June 16, 2009
Late last month, Gallup released findings from a new poll demonstrating that opposition to marriage equality is higher among American adults who say they don’t know anyone who is lesbian or gay.
The survey, which was conducted earlier in May, found that Americans oppose legalizing marriage between same-sex couples by 57% to 40% . That margin hasn’t changed notably since a previous Gallup poll about a year ago.
When the May sample was split into those who said they have a gay or lesbian friend, relative, or coworker (58% of the sample) and those who didn’t (40%), the differences in marriage attitudes were striking.
The latter group registered overwhelming opposition to marriage equality — 72% opposed it whereas only 27% favored it. Within this group, 63% said legalizing marriage for same-sex couples will change society for the worse, compared to six percent who said it will change society for the better. 30% believed it won’t have any effect on society.
By contrast, respondents reporting personal contact with a gay man or lesbian were almost evenly split — 49% supported marriage equality and 47% opposed it. They were also divided over whether marriage equality will change society for the worse (39% believed it will) or will have no effect (40% believed this). Only about one in five said it will change society for the better, but that percentage was more than three times higher than the comparable figure for respondents without a gay or lesbian friend, relative, or coworker.
Consistent with past research, the poll found that attitudes toward marriage equality are linked with a person’s political ideology, and that liberal respondents were more likely than their conservative counterparts to personally know gay people. But Gallup found that the correlation between personal contact and opinions about marriage remained significant, even when political ideology was statistically controlled.
But Why Only 49%?
The Gallup report prominently characterized the survey as showing that “Opposition to gay marriage [is] higher among those who do not know someone who is gay/lesbian.”
But we might well ask why there wasn’t greater support for marriage equality among poll respondents with gay or lesbian family or acquaintances. Why did only about half of that group support marriage rights? After all, research conducted over the past two decades has consistently shown that heterosexuals are less prejudiced against gay people if they know someone who is gay, and such prejudice is closely associated with opposition to marriage equality. (Data are lacking on how knowing a bisexual man or woman affects sexual prejudice among heterosexuals, but there’s reason to believe that the pattern is similar.)
My own reading of the research literature suggests that the strength of the correlation between prejudice and mere contact has diminished in recent years. A decade ago, knowing whether a heterosexual had a gay or lesbian friend or relative provided a very good indication of that person’s attitudes toward gay people in general. Today, personal contact remains a good predictor of prejudice, but it’s not as reliable as it once was.
I believe this diminution of the predictive power of mere contact may provide insight into what it is about contact that links it to nonprejudiced attitudes. My hypothesis is that the key variable isn’t — and never was — whether heterosexuals simply know a gay man or lesbian. Rather, what’s always been critical is the nature of that relationship. Perhaps the central variable is whether or not heterosexuals have talked with their gay friend or relative about the latter’s experiences and, in the course of those discussions, developed a better understanding of and more empathy for the situation of sexual minorities.
My hunch is that in the past, when most gay men and lesbians were highly selective about coming out, it was sufficient for researchers to simply ask heterosexual survey respondents whether they knew gay men or lesbians. If they had a gay friend or relative, more likely than not, they’d found out directly from that individual about her or his sexual orientation. Or, subsequent to finding out through some other means, they talked about it with her or him.
Today, by contrast, gay men and lesbians are more publicly visible. Many more heterosexuals probably have the experience of knowing that a relative, friend, or (especially) a coworker or neighbor is gay without ever having discussed it directly with that individual. Thus, knowing the details about a heterosexual person’s contact experiences is more important today than it was a few years (or decades) ago.
This hypothesis is partly supported by data I collected in a 2005 telephone survey with a representative national sample of more than 2100 adults who identified as heterosexual. Along with questions about the nature and extent of their personal relationships with lesbian and gay individuals, respondents were asked a series of questions about their general feelings toward gay men and toward lesbians, their comfort or discomfort around both and, using a standard psychological attitude scale, their general attitudes toward them.
For purposes of analysis, I divided the sample into three groups: (1) those who said they had no gay or lesbian friends, acquaintances, or relatives as far as they knew, (2) those who knew at least one gay or lesbian person but hadn’t ever talked with that individual about being gay, and (3) those who had talked with a gay or lesbian friend or relative about the latter’s experiences as a sexual minority.
Compared to Group 1, Group 2 had more positive feelings, less discomfort, and generally more favorable attitudes toward gay men and lesbians. But Group 3 had significantly more positive views of lesbians and gay men than either Group 1 (those with no personal contact) or Group 2 (those with personal contact but no open discussion).
