Why ‘Civil Union’ Isn’t Marriage

Originally appeared in The New Republic, May 8, 2000.

PERHAPS THE CURRENT MOMENT WAS INEVITABLE. Around one-third of Americans support civil marriage for gay men and lesbians; another third are strongly opposed; the final third are sympathetic to the difficulties gay couples face but do not approve of gay marriage as such. In the last ten years or so, there has been some movement in these numbers, but not much. The conditions, in short, were ripe for a compromise: a pseudomarital institution, designed specifically for gay couples, that would include most, even all, of the rights and responsibilities of civil marriage but avoid the word itself. And last week, in a historic decision, Vermont gave it to us: a new institution called "civil union."

Understandably, many gay rights groups seem ready to declare victory. They have long been uncomfortable with the marriage battle. The platform of this weekend's Millennium March on Washington for gay rights merely refers to security for all kinds of "families." The Human Rights Campaign, the largest homosexual lobbying group, avoids the m-word in almost all its literature. They have probably listened to focus groups that included people like my mother. "That's all very well," she told me in my first discussion with her on the subject, "but can't you call it something other than `marriage?'"

The answer to that question is no. Marriage, under any interpretation of American constitutional law, is among the most basic civil rights. "Separate but equal" was a failed and pernicious policy with regard to race; it will be a failed and pernicious policy with regard to sexual orientation. The many advances of recent years--the "domestic partnership" laws passed in many cities and states, the generous package of benefits finally granted in Hawaii, the breakthrough last week in Vermont--should not be thrown out. But neither can they be accepted as a solution, as some straight liberals and gay pragmatists seem to want. In fact, these half-measures, far from undermining the case for complete equality, only sharpen it. For there are no arguments for civil union that do not apply equally to marriage. To endorse one but not the other, to concede the substance of the matter while withholding the name and form of the relationship, is to engage in an act of pure stigmatization. It risks not only perpetuating public discrimination against a group of citizens but adding to the cultural balkanization that already plagues American public life.

This essay is not intended for those who believe that homosexual love is sinful or immoral, or who hold that homosexuality is a sickness that can be cured, or who claim that homosexual relationships are inherently dysfunctional; these are not the people pushing the civil-union compromise. With at least a veneer of consistency, these groups want no recognition for gay couples at all. No, the people heralding civil unions are generally sympathetic to homosexual rights. They are the allies that the marriage cause cannot afford to lose. They acknowledge the equal humanity of their gay friends and fellow citizens. But they need to see that supporting civil union while opposing marriage is an incoherent position - based more on sentiment than on reason, more on prejudice than principle. Liberals, of all people, should resist it.

The most common liberal argument for civil union but against marriage was summed up by First Lady Hillary Rodham Clinton in January. "Marriage," she said, when pressed to take a position, "has got historic, religious, and moral content that goes back to the beginning of time, and I think a marriage is as a marriage has always been: between a man and a woman." This statement, which is more elaborate than anything said by Vice President Al Gore or Texas Governor George W. Bush on the topic, is worth examining.

It has two aspects. The first is an appeal to the moral, historical, and religious content of an institution unchanged since "the beginning of time." But even a cursory historical review reveals this to be fragile. The institution of civil marriage, like most human institutions, has undergone vast changes over the last two millennia. If marriage were the same today as it has been for 2,000 years, it would be possible to marry a twelve-year-old you had never met, to own a wife as property and dispose of her at will, or to imprison a person who married someone of a different race. And it would be impossible to get a divorce. One might equally say that New York's senators are men and have always been men. Does that mean a woman should never be a senator from New York?

Equally, an appeal to the religious content of marriage is irrelevant in this case. No one is proposing that faith communities be required to change their definitions of marriage, unless such a community, like Reform Jewry, decides to do so of its own free will. The question at hand is civil marriage and only civil marriage. In a country where church and state are separate, this is no small distinction. Many churches, for example, forbid divorce. But civil divorce is still legal. Many citizens adhere to no church at all. Should they be required to adhere to a religious teaching in order to be legally married?

So, if we accept that religion doesn't govern civil marriage and that civil marriage changes over time, we are left with a more nebulous worry. Why is this change to marriage more drastic than previous ones? This, I think, is what Clinton is getting at in her second point: "I think a marriage is as a marriage has always been: between a man and a woman." On the face of it, this is a statement of the obvious, which is why formulations of this kind have been favorites of those behind "defense of marriage" acts and initiatives across the country. But what, on further reflection, can it possibly mean? There are, I think, several possibilities.

The first is that marriage is primarily about procreation. It is an institution fundamentally designed to provide a stable environment for the rearing of children--and only a man and a woman, as a biological fact, can have their own children within such a marriage. So civil marriage is reserved for heterosexuals for a good, demonstrative reason. The only trouble with this argument is that it ignores the fact that civil marriage is granted automatically to childless couples, sterile couples, couples who marry too late in life to have children, couples who adopt other people's children, and so on. The proportion of marriages that conform to the "ideal" - two people with biological children in the home - has been declining for some time. The picture is further complicated by the fact that an increasing number of gay couples, especially women, also have children. Is there some reason a heterosexual couple without children should have the rights and responsibilities of civil marriage but a lesbian couple with biological children from both mothers should not? Not if procreation is your guide.

