PHILLIP AYOUB, 2015, CONTESTED NORMS IN NEW -ADOPTER STATES: INTERNATIONAL DETERMINANTS
OF LGBT RIGHTS LEGISLATION .
SUHANA LAKHANI / RESPONSE MEMO #2
EXECUTIVE SUMMARY
The article investigates and
scrutinizes the diffusion patterns
of LGBT rights legislation (in five
categories) between older and
newer EU member states from
1970 to 2009.
The study also unveils disparities
in the determinants of LGBT
policy adoption between the
original 15 EU member states
and the subsequent twelve.
Ayoub appears to assume a
globalized world interconnected
by transnational influences.
Regarding political values, Ayoub
holds the values of inclusivity,
equality, and recognition of
human rights.
METHOD
A comparative analysis of EU
member states from 1970-2009.
Three sets of hypotheses:
- Transnational Embeddedness
Hypothesis: The presence of
transnational LGBT
organizations significantly
impacts the successful diffusion
of LGBT rights legislation.
- International Norms and
External Legitimacy
Hypothesis: The significance of
international norms and the
quest for external legitimacy
(social and political).
- Domestic Factors and
Economic Modernization
Hypothesis: The role of
domestic factors in influencing
the adoption of LGBT rights
legislation.
Ayoub’s method involves a panel
data analysis on the passage of
legislation regarding LGBT rights
in EU countries (27 states).
Ayoub combines this with data
contextual country information,
including measures of
globalization, democracy, GDP,
and LGBT social spaces,
ANALYSIS
- Does the process of change primarily stem from heightened transnational
collaboration with states that have already enacted such legislation, or is it
more a consequence of the internal factors within a nation that facilitate the
spread of international norms regarding the legal rights of sexual minorities?
- Transnational engagement with authorities that have previously established
LGBT rights laws is crucial to the process of transformation, according to
Ayoub. He compares domestic-only beliefs with global norms. Ayoub believes
domestic causes affect developments but does not fully explain them. With
these numerous viewpoints, Ayoub provides a comprehensive insight into
LGBT rights in different geopolitical settings.
- LGBTQ+ rights are one of the most contentious social topics in modern
politics, yet more states have adopted them as part of legal requirements.
Understanding levels of adoption shows foreign and domestic dissemination
routes.
- Newer states: He suggests that new adopter states are more reliant on
international resources and international mechanisms. They consider policy
adoption to achieve external legitimacy and improve their global reputation.
- Older states: In older member states, he highlights that the internal factors of
a nation, particularly economic modernization, play a crucial role. Additionally,
transnationally embedded LGBT advocacy groups significantly influence
successful policy diffusion in both old and new states.
Phillip Ayoub's choice of the European Union (EU) as the focus of his study for several
key reasons:
- The EU encompasses a diverse set of member states, that operate within a
transnational framework, with varying backgrounds and where policies and
legal standards are influenced by both domestic and supranational factors
providing an excellent platform to test the impact of international norms and
transnational collaborations on policy adoption.
- Legal harmonization and adherence to common standards in policies around
human rights provides an interesting context to study the convergence or
divergence of policies across different member states.
- The EU, with its comprehensive databases and public access to legislative
changes, offered Ayoub extensive, structured, and accessible data suitable for
conducting a thorough study.
STRENGTHS
- Robust Data Analysis: Ayoub's utilization of panel data spanning 40 years and
multiple EU member states provides a rich dataset. This extensive period and
broad geographic scope enhanced the credibility of his findings.
- Multifaceted Approach: His method combines ordered logit and Poisson
regression analyses. The use of various models increases the
comprehensiveness and reliability of the results.
- Consideration of Diverse Variables: Ayoub's inclusion of diverse independent
variables such as transnational LGBT organization membership, international
channels, and domestic conditions like the presence of LGBT social spaces,
democracy levels, GDP, and dominant state religion provides a wide-ranging
analysis of the multi-layered influences on policy adoption.
collected from organizational
membership lists and existing WEAKNESSES
cross-national datasets. - Potential for Omitted Variables: While Ayoub includes an array of
Ayoub separates old and new EU independent variables, there might be other influential factors, such as the
member states due to differing efficiency of the legal system within each country, which are present. This
political histories, anticipating omission could affect the causal relationship of the conclusions.
distinct conditions for each - Backsliding: While his methodology examines the passage of pro-LGBT
subset. legislation and factors contributing to its adoption, it does not explicitly
Dependent variables: 12 address the potential reversal or backsliding in policies.
legislative measures under five - Limitations in Causality: While the study identifies correlations between
categories: anti-discrimination, factors and policy adoption, establishing causality can be challenging in
criminal law, partnership, observational studies.
parenting rights, and equal sexual
offense provisions.
QUESTIONS
Ayoub presents the DV in two
ways: 1. Comparative Policy Adoption: How might the findings and methodologies of
this study apply or differ in non-EU contexts, especially in regions where
Ordered logit analysis: A five-
point scale representing the transnational collaboration and global norms might have different influences,
combined indicator of legislation. such as the Americas or Asia? Are there similar patterns or discrepancies in
Evaluates the extent of legislative the adoption of human rights policies in different geopolitical regions?
adoption, considering that some 2. Complexity of Social Change: How do societal shifts, cultural changes, and
states advance further in pro-
generational dynamics impact the evolution of policies related to human
LGBT legislation than others.
rights, beyond legislation specifically addressing sexual minorities?
The Poisson analysis: A 12-point
scale accounting for the total 3. Ethical and Moral Imperatives: To what extent should a nation's policies
count of legislation passed. His reflect global standards of human rights, and what tensions might arise
dataset encompasses 826 between respecting cultural diversity and ensuring universal rights? How do
observations across 40 years in these tensions influence policy adoption?
24 countries, employing between
266 and 560 yearly observations
in 10 or 14 country clusters,
contingent on the subset of
states being analyzed.
Independent variables: He
measures the embeddedness of
state organizations in
transnational LGBT networks,
the state's connection to
international organizations, and
its involvement in the EU and
contextual country information.