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Transgender Rights and Politics: Groups, Issue Framing, and Policy Adoption PDF

303 Pages·2014·10.41 MB·English
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Revised Pages Transgender Rights and Politics To date, the media has focused on the gay community’s call for the end of discrimination and for marriage equality. Likewise, most of the scholarship on gay politics and policy has focused on the morality debates over sexual orientation and the legal aspects of rights for nonheterosexuals. With the intense focus on gay and lesbian rights, transgender concerns have received little attention, from either the media or researchers in political science. However, as transgender activism has become more visible, policymakers, both in the United States and around the world, have begun to respond to demands for more equitable treatment. In this volume, Jami K. Taylor and Donald P. Haider- Markel bring together new research employing the concepts and tools of political science to explore the politics of transgender rights. Volume contributors address the framing of transgender rights in the United States and in Latin America. They discuss transgender interest groups, the inclusion of transgender activists in advocacy coalitions, policy diffusion at the state and local levels, and, importantly, the implementation of transgender public policy. This volume sets the standard for empirical research on transgender politics and demonstrates that the study of this topic can contribute to the understanding of larger questions in the field of political science. Jami K. Taylor is Associate Professor of Political Science and Public Administration at the University of Toledo. Donald P. Haider-M arkel is Professor of Political Science and Chair at the University of Kansas. Revised Pages Revised Pages Transgender Rights and Politics Groups, Issue Framing, and Policy Adoption Edited by Jami K. Taylor and Donald P. Haider-M arkel University of Michigan Press Ann Arbor Revised Pages Copyright © by the University of Michigan 2014 All rights reserved This book may not be reproduced, in whole or in part, including illustrations, in any form (be- yond that copying permitted by Sections 107 and 108 of the U.S. Copyright Law and except by re- viewers for the public press), without written permission from the publisher. Published in the United States of America by The University of Michigan Press Manufactured in the United States of America c Printed on acid- free paper 2017 2016 2015 2014 4 3 2 1 A CIP catalog record for this book is available from the British Library. Library of Congress Cataloging- in- Publication Data Transgender rights and politics : groups, issue framing, and policy adoption / edited by Jami K. Taylor and Donald P. Haider- Markel. pages cm Includes bibliographical references and index. isbn 978- 0- 472- 07235- 4 (hardcover : alk. paper) — isbn 978- 0- 472- 05235- 6 (pbk. : alk. paper) — isbn 978- 0- 472- 12060- 4 (e- book) 1. Transgender people— Civil rights. 2. Transgender people—L egal status, laws, etc. 3. Sex and law. I. Taylor, Jami K., editor of compilation. II. Haider- Markel, Donald P., editor of compilation. HQ77.9.T7173 2014 306.76'8— dc23 2014018293 Revised Pages Contents Introduction to Transgender Rights and Politics 1 Jami K. Taylor and Donald P. Haider- Markel Framing in the United States and Abroad 1 | Issue Framing and Transgender Politics: An Examination of Interest Group Websites and Media Coverage Barry L. Tadlock 25 2 | Transgender Policy in Latin American Countries: An Overview and Comparative Perspective on Framing Jacob R. Longaker and Donald P. Haider-M arkel 49 Advocacy and Interest Groups 3 | Interest Groups and Transgender Politics: Opportunities and Challenges Anthony J. Nownes 83 4 | The Advocacy Coalition Framework and Transgender Inclusion in LGBT Rights Activism Jami K. Taylor and Daniel C. Lewis 108 The Diffusion and Implementation of Transgender- Inclusive Nondiscrimination Policy 5 | Transgender- Inclusive Ordinances in Cities: Form of Government, Local Politics, and Vertical Influences Jami K. Taylor, Barry L. Tadlock, Sarah J. Poggione, and Brian DiSarro 135 Revised Pages vi | Contents 6 | Is Transgender Policy Different? Policy Complexity, Policy Diffusion, and LGBT Nondiscrimination Law Daniel C. Lewis, Jami K. Taylor, Brian DiSarro, and Matthew L. Jacobsmeier 155 7 | Executive Expansion of Transgender Rights: Electoral Incentives to Issue or Revoke Executive Orders Mitchell D. Sellers 189 8 | Policy Learning, Language, and Implementation by Local Governments with Transgender- Inclusive Nondiscrimination Policies Mitchell D. Sellers and Roddrick Colvin 208 Beyond Nondiscrimination Policy 9 | Key Issues in Transgender Health Care Policy and Practice Ryan Combs 231 10 | Birth Certificate Amendment Laws and Morality Politics Jami K. Taylor, Barry L. Tadlock, and Sarah J. Poggione 252 11 | Conclusion and Future Directions in Transgender Politics and Policy Jami K. Taylor and Donald P. Haider- Markel 273 Contributors 283 Index 287 Revised Pages Jami K. Taylor and Donald P. Haider- Markel Introduction to Transgender Rights and Politics Over the past few decades, gay civil rights have been center stage in Amer- ican politics. Incessant battles over issues such as same-s ex marriage, gays in the military, and legislation banning discrimination have been waged. Regardless of one’s position on these issues, it is difficult to deny the im- pact of the lesbian, gay, bisexual, and transgender (LGBT) civil rights movement on American politics and society. However, when we speak of LGBT issues, there is a tendency to focus on policy based on one’s sexual orientation. This ignores an important segment of the LGBT community, transgender people. Despite being an afterthought, which, politically, it often has been for the LGBT movement, the transgender community raises important concerns for governance and our theoretical understand- ings of the democratic process (Taylor 2007; Johnson 2011). To address these issues, this edited volume brings together needed scholarship on transgender advocacy and policy. Its goal is to provide a clear and penetrable exploration of transgender issues in politics. This is certainly needed given that a recent issue of the Journal of Public Affairs Education (Johnson 2011) identified transgender rights as a topic that pub- lic affairs programs should address. This volume brings together experts on administration, public policy, public opinion, and state politics to examine the phenomenon of transgender advocacy in largely democratic political systems. Importantly, this compilation departs from existing queer theory and legal approaches to the topic and applies empirical testing and exami- nation of questions related to transgender rights. Collectively, the authors provide new insights on this increasingly salient policy area. Transgender- Related Policy in the United States As of 2013, as shown in figure 1, fifteen states and the District of Columbia had passed hate crimes laws that protect on the basis of gender identity Revised Pages 3. 1 0 2 e n u of J as n.) ws, aig n laamp oC natihts mig crin Ri disma onHu n d d nn es ace a mor crik F ate Tas usive hesbian clL nd der iy an na eG ransgonal h tati witm N p of states mpiled fro a Mo c Fig. 1. (Data Revised Pages - h ns witTra s e eh Citind t 012. rs a ne 2utho ua s, as of Jd by the oliciempile n pco oa natiDat rimied. ( cd ndisnclu al nonot i or internus CDPs es ns ce nC na0. ordi201 ge cities with trans inclusive ns greater than 100,000 as of w and Policy Institute.) Fig. 2. Larpopulatiogender La

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To date, media and scholarly attention to gay politics and policy has focused on the morality debates over sexual orientation and the legal aspects of rights for non-heterosexuals. However, transgender concerns as such have received little attention. As transgender activism has become more visible,
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