Indeed, if it is, shouldn't we exclude all childless couples from marriage? That, at least, would be coherent. But how would childless heterosexual couples feel about it? They would feel, perhaps, what gay couples now feel, which is that society is diminishing the importance of their relationships by consigning them to a category that seems inferior to the desired social standard. They would resist and protest. They would hardly be satisfied with a new legal relationship called civil union.

Another interpretation of Hillary Clinton's comment is that real marriage must involve the unique experience of a man attempting to relate to a woman and vice versa. Some theologians have even argued that a heterosexual relationship is a unique opportunity for personal growth, because understanding a person of the opposite sex is more daunting and enriching than understanding a person of the same sex. So opposite-sex marriage builds character and empathy in a way same-sex marriage does not and therefore deserves greater social encouragement. Opposite-sex marriage fosters the virtues - communication, empathy, tolerance - necessary in a liberal democracy.

Leave aside the odd idea that heterosexual relationships are more difficult than gay ones. The problem with the character-building argument is that today's marriage law is utterly uninterested in character. There are no legal requirements that a married couple learn from each other, grow together spiritually, or even live together. A random woman can marry a multimillionaire on a Fox TV special and the law will accord that marriage no less validity than a lifelong commitment between Billy Graham and his wife. The courts have upheld an absolutely unrestricted right to marry for deadbeat dads, men with countless divorces behind them, prisoners on death row, even the insane. In all this, we make a distinction between what religious and moral tradition expect of marriage and what civil authorities require to sanction it under law. It may well be that some religious traditions want to preserve marriage for heterosexuals in order to encourage uniquely heterosexual virtues. And they may have good reason to do so. But civil law asks only four questions before handing out a marriage license: Are you an adult; are you already married; are you related to the person you intend to marry; and are you straight? It's that last question that rankles. When civil law already permits the delinquent, the divorced, the imprisoned, the sterile, and the insane to marry, it seems - how should I put this? - revealing that it draws the line at homosexuals.

Indeed, there is no moral reason to support civil unions and not same-sex marriage unless you believe that admitting homosexuals would weaken a vital civil institution. This was the underlying argument for the Defense of Marriage Act (DOMA), which implied that allowing homosexuals to marry constituted an "attack" on the existing institution. Both Gore and Bush take this position. Both Bill and Hillary Clinton have endorsed it. In fact, it is by far the most popular line of argument in the debate. But how, exactly, does the freedom of a gay couple to marry weaken a straight couple's commitment to the same institution? The obvious answer is that since homosexuals are inherently depraved and immoral, allowing them to marry would inevitably spoil, even defame, the institution of marriage. It would wreck the marital neighborhood, so to speak, and fewer people would want to live there. Part of the attraction of marriage for some heterosexual males, the argument goes, is that it confers status. One of the ways it does this is by distinguishing such males from despised homosexuals. If you remove that social status, you further weaken an already beleaguered institution.

This argument is rarely made explicitly, but I think it exists in the minds of many who supported the DOMA. One wonders, for example, what Bill Clinton or Newt Gingrich, both conducting or about to conduct extramarital affairs at the time, thought they were achieving by passing the DOMA. But, whatever its rationalization, this particular argument can only be described as an expression of pure animus. To base the prestige of marriage not on its virtues, responsibilities, and joys but on the fact that it keeps gays out is to engage in the crudest demagoguery. As a political matter, to secure the rights of a majority by eviscerating the rights of a minority is the opposite of what a liberal democracy is supposed to be about. It certainly should be inimical to anyone with even a vaguely liberal temperament.

Others argue that they base their opposition to gay marriage not on mere prejudice but on reality. Gay men, they argue, are simply incapable of the commitment, monogamy, and responsibility of heterosexuals. They should therefore be excluded as a group from an institution that rests on those virtues. They suspect that if gay marriage were legal, homosexuals would create a new standard of adultery, philandery, and infidelity that would lower the standards for the population as a whole. But, again, this is to set a bar for homosexual marriage that doesn't exist for any other group. The law as it now stands makes no judgments about the capacity of those seeking a marriage license to fulfill its obligations. Perhaps if it did the divorce rate would be lower. But it doesn't, and in a free society it shouldn't. The law understands that different people will have different levels of achievement in marriage. Many will experience divorce; some marriages may not last a week, while others may last a lifetime; still other couples might construct all sorts of personal arrangements to keep their marriages going. But the right to marry does not take any of this into account, and failing marriages and successful marriages are identical in the eyes of the law. Why should this sensible and humane approach work for everyone but homosexuals?

Or look at it this way. Even if you concede that gay men - being men - are, in the aggregate, less likely to live up to the standards of monogamy and commitment that marriage demands, this still suggests a further question: Are they less likely than, say, an insane person? A straight man with multiple divorces behind him? A murderer on death row? A president of the United States? The truth is, these judgments simply cannot be fairly made against a whole group of people. We do not look at, say, the higher divorce and illegitimacy rates among African Americans and conclude that they should have the right to marry taken away from them. In fact, we conclude the opposite: It's precisely because of the high divorce and illegitimacy rates that the institution of marriage is so critical for black America. So why is that argument not applied to homosexuals?

