Papers by Shawn Schulenberg
Essentially Contested Subjects: Some Epistemological Considerations When Studying Terrorists and Homosexuals

Journal of Human Rights, 2012
This article examines how same-sex partnership recognition (SSPR) was enacted into policy in Arge... more This article examines how same-sex partnership recognition (SSPR) was enacted into policy in Argentina. It begins by looking at the history and structure of the lesbian, gay, bisexual, and transgender (LGBT) movements to explain why same-sex marriage, and not civil unions, became the primary goal. Next, it considers what the constitutional and statutory law was before the marriage bill passed and through which branches of government the law potentially could have been changed. Then it looks at how the LGBT social movement organizations have engaged with the three branches of government to advance the goal. Using an institutional lens, it then argues that elite allies and institutions amenable to change were critical to implementing the law recognizing same-sex couples. In Argentina, all three branches historically have had significant institutional powers to change the law, but lesbians and gays have had a hard time securing friends in these positions. Within this institutional framework, change was only possible after a significant number of allies-most importantly the President-supported same-sex marriage.

Essentially Contested Subjects: Some Ontological and Epistemological Considerations When Studying Homosexuals and Terrorists
New Political Science, Sep 1, 2013
Research in political science often entails investigating the attitudes and behaviors of actors a... more Research in political science often entails investigating the attitudes and behaviors of actors and groups. Usually it is clear who the subjects of our study are, especially when dealing with governmental actors (for example, a person either is a member of Congress or they are not). However, when our analysis shifts to society, this often becomes more problematic as we use fixed labels (black, criminal, lesbian, terrorist, and so on) to study groups who are much more amorphous because of their socially constructed nature, groups whom I call “essentially contested subjects.” The power of assigning and using these labels can have important implications on who is included within a study and what knowledge we know/create about them. This article will discuss the ontological and epistemological implications of the methods we use to study essentially contested subjects through an examination of published work on two such groups: homosexuals and terrorists.
This leads to my first hypothesis: 1 LGBT social movements may disagree about what is "the most" ... more This leads to my first hypothesis: 1 LGBT social movements may disagree about what is "the most" that they could achieve (i.e. what is more progressive: civil unions or marriage), but here I am looking at this from the opposition's perspective. Universally around the world SSPR opponents would contend that marriage is more far reaching than civil unions. For more on this, see chapter two.
Social Science Research Network, 2009

LGBT rights in Chile: On the verge of a gay‐rights revolution?
Sexuality, gender & policy, Nov 1, 2019
This paper examines the history of the LGBT + movement in Chile, the opposition to LGBT + rights,... more This paper examines the history of the LGBT + movement in Chile, the opposition to LGBT + rights, and the general state of public opinion. This should set us up to see how strong of an actor these social movement organizations, what their desires are, and how well equipped they are to take on the opposition. Second, we will consider the legal status quo of same‐sex unions. Does the Constitution take a stand on it or must we look elsewhere in the law to see how marriage is defined? Moreover, this should also tell us if we can use all three branches of government to change the law. The next section of the paper will methodically examine the power and preferences of actors in all three branches of government. Who has the power to change the law for same‐sex partnership recognition? Finally, this paper explains why the presidency played a key role in passing civil union legislation, but there is still reason to be skeptical that marriage or adoption rights will be recognized anytime soon.
6. The “B” Isn’t Silent: Bisexual Communities and Political Activism
New York University Press eBooks, Dec 31, 2020

This dissertation examines how the international idea of same-sex partnership recognition (SSPR) ... more This dissertation examines how the international idea of same-sex partnership recognition (SSPR) becomes enacted into domestic policy in Argentina and Brazil. It begins by looking at how the leading LGBT social movements in each country understand and prioritize the battle for same-sex unions. These understandings ultimately determine how far reaching an enacted law may go. Next, it explains what the current constitutional and statutory law is in each nation today and through which avenues it potentially could be changed. The second half of the work systematically compares how the LGBT social movement organizations have engaged with the three branches of government to advance their goals. What it finds is that Brazilian LGBT groups have long had elite allies within all three branches of government, but these leaders have not had the institutional capacity to affect change. In Argentina, on the other hand, all three branches have significant institutional powers to change the law, bu...
Lions and Tigers and Bears! Oh My! The Political Attitudes of Furries