Combined with other survey findings that I’m still analyzing, these data suggest it often isn’t enough for heterosexuals to simply know that a member of their family or immediate social circle is gay or lesbian. In order for the experience to reduce their sexual prejudice, they also must communicate directly with their friend or relative about what it’s like to be gay.
But although such discussions probably play a key role in reducing sexual prejudice and increasing support for the civil rights of sexual minorities, they can be difficult. Not surprisingly, they don’t occur often enough. In a separate study (which is not yet published), I’ve found that most gay men and lesbians say they are out to their immediate family and close heterosexual friends, but many aren’t out to their extended family, coworkers, or heterosexual acquaintances. And many of those who are out never discuss their experiences with their family or friends.
These findings highlight the importance of assisting gay, lesbian, and bisexual people in having conversations — giving them support and helping them find the best way to talk with their heterosexual friends and family members about their lives and how they’re affected by issues like marriage equality. The Tell 3 Campaign is one strategy for promoting such discussions. If the marriage equality movement is going to succeed in changing public opinion, it will have to devote more resources to Tell 3 and other programs like it.
* * * * *
More information about my 2005 survey can be found in the following chapter:
Herek, G. M. (2009). Sexual stigma and sexual prejudice in the United States: A conceptual framework. In D.A. Hope (Ed.), Contemporary perspectives on lesbian, gay and bisexual identities: The 54th Nebraska Symposium on Motivation (pp. 65-111). New York: Springer.
May 31, 2009
Now that the California Supreme Court has upheld Proposition 8’s constitutionality, some marriage equality supporters are ready to begin collecting signatures for a new ballot measure to overturn it in next year’s election.
Instead, I hope Californians who support marriage rights for same-sex couples will take a deep collective breath and engage in level-headed strategizing about how best to achieve the long-range goal of marriage equality.
There are at least two good reasons not to put an anti-Prop. 8 measure on the 2010 ballot.
First, such an initiative stands a strong chance of losing. Highly respected statewide polls, such as those conducted by Field and the Public Policy Institute of California (PPIC), indicate that support for marriage rights for California same-sex couples hasn’t increased noticeably since November. In a February Field Poll, for example, fewer than half of registered voters said they would support a new ballot measure to legalize same-sex marriage, and about the same percentage would oppose it. Only a 49% plurality said they generally support “California allowing homosexuals to marry members of their own sex and have regular marriage laws apply to them.” And a March PPIC survey found that the state’s likely voters oppose marriage equality by a 49-45% margin.
These numbers don’t bode well for a 2010 ballot campaign to overturn Prop. 8. Just over a year ago, the Field Poll found that more than half of likely voters opposed changing the state constitution to define marriage as between a man and a woman. PPIC surveys similarly revealed a widespread reluctance to enact Prop. 8. Yet that solid majority evaporated during the final months of last fall’s campaign. Launching a new initiative with support from less than half of the electorate is ill advised. And if the next campaign fails, it’s highly unlikely that the necessary resources will be available anytime soon to mount yet another ballot fight.
Second, win or lose, another initiative campaign will exact a substantial psychological toll. Research shows that marriage amendment campaigns have negative mental health effects on the people whose lives they target. A recently published nationwide study, for example, found that during the months leading up to the 2006 November election, psychological distress increased among lesbian, gay, and bisexual adults living in states where an antigay marriage measure was on the ballot, but not among their counterparts living elsewhere. By Election Day, sexual minority residents of the states with antigay ballot measures had, on average, significantly higher levels of stress and more symptoms of depression than their neighbors in other states.
Comparable research on the 2008 election isn’t yet available but the limited data I’ve seen, supplemented by my own observations, lead me to believe that the Proposition 8 campaign had a similar, negative effect on many Californians. Perhaps the psychological fallout of another statewide campaign will be tolerable if Prop. 8 is repealed. But without a strong likelihood of succeeding, it is irresponsible to subject lesbian, gay, and bisexual Californians to another prolonged period of daily attacks on the legitimacy of their relationships and families.
It has become almost a cliché to assert that time is on the side of the marriage equality movement. Younger voters support marriage rights for same-sex couples more strongly than their elders (although the strength of support among young voters shouldn’t be overstated). That view will eventually achieve majority status in California, perhaps even by 2012. But almost certainly not by next year.
I’m not suggesting that marriage equality supporters should sit on their hands. There’s much work to be done to create a solid majority of California voters who feel they have a personal stake in overturning Prop. 8.