This, however, is to concede for the sake of argument something I do not in fact concede. The truth is that there is little evidence that same-sex marriages will be less successful than straight marriages. Because marriage will be a new experience for most gay people, one they have struggled for decades to achieve, its privileges will not be taken for granted. My own bet is that gay marriages may well turn out to be more responsible, serious, and committed than straight ones. Many gay men may not, in practice, want to marry. But those who do will be making a statement in a way no heterosexual couple now can. They will be pioneers. And pioneers are rarely disrespectful of the land they newly occupy. In Denmark, in the decade since Vermont-style partnerships have been legal, gays have had a lower divorce rate than straights. And that does not even take into account the fact that a significant proportion of same-sex marriages in America will likely be between women. If gay men, being men, are less likely to live up to the monogamy of marriage, then gay women, being women, are more likely to be faithful than heterosexual couples. Far from wrecking the neighborhood, gay men and women may help fix it up.

There remains the more genuine worry that marriage is such a critical institution that we should tamper with it in any way only with extreme reluctance. This admirable concern seems to me easily the strongest argument against equal marriage rights. But it is a canard that gay men and women are unconcerned about the stability of heterosexual marriage. Most homosexuals were born into such relationships; we know and cherish them. It's precisely because these marriages are the context of most gay lives that homosexuals seek to be a part of them. But the inclusion of gay people is, in fact, a comparatively small change. It will affect no existing heterosexual marriage. It will mean no necessary change in religious teaching. If you calculate that gay men and women amount to about three percent of the population, it's likely they will make up perhaps one or two percent of all future civil marriages. The actual impact will be tiny. Compare it to, say, the establishment in this century of legal divorce. That change potentially affected not one percent but 100 percent of marriages and today transforms one marriage out of two. If any legal change truly represented the "end of marriage," it was forged in Nevada, not Vermont.

But if civil union gives homosexuals everything marriage grants heterosexuals, why the fuss? First, because such an arrangement once again legally divides Americans with regard to our central social institution. Like the miscegenation laws, civil union essentially creates a two-tiered system, with one marriage model clearly superior to the other. The benefits may be the same, as they were for black couples, but the segregation is just as profound. One of the greatest merits of contemporary civil marriage as an institution is its civic simplicity. Whatever race you are, whatever religion, whatever your politics or class or profession, marriage is marriage is marriage. It affirms a civil equality that emanates outward into the rest of our society. To carve within it a new, segregated partition is to make the same mistake we made with miscegenation. It is to balkanize one of the most important unifying institutions we still have. It is an illiberal impulse in theory and in practice, and liberals should oppose it.

And, second, because marriage is not merely an accumulation of benefits. It is a fundamental mark of citizenship. In its rulings, the Supreme Court has found that the right to marry is vested not merely in the Bill of Rights but in the Declaration of Independence itself. In the Court's view, expressed by Chief Justice Earl Warren in Loving v. Virginia in 1967, "the freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." It is one of the most fundamental rights accorded under the Constitution. Hannah Arendt put it best in her evisceration of miscegenation laws in 1959: "The right to marry whoever one wishes is an elementary human right compared to which `the right to attend an integrated school, the right to sit where one pleases on a bus, the right to go into any hotel or recreation area or place of amusement, regardless of one's skin or color or race' are minor indeed. Even political rights, like the right to vote, and nearly all other rights enumerated in the Constitution, are secondary to the inalienable human rights to `life, liberty and the pursuit of happiness' ... and to this category the right to home and marriage unquestionably belongs."

Prior even to the right to vote! You can see Arendt's point. Would any heterosexual in America believe he had a right to pursue happiness if he could not marry the person he loved? What would be more objectionable to most people - to be denied a vote in next November's presidential election or to no longer have legal custody over their child or legal attachment to their wife or husband? Not a close call.

In some ways, I think it's because this right is so taken for granted that it still does not compute for some heterosexuals that gay people don't have it. I have been invited to my fair share of weddings. At no point, I think, has it dawned on any of the participants that I was being invited to a ceremony from which I was legally excluded. I have heard no apologies, no excuses, no reassurances that the couple marrying would support my own marriage or my legal right to it. Friends mention their marriages with ease and pleasure without it even occurring to them that they are flaunting a privilege constructed specifically to stigmatize the person they are talking to. They are not bad people; they are not homophobes. Like whites inviting token black guests to functions at all-white country clubs, they think they are extending you an invitation when they are actually demonstrating your exclusion. They just don't get it. And some, of course, never will.

There's one more thing. When an extremely basic civil right is involved, it seems to me the burden of proof should lie with those who seek to deny it to a small minority of citizens, not with those who seek to extend it. So far, the opposite has been the case. Those of us who have argued for this basic equality have been asked to prove a million negatives: that the world will not end, that marriage will not collapse, that this reform will not lead to polygamy and incest and bestiality and the fall of Rome. Those who wish to deny it, on the other hand, have been required to utter nothing more substantive than Hillary Clinton's terse, incoherent dismissal. Gore, for example, has still not articulated a persuasive reason for his opposition to gay marriage, beyond a one-sentence affirmation of his own privilege. But surely if civil marriage involves no substantive requirement that adult gay men and women cannot fulfill, if gay love truly is as valid as straight love, and if civil marriage is a deeper constitutional right than the right to vote, then the continued exclusion of gay citizens from civil marriage is a constitutional and political enormity. It is those who defend the status quo who should be required to prove their case beyond even the slightest doubt.