Same-sex marriage in Latin America : promise and resistance
Part I: Themes Chapter 1: Diffusion of Same-Sex Policies in Latin America Adriana Piatti-Crocker ... more Part I: Themes Chapter 1: Diffusion of Same-Sex Policies in Latin America Adriana Piatti-Crocker Chapter 2: The Lavender Tide? LGBT Rights and the Latin American Left Today Shawn Schulenberg Chapter 3: Support for Same-Sex Marriage in Latin America German Lodola and Margarita Corral Chapter 4: Variations in the Judicialization of Same-Sex Marriage Politics in Latin America Jason Pierceson Part II: Countries Chapter 5: Same-Sex Partnership Rights in Central America: The Case of Panama Shawn Schulenberg Chapter 6: The Creation of Civil Partnerships in Uruguay Diego Sempol Chapter 7: Same-Sex Couples in Colombia: Three Models for their Legal and Political Recognition Daniel Bonilla Chapter 8: Legal Mobilization and the Road to Same-Sex Marriage in Argentina Maria Gracia Andia Chapter 9: The Battle for Marriage Equality in Mexico, 2001-2011 Genaro Lozano
Same-Sex Marriage in the Americas: Policy Innovation for Same-Sex Relationships
... 8 Legal Struggles and Political Resistance: Same-Sex Marriage in Canada and the United States... more ... 8 Legal Struggles and Political Resistance: Same-Sex Marriage in Canada and the United States Nancy Nicol and Miriam Smith 9 ... For example, in 2006 the Supreme Court rejected the human rights lawyer, Yashin Castrillo Fer-nandez' claim that the country's Constitution and ...
The “B” Isn’t Silent
LGBTQ Politics
LGBT rights in Chile: On the verge of a gay‐rights revolution?
Sexuality, Gender & Policy
Essentially Contested Subjects: Some Epistemological Considerations when Studying Terrorists and Homosexuals
Political Parties and Same-Sex Partnership Recognition in Latin America
The Evolution of Same-Sex Partnership Recognition in Brazil
Abstract will be provided by author.
This leads to my first hypothesis: 1 LGBT social movements may disagree about what is "the most" ... more This leads to my first hypothesis: 1 LGBT social movements may disagree about what is "the most" that they could achieve (i.e. what is more progressive: civil unions or marriage), but here I am looking at this from the opposition's perspective. Universally around the world SSPR opponents would contend that marriage is more far reaching than civil unions. For more on this, see chapter two.
Essentially Contested Subjects: Some Ontological and Epistemological Considerations When Studying Homosexuals and Terrorists
New Political Science, 2013
The Evolution of Same-Sex Partnership Recognition in Brazil
Abstract will be provided by author.

The Construction and Enactment of Same-Sex Marriage in Argentina
Journal of Human Rights, 2012
This article examines how same-sex partnership recognition (SSPR) was enacted into policy in Arge... more This article examines how same-sex partnership recognition (SSPR) was enacted into policy in Argentina. It begins by looking at the history and structure of the lesbian, gay, bisexual, and transgender (LGBT) movements to explain why same-sex marriage, and not civil unions, became the primary goal. Next, it considers what the constitutional and statutory law was before the marriage bill passed and through which branches of government the law potentially could have been changed. Then it looks at how the LGBT social movement organizations have engaged with the three branches of government to advance the goal. Using an institutional lens, it then argues that elite allies and institutions amenable to change were critical to implementing the law recognizing same-sex couples. In Argentina, all three branches historically have had significant institutional powers to change the law, but lesbians and gays have had a hard time securing friends in these positions. Within this institutional framework, change was only possible after a significant number of allies—most importantly the President—supported same-sex marriage.
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Papers by Shawn Schulenberg