APA amicus curiae briefs: Furthering lesbian and gay male civil rights.

Abstract

The authors describe the American Psychological Association's (APA's) efforts to affect social policy and judicial decision making by delineating APA's participation as amicus curiae in five cases concerning the civil rights of lesbians and gay men. They discuss the function and importance of amicus briefs, review the legal principles used to advance the constitutional rights of lesbians and gay men, outline the facts in the cases APA entered, sketch the legal theories and scientific evidence that APA brought to the courts' attention, and relate the courts' decisions in those cases. They conclude with recommendations for the use of such briefs in future litigation and legislative efforts to advance the rights of lesbians and gay men.

Shaping Educational Policy Through the Courts: The Use of Social Science Research in Amicus Briefs in Fisher I

“…For example, research has examined why interest groups submit briefs, at what stage of the legal process they submit it, how much they participate, how often they are on the winning side, and how the heterogeneity and reputation of the interest groups influence the justices (e.g., Box-Steffensmeier et al, 2013; Caldeira & Wright, 1990; Collins, 2008; Segal, 1988). Other work discusses the research amici put forward in particular types of cases, including lesbian and gay civil rights cases (Bersoff & Ogden, 1991), the use of psychological research in sex discrimination cases (Fiske, Bersoff, Borgida, Deaux, & Heilman, 1991), or the social science data in cases on abortion, sex discrimination, and sexual harassment (Erickson & Simon, 1998).…”

"I only read about myself on bathroom walls": The need for research on the mental health of lesbians and gay men.

“…These are the people willing to be public about their homosexuality in the military. APA has published several amicus curiae briefs to advance the civil rights of lesbians and gay men (see Bersoff & Ogden, 1991, for a review). In sum, there are several ways in which the mental health of members of the lesbian and gay communities is representative of a specific minority group in the United States.…”

Seeing Is Believing: Research on Women's Sexual Orientation and Public Policy

“…Second, researchers can testify as experts in legal and legislative decisions involving issues in which social myths are being used to deny basic civil rights such as same-sex marriage, child custody, adoption, or foster care (Patterson & Redding, 1996). Third, professional associations, like the American Psychological Association, can provide relevant research to legislators, adopt policy statements, and participate in amicus briefs concerning the civil rights of lesbians and gay men (see Bersoff & Ogden, 1991).…”