They won't have to, of course. The media will congratulate George W. Bush merely for conceding that the gay people supporting his campaign are human beings. Gore will be told by his pollsters that supporting the most basic civil right for homosexuals would be political suicide, and he will surely defer to them. That is politics, and I have learned to expect nothing more from either candidate. But the principle of the matter is another issue. To concede that gay adults are responsible citizens, to concede that there will be no tangible damage to the institution of marriage by their inclusion within it, and then to offer gay men and women a second-class institution called civil union makes no sense. It's a well-meaning surrender to unfounded fear. Liberals of any stripe should see this. The matter is ultimately simple enough. Gay men and women are citizens of this country. After two centuries of invisibility and persecution, they deserve to be recognized as such.

Longing: Remembering Allan Bloom

Originally published in The New Republic, April 17, 2000

"HE WAS IMPATIENT with hygiene," Saul Bellow says of his protagonist, Abe Ravelstein. "There was no counting the cigarettes he lit in a day. Most of them he forgot or broke. ... But to prolong his life was not one of Ravelstein's aims. Risk, limit, death's blackout were present in every living moment." This tall, big-handed, almost perfectly bald man - flamboyantly erudite, instinctually elitist, viscerally Jewish - strides and then falters in Bellow's new novel, Ravelstein. He dies of AIDS, another corpse in a plague his political allies largely ignored or belittled. But victimology never tempted him. He almost seemed to embrace the role of outsider, to burnish it and touch it at regular intervals, like a talisman. He had what Bellow describes as "powerful unforgiving enemies" in the academic world and beyond. But "he didn't care a damn about any of them."

I believe it. In fact, I believe most of what's in this book. A roman ? clef, Ravelstein doesn't require a very intricate clef to figure out. It's a rumination on Allan Bloom, the late professor of philosophy and conservative eminence. It is written by a friend and imbued with the honest distance that true friendship uniquely confers.

And, although it is not a book about ideas, it is about a man who lived through ideas, even if he also longed to live beyond them. I still remember reading Bloom's The Closing of the American Mind as a graduate student in political philosophy. I remember its crude but irresistible critique of modern culture and its breakneck tour through Western philosophy in 150-odd pages. With chapters like "From Socrates' Apology to Heidegger's Rektoratsrede," it was priceless preparation for my general exams, if a little abstruse for the legions who bought and never read it.

But, with the publication of Ravelstein, we are presented with two facts that Bloom kept to himself and his friends. Bloom was gay, and he died of AIDS. The salience of these facts is strengthened, not weakened, by Bloom's public silence about them. He knew they mattered. Of all people, he knew the centrality of the things about which we remain silent. So it bears repeating: One of the most influential conservative intellectuals of the last 50 years was gay and died of AIDS. For all our justified concern about privacy and a person's right to rise above his sexual or ethnic identity, we also know this matters. How could it not?

It matters not simply because so many of Bloom's defenders endorse a politics brutally dismissive of homosexual dignity. It matters because this knowledge helps us understand the work Bloom left behind. The core of Bloom's teaching was his insistence on the importance of eros. This "longing" was, for Bloom - following Plato - the essence of philosophy and, in some ways, the essence of living. Retaining the purity of that longing was his life's work. The reason he disliked the modern cult of easy sex was not because he scorned or feared the erotic life but because he revered it. He saw sexual longing as supremely expressed in individual love, and he wanted his students to experience both to the fullest. The writers he investigated most deeply - Rousseau and Plato - were philosophers of eros. "It's very important," Bellow writes, "to understand that he [Ravelstein] was not one of those people for whom love has been debunked and punctured - for whom it is a historical, Romantic myth long in dying but today finally dead. He thought - no, he saw - that every soul was looking for its peculiar other, longing for its complement. ... Love is the highest function of our species - its vocation. ... He never forgot this conviction. It figures in all his judgments."

This love was not a Christian love. Bloom was an atheist and a Jew. There are times, reading him, when one feels he has not merely understood Nietzsche; he has imbibed him. But this awareness of the abyss moved Bloom, unlike Nietzsche, toward love and political conservatism. Love, whether for the truth or for another, because it can raise us out of the abyss. Political conservatism because it best restrains the chaos that modernity threatens. And here Bellow reveals something absent from Bloom's public writing. He was deeply aware of the darkness of modern enlightenment, of the countless monsters from the heart of Goethe's and Nietzsche's civilization who hanged Jews alive - "the meat-hook people," as he describes them in the book. He kept track of them. He knew who they were. And his sober, unillusioned politics was framed to foil them.

Is it too much to think that Bloom's appreciation of love cannot also be extricated from his own experience? If there is a sense of true love's promise in Bloom's work, there is also a deep, deep sense of its difficulty. The book tells us matter-of-factly of Ravelstein's husband. "Nobody questioned the strength of Nikki's attachment to Abe," Bellow writes. "Nikki was perfectly direct - direct, by nature, a handsome, smooth-skinned, black-haired, Oriental, graceful boyish man." Bellow doesn't tell us much about the substance of this relationship. It is relegated in the book - as in our culture - to the shadows, where it nevertheless stands with clarity. It is Nikki who rushes to Ravelstein's bedside, Nikki who is "Ravelstein's heir and his chief mourner." Is it Nikki who appears in the dedication of Bloom's last, and finest, book, Love and Friendship: "To Michael Z. Wu"?

