Comparing Politics, Law, Policy, and Power

The issue of same-sex marriage has been a contentious and polarizing topic in the United States for several decades. As society’s attitudes toward the LGBTQ+ community have evolved, so too have laws and policies regarding same-sex marriage. However, the approaches taken by different states have been far from uniform, with some states being more progressive and inclusive while others have been resistant to change.

SOC FPX 2000 Assessment 5 Comparing Politics, Law, Policy, and Power

This essay aims to compare and contrast the approaches taken by Florida and Texas concerning same-sex marriage. Through this comparison, we will explore how laws and policies are made and how they change over time, and how sociology can help us understand the processes involved in legislative decision-making. We will consider which sociological theories best apply to the policy decisions made by these states and whether these policies reflect sound research and data on the topic.

By examining the interplay between power, politics, and population demographics, we aim to understand better how our culture’s beliefs about diversity are reflected in the law-making and policy-making process. Ultimately, this essay will contribute to our understanding of how we can develop more effective solutions to political and social issues and create equitable and evidence-based policies.

Theoretical Perspectives of Power in Approaches to Same-Sex Marriage

The differences in how Texas and Florida approach the issue of same-sex marriage can be analyzed through various theoretical perspectives of power. One theory is the elite power theory, which suggests that a small group of individuals with high levels of wealth and influence control decision-making processes in society (Bell & Reed, 2021). In Texas, where same-sex marriage is not legally recognized, the state’s Republican-dominated government and powerful conservative interest groups such as the Texas Values and Texas Public Policy Foundation have played significant roles in shaping public policy (Magee, 2022). These groups have consistently advocated for traditional family values and opposed same-sex marriage, and their influence can be seen in the state’s policies.

On the other hand, Florida has taken a more moderate approach to same-sex marriage, legalizing it in 2015 (Pennington, 2020). One possible explanation for this difference in practice is the theory of pluralism, which posits that power in society is dispersed among various groups with competing interests, and public policy reflects the balance of power among them. In Florida, a coalition of progressive activists, LGBT advocacy groups, and business leaders successfully lobbied for legalizing same-sex marriage (Encarnacion, 2020). These groups formed a powerful alliance that challenged conservative interests and contributed to a shift in public opinion and policy on this issue.

Another theory that can explain the differences in how Texas and Florida have approached same-sex marriage is the Marxist theory, which views power as arising from economic relationships and class struggle. In Texas, the state’s conservative policies can be seen as serving the interests of wealthy elites and reinforcing existing power structures. In contrast, Florida’s more liberal policies on same-sex marriage can serve marginalized communities’ interests and challenge dominant power structures.

Politics Regarding Same-Sex Marriage

Texas and Florida have taken vastly different approaches to the issue of same-sex marriage. Understanding the politics behind these approaches requires examining the key political players involved in the policy-making and law-making processes.

In Texas, the Republican Party has dominated state politics for decades, with a firm grip on the legislature. Republican lawmakers have consistently opposed same-sex marriage, (Arceneaux, 2022). Texas has continued to resist. Governor Greg Abbott and Attorney General Ken Paxton have both vowed to fight the ruling.(Coley, 2020).

Conversely, Florida has a more moderate political climate, with Republican and Democratic officials playing significant roles in policy-making. In 2008, Florida voters approved a constitutional amendment similar to Texas’s, defining marriage. However, in 2014, a federal judge struck down the ban, and in 2015, same-sex marriage was officially legal (Rosky, 2022). While some Republican officials, such as Governor Ron DeSantis, have opposed same-sex marriage, they have primarily accepted its legality and have not made it a priority issue.

Differences in Politics and Application

The differences in politics between Texas and Florida are reflected in their approaches to same-sex marriage. In Texas, the Republican Party’s firm grip on state politics has allowed them to resist federal rulings and maintain a strict definition of marriage as between one man and one woman. This stance has been driven by conservative Christian groups, which have significant political influence in the state. 

On the other hand, in Florida, a more moderate political climate has allowed for greater acceptance of same-sex marriage, even among Republican officials. LGBTQ+ Texans face significant legal and social barriers to marriage and other rights, and their ability to access these rights largely depends on the whims of Republican lawmakers (Heath, 2022). In Florida, however, same-sex couples have greater legal protections and are more widely accepted by society.

State Policies Affecting Population Migration

When analyzing how state policies might affect population migration, it is essential to consider the historical context of each state’s approach to same-sex marriage. Florida and Texas have both experienced significant population growth in recent years during the same period (Pennington, 2020). Historically, Florida has been a popular destination for retirees, with many moving to the state for its warm climate and amenities. However, in recent years, Florida has also become an attractive destination for young professionals and families due to its growing job market and affordable cost of living. In contrast, Texas has long been known for its strong economy and business-friendly environment, attracting many young professionals to its major cities.