For example, heterosexuals who support marriage rights for same-sex couples can become agents of change by making their opinions known to their spouse, family, neighbors, and coworkers.
And it’s critically important for lesbian, gay, and bisexual Californians to speak directly with their straight relatives and friends about their own experiences, to explain how measures like Prop. 8 personally affect them. In the wake of the November election, the American Civil Liberties Union and other groups launched the Tell 3 Campaign to encourage and assist sexual minority adults in telling their stories to the people who love and respect them. Having such conversations is one of the most potent strategies for changing attitudes. Yet, according to my own research, they occur all too infrequently.
Last week’s Supreme Court decision has rightly evoked strong feelings among gay, lesbian, and bisexual Californians and their heterosexual supporters. That emotion can be harnessed to build a successful movement for marriage equality in California. But it shouldn’t push us prematurely into a ballot campaign that poses a significant risk not only of losing, but also of ultimately harming many lesbian, gay, and bisexual Californians.
* * * * *
A briefer version of this essay appeared in the Sacramento Bee on Sunday, May 31, 2009.
July 23, 2008
Today the Military Personnel Subcommittee of the House Armed Services Committee holds hearings on “Don’t Ask, Don’t Tell.”
The congressional hearings come as Democrats increasingly discuss repealing the policy under a new Administration, and in the wake of a July ABC News/Washington Post Poll in which 75% of respondents said that “homosexuals who DO publicly disclose their sexual orientation should be allowed to serve in the military.” (78% said those who DON’T disclose their sexual orientation should be allowed to serve.)
The hearings also follow the recent release of a report by a team of retired senior military officers that concluded the ban on openly gay service members is counterproductive and should end, as well as a public statement signed by more than 50 retired generals and admirals that calls on Congress to repeal DADT.
With these signs of quickening movement toward eliminating the military’s discriminatory personnel policy, I’d like to be able to discuss the social science research relevant to the policy.
However, there isn’t much to say that is new.
Revisiting the Social Science Data
To be sure, new studies have been released that consider issues related to privacy, unit cohesion, and the experiences of other countries that have integrated sexual minorities into their militaries. I’ve discussed some of this work in previous posts. The Michael D. Palm Center website at the University of California, Santa Barbara, is also an excellent resource for such research.
But the conclusions of the newer research don’t differ much from those of past studies.
Thus, it seems appropriate to revisit a previous set of hearings in which the House Armed Services Committee heard about social science research relevant to military personnel policy. They were held in May of 1993 and were chaired by Rep. Ron Dellums (D-CA).
I was invited to testify before the Committee on behalf of the American Psychological Association and five other professional organizations (the American Psychiatric Association, the National Association of Social Workers, the American Counseling Association, the American Nursing Association, and the Sex Information and Education Council of the United States).
What follows is the bulk of my oral statement (with some introductory and background material omitted):
Mr. Chairman and members of the Committee, I am pleased to have the opportunity to appear before you today to provide testimony on the policy implications of lifting the ban on homosexuals in the military….
My written testimony to the Committee summarizes the results of an extensive review of the relevant published research from the social and behavioral sciences. That review is lengthy. However, I can summarize its conclusions in a few words: The research data show that there is nothing about lesbians and gay men that makes them inherently unfit for military service, and there is nothing about heterosexuals that makes them inherently unable to work and live with gay people in close quarters.
….I would like to address two questions that have been raised repeatedly in the current discussion surrounding the military ban on service by gay men and lesbians. The first question is whether lesbians and gay men are inherently unfit for service. In the current debate, some consensus seems to have been reached that gay people are just as competent, just as dedicated, and just as patriotic as their heterosexual counterparts. However, questions still are raised concerning whether the presence of openly gay military personnel would create a heightened risk for sexual harassment, favoritism, or fraternization.
Obviously, data are not available to address these questions directly because the current policy has made collection of such data impossible in the military. However, based on research conducted with civilians, as well as reports from quasi-military organizations in the United States (such as police and fire departments) and the armed forces of other countries, there is no reason to expect that gay men and lesbians would be any more likely than heterosexuals to engage in sexual harassment or other prohibited conduct. We know that a homosexual orientation is not associated with impaired psychological functioning; it is not in any way a mental illness. In addition, there is no valid scientific evidence to indicate that gay men and lesbians are less able than heterosexuals to control their sexual or romantic urges, to refrain from the abuse of power, to obey rules and laws, to interact effectively with others, or to exercise good judgment in handling authority….
