Category Archives: Gay Rights

 

    When I was a young girl growing up in the not-so-metropolitan town of Anderson, Indiana, the few Jewish families living in the area were acutely aware of their minority status. One of the most feared accusations Jews faced back then was that of “dual loyalty”—the suspicion that our support for the new state of Israel might be as strong or stronger than our loyalty to America and American values. 

    I hadn’t thought about dual loyalty accusations in a long time, although there were certainly echoes of it in the hostility with which Latino demonstrations over immigration reform were received. Displays of the Mexican flag, especially, seemed to engender resentment from people who proudly characterized themselves in letters to the editor and similar forums as “real Americans.”

    In my experience, Americans have historically tended to be pretty insular, even jingoist, likely to think of themselves as “real Americans” and “Americans First.” So I was really unprepared for the recent Pew Research poll showing that forty-two percent of Americans consider themselves Christian first, and American second. According to Pew, 

          “The 2006 Pew Global Attitudes Poll finds American adults are closely split between those   who see themselves as Christians first (42%) and those who see themselves as Americans first (48%); an additional 7% say they see themselves as both equally. By contrast, only a third of German Christians (33%) and fewer than a quarter of British, French and Spanish Christians self-identify primarily with their religion. In this regard, the views of Americans closely parallel those of French Muslims, 46% of whom think of themselves first in terms of their religion rather than their nationality.”

      Pew doesn’t tell us, of course, what kind of Christian these folks are, so we can take some solace from even more recently released research from Baylor University that debunks the notion that the more devout the Christian, the more conservative the politics. According to Baylor, equal numbers of political liberals and political conservatives are comitted churchgoers.Nevertheless, there is something disquieting about these numbers. My own worry is that the people most likely to respond that they are “Christian first” are also most likely to believe that their theological beliefs should trump America’s constitutional values.

Case in point: Recently, I got a call at the office from an elderly-sounding man who wanted my mailing address. He said he read my columns in the Star, and wanted to send me something. “How nice!” I said—to which he responded, “You may not think so when you get it.” He was right; he sent me a book by a self-professed Christian “psychologist” that explained why homosexuality is an immoral choice, and how gays can “choose” not to be gay. An accompanying note suggested that I share it with my misguided son. It was a good example of someone whose “Christian” values conflict rather sharply with American values of civic equality, not to mention the quintessentially American “live and let live” ethic. 

Don’t get me wrong: just as Christians in Germany who placed religious and moral teachings above the Fatherland were right, Americans absolutely must bring moral precepts—grounded for the most part in religious belief—to questions of officially condoning torture, the conduct of war and the erosion of civil liberties. “My country right or wrong” is wrong. For that matter, many of us who support gay civil rights do so because we believe our religion or morality requires it. But in these situations, most of us would not see our religious or ethical beliefs at odds with American values. Rather, we see our ethical or religious beliefs requiring us to work for an America that lives up to its own constitutional and civic values.

Maybe that’s all the Pew poll signifies. Maybe my own history as a member of a minority religion has made me too sensitive, has caused me to over-react to these numbers. But I can’t shake the feeling that these self-professed “Christian first” folks are really the fundamentalists who have done so much to divide Americans, and set us against each other. I can’t avoid the nagging suspicion that what these folks are saying is “My kind of Christian first.”

I sure hope I’m wrong.

  

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A college in Canada—Lakehead University—is running a rather audacious recruitment campaign: an internet advertisement with George W. Bush’s face and the message “Yale, Shmale. Graduating from an Ivy League university doesn’t necessarily mean you’re smart. If you agree, click here.” When you click on the link, you get a pitch for Lakehead.

Just another bit of evidence—as if evidence were needed—of the low esteem in which the current American President is held.

If his usefulness to Canadian ad men and late-night comics were the only consequences of Bush’s incompetence, that would be an embarrassing, but short-lived, problem. Unfortunately, having a chief executive who doesn’t recognize basic constitutional principles or comprehend important distinctions has created domestic and international disaster. 