Perhaps Bloom's finest achievement was to write about human love from the perspective of homosexual love and have no one notice the seam. You cannot read him on Romeo and Juliet or Antony and Cleopatra without seeing those works in a new light. You cannot read his account of Rousseau's La nouvelle Heloise without wanting to go back and read it - more closely - again. Bellow tells us how fascinated Bloom was by others' loves, their mishaps and misunderstandings. It is because he knew so well the deep, natural distinctions between men and women that his literary criticism is so sharp and his advice, according to Bellow, so good. Here is a homosexual who not only appreciates the heterosexual experience but marvels at it.

There will be those, of course, who see in this either hypocrisy or shame. They are wrong. I am unaware of any disparagement of homosexual love in Bloom's writing, although he was rightly revolted by much of what passes today for gay "culture." And he seems at ease with his sexuality in Bellow's book. Nikki is not hidden. Abe regales Bellow with every detail of his sexual escapades. In some ways, I think, Bloom's homosexuality may even have reinforced his conservatism. It helped inform him of the power of love and the lure of danger and the wisdom of a civilization that keeps both in some restraint. The resilience of sexual orientation is also, for many homosexuals, a testament to the awesome power of nature, of what simply is. In Bellow's words, Bloom had "a gift for reading reality - the impulse to put your loving face to it and press your hands against it." Part of that reality was Bloom's need for and witness to the love of one man for another. One day, there will be a conservatism civilized enough to deserve him.

Afterlife

Originally appeared in "TRB From Washington," The New Republic, Nov. 22, 1999.

WHY DOES MATTHEW SHEPARD still figure so prominently in the national psyche? More than a year after his murder, the interest has not subsided. The trials of his killers have received hefty media attention; his name is ritually invoked in the debate over hate-crime laws; long articles have appeared in publications as diverse as Harper's and Vanity Fair. He's made the cover of Time. Gay rights groups have been particularly intent on making Shepard a symbol of homosexuality in our time, sending out countless direct-mail pitches featuring him (my mailbox is full of them) and using his story in multiple press releases and TV ads. Last month, the largest gay rights group, the Human Rights Campaign (HRC), raised more than half a million dollars at a gala black-tie dinner in his honor. His parents made distraught appeals for HRC's legislative agenda from the podium.

If the Shepard case proved the need for hate-crime laws, this emphasis might make sense. But the case is a somewhat spectacular example of their superfluity. Shepard's murderers were swiftly caught and brought to justice without any such laws. The first is behind bars for life. The second, denied a "gay panic" defense, may get the death penalty. Even advocates of hate-crime legislation concede this point. They know that such laws would primarily affect much less grave misdemeanors.

Similarly, if Shepard's fate proved the ubiquity of anti-gay murders, then his elevation to totemic status might also make sense. But, again, the evidence shows that Shepard is representative of very few gay Americans. According to the FBI, in 1997, the year before Shepard was killed, a total of three hate-crime murders of homosexuals were recorded in the entire United States. This number is not a fiction. Murders are the least underreported of crimes, because bodies have to be accounted for, and the FBI's number is the total reported by some 10,000 reporting agencies across the country. But let's assume that the FBI understates gay hate-crime murders by a factor of five. That makes 15 anti-gay murders a year. Further assume that around five percent of the population is gay. That means that the chance of a gay American meeting the same fate as Matthew Shepard is about one in a million. Or about the same as being hit by a railroad train.

No, the resilience of the Shepard case is about political and cultural symbolism. It is about the need for a victim so blameless and a crime so heinous that a story about the relationship between gay Americans and straight Americans can be told in which there are no complexities and no doubts. So Shepard becomes a martyr, even though, unlike martyrs, he did not choose to die. Shepard is "crucified," even though, in reality, he was tied to a post, his body and head slumped on the ground. After a while, as in the case of the religious right's Columbine "martyr," Cassie Bernall, the facts cease to matter. What matters is the message. And the message is that homosexuals are innocent victims and heterosexuals are either saviors or menaces. You are either enlightened or a bigot � on the side of the victims or on the side of the murderers.

The political use of Shepard began early. Just after his death, there were appropriate outpourings of grief and shock. But then the organized memorials became political rallies in which any opposition to various legislative initiatives was deemed equivalent to complicity in Shepard's murder. The result was a kind of political blackmail--and it continues to this day. Any qualms, for example, about hate-crime laws, and you are deemed a heartless hater. When the Hate Crimes Prevention Act failed in a House-Senate conference last month, HRC's executive director, Elizabeth Birch, declared that the decision "showed a callous disregard for hate-crime victims and their families." As simple as that. Are you a bad person or a good one?

