Category Archives: Gay Rights

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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Fortunately, Most Christians Aren’t Like Micah Clark

The Boy Scouts did (half of) the right thing a couple of weeks ago, and triggered another of Micah Clark’s (tiresome and predicitble) rants.

Some of his bizarre assertions: the Indianapolis Star is “one of the largest homosexual advocacy organizations.” The Boy Scouts “decided to abandon their moral principles in favor of keeping pro-homosexual corporate donors’ money.” The Greenwood Church that withdrew from sponsorship of a cub scout pack is “one of the finest churches in the Greenwood area.” Gays make up “only 3% of the US population but are responsible for a third of all child molestations.” The Scouts’ decision is yet more evidence that “true manhood is under attack.”

Needless to say, Clark plucks his “facts” from thin air–or perhaps from the same “researchers” who broke the news that Sponge Bob Squarepants is recruiting for the armies of homosexual activists that Clark sees everywhere. (Which does lead me to wonder how a mere 3% of the population can be everywhere Clark sees them…)

I would ignore this latest roar of wounded indignation, but a friend sent it to me not an hour after I had spoken to a sizable group of Christian senior citizens about same-sex marriage. The average age of the audience was probably 80+. They all belonged to Christian denominations. All but one of them was white. (The common stereotype of such older white Christians, of course, is that they are the bulk of the nation’s culture warriors.)

Since Micah clearly believes that he speaks for all “true” Christians, this gathering must have been composed of “fake” Christians. Not only did they reject the sort of hateful homophobic characterizations and falsehoods that Micah and his ilk constantly spew, not only did they applaud the Boy Scouts’ decision, they were strongly supportive of marriage equality.

In fact, these senior-citizen Christians must be Micah’s worst nightmare.

Micah Clark and those like him can turn blue insisting that neutral reporting turns the daily newspaper into an advocacy organization. They can excoriate “liberals” like yours truly, and dismiss our positions out of hand. They can invent statistics and “facts” and insist that theirs is the proper “moral” standard. But all of that is window dressing. Their position rests, ultimately, on their conviction that they speak for the angry God of their version of Christianity.

But just as they stereotype GLBT folks, they stereotype their fellow Christians.

For every literalist, fundamentalist church that defines itself in contrast to sinful “others,” there is a Christian denomination that takes seriously the obligation to love one’s fellow-man.

For every angry, judgmental, morally-constipated “Christian” I’ve met, I can point to three or four others who see their faith as a prescription for love and understanding and who shrink from the very real transgressions of arrogance and self-righteousness.

I am neither a Christian nor a theologian, but I know the difference between people who are at peace with themselves and people who–for whatever reason–need to blame someone else for the demons that beset them.

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The Personal is Political

Back in the heady early days of the women’s movement, activists fashioned a slogan: the personal is political. It was a rejoinder to those men and women who denied the political nature of social attitudes that kept women “in our place,” social attitudes that dictated “proper” and decidedly unequal feminine behaviors and occupations.

That slogan is equally applicable to the struggle for gay rights.

When basketball player Jason Collins became the first major league athlete to come out, the news was met with a predictable chorus from the anti-gay right: Who cares? Why do these gays insist upon flaunting their personal sexual “preferences”? We don’t announce our heterosexuality—why do they insist on telling us about their homosexuality?

We know who cares–quite obviously, they do. And why is it important that GLBT people everywhere “announce” who they are? Because only by doing so—only by coming out—have gays been able to make progress toward civil equality.

Indeed, coming out has been one of the most successful political tactics in the history of civil rights struggles.

When most people didn’t know that they knew gay people, the popular images of gays were of what a friend of mine calls “the feather-boa crowd”–cross-dressers in gay bars, or limp-wristed, lisping stereotypes. (To the best of my recollection, there weren’t any stereotypes of lesbians. They were invisible.) Whatever the image, those unknown gays were “other.” Easy to demonize.

The coming out movement has changed that reality forever. When people realized that they had gay friends and relatives and co-workers, it became much harder to stereotype. Coming out was an incredibly powerful political tactic—and it worked. (It worked so well, in fact, that some atheist organizations are considering adopting it, atheists having largely replaced GLBT folks in most surveys as most distrusted and “un-American.”) Jason Collins’ coming out is part of that larger political movement.

There is another reason to applaud Collins’ revelation, however. It is impossible to separate homophobia from sexism; men (and it is almost always men) who sneer at or denigrate gay males generally do so by investing them with feminine characteristics. The terminology is telling: pansy, sissy, girly-boy. In my experience, most homophobes are also sexists who equate women with weakness and manliness with macho behavior. When a 7 foot tall, aggressive, muscular sports star comes out, it makes it difficult to cling to the theory that gay means girly.

A number of columnists and sports writers are predicting that the Collins announcement—and the generally positive reaction to it from other sports figures—will open the last remaining closet door, the door that has hidden gays playing major-league sports.

There has been amazing progress toward equality for the GLBT community over the past couple of decades. I am absolutely convinced that the primary impetus for that progress was the courage of those thousands of individual gay men and lesbians who made the personal political by insisting on living authentic lives, by coming out.

It’s easy to forget, when you are getting your news from Rachel Maddow and Anderson Cooper,or  watching a lesbian couple house-hunt on HGTV–or when you read that ENDA is being re-introduced in Congress and the Supreme Court is on the verge of striking down DOMA–how incredibly hard it was for those who went before, and how much today’s gay community owes to those who went first, who risked everything to make the personal political.