Let’s just connect the dots by way of one example. Bush has constantly talked about the importance of bringing “democracy” and “freedom” to the Middle East. He clearly believes the terms are interchangable. They aren’t. Democracy is the practice of popular election; liberty, as the western world has come to understand that term, requires the rule of law. The rule of law protects our freedom to live our lives as we see fit, without government interference so long as we aren’t harming someone else. Liberty thus includes freedom of speech and religion, a right to due process and equal protection, the right to privacy, and so forth.

In the Middle East, for example, Hamas—the Palestinian terrorist organization—was democratically elected (and Hezbollah enjoys majority support in much of Lebanon). It is quite likely that Iraq, which used to be the most secular Arab state, will eventually elect a theocratic government—assuming Iraq survives its current civil war intact. In short, a country can be both “democratic” and repressive. 

Why is any of this important—or relevant—to the gay community? 

The central concern of civil liberties and the rule of law is to trump what James Madison called “the passions of the majority.” The ACLU is never called upon to defend people everyone agrees with; the First Amendment was intended to protect, as Justice Holmes once put it “the idea we hate,” not the popular, widely-accepted idea. The gay community’s ability to make progress toward acceptance and equal rights depends upon America’s commitment to liberty, not its practice of democracy. In 2004, we saw what happens when citizens get to vote on the rights of their gay neighbors. The principle that matters is equal protection of the laws, not fidelity to majority passions.

This is not to suggest that democracy is unimportant, only that it is insufficient. Majority vote unconstrained by the rule of law and respect for equal rights can be every bit as tyrranical and despotic as the rule of a dictator.

An example: when I was the Executive Director of Indiana’s ACLU, we represented the KKK in a suit against the state. The then-governor, Evan Bayh, had refused to allow a Klan rally on the steps of the Indiana Statehouse. The steps were routinely used by other groups—prochoice and prolife, major and minor political parties, all manner of issue advocacy organizations—but the Klan was (for good and obvious reasons)massively unpopular. Those of us defending the right of these despicable people to be treated like everyone else included me (Jewish), a co-operating attorney (gay), and a paralegal (African-American). We’d have been the first people killed if the Klan ever came to power.

In a very real sense, however, we weren’t representing the Klan—we were defending the rule of law. We knew that our own rights depended upon fidelity to the principle of equal protection—that if the most despised citizens don’t have rights, no one really has rights—they just have privileges that government can revoke when majority opinion makes it politically convenient to do so. 

Too bad our President doesn’t understand that.

 

 

 

 

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One reason the legal recognition of gay marriage or civil unions is so important is very prosaic: health insurance. Currently, if you are gay and don’t work for an enlightened employer, you cannot put your partner (or your partner’s children unless you have somehow established a legal relationship with them—itself not easy) on your health insurance.

 Of course, that assumes your employer even offers health insurance. And the number of employers who do is declining.

 The bottom line is that America’s refusal to deal with our dysfunctional health system in a rational way affects gays and lesbians and poor people disproportionately. It is one more example why bad public policy—and not just bad policy on obviously gay-related issues—is especially important to the gay community. (The same thing is true of the battle over “net neutrality”—if the giant telecoms get their way, the web sites that will be hurt will disproportionately be those with fewer resources, those espousing less “mainstream” opinions. There are many issues with grave consequences to the community that are not “gay” issues.)

 So what would a rational, economically and fiscally sound, humanitarian and fair health system look like? What if the country were to go to a “single payer” health insurance system funded through tax revenues and administered through selected insurance companies, as is done in western Europe?