The marketing of Shepard is also a damaging symbolic statement about who gay men still are in this culture. Other recently murdered homosexuals have not achieved anywhere near the same level of attention. Billy Jack Gaither was killed shortly after Shepard, in Alabama, by two men who bludgeoned him to death and then burned his body on a stack of rubber tires. Unlike Shepard, Gaither had reason to trust his attackers - one of them was a drinking buddy. But, unlike Shepard, Gaither is barely remembered. Or take Private Barry Winchell, a gay soldier stationed in Kentucky, murdered at the same age as Shepard. In a barracks fight, Winchell had bested a soldier who gay-baited him. In retaliation, the straight soldier and a gang of other soldiers allegedly dragged Winchell from his bed and beat him to death with a baseball bat. This crime was committed by U.S. soldiers against someone serving his country and supposedly under the protection of the government. The military is still investigating, but a court-martial of the suspected murderer has been scheduled. Barely heard of the incident? It occurred four months ago, but it has none of Shepard's staying power.

The reason, I suspect, is that Shepard's image serves certain political purposes. Winchell and Gaither were clearly men, not boys. One was a soldier; the other was a middle-aged, burly, working-class figure with only average looks. They weren't upper-middle-class; they weren't well-educated; they weren't waifs. They provoke far more mixed reactions. They threaten the weak, effeminate stereotypes of gay men that the victimologists require and that many heterosexuals are more comfortable with. They were more prudent than Shepard was. Confronted with violence, they were more likely to fight, as Winchell did, than to retreat. They suggest a gay world that is strong and grown-up and mainstream--exactly the kind of world that has no need for pity. They suggest the kind of homosexual world that needs protection from crime - as we all do - but has no need for special sympathy or treatment; a world in which a man might want to serve his country or marry another man, but in which the desire for special state protection is less pressing than the desire to be left alone.

Such a world does not exist in the iconography of Shepard or the politics he has inspired. The way he is discussed suggests a child rather than an adult. The name of his memorial website, www.matthewsplace.com, summons up the idea of a child's safe space. The website depicts him crouched sparrow-like on a waterfall, gazing cherubically into the distance while music plays. The point of this iconography is to divest Shepard of any maturity, any manhood, any adult sexuality - for that matter, any true humanity. It is literally to infantilize him, to turn him into a symbol that is at once pitiful and utterly unthreatening to the stereotypes that still burden most homosexual men, stereotypes that continue to weaken our self-confidence and self-respect.

There was a time when African American men were also routinely referred to as "boys," but I don't think civil rights groups ever emphasized this image in order to gain equality. They realized instead that it was only when black Americans stopped being viewed as children that equality was conceivable. The marketing of Matthew Shepard in death is nowhere near as horrifying as what was done to him in life. But that doesn't make it any more palatable. Or any less detrimental to the cause of homosexual equality as a whole.

They’ve Changed, So They Say

Originally appeared July 26, 1998, in the New York Times.

WHO'S AFRAID of former homosexuals?

At first blush, of course, it's easy to see why the recent newspaper advertisements promoting the "truth" about homosexuality - that it can allegedly be changed - might provoke a strong response from homosexuals and their allies.

The advertisements, sponsored by 15 religious-right organizations, featured Anne Paulk, a self-described "wife, mother, former lesbian," and were intended to advance the idea that homosexuality is a free and sinful "choice" and therefore unworthy of civil rights protections. This idea is marshaled by fundamentalists who, sadly, see nothing uncivil about describing another group of functioning, productive citizens as "diseased."

The campaign is clearly a desperate gambit to change the terms of the debate about homosexuality, a debate the religious right has been steadily, inexorably losing for two decades. The leaders of the far right realize that unless they can redefine homosexuality as a pathological illness, it is only a matter of time before the logic of civil rights protections embraces a group of people they find threatening.

But in its desperation, the right may well have overreached. A closer examination of "reparative therapy," the psychoanalytic treatment that allegedly turns homosexuals into heterosexuals, reveals it to be far less threatening to the argument for gay equality than first meets the eye. Indeed, in some ways, the arguments and ideas behind reparative therapy paradoxically strengthen, rather than weaken, the case for gay rights.

Take the notion of a "cure." Even the reparative therapists themselves believe it to be extremely difficult in most cases, requiring therapy five times a week often for years. They claim a "success" rate of about 30 percent, but their patient population is skewed to those most willing and desperate to make a change. A more realistic figure of a conversion rate for a representative population of gay men would be far lower.

As Freud himself argued, "In general, to undertake to convert a fully developed homosexual into a heterosexual is not much more promising than to do the reverse."

Freud was also ahead of the game in distinguishing between a psychoanalytic "conversion" and what most people think of as a cure.

He once wrote to a mother who was seeking his help to change her gay son: "In a general way, we cannot promise to achieve it."

Or, in the words of a contemporary reparative therapist, Steven Richfield, the most realistic goal of such therapy is "a satisfying heterosexual adaptation which is not jeopardized by the periodic intrusion of homosexual fantasies."

One of his patients puts it in more human terms: "I've come to accept that there is a part of me that I may never be able to get rid of. But maybe I can learn to live with it."

Then there's the notion that homosexuals "choose" their sexuality.

If the literature of reparative therapy teaches anything, it is how deep homosexuality runs in a person's identity, and how enormously difficult it is to alter. Most reparative therapists think sexual orientation is fixed in early development before the age of 18 months or, at the latest, three years.

The most prominent psychotherapist in the field, Charles Socarides (whose own son is gay), specifically denies that homosexuality is a choice. What he and other reparative therapists argue, in fact, is something very advantageous to the argument for gay equality: Even if homosexuality is not genetic but environmental, it is still involuntary.

