Anti-discrimination policy actors and their use of litigation strategies: the influence of identity politics

Abstract: Paralleling the institutionalization of human rights in European Community (EC) law is a growing body of literature on the use of strategic litigation by policy actors to expand or enforce those rights. Until recently however, relatively little scholarly attention has been paid to the full range of factors which influence the use of strategic litigation by organizational actors. This paper assesses existing explanations of strategy choice and finds that the emphasis on political and legal opportunity approaches and resource-mobilization explanations has led to a neglect of other, potentially important, variables. It aims to remedy this gap in the literature by suggesting that the identity politics and framing processes of a social movement may play a significant role in influencing the take-up of a litigation strategy. Case studies of the disability movement and the lesbian and gay movement in the United Kingdom illustrate how these variables can shape strategy choice.