•  Increased economic development/job creation and competitiveness with foreign companies. Businesses currently expend an amount in excess of total net profits on health insurance for employees. The cost of health insurance is the single largest “drag” on new job creation. For companies that can afford to offer health insurance, negotiating and administering those benefits, and complying with government regulations attendant to them, consumes untold hours of HR time as well. (It should be noted that doctors’ overhead would similarly decline: currently, medical offices spend considerable sums on personnel whose sole job is confirming insurance coverage, complying with insurer regulations, submitting claims and collecting amounts due.) Smaller companies—the engines of economic growth—are often unable to offer benefits, putting them at a competitive disadvantage for good employees. If health coverage was de-coupled from employment, these enterprises would be able to add workers. Employers could also increase wages by some percentage of the amount currently being paid for insurance.
• The additional tax revenues needed to accomplish this would be minimal, for the following reasons: governments at all levels already expend huge amounts for health, through Medicaid and other federally required programs (Mothers and Children, AIDS, etc.), through benefits for public employees (Universities, police, public school teachers, etc.), and through support for public hospitals. A national system could effect considerable savings, by standardizing paperwork and administrative procedures (it is estimated that 30% of U.S. healthcare costs are administrative); negotiating with insurers to administer the program on condition that the premium structure eliminate marketing costs that are now included; providing more effective public health and prevention services; and by negotiating with drug manufacturers and other medical vendors for lower prices. Cost controls would also be enhanced by eliminating the practice of cost-shifting by hospitals (where those with insurance pay prices that have been inflated in order to cover the costs that cannot be recovered from those without), and by efficiencies of scale. Costs also decline when people are able to access routine medical care soon after the onset of symptoms, rather than visiting far more expensive emergency rooms when they can no longer ignore the problem.
•  Individuals would save money. Auto and homeowners insurance premiums would decline, because the underwriting would no longer need to take the costs of medical care into account. The considerable percentage of citizens who are currently uninsured would not incur significant out-of-pocket costs attributable to illness or accident.
• If all citizens had basic health coverage, we would also experience a decline in the social costs associated with the current dysfunctional system. Over 50% of personal bankruptcies are attributable to medical bills; those bankruptcies cost businesses millions of dollars, and are a drag on the economy. Employees with pre-existing conditions would no longer be chained to jobs they dislike. Absenteeism could be expected to decline. Immunizations would increase, and infant mortality decline. Studies also suggest that violent crime rates decline as social safety nets increase. While not quantifiable, these consequences are significant.

 And gay families would no longer face barriers to adequate medical care that straight citizens don’t face.    

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A blog that I read fairly regularly calls it the “War on Fucking.” 

 

I think the blogger is on to something. As she points out, it is a mistake to look at the right-wing attacks on gays, abortion, “pornography,” “non-traditional” families and the like as separate issues; at base, what these people are against is sex, sexuality, and anything that smacks of acceptance of the role sex plays in human existence.

 

Her explanation for this war is that those waging it are people who have terrible difficulty controlling their own urges, and who assume that everyone else is having an equally difficult time controlling theirs. If there are not strict—indeed, inviolable—social controls to keep these passions in check, they are sure the result would be social chaos. (This theory may or may not be true, but it sure would help to explain all those child molesting cases involving pastors and choir directors…….). As a result, they live in a state of fear, and they cling tightly to the “eternal verities” provided by highly restrictive religious doctrines and punitive laws, which they see as the only alternative to social disintegration.

 

A glance at history will demonstrate the effect this fear has had on women and our place in society. Women were seen as uniquely and mysteriously powerful—as magical beings whose appeal could make strong men weak. Thus, the notion that “good” women might actually enjoy sex has been an especially terrifying idea. This is the real root of support for “abstinence education” rather than accurate and effective sex education, of the campaign against Plan B, the “morning after” contraceptive, and more recently (and incredibly) the opposition to inoculation against cervical cancer. In case you haven’t read about this latter controversy, medical scientists have developed a highly effective immunization against cervical cancer. But it must be given to girls before puberty. As the Washington Post recently reported:

 

“A new vaccine that protects against cervical cancer has set up a clash between health advocates who want to use the shots aggressively to prevent thousands of malignancies and social conservatives who say immunizing teenagers could encourage sexual activity.

 

Although the vaccine will not become available until next year at the earliest, activists on both sides have begun maneuvering to influence how widely the immunizations will be employed…

 

Groups working to reduce the toll of the cancer are eagerly awaiting the vaccine and want it to become part of the standard roster of shots that children, especially girls, receive just before puberty. But because the vaccine protects against a sexually transmitted virus, many conservatives oppose making it mandatory, citing fears that it could send a subtle message condoning sexual activity before marriage. Several leading groups that promote abstinence are meeting this week to formulate official policies on the vaccine.”

