Mobilizing in the shadow of the law: lesbian and gay rights in the aftermath of Bowers v. Hardwick

Abstract

This chapter presents a case study of the lesbian and gay rights movement following the Supreme Court's decision in Bowers v. Hardwick, which was a critical defeat in the campaign for sodomy repeal. Activists responded with a dramatic wave of mobilization by staging protests, successful appeals for organizational donations, building coalitions, and shifting institutional venues. This case provides a paradox for the dominant perspectives within social movement theory and legal mobilization literature, which often traces mobilization back to the expansion of political opportunities. The defeat in Bowers signaled a closing of political opportunities for activists. Drawing from a growing body of literature on political threats and heeding the call to specify the mechanisms of movement dynamics, I show how the defeat in Bowers was translated into proactive mobilization.

Citation

Boutcher, S.A. (2010), "Mobilizing in the shadow of the law: lesbian and gay rights in the aftermath of Bowers v. Hardwick", Coy, P.G. (Ed.) Research in Social Movements, Conflicts and Change (Research in Social Movements, Conflicts and Change, Vol. 31), Emerald Group Publishing Limited, Leeds, pp. 175-205. https://doi.org/10.1108/S0163-786X(2011)0000031009