From Russia, Without Love

There is a lesson for all of us in Russia’s dramatic repression of gays and gay advocacy, and it isn’t necessarily the lesson we think.

For readers who may have spent the last few weeks on an ice floe in Antartica, here’s the quick-and-dirty: Russia strongman Vladimir Putin suddenly (at least it seemed sudden from an American vantage point) announced what amounted to an official war on homosexuality. The Russian legislature unanimously rubber-stamped a measure imposing huge fines on people found to have engaged in “propaganda of nontraditional sexual relations,” which has increasingly been used to harass, fine and imprison anyone expressing pro-gay sentiments.

Although same-sex relationships are not criminal in Russia, anti-gay sentiment is very strong there, and support for Putin’s vendetta against the GLBT community is high.

Putin is engaging in a time-honored tactic employed by autocrats when things aren’t going so well. His personal prejudices or lack thereof are irrelevant. His goal is distraction, and his  tactic is to identify the most useful “shiny object”—a group sufficiently powerless and unpopular to guarantee that a high-profile campaign against its members will shift citizens’ focus away from what’s wrong with the country.

Eventually, history suggests that the group won’t just be used as a distraction; it will be made the scapegoat for all the things that are wrong with the country. Hitler blamed Germany’s problems on the Jews; in other countries, it has been communists or Muslims or Shi’ites. An academic paper on scapegoating explains why it works:

A strong advantage in scapegoating is that the whole society or a whole social group is raised in status against the targeted minority or individual, and any societal behavior is at the same time legitimized (“Of course we are full of defects, but we do not act like them”).

In order to reap the political benefits of scapegoating, however, it is first necessary to dehumanize members of the targeted group. So gays are promiscuous pedophiles, Jews are scheming, rapacious businessmen, lazy black men lust for white women, Muslims are obsessed with jihad…. Whoever they may be, “they” aren’t people like us. History provides us with a long list of convenient and available stereotypes for almost any group you might want to target.

Scapegoating as a political tactic almost always arises in times of national stress—times  when things aren’t going well, and those in charge need someone to blame.

What is happening in Russia right now is a textbook example. The dissolution of the Soviet Union did not bring nirvana to the long-suffering people of Russia—far from it. Russians have struggled to form democratic governing institutions in a country that has never had them, a country without a culture of self-rule. Much the same upheaval—for many of the same reasons—is occurring in the Middle East, in the wake of the Arab Spring. For that matter, there is unrest in many other parts of the world, including much of Africa.

These are profoundly dangerous times for people who belong to marginalized groups. The temptation to “pull a Putin” will be very great in many of the countries experiencing upheaval. (And yes, if we don’t address America’s growing inequality, it can happen here.)

Gay people are at risk in Russia. We must bring political pressure to bear, and we must work to moderate and reverse Putin’s discriminatory policies. But the real lesson to be learned from this is that we are all in this together. In a dangerous world, we are all vulnerable.

When I was director of Indiana’s ACLU, I constantly reminded people that rights are indivisible. If everyone doesn’t have them, no one really does. A country that can pick on gay people today can pick on Muslims or Christians—or redheads—tomorrow.

As a friend of mine once put it, “Poison gas is a great weapon until the wind shifts.”

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Looking for a Diagnosis

Behaviors that mystify and depress me:

A few days ago, the news carried a poignant story about an Ohio man named John Arthur. Arthur is in the terminal stages of Lou Gehrig’s disease, and is dying.  He and his partner of twenty-plus years recently flew to Maryland together, in a specially-equipped aircraft, in order to be legally married before Arthur died, something their home state of Ohio would not permit.  According to news reports, Arthur was unable to rise from his hospice bed.

When they returned to Ohio, they won a court decision that allowed Arthur to fulfill his dying wish. As Think Progress reported:

In his final days, Arthur wants to honor his commitment to his husband. He wants his own death certificate to list Obergefell as his “surviving spouse.” And he wants to die knowing that his partner of 20 years can someday be buried next to him in a family plot bound by a directive that only permits his lawfully wedded spouse to be interred alongside him. And, on Monday, a federal judge ruled that Arthur should indeed have the dignity of dying alongside a man that Ohio will recognize as his husband.

And now, Ohio Attorney General Mike DeWine (R) wants to take that dignity away from Mr. Arthur. The day after a judge issued a temporary restraining order requiring Ohio to list Arthur’s husband as his “surviving spouse” on his death certificate, DeWine announced that he would appeal this decision and try to strip a dying man of his final wish.

The judge’s order is limited exclusively to Arthur and Obergefell. Indeed, as the judge explains, “there is absolutely no evidence that the State of Ohio or its citizens will be harmed by the issuance” of an order requiring Ohio to acknowledge the two men’s marriage. “No one beyond Plaintiffs themselves will be affected by such a limited order at all.”

