Judging Bias: How Sexual Orientation Cues Shape Perceptions of Judicial Impartiality Across Two Social Contexts

Matthew C. Dempsey and Joshua R. Thompson

Social Science Quarterly, 2026, vol. 107, issue 3

Abstract: Objectives To test whether cues to a judge's sexual orientation influence perceptions of judicial impartiality and whether such effects have changed over time. Methods Two between‐subjects survey experiments conducted nine years apart (N = 836 in 2014; N = 493 in 2023) asked respondents to evaluate a state court judge described with heterosexual, gay or lesbian, or no‐orientation cues. Identical vignette structures enabled direct comparison across contexts. Results In 2014, respondents rated gay and lesbian judges as more biased than heterosexual judges, while perceptions of correctness showed little difference. By 2023, orientation‐based bias had mostly receded: ratings of gay male judges no longer differed from heterosexual or no‐information judges, and only a modest residual bias toward lesbian judges remained. Conclusions Even in a more accepting social climate, subtle identity cues can still shape perceptions of impartiality, refining conditional‐legitimacy theories of judicial evaluation.

Date: 2026
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