Win, Lose, or Draw
Using LGBTQ+ Legal History to Reassess Social Movement Outcomes
Bibliographic Data
| ID | 6090227 |
|---|---|
| Authors | Marie‐amélie George (0000-0001-9936-8849, Wake Forest University Winston Salem North Carolina USA, corresponding author) |
| Year | 2026 |
| Volume | 48 |
| Issue | 1 |
| Publication date | 2026-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/lapo.70008 |
| OpenAlex | W4416935173 |
| Language | EN |
| References cited | 45 |
In 1992, Colorado's citizens enacted Amendment 2, a ballot initiative that prevented governmental entities from extending antidiscrimination protections to gays and lesbians. That same year, Oregon's voters rejected a similar measure. At first glance, it may seem that queer rights advocates experienced a loss in Colorado and a victory in Oregon. But the story is much more complicated than this simple framing suggests. This article draws on extensive original archival research to analyze these historical events, focusing on a striking paradox at the heart of Amendment 2: the initiative was simultaneously a stunning rebuke to the queer rights movement and a series of notable victories for gay and lesbian rights advocates. It uses the history of both the Colorado and Oregon ballot measures to build a new typology for evaluating social movement success, one that categorizes outcomes as comparative, adversarial, and contingent victories. This reformulation offers scholars a more robust framework of analysis for identifying wins, losses, and draws. It also helps contemporary social movements better assess their potential to secure essential gains
The Rise of the Conservative Legal Movement
The Common Place of Law
The Rights Revolution
Whiteness as Property
The Antigay Agenda
Gay Rights and Moral Panic
The Taming of Free Speech
Strangers to the Law
Putting Social Movements in their Place
Gay Priori
A Theory of Fields
From Jim Crow To Civil Rights
Power in Movement
The Civil Rights of Parents”
Lose, Win, or Draw? A Reexamination of Direct Democracy and Minority Rights
New social movements
Putting Civil Rights to a Popular Vote
The Domesticated Liberty of Lawrence v. Texas
"What Rights?" The Construction of Political Claims to American Health Care Entitlements
Legal Opportunity Structures and the Paradox of Legal Mobilization by the Environmental Movement in the UK
Beyond Backlash
How to Analyze the Influence of Movements
Legal Mobilization
Political Process and the Development of Black Insurgency, 1930-1970
Protest and Political Opportunities
Framing Processes and Social Movements
Conservative and Right-Wing Movements
Movements, Countermovements, and the Structure of Political Opportunity
The paradox of victory
| Highly cited | No |
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