Closer to home, a relative I dearly love has been in a same-sex relationship for 5 1/2  years. From all indications, the relationship was mutually-supportive and loving. The only issue that has troubled them has been the refusal of her partner’s parents to accept the fact that their daughter is gay. When it appeared that she would not “grow out” of “this phase,” they issued an ultimatum: renounce what you are and terminate this relationship, or we will no longer consider you our daughter.  She acquiesced.

My relative is heartbroken, and I ache for her, but I know she will eventually find someone less conflicted. My deeper sympathies are for the girl torn between her family and her identity–the girl without the inner strength to be who she is in the face of her family’s twisted and selfish “love.”

I don’t understand people like these. I don’t know what it is that makes them so vicious and judgmental, so willing to hurt other human beings who are just trying to live their lives. I don’t understand politicians who define success by how well they can marginalize and demonize other people.   I especially don’t understand parents who would reject an accomplished and dutiful child simply because she loves differently–parents who would consign a child to a life of pretense and loneliness rather than reconsider beliefs that are already headed for the dustbin of history.

There must be a psychiatric diagnosis that explains these poor excuses for human beings, but I don’t know what it is.

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More Evidence of Civic Ignorance

Over at Dispatches from the Culture Wars, Ed Brayton quotes a column written by one of those “serious news” folks from increasingly  absurd Fox News.

Joe Carr believes a day is fast approaching when pastors will be charged with hate crimes for preaching that homosexuality is a sin and churches will face lawsuits for refusing to host same-sex weddings.

“It’s just a matter of time,” said Carr, the pastor of Waynesville Missionary Baptist Church in Georgia. “What’s happening in Europe – we’re going to see happen here and we’re going to see it happen sooner rather than later I’m afraid.”

And that’s why the congregation will be voting next month to change their church bylaws – to officially ban the usage of their facilities for gay marriages.

“We needed to have a clear statement,” Carr told Fox News. “It’s to protect us from being forced to allow someone to use our facilities who does not believe what we believe the Bible teaches.”

In how many ways is this unbelievably stupid?

First–and most important–the U.S. Constitution has this provision called the First Amendment. The First Amendment includes something called the Free Exercise Clause–and that Clause absolutely prohibits government from telling churches what to preach or who to marry. Your church can preach hate, it can ban gays, blacks, unwed mothers or smart-ass bloggers–your church can refuse to conduct same-sex marriages, interfaith marriages, or marriages between ducks and drakes…whatever your doctrinal pleasure, no matter how unwelcoming or bizarre.

READ MY LIPS: the government can’t make you change your theology or your practices. You are safe from the assaults of the homosexual hordes.

Feel better?

On the other hand, if the government actually could impose its will on your church–if there was no Free Exercise Clause, and if (as you seem to believe) a Supreme Court decision mandating equality could be applied to churches and religious bodies–do you seriously think that changing your bylaws would protect you?  Try to think (I know it’s hard). If your church changed its rules and declared its church van would no longer observe the speed limit, do you really think that would protect you from getting a ticket?

And by the way–if you own your church, you get to say who uses it. Even if your bylaws don’t spell that out.

This is why civics teachers and lawyers drink.

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Is Intellectual Honesty Too Much to Expect?

Okay, that’s a rhetorical question.

After Governor Pence responded to the decision striking down DOMA, citizens who disagreed with him flooded his Facebook page. Their comments were removed; when asked about that, Pence said the comments had been “uncivil” and profane. As the media has reported, screenshots proved otherwise. Evidently, our governor is too thin-skinned to engage in good faith with those holding opinions different from his own, so his staff simply erased them.

That’s a relatively minor–and all too predictable– example, however. What really caught my eye was an Op-Ed penned by Curt Smith in yesterday’s Star–a counter to the Star’s surprisingly excellent editorial.

Curt Smith, for those who are unfamiliar with his background, is a longtime local culture warrior. I first met him when I was the ‘token heterosexual’ in a group that visited the offices of Senator Dan Coats to express concerns about “Don’t Ask, Don’t Tell.” This was during Coats’ first term, and Smith was his AA. Smith met with the group–Coats did not–and spent most of the uncomfortable half-hour telling us that God disapproved of homosexuality.

Let’s just stipulate that it wasn’t a productive meeting.

My other illuminating Curt Smith story occurred when the Jewish Community Relations Council convened a community-wide meeting at the Jewish Community Center, to determine whether the organization should take a formal position on the effort to place a ban on same-sex marriage in the Indiana Constitution. The session began with a panel discussion; David Orentleicher and I argued that a position opposing the Amendment and supporting same-sex marriage was consistent with Jewish values. Curt Smith and someone I don’t recall spoke in opposition. During the lively question and answer period that followed, Rabbi Dennis Sasso spoke eloquently about the importance of separation of church and state, and made several biblical references to justice and equality. Curt Smith responded by telling Rabbi Sasso that he had misunderstood the biblical text, and he offered to send the Rabbi “biblical scholarship” that would straighten him out.

