Since the practice's origins among U.S. Air Force fighter pilots and their spouses during World War II, and its discovery by the media in the late 1950's, swapping has faced many political and legal battles. In many cases, those who participate in swapping have been able to overcome attempts by government and by private organizations by putting together formidable and reasonable legal defenses. For instance in the late 1990's, a group that participated in wife swap, husband swap, and swing behavior was able to overcome a political battle against the California Department of Alcoholic Beverage Controls (ABC). In order to win, the group of swingers made the argument that ABC was trying to dictate the private behavior of citizens in terms of sexuality. Therefore, the attempted actions of ABC concerned not only a group of swinger, but also all private citizens to some degree.

Wife swap is regularly a practice at many swingerclubs. Many such swingerclubs have faced unfair resistance from local law enforcement. Mostly the unfair resistance has come in the form of selective enforcement of zoning regulations or even the quick passing of new city ordinances. In Arizona, for example, when five swingerclubs were shut down, a City Attorney claimed that gay male sex clubs were staying open due to their solidarity and minority group status. Swapping participants have since used this argument by the attorney as a reason for solidarity between swingers and other sexual minorities (especially the gay community).

To protect swapping, swingerclubs, homosexual sex clubs, and all sexual groups, swinging groups have made suggestions to win battles in the future over their rights to exist in communities that house other sex groups (gay male sex clubs, for example). For instance, since many organizations that are against swingerclubs and swapping also push to shut down visual displays by the groups, the ACLU and other free-speech organizations are quick to get involved in fights. By bringing in these groups, swingers can bring these fights to the main stream masses. When free-speech and personal rights are at stake, the public becomes much more likely to get involved on the side of the sexual groups. Another way of swinging the momentum of these battles in favor of wife swap groups and swingerclubs is to stay in line politically (and not just in ideal) with other sexual minorities. By framing debates in terms of particularly the gay community, the fight becomes more favorable. This strategy is a simple case of numbers; a debate is easier to win if more groups (and thus individuals) are involved on your side.

Swingerclubs, spouse swapping, and private swinging are enjoying an increase in growth. This is due to the solidarity of swingers with other sexual minorities. As the allegiance between these sexual minority groups grows, so will the freedom of these individuals to participate in their own private sexual activities without the interference of local, state, or federal government.