The second question I would like to address is whether unit cohesion and morale would be harmed if personnel known to be gay were allowed to serve. Would heterosexual personnel refuse to work and live in close quarters with lesbian or gay male service members? This question reflects a recognition that stigma leads many heterosexuals to hold false stereotypes about lesbians and gay men and unwarranted prejudices against them.
As with the first question, we do not currently have data that directly answer questions about morale and cohesion. We do know, however, that heterosexuals are fully capable of establishing close interpersonal relationships with gay people and that as many as one-third of the adult heterosexual population in the U.S. has already done so. We also know that heterosexuals who have a close ongoing relationship with a gay man or a lesbian tend to express favorable and accepting attitudes toward gay people as a group. And it appears that ongoing interpersonal contact in a supportive environment where common goals are emphasized, and prejudice is clearly unacceptable, is likely to foster positive feelings toward gay men and lesbians. Thus, the assumption that heterosexuals cannot overcome their prejudices toward gay people is a mistaken one.
In summary, neither heterosexuals nor homosexuals appear to possess any characteristics that would make them inherently incapable of functioning under a nondiscriminatory military policy. In my written testimony, I have offered a number of recommendations for implementing such a policy. I would like to mention five of the principal recommendations here.
The military should:
- establish clear norms that sexual orientation is irrelevant to performing one’s duty and that everyone should be judged on her or his own merits;
- eliminate false stereotypes about gay men and lesbians through education and sensitivity training for all personnel;
- set uniform standards for public conduct that apply equally to heterosexual and homosexual personnel;
- deal with sexual harassment as a form of conduct rather than as a characteristic of a class of people, and establish that all sexual harassment is unacceptable regardless of the genders or sexual orientations involved;
- take a firm and highly publicized stand that violence against gay personnel is unacceptable and will be punished quickly and severely; attach stiff penalties to antigay violence perpetrated by military personnel.
Undoubtedly, implementing a new policy will involve challenges that will require careful and planned responses from the military leadership. This has been true for racial and gender integration, and it will be true for integration of open lesbians and gay men. The important point is that such challenges can be successfully met. The real question for debate is whether the military, the government, and the country as a whole are willing to meet them.
Mr. Chairman, thank you for the opportunity to testify today. I will be happy to answer any questions that members of the Committee might have.
From 1993 to 2008
That was in 1993. Today, as then, the real question is not whether sexual minorities can be successfully integrated into the military. The social science data answered this question in the affirmative then, and do so even more clearly now.
Rather, the issue is whether the United States is willing to repudiate its current practice of antigay discrimination and address the challenges associated with a new policy.
The growing opposition to DADT among military veterans and the public indicate that we finally may be ready to take up this challenge.
* * * * *
The full text of my 1993 oral statement before the House Armed Services Committee can be read on my website.
July 4, 2008
I’m not going to put a lesbian in a position like that….
If you want to call me a bigot, fine.”
–Jesse Helms, in response to President Clinton’s 1993 nomination of Roberta Achtenberg as an assistant secretary at the Department of Housing and Urban Development.
Future students of 20th-century US history may puzzle over a section of the 1990 Hate Crimes Statistics Act. After mandating the federal government’s annual collection of data about “crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity,” the Act includes the following passage:
(a) Congress finds that:
- the American family life is the foundation of American Society,
- Federal policy should encourage the well-being, financial security, and health of the American family,
- schools should not de-emphasize the critical value of American family life.
(b) Nothing in this Act shall be construed, nor shall any funds appropriated to carry out the purpose of the Act be used, to promote or encourage homosexuality”
This section of the Act is the legacy of Jesse Helms, who died today at the age of 86.
When the Hate Crimes Statistics Act was being considered by the Senate, Helms played a leading role in efforts to block it because it included antigay violence among the crimes to be monitored by law enforcement personnel. Aware of the bill’s popularity and having failed to remove sexual orientation from it, Helms attempted to thwart its passage by introducing an amendment that its supporters would find unacceptable but politically difficult to vote down.
The Helms amendment would have added the following language to the bill:
“It is the sense of the Senate that:
- the homosexual movement threatens the strength and survival of the American family as the basic unit of society;
- State sodomy laws should be enforced because they are in the best interest of public health;
- the Federal Government should not provide discrimination protections on the basis of sexual orientation; and
- school curriculums should not condone homosexuality as an acceptable lifestyle in American society.”
Such tactics were typical of Helms, who regularly used his parliamentary skills to get his own way in the Senate. On this occasion, however, he was outmaneuvered by Senators Paul Simon (D-IL) and Orrin Hatch (R-UT), who proposed alternative language that was less antigay.