I’ve never forgotten that exchange. It was one of the most arrogant and offensive things I’ve ever seen.

Arrogance is one thing, however, and dishonesty is another. In his column yesterday, Smith wrote the following:

A 2012 study published in a well-known academic journal, Social Science Research, showed children raised by lesbian or gay parents fared worse than children of straight parents when it came to education, mental health, criminal history and other measures. The study looked at a large, random sample of young adults over age 18.

Well, not exactly. If you consult the actual publication, you get a significantly different, and far more nuanced, set of conclusions. The study did find slight advantages enjoyed by children of  non-divorced heterosexual families over those of non-separated homosexual parents. However, this result was qualified because the researcher did not have a sufficient number of children from the latter group to allow her to draw statistically-significant conclusions.  She also did not control for adoption. (A number of studies find that adopted children and biological children have different experiences and thus outcomes that are statistically different.) Furthermore, several scholars commented with concerns about aspects of the study’s statistical methods, and the author readily conceded the legitimacy of those methodological concerns. The study’s basic conclusion? “This probability study suggests considerable diversity among same-sex parents.”
Well, yes.
Most research has found little or no difference between the children of gay and straight parents. Perhaps those studies are wrong. On the other hand, as more states recognize same-sex marriages, and those families have the same social supports that heterosexuals enjoy, such differences as exist may well disappear. I don’t know, and neither does Curt Smith.
But whatever the evidence ultimately shows, honest people will deal with it. Dishonest ideologues will lie about it.
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Random Thoughts on Equality

Yesterday’s Supreme Court rulings on DOMA and Proposition 8 prompted a rush of reactions in me that were not necessarily coherent or connected. So in no particular order….

1) About that “other planet” that several of the Justices seem to occupy: I was astonished to read, in Roberts’ DOMA dissent, words to the effect that it would be “unfair to tar Congress with the brush of bigotry” when analyzing the motives for DOMA’s original passage. Earth to Roberts–it is unnecessary to speculate about the motives for DOMA. Read the frigging legislative history. No one was hiding those motives. And they weren’t pretty.

2)  It is an axiom of genuinely conservative jurisprudence that judges should not strike down laws simply because they find those laws flawed or stupid. To put it another way, it is a central principle of constitutional review that the Court should not substitute its judgment for that of a legislative body absent a constitutional violation. Doing so is the definition of “activism.” Yet,  just the day before yesterday, Roberts and the other “conservatives” were perfectly willing to do just that–to strike down Congressional reauthorization of Section 4 of the Voting Rights Act because they didn’t agree with Congress’ analysis of the evidence about which states to include. Yesterday, presumably with straight faces, they wanted to defer to the Congressional decision to ban recognition of same-sex marriages in DOMA. There’s a Yiddish word for this sort of blatant hypocrisy: chutzpah. (I mean, shit, they could at least have waited a week before executing a jurisprudential U-turn….)

3) I see that Indiana’s embarrassing excuse for a Governor is urging the General Assembly to go forward with efforts to place a same-sex marriage ban in the state’s constitution, and Brian Bosma was quick to agree. I find two things in particular infuriating about their smarmy pronouncements: their assumption that other people’s fundamental rights should be subject to majority vote, and the absolute ignorance they display about the nature and purpose of constitutions. Who voted to recognize your marriage, Governor Pence? More to the point, it is totally inappropriate to insert extraneous provisions–be they property tax caps or rules affecting marriage–into a state constitution. It betrays a breathtaking ignorance about the very different legal functions of constitutions and statutes.

4) Speaking of ignorance, in the aftermath of the marriage decisions, we’ve been treated to hysterical rants from both Michelle Bachmann and Rand Paul. As Nancy Pelosi eloquently said when asked about Bachmann’s screed, “who cares?” Rand Paul–who actually expects his Presidential ambitions to be taken seriously–predicted that we’d soon see people marrying their dogs. Um–Rand, that “oldie but goodie” went out of fashion twenty years ago. Fortunately, the constituency that Bachmann, Rand and the Governor are pandering to is dwindling rapidly.

5) Today’s decisions were what I had expected. Marriage equality still has a way to go, and in Indiana, we still have to fight the dark side. That said, even the most conservative court in my lifetime was compelled by precedent and a huge shift in popular opinion to do the right thing. In the aftermath of today’s rulings, some 40% of the US population will live in marriage equality states. Businesses in non-equality states will have increasing difficulties recruiting talented workers, and in luring new employers. (If you were a business choosing a new location, why in the world would you pick Alabama or Mississippi? Or Indiana? You’d go where education was good, talent was available, and you could be competitive for the best workforce.)

6) What happens now? What does the legal landscape look like in the wake of these decisions?  My friend Steve Sanders has a great post at Scotusblog.

So–a good week for gay rights. Not a good week for African-American or Hispanic voters. A draw for Affirmative Action.

At least they’re going home now.

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