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"State-Level Public Opinion and Public Policy on LGBT Issues" published on by Oxford University Press.

"The Evolution of Same-Sex Marriage Policy in the United States" published on by Oxford University Press.

Theoretical work assumes that legislators use ex ante design to gain bureaucratic influence, not only at an agency's appointment stage but also as an ongoing tactic. Yet no empirical work has investigated whether or not legislators prefer to use design to exert influence after an agency's appointment stage. Using a mail survey of more than 2,500 legislators, we model legislators' preferences for ex ante design as a function of both institutional factors and individual legislators' characteristics. Our results suggest that the feasibility of agency design as an ongoing tactic of bureaucratic influence is more limited than theoretical work indicates and that both institutional‐ and individual‐level factors explain legislators' preferences.

AbstractWhile previous work suggests that enacting coalitions' use of ex ante control devices shapes future legislatures' incentives to intervene in the bureaucracy, it is less clear how such insulation motivates individual legislators. We advance an individual-level account of how legislative rule review, a control device that structures an agency's insulation from political interference, differentially shapes legislators' preferences for direct and statutory intervention tactics. Using an original survey of U.S. state legislators, we find that insulation reduces the expected policy benefits of direct interventions, making these tactics less attractive to legislators. Moreover, to capitalize on more permeable agency design, legislators must have access to key resources. For statutory tactics, insulation has no effect on legislators' intervention preferences. Our findings suggest that insulation is a durable control device that casts a long shadow in protecting an enacting coalition's interest in agency affairs.

While previous work suggests that enacting coalitions' use of ex ante control devices shapes future legislatures' incentives to intervene in the bureaucracy, it is less clear how such insulation motivates individual legislators. We advance an individual-level account of how legislative rule review, a control device that structures an agency's insulation from political interference, differentially shapes legislators' preferences for direct and statutory intervention tactics. Using an original survey of U.S. state legislators, we find that insulation reduces the expected policy benefits of direct interventions, making these tactics less attractive to legislators. Moreover, to capitalize on more permeable agency design, legislators must have access to key resources. For statutory tactics, insulation has no effect on legislators' intervention preferences. Our findings suggest that insulation is a durable control device that casts a long shadow in protecting an enacting coalition's interest in agency affairs. Adapted from the source document.

This paper explores an anomaly in gay, lesbian, bisexual and transgender (LGBT) rights policy, laws allowing transsexual individuals to amend their birth certificates. Unlike most other LGBT rights policies, these statutes are often found in Southern and other conservative states. In fact, these laws are found in half of the Southern states. The array of states with these laws does not conform to the traditional pattern of morality politics laws that is commonly associated with LGBT rights. Using a Cox non-proportional hazards model, we find that the adoption of these laws was influenced by vertical diffusion of the Centers for Disease Control's model vital records recommendations. States with more professionalized bureaucracies, like Virginia and Georgia, were more likely to implement these recommended best practices. However, as transgender rights became more closely associated with the gay rights advocacy movement, this issue likely resembles morality policy. The result being that liberal and conservative elites respond to these policies in predictable manners. Notably, the political opportunity structure in Southern states has not allowed the passage of this type of statute since the incorporation of transgender rights into the LGBT social movement during the mid-1990s.