The Simon-Hatch amendment was approved before Helms’ amendment was considered, thus providing political cover for senators. By supporting the Simon-Hatch language, they could safely vote against Helms’ amendment without being labeled pro-gay and anti-family.
And that’s why the Hate Crimes Statistics Act includes statements about “the American family” and denials that it was intended to “promote or encourage homosexuality.”
Helms’ failure at preventing passage of the Hate Crimes Statistics Act was unusual. His mastery of Senate procedure, coupled with lawmakers’ fear of appearing pro-gay, frequently allowed him to succeed in enacting his anti-gay agenda.
When the US was first confronting the AIDS epidemic in the 1980s, for example, Helms was instrumental in preventing the government from funding effective prevention programs among gay and bisexual men. The Senate twice endorsed his amendments prohibiting federal funds for AIDS education materials that “promote or encourage, directly or indirectly, homosexual activities.” By constricting the scope of risk-reduction education, Helms’ actions were widely believed to have contributed to the epidemic’s rapid spread.
Throughout his 30-year tenure in the US Senate, Helms was consistently associated with antigay stands. Given this fact, as well as his longstanding opposition to racial equality and the race-baiting tactics he used in election campaigns throughout his career, it is a fairly easy matter to accept his invitation to label him a bigot.
Personal bigotry aside, however, Helms’ legacy includes the many institutional manifestations of heterosexism that he was able to implement during his years in the Senate. Through the laws he sponsored and those he helped to defeat, he created real hardships for sexual minorities while also fostering sexual prejudice in American society. And his efforts probably contributed to the spread of HIV in the United States and the infection and deaths of many gay and bisexual men.
On this Independence Day and the occasion of Jesse Helms’ death, it is fitting to note how personal bigotry combined with political power can enable one politician to do so much harm to so many people.
And, recalling the general unwillingness of elected leaders to stand up to Jesse Helms’ antigay campaigns over the years, it is appropriate to reflect upon the words attributed to Edmund Burke: “The only thing necessary for the triumph of evil is for good men to do nothing.”
June 21, 2008
On Thursday, President Bush awarded the Presidential Medal of Freedom to General Peter Pace, the former Chairman of the Joint Chiefs of Staff, “for his steadfast leadership, his selfless devotion to keeping Americans safe, and his great courage.”
The award was greeted with widespread criticism because of remarks made by Gen. Pace last year about homosexuality and the “Don’t Ask, Don’t Tell” (DADT) policy.
In a March 12, 2007, interview with the Chicago Tribune, he likened homosexuality to adultery and asserted, “I believe homosexual acts between two individuals are immoral and that we should not condone immoral acts…. I do not believe the United States is well served by a policy that says it is okay to be immoral in any way.”
His remarks sparked outrage among congressional Democrats and gay advocacy groups. According to a National Public Radio report, senior Pentagon officials privately disclosed that the Secretary of Defense summoned Pace to his office after the comments were made public and demanded that he issue a statement. The following day, the Pentagon released the General’s statement, in which he downplayed the importance of his own moral views, but did not apologize for his remarks:
I made two points in support of the policy during the interview. One, “Don’t Ask Don’t Tell” allows individuals to serve this nation; and two, it does not make a judgment about the morality of individual acts. In expressing my support for the current policy, I also offered some personal opinions about moral conduct. I should have focused more on my support of the policy and less on my personal moral views.
Six months later, shortly before retiring, Gen. Pace reiterated his sentiments at a September Senate Appropriations Committee hearing. Saying he sought to clarify his earlier remarks, Pace noted that there are “wonderful Americans who happen to be homosexual serving in the military.” He continued:
We need to be very precise then, about what I said wearing my stars and being very conscious of it…. And that is, very simply, that we should respect those who want to serve the nation but not through the law of the land, condone activity that, in my upbringing, is counter to God’s law.
* * * * *
In response to Pres. Bush’s decision to award Gen. Pace with Presidential Medal of Freedom this week, Aubrey Sarvis, Executive Director of the Servicemembers’ Legal Defense Network (SLDN) said:
Honoring General Pace with the country’s highest civilian award is outrageous, insensitive and disrespectful to the 65,000 lesbian and gay troops currently serving on active duty in the armed forces. Our men and women in uniform are making tremendous sacrifices for our country and are looking for the President to recognize leaders who offer them praise and vision, not condemnation and scorn.