Past migrations to Florida and Texas may provide some context for how state policies on same-sex marriage could impact population migration. For example, if Florida adopts a more conservative stance on same-sex marriage, it could deter young professionals and families who value diversity and inclusivity from moving to the state. In contrast, if Texas were to become more progressive on same-sex marriage, it could attract more LGBTQ+ individuals and allies seeking a more welcoming environment.

SOC FPX 2000 Assessment 5 Comparing Politics, Law, Policy, and Power

Demographics and Possible Explanations

Several demographic factors could also explain how Florida and Texas have approached same-sex marriage differently. For example, Florida has a higher percentage of older adults than Texas, with 20.5% of its population aged 65 and older compared to 16.5% in Texas (Nowotny, 2022). Older adults may be more likely to hold conservative values and support traditional marriage definitions. Additionally, Florida has a higher percentage of white residents than Texas. Research has shown that individuals who identify as white and evangelical Christians are more likely to oppose same-sex marriage (Jones et al., 2021).

Geography could also be a factor, as Florida has a more significant percentage of its population living in urban areas than Texas (95.4% versus 86.2%, respectively) (U.S. Census Bureau, 2021). Urban areas are often more diverse and liberal, which could explain why Florida has been more open to same-sex marriage (Bureau, 2021).

Religion could also play a role, as Florida has a higher percentage of residents identifying as evangelical Christians than Texas (24.6% versus 18.3%, respectively) (Pew Research Center, 2021). Evangelical Christians are likelier to hold conservative beliefs on social issues such as same-sex marriage.

Finally, socioeconomic factors could explain how Florida and Texas have approached same-sex marriage differently. Florida has a lower median household income than Texas, with $59,227 versus $64,283, respectively (U.S. Census Bureau, 2021). Additionally, Texas has a more significant percentage of its population with a bachelor’s degree or higher than Florida (30.9% versus 28.5%, respectively) (U.S. Census Bureau, 2021). Education and income levels often correlate with political beliefs and could explain why Texas has been more open to same-sex marriage.

Contrasts on Diversity Issues

The states of Texas and Florida have taken vastly different approaches to diversity issues, particularly law, politics, and policy. The contrast between the two states is particularly striking regarding issues such as same-sex marriage and immigration. 

Contrasts in Law and Politics

In terms of same-sex marriage, Texas has a constitutional amendment banning same-sex marriage, while Florida lifted its ban in 2015 after a federal court ruling (Pennington, 2020). In terms of immigration, Texas has taken a hardline stance, passing laws restricting the rights of undocumented immigrants and cooperating with federal authorities to enforce immigration laws. In contrast, Florida has a more welcoming approach to immigrants and has passed laws to protect undocumented immigrants from deportation.

Real-World Implications

The differences in laws and policies have had real-world implications on the migration patterns of the groups affected. For instance, after the federal court ruling legalizing same-sex marriage, Florida experienced an influx of LGBTQ+ couples who came to the state to get married and settle down (Hiegert, 2020). In contrast, Texas saw a decrease in same-sex couples as the state continued to enforce its ban on same-sex marriage.

Similarly, Texas’s restrictive laws on undocumented immigrants have decreased the number of immigrants settling in the state, particularly those without legal status. In contrast, Florida’s more welcoming policies towards immigrants have increased the number of immigrants settling in the state, mainly from Latin American countries.

Future Implications

The differences in laws and policies between Texas and Florida will likely affect future migration patterns. As more states legalize same-sex marriage, Texas may continue to lose LGBTQ+ couples to other states (Umberson et al., 2020). Similarly, as the debate over immigration continues, Florida’s more welcoming policies may attract more immigrants, while Texas’s restrictive policies may discourage immigrants from settling in the state.

Historical Solutions for Discrepancies in Laws

Historical precedent offers a valuable opportunity to explore how states have dealt with discrepancies between their and federal laws regarding diversity issues. One example occurred in the 1960s and 1970s when conditions were required to desegregate their schools due to the Supreme Court’s decision in Brown v. Board of Education (Terbeek, 2021). While some states initially resisted this decision, eventually, all states complied and desegregated their schools. This provides an essential lesson for current issues related to diversity, including same-sex marriage and immigration. The same case showed that when federal law conflicts with state law, federal law ultimately prevails. 

In the context of diversity issues, states that resist change must eventually adjust their policies to comply with federal law. For example, in the case of same-sex marriage, states like Texas and Florida that have been resistant to legalizing same-sex marriage may eventually be forced to do so due to federal court decisions or legislative action at the national level.

Another lesson from the Brown v. Board of Education case is that policy changes often require sustained activism and advocacy efforts. The desegregation of schools did not happen overnight; it needed years of protests, legal battles, and social movements to bring about change. Similarly, the fight for same-sex marriage rights and comprehensive immigration reform will require a sustained effort by activists, advocacy groups, and concerned citizens.