In other words, homosexuals have as much choice over their sexual orientation as they do over their race or sex.

Of course, reparative therapists would be appalled at the comparison of sexual orientation with gender or race. For them, homosexuality, while unchosen and deeply ingrained, is still a pathology or psychological disorder.

But this part of their argument is increasingly unpersuasive. As more and more gay men and women live and work openly in our society, the clearer it becomes that they are not demons, disease-carriers or psychopaths. We have our problems - gay men in particular - but the problems are recognizably human problems: of love, commitment, sexuality and intimacy.

Moreover, the contribution gay people make and have always made to society and civilization is hardly the mark of psychological dysfunction. I wonder whether Trent Lott, who recently compared homosexuals to compulsive thieves, has ever read Whitman or Proust or Auden. Or listened to the music of Copland, Tchaikovsky or Britten. If he does, does he think: kleptomaniacs?

There is, however, one final glimpse of hope in the rhetoric of the religious right in this matter. In its advertisements, the right admirably insists that "ex-gays" be allowed a forum, and to be free from abuse, derision or condescension.

I couldn't agree more. The kind of struggle that these people have had in their lives is a struggle that just about every gay person recognizes. It is the struggle to become who you are. If someone genuinely feels he cannot live with himself as a gay man and decides to submit to grueling therapy and join a particular sect of American Protestantism to be able to live a heterosexual life, then who am I to stand in his way? These conflicts are so deep, these choices so personal, that only the individual can resolve them.

But by the same token, doesn't the "ex-gay" owe the same tolerance to me? Shouldn't this struggle be deemed beyond the reach of politics and coercion? If one owes it to an ex-gay not to cast aspersions on her sincerity and mental health, should one not also owe it to a lesbian?

I would not, moreover, deny someone her civil rights because she resolved this issue in a heterosexual way. I wouldn't deny her the right to marry the person she loves, nor would I deem her beneath the civic responsibility to defend her country in the military. On what principled, nonsectarian grounds, then, would she plausibly deny those same civil rights to me?

In a strange but beautiful way, then, the religious right may have finally stumbled onto the true moral ground. The more you think about it, the rights of former homosexuals are truly indistinguishable from the rights of gay men and women. Those rights include the pursuit of happiness as one sees fit, and equal protection of the laws in a republic where no single religion is privileged.

So let the leaders of the religious right continue their battle for self-determination. But let them apply that principle universally. They will discover that they have joined the gay rights movement after all.

False Bennett: Gay-Bashing by the Numbers

First appeared in the New Republic January 5 and 12, 1998.

WASHINGTON IS THE CAPITAL of awkward alliances, but few are more revealing than Bill Bennett's recent espousal of the work of one Paul Cameron. In an appearance on ABC's "This Week," and then in the pages of The Weekly Standard, Bennett has openly declared that research shows that the average life span for a male homosexual in America is 43 years. In the Standard, Bennett was so thrilled and shocked by this discovery that he repeated it in italics: "Forty-three."

The source for this information, as Bennett subsequently revealed, is a researcher named Paul Cameron. Loyal TNR readers will fondly remember this curious character. (See "Queer Science," by Mark Pietrzyk, The New Republic, October 3, 1994.) As Pietrzyk reported, Cameron was expelled by the American Psychological Association in 1983 for misrepresenting the findings of others and engaging in dubious research techniques. Among Cameron's "findings" are that 52 percent of male heterosexuals have shoplifted and that twelve percent have either attempted or committed murder.

Over the years he has also argued that gay men are responsible for up to one half of all child abuse cases (despite making up maybe two percent of the population), that they are ten to 20 times more likely to molest children than heterosexuals, and that fully half of all sex murderers are homosexuals. One of Cameron's "studies" included 41 gay men out of a total sample of 4,340 adults. Another was based on interviews with 34 serial killers. One of his "pamphlets" is illustrated by a photograph of an adult male arm dragging a small boy into a public restroom. This is what the former secretary of education thinks is social science.

Bennett's favorite Cameron statistic -- the average life span of 43 for all gay men -- is based on obituaries from gay newspapers during the height of the AIDS epidemic. Useful for some things, that plague! But even then, the statistic is misleading. As any student of these papers knows, the obit sections -- which scarcely existed before AIDS -- are primarily ways to commemorate openly gay people who have died early deaths. (An indication of this is that the same study found that the average age of gay men who died of causes other than AIDS was 42.) These neighborhood papers -- with very limited pages -- in no way attempt to record all homosexual deaths, and rarely do so. In fact, there's no database, in a still closeted world, that could. The statistic, in other words, is based on a skewed sample of a subset of homosexuals in a grotesquely atypical period. It's about as reliable as basing a statistical survey of death rates in the general population from people admitted to emergency rooms.

But this, in some respects, is hardly revealing. There have always been hate-filled cranks out there. What's revealing is that Bennett clearly couldn't care less about the source of his data. It's a great sound bite, the kind of thing that sticks in the mind, something that, even when it's exposed, carries a useful political punch. In the letters section of the Standard, Bennett cites not only Cameron for his early death point, but another man, this time with a medical degree: Jeffrey Satinover. Satinover has argued in print that all gay men are pathological and compulsive; that the most effective policy for them is a fundamentalist religious conversion; and that the Renaissance "could have just as easily been called 'The Great Death,'" since it killed off the anti-pagan hegemony of "Judeo-Christianity" in favor of modern science.

