The Electoral Capture of Gay and Lesbian Americans: Evidence and Implications from the 2004 Election

• Date: 10 April 2007
• Published date: 10 April 2007
• DOI: https://doi.org/10.1016/S1059-4337(06)40004-1
• Pages: 103-121
• Author: Charles Anthony Smith

THE ELECTORAL CAPTURE OF

GAY AND LESBIAN AMERICANS:

EVIDENCE AND IMPLICATIONS

FROM THE 2004 ELECTION

Charles Anthony Smith

ABSTRACT

In a two-party system, electoral capture refers to the political dilemma

faced by a group that regularly votes overwhelmingly for one party while

the other major party has no interest in competing for the group’s votes

(Frymer, 1999). In 2004, 11 states approved amendments to their state

constitutions that banned same-sex marriages. The initiatives passed by

wide margins that, except in Utah, exceeded the margin of victory for the

winning presidential candidate in each state. The broad support for the

anti-gay initiatives suggests the electoral capture of Gay and Lesbian

Americans.

INTRODUCTION

Gay and Lesbian Americans faced a referendum of sorts in the November

2004 election. While nationally the voters chose a president, voters in 11

states also approved amendments to their state constitutions that, at a bare

Studies in Law, Politics, and Society, Volume 40, 103–121

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ISSN: 1059-4337/doi:10.1016/S1059-4337(06)40004-1

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minimum, banned same-sex marriages. In most cases, these voters approved

amendments also bar any legal recognition of any same-sex relationship.

That is, the bans generally extend beyond marriage to include any civil

union as well as any as yet undefined type of relationship. Across all 11

states, the initiatives passed by a margin that generally exceeded the margin

of victory for the winning presidential candidate in each state. This over-

whelming support of the anti-gay amendments held true across each state

regardless of the winning candidate’s level of support. The broad support

for the anti-gay initiatives coupled with the sweeping scope of their language

raises the specter of the electoral capture of Gay and Lesbian Americans.

I begin with a theoretical operationalization and discussion of ‘‘electoral

capture’’ as well as the viability of cataloging Gay and Lesbian Americans as

a politically cohesive and active group. A consideration of the electoral

strategies of the two major parties reveals the nature of the relationships

between the parties and Gay and Lesbian Americans. Next, the 2004 cam-

paigns and the election results are examined. Thereafter, I draw conclusions

regarding the politics of passage of the anti-gay amendments. I conclude

with a consideration of strategic options for both the two major parties and

Gay and Lesbian Americans.

ELECTORAL CAPTURE

In a two-party system, electoral capture refers to the political dilemma faced

by a group that regularly votes overwhelmingly for one party while the other

major party has no interest in competing for the group’s votes (Frymer,

1999). In short, this situation leaves the group with few viable political

options. A viable political option in this context simply means some ability

to affiliate with potentially successful politicians who support policy favored

by the group.

One option for the group is to opt out of political participation. Of

course, abdicating any role in the political process almost certainly fails to

achieve any policy gains. Alternatively, the group could ally with a third

party. However, nationally and even locally in general, third parties fail to

elect policy makers. Indeed, the academic literature considers third-party

candidates successful if they capture more than 5% of the vote (Gold, 1995,

p. 751). Third parties are simply not likely agents of policy change.

That leaves the two potentially victorious parties as the only viable po-

litical option for the group. Since one of the two major parties has no

interest in attracting the group’s votes, and indeed may have an interest in

CHARLES ANTHONY SMITH104