Category Archives: Gay Rights

Our Attorney General’s “Professionalism”

One of the cardinal rules of the legal profession is to zealously represent your client–to put the interests of that client first. To be an effective and ethical lawyer, you must put aside your personal prejudices and obsessions, and focus upon the job you’ve been hired to do.

Back when I was in practice, we all knew which (few) lawyers took their clients’ money and proceeded to posture to the media, or file unnecessary pleadings, or otherwise use the lawyer-client relationship for self-aggrandizement, personal gain or ideological vendettas.

Which brings me to Indiana Attorney General Greg Zoeller.

The Attorney General is elected to protect the legal interests of Hoosiers. Zoeller, however, has consistently used the position to advance his personal religious beliefs, intervening in national high-profile, culture war cases having the most tenuous connection (if any) to Indiana. He has been especially eager to volunteer in cases involving gay rights; he spent enormous time and energy–and taxpayer resources–opposing same-sex marriage in the Supreme Court’s Windsor case.

Last week, a federal court in Indiana required Indiana to recognize the out-of-state marriage of Amy Sandler and Niki Quasney.  Niki is battling a particularly aggressive cancer, and has been told that she is terminal. The couple has two children, ages 1 and 3. Niki wants to be recognized as married in her home state while she is still alive; she wants the comfort of knowing that her family will receive the legal protections that all other married families in Indiana receive.

Zoeller immediately announced his intention to appeal. As Lambda Legal noted,

No other attorney general in the country has chosen to appeal after a court has protected the marriage of a same-sex couple on a temporary basis as a lawsuit moves forward because one of the partners is terminally ill. For example, the Ohio AG declined to appeal a court’s temporary order protecting the marriage of a man fighting Lou Gehrig’s disease as his lawsuit challenging the State’s marriage ban moved forward, even as the Ohio AG fought to uphold the ban.

When a Lambda attorney characterized the decision to appeal as “a display of cruelty,” Zoeller’s spokesperson accused the organization of an “unprofessional approach in their utterances toward opposing counsel, one not consistent with standards of civility and respect that Hoosiers and Hoosier lawyers uphold in our legal system.”

Excuse me?

Let me tell you what is “unprofessional.”

What’s “unprofessional” is using your elected position to further a theocratic agenda at the expense of voters who elected you to a secular office.

What’s “unprofessional” is volunteering your efforts–and spending our tax dollars–on cases that don’t involve Hoosiers.

What’s “unprofessional” is taking positions on behalf of all Indiana citizens with which a significant percentage of those citizens vehemently disagree.

What’s “unprofessional”–and utterly despicable–is homophobia so ingrained and obsessive that you would deny a dying woman the comfort of knowing that her children will be protected, by appealing a temporary order that applies only to her family. 

And what is really “unprofessional” is having the chutzpah to complain when someone points out your own lack of humanity and respect for the limits of the position you hold.

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About that Dustbin of History….

Indiana culture warriors Micah Clark and Eric Miller cannot be happy campers.

I get Pew Research Center’s Daily Religion Headlines in my inbox. On Thursday, two headlines confirmed what anyone watching the American landscape already knows: gay rights has gone mainstream.

The first headline was from the Detroit Free Press. It read Major Michigan companies want to ban LGBT discrimination against workers. The story highlighted an effort by the Michigan business community to include sexual orientation under the state’s civil rights laws. Note, this isn’t the business community trying to block a mean-spirited measure; it’s an affirmative effort to guarantee civil rights.

The second was a headline from the Christian Science Monitor, in the form of a question. Gay Marriage: Is GOP Tiptoeing Away from Opposition? The article cited a Pew poll  that found 61 percent of Republicans under age 30 favoring the right to same-sex marriage, and it pointed to movement on the issue around the country.

  • Earlier this month, the Nevada Republican Party removed opposition to gay marriage from its platform.
  • On April 19, most of the Illinois Republican officials who tried to remove the state party chairman over his support of same-sex marriage lost their party positions.
  • On April 29, the Washington College Republican Federation announced it had passed a resolution calling for a change to both the state and federal Republican platforms’ stance on marriage to make them more “inclusive.”
  • In January, the New Mexico College Republicans agreed to drop language opposing same-sex marriage from their platform.

The day when Karl Rove could turn out the Republican base by demonizing GLBT folks is over. The party can elect people to Congress by dint of voter suppression and gerrymandering, but if it wants to elect a President sometime this century, the GOP will have to recognize that this battle is over.

The base (in both senses of that word) lost.

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Shadenfruede

These are interesting times for gay civil rights.

On the one hand, thanks to a skillful campaign and the support of the business community, Indiana once again dodged a bullet. The proposal to amend the state’s constitution to ban same-sex marriage, civil unions and anything “structurally similar” (business partnerships? Roommates? Who the hell knows?) won’t appear on the 2014 ballot.

On the other hand, several states are considering—and Arizona actually passed before the ensuing uproar led the governor to veto it—a “religious liberty” law protecting merchants and government employees’ “liberty” to discriminate against GLBT folks. (I have no clue on how the sexual orientation of customers was to be determined…) Arizona legislators evidently believe that requiring businesses and government agencies to treat all customers and citizens equally would be an unspeakable violation of their right to “religious liberty.”

I’m sure this use of religion as a justification for hateful behavior is infinitely pleasing to their (very small) God.

