, and religious forces. This lack of a direct nexus helps to explain the apparent
contradiction represented by the fact that 27 states in the period between 1961 and 2001
eliminated their restriction on private, consensual sodomy amongst adults while
contemporaneously introducing and maintaining a proscription on same sex marriage |
Most Common Document Word Stems:
state (195), marriag (77), sex (73), sodomi (67), law (49), restrict (42), model (37), v (37), legal (36), regress (33), action (32), year (31), two (31), polit (31), proscript (30), religi (30), presenc (28), court (26), gay (24), introduc (24), social (23), |
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Association:
Name: American Political Science Association URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Fisher, Shauna. and Barclay, Scott. "Give and Take: The Elimination of State Sodomy Laws and the Introduction of Anti-Same Sex Marriage Laws" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Sep 02, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p60432_index.html> |
APA Citation:
| Fisher, S. and Barclay, S. , 2004-09-02 "Give and Take: The Elimination of State Sodomy Laws and the Introduction of Anti-Same Sex Marriage Laws" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p60432_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: As recently as 2003, Justice Scalia linked consensual sodomy and same sex marriage in
his dissenting opinion in Lawrence v. Texas (123 S.Ct. 2472 at 2497). There is an
inherent logic in linking these two issues in terms of state action – they each are key
goals in the fight for the rights of lesbians, gay, and bisexuals. Yet, as this paper
demonstrates, it appears from the evidence of state action on these two issues that any
apparent direct nexus between these two elements is questionable. In fact, state action on
each of these two issues occurs in response to two very different configurations of social,
political, and religious forces. This lack of a direct nexus helps to explain the apparent
contradiction represented by the fact that 27 states in the period between 1961 and 2001
eliminated their restriction on private, consensual sodomy amongst adults while
contemporaneously introducing and maintaining a proscription on same sex marriage |
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| Document Type: |
.pdf |
| Page count: |
21 |
| Word count: |
6241 |
| Text sample: |
| Give and Take: The Elimination of State Sodomy Laws and the Introduction of Anti-Same Sex Marriage Laws Scott Barclay & Shauna Fisher American Political Science Association 2004 Meeting Chicago Illinois Panel 25-14 / 29-1 Parties and Interest Groups in State Policy Making Scott Barclay Shauna Fisher Department of Political Science Department of Political Science University at Albany: SUNY University of Washington Milne Hall Gowen Hall 135 Western Avenue Box 353530 Albany NY 12222 Seattle WA 98195-3530 s.barclay@albany.edu fishes@u.washington.edu Give |
| -.004 (.018) Percent of College Educated -.118 (.071) Personal Income per capita .00002 (.00003) Hostile Religious Groups Percent of Population in Hostile Religions .073 (.021)* Influence of Other States Number of States with a Sodomy Law .099 (.015)* Law Proscribing Same Sex Marriage Presence of a Law Proscribing Same Sex Marriage -.027 (.126) Constant -2.879 (1.348) N = 1650 Groups = 50 States Years: 33 Correlation Structure: AR1 Wald 2 (9) = 72.78 P = 0.000 * Significant at |
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