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After Marriage EqualityThe Future of LGBT Rights$
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Carlos A. Ball

Print publication date: 2016

Print ISBN-13: 9781479883080

Published to NYU Press Scholarship Online: January 2017

DOI: 10.18574/nyu/9781479883080.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 06 July 2022

Still Not Equal

Still Not Equal

A Report from the Red States

(p.73) 3 Still Not Equal
After Marriage Equality

Clifford Rosky

NYU Press

This chapter argues that while legal equality is now a reality in most blue states, it is still far off for LGBT individuals living in most red states. a phenomenon that remains true even if same-sex couples are able to marry nationwide. The chapter urges that the movement, after marriage equality, turn “back to work” by prioritizing the passage of antidiscrimination laws. It contends that such a prioritization will require two strategic shifts: first, an increased investment in local rather than national lobbying, and second, an increased investment in swing and red states. The chapter also flags two important questions that the movement must address when it goes “back to work:” (1) whether to lobby for limited or expansive laws, and (2) how to use litigation and lobbying in ways that support, rather than undermine, each other. In exploring these issues, the chapter counsels that lobbying must not entertain exemptions from antidiscrimination laws that apply only to claims brought by LGBT plaintiffs and activists should reject proposed laws that fall short of what may be achieved through successful litigation under existing antidiscrimination laws.

Keywords:   marriage equality, blue states, red states, antidiscriminationlaws, litigation, lobbying

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