However, it’s important to note that not all historical solutions may apply to every situation. For example, the desegregation of schools was a matter of civil rights and racial equality, a prominent and morally charged issue. While same-sex marriage and immigration are important issues related to diversity and human rights, they may not elicit the same public attention or moral outrage as desegregation. Solutions for these issues may need to be more incremental and require different strategies and tactics than those used in the past.

Conclusion

Examining the approaches to same-sex marriage issues in both Florida and Texas highlights the complex relationship between politics, law, and policy. Theories of power, such as power elite theory and pluralism, help explain these differences as demographic and cultural factors are analyzed. These different approaches to policy and law have had significant impacts on the LGBTQ+ communities in each state, with Florida likely attracting more LGBTQ+ migrants than Texas.

However, it is essential to note that historical solutions may not directly apply to contemporary issues. It will require ongoing research and analysis and a willingness to engage in challenging and nuanced discussions to create effective policies and laws that reflect the diversity of our society.

SOC FPX 2000 Assessment 5 Comparing Politics, Law, Policy, and Power

References

Arceneaux, C. L. (2022). The struggle for inclusion: Patriarchy confronts women and the LGBTQ+ community. Emerging Globalities and Civilizational Perspectives, 119–161. https://doi.org/10.1007/978-3-031-07904-7_4 

Bell, K., & Reed, M. (2021). The tree of Participation: A new model for inclusive decision-making. Community Development Journal, 57(4). https://doi.org/10.1093/cdj/bsab018 

Bureau, U. C. (2022). 2021 National and State Population Estimates Press Kit. Census.gov. https://www.census.gov/newsroom/press-kits/2021/2021-national-state-population-estimates.html 

Coley, J. S. (2020). Have christian colleges and universities become more inclusive of LGBTQ students since Obergefell v. Hodges? Religions, 11(9), 461. https://doi.org/10.3390/rel11090461 

Encarnacion, O. G. (2020). The gay rights backlash: Contrasting United States and Latin America views. The British Journal of Politics and International Relations, 22(4). https://doi.org/10.1177/1369148120946671 

Heath, Q. (2022). LGBT recovery for intrusions on privacy: Revisiting privacy tort doctrine post-Obergefell. Boston University Journal of Science and Technology Law, 28, 135. https://heinonline.org/HOL/LandingPage?handle=hein.journals/jstl28&div=10&id=&page= 

Hiebert, D. (2020). Patchwork protections in Kansas: The rise of religious exemption laws demands state-level LGBTQ antidiscrimination protections. Kansas Journal of Law & Public Policy, 30, 128. https://heinonline.org/HOL/LandingPage?handle=hein.journals/kjpp30&div=10&id=&page= 

Jones, N. E., Malone, D. E., & Campbell, M. E. (2021). Same-sex and different-sex interracial couples: The importance of demographic and religious context. Race and Social Problems. https://doi.org/10.1007/s12552-021-09340-5 

Magee, C. (2022). The Politics Of Sexuality Education Policy In Texas . Public Health Theses School of Public Health. Retrieved March 03, 2023, from https://elischolar.library.yale.edu/cgi/viewcontent.cgi?article=2172&context=ysphtdl 

Nowotny, K. (2022). Age and COVID-19 mortality in the United States: A comparison of the prison and general population. International Journal of Prisoner Health. https://doi.org/10.1108/IJPH-08-2021- 

Pew Research Center. (2022). Religious Landscape Study. Pew Research Center’s Religion & Public Life Project. https://www.pewresearch.org/religion/religious-landscape-study/state/florida/ 

Pennington, S. J. (2020). Two women and a baby: The effect of same-sex marriage on a presumption of maternity in a dual paternity state. Southern University Law Review, 48, 39. https://heinonline.org/HOL/LandingPage?handle=hein.journals/soulr48&div=6&id=&page= 

Rosky, C. (2022). Don’t say gay: The government’s silence and the equal protection clause. The University of Illinois Law Review, 2022, 1845. https://heinonline.org/HOL/LandingPage?handle=hein.journals/unilllr2022&div=53&id=&page= 

Terbeek, C. (2021). “Clocks must always be turned back”: Brown v. Board of education and the racial origins of constitutional originalism. American Political Science Review, 115(3), 1–14. https://doi.org/10.1017/S0003055421000095 

Umberson, D., Thomeer, M. B., Pollitt, A. M., & Mernitz, S. E. (2020). The psychological toll of emotion work in same‐sex and different‐sex Marital Dyads. Journal of Marriage and Family, 82(4), 1141–1158. https://doi.org/10.1111/jomf.12686 

Willison, C. E., Singer, P. M., Creary, M. S., & Greer, S. L. (2019). Quantifying inequities in U.S. federal response to hurricane disaster in Texas and Florida compared with Puerto Rico. BMJ Global Health, 4(1), e001191. https://doi.org/10.1136/bmjgh-2018-001191 

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