The Arizona legislation is just one of a number of reactions to a larger—and immensely welcome–social phenomenon. Gay civil rights have come farther, faster, than most of us could have imagined a decade ago, and these eruptions of nastiness can accurately be discounted as tantrums thrown by people who are realizing that they’re on the wrong side of history.Still, it’s hard not to let these hateful reactions get under one’s skin.

Which brings me to the subject of this post: shadenfruede.

“Shadenfruede” is a German word that translates, roughly, to “taking pleasure from the bad fortune of others,”  and it’s probably the word that best describes my not-at-all-nice reaction to a new study described in a recent issue of the Atlantic.

Researchers have found that homophobia takes about two and half years off the lives of those who harbor such sentiments.

Previous research has shown that the stress hormone cortisol increased in white people with high levels of racial prejudice when they were interacting with someone of another race. And a different survey found that having a high level of prejudice against black people was linked to higher mortality rates in whites.

In a new study, published in American Journal of Public Health, researchers at Columbia University and the University of Nebraska looked at whether anti-gay prejudice could similarly be linked to mortality.

And guess what? It could.

The researchers controlled for—and ruled out—factors like socioeconomic status, health, and demographics. They also controlled for racial prejudice and religiosity, both of which have been strongly linked to anti-gay prejudice in previous studies.

Previous research—especially the “gold standard” General Social Survey–has established that homophobia is more prevalent among people who have less education and who profess conservative ideologies.

Bottom line–even after controlling for demographic factors, the study found a “significant association” between homophobia and earlier mortality. “The difference in life expectancy between those who expressed prejudice and those who did not was 2.5 years. The researchers also looked at specific causes of death—homophobia was linked to cardiovascular-related deaths, but not cancer.”

Maybe Dr. King was right, and the moral arc of the universe does bend toward justice.

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How Sweet It Is….

Yesterday, the Indiana State Senate voted for the version of HJR 3 that previously passed the House–a version without the legally ambiguous second sentence.

Because a constitutional amendment must pass two consecutive legislative sessions with identical language, the vote will keep the measure off the 2014 ballot. If the single-sentence version passes the next legislature, that version will go on the 2016 ballot.

If I were a betting woman (and I’m not, because I’m wrong about nearly everything), I’d wager we’ve seen the last of this retrograde effort to let “the gays” know that they just aren’t worthy of that pesky “equal protection of the laws” thing. By 2016, even the “God told me my marriage will be worthless if you get to have one too” folks will recognize that this battle is over. 

If I may, I’d like to share a few reflections on the campaign that has now (mercifully) ended:

  • Megan Robertson is awesome. The campaign she directed was brilliant, bipartisan and virtually flawless. (It’s almost enough to make me forgive her for Greg Ballard.) We will hear more from and about this young woman.
  • The GLBT community demonstrated its maturity and civility. When I first became involved in working on gay rights issues, some twenty years ago, it could be very frustrating. There were factions and “hissy fits” and unhelpful public behaviors. Those behaviors were nowhere to be seen this time around. The community was unified, dignified and focused, laser-like, on what needed to be done. GLBT folks shared their stories, made their case, and stood up for their rights as citizens, as taxpayers and as Americans.
  • The so-called “allies”–PFLAG moms and dads, pastors of welcoming churches, business leaders, bloggers and editorial writers, and hundreds of Hoosiers who just care about fundamental fairness and decency–shook off their usual apathy and made their opinions known. They swarmed the Statehouse, they wrote letters to the editor, they volunteered at phone banks, and they wrote checks.

And the democratic process worked the way it is supposed to.

In a bright-red state not noted for progressive policies, in a Statehouse dominated by Republicans accustomed to doing the will of their rabidly conservative base, the good guys actually won.

As my husband likes to say, campaigns matter.

I’ll drink to that.

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Testing…

Arguments about morality have been hurled from both directions in the fight over HJR3.  Those who want to place the ban on same-sex marriage in the state’s constitution argue that (their version of) biblical morality demands it; those of us on the other side–religious and not– define morality in terms of how we treat other people, and find HJR3 lacking.

There’s another “moral” question involved, however, and it is less often noted.

You might think of HJR 3 itself as a moral test being administered to Indiana legislators.

I have a good friend who is a lobbyist. He’s over at the statehouse every day, and–like all lobbyists–engages in constant conversations with Indiana lawmakers. He tells me that a fair number of those who can be counted on to vote for HJR3 know it is the wrong thing to do. They will admit–privately–that it will hurt Indiana, hurt children being raised in GLBT families, that it is bad public policy, and even that it is morally wrong.

But they “have to” vote for it because they represent conservative areas of the state. Because they might face a primary challenge if they vote their minds and consciences. Because it would be awkward explaining a “no” vote to their constituents.

My friend finds this understandable, if regrettable. I find it despicable.

Sometimes, life gives us hard choices. We’ve all found ourselves in situations where we have to choose between doing what we know is the right thing and doing the easy, self-serving thing.  How we act in those situations is the true test of character and morality.

Some of our legislators are truly homophobic. Others believe, for whatever reason, that gay citizens are not entitled to equal rights. They’re wrong, and most of them probably realize that they’re on the wrong side of history. But they’re voting their beliefs, however benighted I may consider those beliefs.

The truly contemptible lawmakers are the ones who know better, the ones unwilling to do what they know is right because doing so might entail some personal cost.

They fail the test. Big time.

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