This paper is authored by a team of economists and provides a groundbreaking empirical analysis of a perennial question in sociology, politics and the social sciences in general: do laws merely reflect existing social behaviours, or can laws actually drive them? By studying the progressive introduction of same-sex relationship recognition policies (SSRRPs) across Europe between 2002 and 2016, researchers demonstrate that legislative intervention is not simply a bureaucratic formality; it is a powerful and transformative engine for cultural change and progress. By analysing data from over 325,000 individuals, the research reveals that legal recognition leads to significant and measurable improvement in attitudes toward sexual minorities.
Paper name
Do Laws Shape Attitudes? Evidence from same-sex relationship recognition policies in Europe.
Who wrote this paper?
The paper was written by Cevat G. Aksoy (EBRD and King's College London), Christopher S. Carpenter (Vanderbilt University), Ralph De Haas (EBRD and Tilburg University), and Kevin D. Tran (DIW Berlin).
Best quote
We provide evidence that cross-country variation in policies toward sexual minorities reflects attitudes of the citizenry but also that such policies do have a real effect in terms of shaping attitudes. [...] Our findings are most consistent with the legitimacy model whereby legal status confers legitimacy toward a group (here, sexual minorities), and attitudes adjust in response
Key takeaways
- Laws as Social Educator: Contrary to the idea that laws merely follow public opinion, the data demonstrates that legal status confers social legitimacy and dignity upon marginalised groups. Social attitudes then adjust accordingly.
- Greater Impact in Conservative Strongholds: Surprisingly, the effect of the law is strongest in countries with less gender equality (!). Within these societies, the impact is most pronounced among traditionally conservative groups, such as religious individuals and those in rural areas.
- Advancement Without Backlash: The study found no evidence of a 'backlash' effect. The introduction of civil rights did not lead to a significant worsening of attitudes toward LGBT people, thus debunking fears that such reforms inevitably trigger destructive social counter-reactions.
What's in this report?
The article explores a central challenge for modern democracies: the efficacy of civil reforms in promoting social inclusion. The research conducts an empirical analysis utilising a quantitative experimental approach, exploring the gradual rollout of same-sex marriage and civil union laws across European countries over different time periods.
Using data from the European Social Survey (ESS), researchers isolated the effect of laws by controlling for multiple variables, including individual characteristics like age, religion, marital status, and country-specific characteristics. By then relying on a difference-in-differences model, they compared countries that passed these laws with those that did not, and ultimately identified a 3.5 percentage point increase in the likelihood of citizens agreeing that gay men and lesbians should be free to live as they wish following the policy change. The shift accounts for approximately 35% of the total increase in social support observed during the entire sample period.
Finally, the research also analyses the timing of this shift, with improvements typically appearing within the first two years of adoption. This is likely driven by the increased legitimacy provided by the legal event.
Why should you read this paper?
This study is a paradigm shift for policymakers, researchers, social scientists and any public servants. It demonstrates that social change does not always have to precede the law: it can be catalytically driven by it. This paper does serve as evidence that legislative reforms are a form of national 'nudging', because by altering the legal architecture of a country, they can normalise inclusion.
The paper, therefore, shows that policy-making is not just the power to administer, but it also involves the responsibility to evolve the ethical environment of a society, reducing discrimination and improving collective well-being through legal legitimacy.
Who is this report for?
This paper can be an essential resource for legislators, civil rights advocates, social scientists and anyone interested in how institutions influence culture. In particular, it is a must-read for those who wish to base civil rights debates on solid empirical data.
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