 

This war on sexuality and sexual desire is the larger context within which we must understand the ferocious resistance to "legitimizing" gay relationships by allowing same-sex adoptions, marriage or civil unions, even laws protecting gays against discrimination. Because of their single-minded preoccupation with sex, social conservatives do not see the other elements of human relationships; thus they equate any legal recognition of gays with an endorsement of sex—and, in their worldview, “deviant” sex to boot.

 

It must be hard to live in a world where some sex fiend is hiding behind every bush, waiting to pounce—waiting to defile “pure” women and molest small children. And when you are terrified all the time, it is really hard to be logical, let alone fair or loving.

 

I’d pity them, if the rest of us weren’t civilians in the line of fire in their War on Fucking.

 

 

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We are nearing the time of year when many communities host their annual Gay Pride events.

I remember the first time I attended such a celebration, nearly twenty years ago, as a PFlag mom. Attendance back then was dominated by the most “out” members of the community—there were “leather” guys, dykes on bikes and drag queens in abundance (not, as Seinfeld might have said, that there was anything wrong with that), but few others. More recently, a casual “drop-in” at Indianapolis’ event, at least, might not have known what the celebration was all about. These days, booths are as likely to offer real estate services or symphony tickets as AIDS information or bar locations, and the crowd is a broad and far more representative cross-section of the entire community: moms with strollers, political candidates and representatives of the Gay Chamber of Commerce now mingle with the leather boys, the PFlag moms and dads and all the others.

 

Part of the reason the crowds and booths have changed is that society has changed, and mostly for the better. Earlier Pride celebrations flew in the face of social conventions that made gay or lesbian identity a source of shame, not pride. Gay people who were closeted rarely took the chance of attending and being seen, and straight people who attended often had their stereotypes confirmed rather than dispelled. As society has become more open, and many more people have come out, these events have become larger and much more representative of the gay population as a whole. If the early events tended to be defiant—even “in your face”—occasions of the “we’re here, we’re queer, get used to it” variety, today’s are more likely to be get-togethers of a community of folks who have a lot in common. Some of what they have in common is the prejudice they experience from the wider culture, of course, but the way that bigotry is usually expressed has changed. Overt hostility and physical danger, while still a problem, have been largely replaced by efforts at political disenfranchisement and social marginalization.

 

Disenfranchisement and marginalization may seem strange causes for celebration, but they actually represent progress.

 

As a result, the upcoming Pride festivals will be paradoxical occasions for looking at how far the community has come—and how far it still has to go.  Progress has been made, but the backlash against that progress is in full swing. The community is getting “whipsawed;” every time a court decision favorable to gay civil rights is handed down, it enrages and energizes the fundamentalist Right.

 

A number of states have passed constitutional amendments banning same-sex marriage, and several more will be attempting to do so this year. There is a concerted effort to prevent gays and lesbians from adopting children. (Apparently, God would rather children languish in foster care than be raised in loving same-sex households.) Most states’ civil rights laws still do not include protection against discrimination based on sexual orientation. Republicans are facing potentially enormous losses in the 2006 elections, and will undoubtedly use anti-gay and anti-immigrant rhetoric to rally their base and get them to the polls.

 

Time is on the side of equal rights. Poll after poll confirms what I see anecdotally in my classes—young people are far less threatened by genuine equality, far more likely to have (and know they have) gay friends and relatives, and far more likely to support equal application of the laws of the land. The challenge at this point comes down to buying time—keeping the states and the federal government from passing laws that will slow the process of achieving necessary reforms, and make positive change much more difficult.

 

What the GLBT community needs most right now is divided government.

 

So—as you all head off to your local Pride fairs and parades, here’s my advice, for what it’s worth: take time to savor the progress that has been made. Have a drink, listen to the music, kibbitz with the friends you see. Buy a music CD, hire a realtor, join a health club—whatever.

 

 But don’t forget to stop at the booth where you register to vote, the one where you volunteer for a political campaign, and the one where you donate to an organization working for equal rights. You’ll be proud that you did.

 

 

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