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Poor Marginalized Micah….

In his most recent newsletter –shared with me yesterday by a friend who follows pronouncements from the fringes– Micah Clark of the American Family Institute  professes amazement at the notion that there is anything newsworthy about the recent “coming out” of NBA player Jason Collins.

“When asked about this previously unknown mid-level player, I said “with 12 million Americans out of work, 48 million Americans on food stamps, and 32 million US adults functionally illiterate, an athlete announcing that he wants to have sex with other men isn’t really that newsworthy. It is all media hype.”

Collins was certainly “previously unknown” to me–I don’t follow sports. But I gather he was a bit more prominent among those who know, for example, the difference between the NBA and the NFL. Leaving aside that snide reference, however, it’s telling that Clark is suddenly so concerned with poverty and unemployment; the newsletters I’ve seen previously have given me the impression that he feels there is nothing more important than regulating the sex lives and reproductive choices of other Americans.

The rest of the diatribe, however, is typical Clark, to wit:

I also pointed out that, as a parent, I don’t appreciate hearing about the sexual behavior of athletes over the airwaves.  I didn’t like hearing constant coverage of Wilt Chamberlain’s claim to having slept with 1,000 women, and I don’t like hearing about this Collins matter at every top of the hour news break. What we should care about is how they play basketball.  I also said that we should never base our standard of what is right and wrong upon the behavior of athletes.

Hate to tell you this, Micah, but we aren’t hearing about “the sexual behavior of athletes.” We have learned something about the identity of an athlete. Most of us are able to distinguish between who someone is and what they may or may not do. (I think your obsession is showing.)

         There are some things that can be learned from Jason Collin’s stunt.  For example, Mr. Collins’ announcement was a surprise to his former fiancé, Carolyn Moos, who played in the Women’s NBA.  It was also a surprise to Jason’s twin brother, Jarron. The media may mention Ms. Moos, but they may not want to mention Jason’s identical twin too often.  Doing so may remind people that, unlike race, there is no genetic cause or “gay gene” driving homosexual behavior.  If there were, Jason’s happily married, father of three, twin brother would also be involved in homosexuality, and he’s not.

I’m not sure what the existence of an ex-fiancee is supposed to prove; we all know gays and lesbians who’ve married and raised families. Sometimes, those marriages were attempts to suppress or deny an orientation that society despised, sometimes they were “arrangements.” But the insistence that having a heterosexual twin is “proof” that there is no “gay gene” simply betrays a lack of understanding of basic genetics. Most studies of twins and homosexuality have found that if one twin is gay, the other has a 50% chance of also being gay. Fifty percent is far higher than chance, and underscores a heritable component in sexual identity. The reason incidence isn’t 100% is because there isn’t a single gene that determines sexual orientation; current science suggests that there is a complex interaction between several genetic markers and environmental factors that produces sexual orientation. Whatever the biological mechanisms, they are beyond the power of individuals to change–although there is a spectrum along which sexual orientation lies, any given individual’s sexual identity is what lawyers call an “immutable” characteristic. In plain language, it isn’t chosen.

It’s hard not to feel sorry for the Micah Clarks of the world as the culture shifts around them. The newsletter from which I’ve quoted has a forlorn tone; suddenly, those Micah has relentlessly marginalized are being welcomed into the human family, and he isn’t taking it very well. I have always assumed that the loudest homophobes are men who feel threatened or inadequate; looking down on gays allows them to feel “better than,” much as the “bubbas” who still populate the south desperately need to believe that their skin color makes them superior to at least some others. (Those guys aren’t taking the election of an African-American President very well, by the way.)

Another item in the newsletter references the upcoming National Day of Prayer, and Clark says that now more than ever, America needs those prayers. I wonder what he thinks about the Mayor of Charlotte (recently nominated to be Transportation Secretary), who has just jettisoned that tradition in favor of a  Day of Reason.

Man, these days, the theocrats just can’t catch a break.

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Born That Way

There is a relatively recent internet site called “Upworthy,” that culls videos from around the web that the site’s managers deem worthy of a wider audience (they’r “UpWorthy”) and promotes them. This morning, I saw one of them–a clip from comedian Wanda Sykes in which she explains why it is more difficult to be gay than to be black (she’s both). After all, she didn’t have to “come out” as black. I encourage you to click through and watch this 2 minute performance; Sykes is a gifted comic, and it is pretty funny.

The bit reminded me of an epiphany of sorts. When I was Director of the Indiana ACLU, I hosted a small fundraising dinner at my home for our Project for Equal Rights. We used that euphemism for Gay Rights, because it was the mid-1990s, and this is Indiana. At any rate, the guest of honor was the then-head of the ACLU’s national gay rights project, Bill Rubenstein. Something he said during that dinner  has remained with me ever since.

Gay kids have no role models.

Virtually every minority group teaches its children how to “be” what they are; Jewish parents model “Jewishness,” Hispanic parents are a bridge to the cultures from which they came, etc. But gay children are born to heterosexual parents–and most often, to parents who have no experience with gays or gay life. Each child who grows to realize that he or she is “different” has to figure out how to understand that difference, and how to live a rewarding and authentic life–without the help of a parental role model, and often despite parental rejection of that difference.

That’s a heavy burden. The least we can do as a society is not add to it.

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