Executives in the United States influence politics and policies involving the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. While this is more of a modern phenomenon, presidents and governors actively shape politics that directly influence the community. This allows executives to set the tone of discourse and the eventual result of LGBTQ politics. Most presidents in modern times shaped debate surrounding LGBTQ rights in a positive light, but President Trump’s tone and policies go against recent trends. Executives on every level of government can shape, and have shaped, LGBTQ politics using formal powers, such as executive orders, administrative orders, directives, memorandums, and councils. The various executive documents allow executives to directly set policy through orders or to provide guiding philosophy for how policy should operate. Councils and advisory boards inform executives by providing expertise that executives need to create sound policy. Executives rely on each of the policymaking tools to varying degrees, but all presidents and governors have the ability to use the powers. One often ignored way executives influence policy is by setting the agenda by “going public” to bring the issue to everyday citizens. Executives have shaped many policies that directly affect the LGBTQ community, but three policy areas deserve special focus: the ban on gay and transgender service members in the military, the HIV/AIDS epidemic, and nondiscrimination protections. In each of these cases, multiple executives have stepped in to shape policy and enforcement of regulations. In some cases, this is for the better. For instance, nondiscrimination policies came about in many states using gubernatorial executive orders. In other situations, executive action, or inaction, worked to the detriment of LGBTQ individuals, such as the failure of the Reagan administration to respond to the HIV/AIDS crisis. Executives have influenced policy and implementation of policies since the 1970s. This influence is likely to continue for decades to come, not just with these issues, but in many policy areas that affect the lives of LGBTQ individuals.
Transgender individuals make up a disproportionately high percentage of homeless youth. This is due to conflict with their family, harassment in schools, or negative interactions with child services. In addition to the typical needs of homeless youth, questions arise regarding housing, changing the youth's name and gender, and access to healthcare. Analysis examines what protections and services subnational governments provide to homeless transgender youth as of 2016. The findings indicate that state and local governments provide most nondiscrimination protections for these youths, with local government outreach programs specializing services for homeless and transgender populations. It is more common for states not to have nondiscrimination policies for the lesbian; gay; bisexual; and transgender community. However, several states have extensive protections for transgender individuals to remove discriminatory practices that contribute to homelessness, such as in housing or foster care. Findings also show that more than 350 municipalities have policies that explicitly protect the transgender community. These policies typically ban discrimination in policy areas, like education and employment, but some local governments went beyond these basic protections to serve vulnerable populations better. Although few governments formally create policies to work with homeless and transgender populations, more than a quarter of governments offer testing and treatment for HIV.
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I examine gubernatorial use of executive orders, and assess how executive action influences statute adoption. I argue that strong governors use executive orders to pursue policy objectives when they perceive legislation as unlikely to pass. Multilevel Event History Analysis of executive orders and the adoption of statutes that protect the lesbian, gay, bisexual and transgender (LGBT) community from 1975 to 2013 reveals that partisan control of government and intrastate factors influence both forms of policy adoption. My findings support the strategic model that argues that executives turn to executive orders when confronting unfavourable legislative conditions, and that governors issue protections more when entering office. Legislatures respond to partisan control of the legislature and social characteristics. Further, states that have pro-LGBT executive orders in place are more likely to adopt similar statutes. My results suggest that stronger governors are more likely to issue executive orders, but it is states with weaker governors that are more likely to adopt legislation.
We undertake a comprehensive examination of restrictive voter ID legislation in the American states from 2001 through 2012. With a dataset containing approximately one thousand introduced and nearly one hundred adopted voter ID laws, we evaluate the likelihood that a state legislature introduces a restrictive voter ID bill, as well as the likelihood that a state government adopts such a law. Voter ID laws have evolved from a valence issue into a partisan battle, where Republicans defend them as a safeguard against fraud while Democrats indict them as a mechanism of voter suppression. However, voter ID legislation is not uniform across the states; not all Republican-controlled legislatures have pushed for more restrictive voter ID laws. Instead, our findings show it is a combination of partisan control and the electoral context that drives enactment of such measures. While the prevalence of Republican lawmakers strongly and positively influences the adoption of voter ID laws in electorally competitive states, its effect is significantly weaker in electorally uncompetitive states. Republicans preside over an electoral coalition that is declining in size; where elections are competitive, the furtherance of restrictive voter ID laws is a means of maintaining Republican support while curtailing Democratic electoral gains.
Transgender-inclusive nondiscrimination policies create a quagmire for human resources to successfully implement. There is a dearth of knowledge about the extent, features, and aptitude of policies to prevent discrimination against transgender employees. This study analyzes all 154 localities that prohibit discrimination against gender identity or expression in employment, as of July 2011, to explore their scope, the capability of implementation agencies, and safeguards provided to employees. The results indicate that the extent of the nondiscrimination policies is broad and potentially benefit most citizens; however, insufficient power is delegated to implementing agencies and safeguards are not the norm.
Transgender-inclusive nondiscrimination policies create a quagmire for human resources to successfully implement. There is a dearth of knowledge about the extent, features, and aptitude of policies to prevent discrimination against transgender employees. This study analyzes all 154 localities that prohibit discrimination against gender identity or expression in employment, as of July 2011, to explore their scope, the capability of implementation agencies, and safeguards provided to employees. The results indicate that the extent of the nondiscrimination policies is broad and potentially benefit most citizens; however, insufficient power is delegated to implementing agencies and safeguards are not the norm.