Mr. Sarvis makes a valid point, but perhaps we should actually be grateful to Gen. Pace. After all, most previous attempts to defend DADT have tried to justify the policy with spurious claims — for example:
- that the presence of openly gay and lesbian military personnel would damage unit cohesion and impair the military’s ability to complete its mission
- that sharing living quarters with gay and lesbian personnel would intrude unacceptably on the privacy of heterosexual personnel
- that allowing sexual minority personnel to serve openly would damage the military’s reputation and reduce reenlistment rates.
However, empirical research has consistently failed to support these assertions. A few examples:
- A 2006 Zogby poll conducted with active-duty personnel and veterans indicated that DADT isn’t strongly supported by combat personnel and veterans, and that allowing openly gay and lesbian personnel to serve is unlikely to reduce reenlistment or impair future recruitment. In addition, the poll showed that many military personnel know or suspect that their unit includes gay or lesbian members, and that most of those who knew for certain that their unit included one or more gay members did not believe that the latter’s presence affected either the respondent’s personal morale or the morale of the unit. Based on these and other data, Prof. Belkin argues in a paper recently published in Armed Forces & Society that the policy actually harms the military’s reputation.
* * * * *
Rather than trying to justify DADT on bogus factual grounds, Gen. Pace gave the world a refreshingly honest account of the real reasons why the US government still clings to the policy. By highlighting the moral worldview on which it is based, he showed that the policy is mainly about religious beliefs and longstanding prejudices, not the laundry list of concerns about the practical impact of a policy change that are routinely cited by DADT defenders.
Of course, it may not have been Gen. Pace’s intention to provide such clarity about the real roots of DADT. But perhaps he nevertheless deserves recognition for it.
And, since past Medal of Freedom awardees from within the Bush administration have included former CIA Director George Tenet, former Iraq administrator L. Paul Bremer, and Gen. Tommy Franks — all of whom have been strongly criticized for their roles in the current Administration’s early Iraq decisionmaking and policies — perhaps Gen. Pace is in the right company.
* * * * *
For further discussions of social science research relevant to DADT, consult the “Publications” page on the Michael D. Palm Center website at the University of California, Santa Barbara
For more information about DADT, consult the Servicemembers’ Legal Defense Network website.
June 11, 2008
Last February 12, Lawrence King, a 15-year old 8th grader, was murdered at his middle school in Oxnard.
He was in the school’s computer lab when 14-year old Brandon McInerney walked in and shot him at least twice in the head. King was unconscious when he was brought to the hospital and was declared brain dead the next day. He was taken off life support on February 14.
King had publicly come out as gay in the weeks before his murder, and he frequently violated gender roles by wearing make-up and jewelry to school. He was regularly teased by a group of male students that included McInerney. By some accounts, King teased and flirted with McInerney and some of his other tormentors.
McInerney is scheduled to be arraigned tomorrow in Ventura County on a charge of premeditated murder. The charge includes a penalty enhancement because the murder has been classified as a hate crime.
Among the issues likely to be raised in McInerney’s arraignment and trial are:
- Whether he should be tried as a juvenile or, as Ventura County prosecutors intend, as an adult. He turned 14 — the minimum age at which a juvenile in California can be tried as an adult — on January 24, just weeks before the murder. In April, a coalition of 27 sexual minority and transgender rights groups urged that McInerney be tried in juvenile court.
- Whether the Court will consider neuroscience data suggesting that adolescents engage in impulsive behavior because their brains have not completely matured. According to the Ventura County Star, McInerney’s defense attorney hopes to use such research to argue that he should be tried as a juvenile.
- Whether school officials are partially to blame for not having dealt more proactively with the tensions between the two boys. This argument will almost certainly include assertions that Lawrence King should have been deterred from violating gender norms and being openly gay. This, in turn, is likely to spark discussion about the rights of sexual minority and gender-nonconforming youth to be safe in their schools.
It seems less likely that the trial will address broader questions about sexual stigma, which creates a cultural climate in which children, adolescents, and adults are routinely subjected to harassment and bullying if they violate conventions of gender and sexuality. That climate affects everyone, regardless of their own sexual orientation, because anyone can potentially be perceived as nonheterosexual. The wish to avoid being labeled as gay can lead individuals to enact sexual stigma against others through ostracism, ridicule, discrimination, and even violence.
Dr. Karen Franklin, one of the few researchers to have published original data on antigay behaviors and the perpetrators of antigay crimes, has posted an excellent discussion of these and other aspects of the case on her forensic psychology blog.
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