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- Title
THE BACKLASH BOOMERANG: USING REVERSE ANIMUS AND HOSTILITY TO LIMIT LGBTQ EQUALITY.
- Authors
Sobel, Stacey L.
- Abstract
The fight for lesbian, gay, bisexual, transgender and queer ("LGBTQ") legal equality has followed a zigzag path of movement towards equality and backlash efforts to limit those victories. LGBTQ opponents are currently utilizing the courts, legislatures and individual defiance to limit or narrowly define LGBTQ legal rights as part of a new backlash response that picked up momentum after the United States Supreme Court granted marriage equality to same-sex couples. The most recent backlash efforts have created a new claim that individuals who oppose recognition of marriage for LGBTQ couples are in fact facing discrimination--backlash activities to prevent or stall LGBTQ equality have allegedly boomeranged against some equality opponents. This backlash boomerang has given rise to litigation where anti-LGBTQ claimants frame the legal issue as one of competing legal claims of discrimination in which they should prevail. This boomerang effect has already resulted in litigation and will continue to be at issue until the Supreme Court provides further guidance regarding the constitutionality of these backlash efforts.
- Subjects
LGBTQ+ people; LEGAL rights; SAME-sex marriage; GAY couples; UNITED States. Supreme Court; LEGISLATIVE bodies
- Publication
University of Pennsylvania Journal of Constitutional Law, 2020, Vol 22, Issue 5, p1155
- ISSN
1521-2823
- Publication type
Article