I have no idea whether Bill Bennett regrets the Renaissance, but there is little doubt about his facile use of "facts." Just as typical was Bennett's casual reference on "This Week" to "the great continuing interest of the homosexual male community into [sic] recruiting children into its ranks." Note the generalization. Bennett blithely accuses a whole group of people of wanting to commit the most heinous crime against innocents, with no evidence whatsoever. It was the device once used by anti-Semites. Why should it not now be used by a leading conservative intellectual? And among his "plain evidence" for this in the Standard were remarks by gay leaders condemning pedophilia! Go figure.

No, what's truly revealing is what he infers from his recitation of a gay male life span of 43 years. Does he argue that this shocking "statistic" makes it more essential for gay men to practice safe sex? No: Bennett seems uninterested in that debate insofar as it pertains to gay men (and he has opposed safe-sex education for gay teens). Does he argue that gay men should be monogamous to cut down HIV transmission? Well, not if it means implementing any measures to foster gay monogamy, such as the right to marry or even domestic partnership. Does he argue that the social costs of AIDS make it even more vital to finance HIV research? Funny, Bennett hasn't exactly made a cause of that.

No, the only use Bennett makes of this statistic is that it helps prove that homosexuality is bad and should therefore be discouraged, or, rather that, "if you're a homosexual male in this country, it takes 30 years off your life." And what does he mean by this formulation? Does he believe that gay men choose their orientation and therefore need to be encouraged to make a heterosexual choice? No, he doesn't. On "This Week," he said: "I think the best state-of-the-art science right now is the belief that some people are hard-wired this way." His argument, rather, is that if we don't continue to marginalize homosexuals, then a few "wavering" bisexual men might be tempted to "choose" homosexuality and therefore be more likely to die off at the tender age of "forty-three." Or, in his words: "Some people make the choice, and there are a lot of people in the middle. If there are a lot of people in the middle, if there are a lot of waverers, we should be sending signals ... of what society needs to prefer. And it needs to prefer heterosexuality."

So let's get this straight (so to speak). What Bennett is really saying is that one group of citizens should be publicly stigmatized, denied the right to marry, legally fired at will from their jobs, expelled from the military despite exemplary service, and thrown to the dogs of an epidemic without any social incentives to help rescue them, merely pour decourager les autres. Has Bennett thought for a moment, I wonder, about the morality of this little piece of social engineering? Has his conscience even twitched a little at the thought of using some people's lives (and with AIDS, this is not a metaphor) to adjust the social signals sent to others? One is led to wonder, in fact, if Bennett isn't actually in favor of gay promiscuity, because it's a far more useful didactic tool for him than the discomfiting vision of stable, responsible, homosexual couples.

Imagine if Bennett had made the same argument about African Americans. In that case, there are, in fact, reliable statistics that show that the life span for blacks is significantly lower than that of whites. Imagine if Bennett got on television and declared this to be a scandal, but subsequently opposed any measures to alleviate it. Imagine, indeed, if he used that statistic to defend the right of someone not to hire a black person because one could reasonably infer that a black person would be more likely to get sick. Imagine, in the most apposite case, if he declared that, because of this statistic, black people should not be allowed to marry whites because they would import into white society patterns of life-threatening behavior which need to be discouraged.

Well, the truth is: you can't imagine. Because all of those statements would be regarded as prima facie evidence of racism, and Bennett would instantly lose any credibility he once had. But with gay men and women, such statements are regarded as completely banal, and Bennett actually gains points among some conservatives for voicing them. He will argue -- with a straight face -- that he is not against civil rights for homosexuals, he just wants to tell them what is good for them. He believes, as he wrote in the Standard, that gay men and lesbians are entitled to rights "owed all Americans as Americans."

But that does not, apparently, include the right to serve one's country, a right granted to African Americans as a symbolic mark of their citizenship during the Revolutionary War and to heterosexual women and blacks equally this century. And it does not include the right not to be fired from one's job merely because one is gay, regardless of one's abilities. And it does not include the right not to be imprisoned because of private, consensual sex. And it does not include the right of mothers to the custody of their own children. And it does not include the right to visit a spouse of many years who is dying in an intensive care room. And it does not, critically, include the right to marry, a right declared by our Supreme Court to be one of the "basic civil rights of man," vested, again according to the Court, in the Declaration of Independence, prior to the Bill of Rights, and more fundamental even than the right to vote, a right guaranteed to murderers and prisoners and rapists and deadbeat dads and noncitizens, but not to gay and lesbian Americans for something that even Bennett concedes is "hard-wired" into their identity.

"Rights owed all Americans as Americans"? The truth is, Bennett, consciously or unconsciously, believes the word "Americans" does not include gay men and women. It's clarifying to hear him say it.

He will also argue that he is not demonizing people, he is demonizing behavior. But if he means by that behavior promiscuity, does he not have a moral and intellectual obligation to propose something to tackle it? Would he think, for example, that mere lecturing would be enough for heterosexual men if they too had no right to marry their loved one? What, I wonder, would he think would happen among straights if marriage didn't exist, if, indeed, domestic partnership didn't exist, if their relationships were accorded no public recognition and acknowledgment, their children no legal rights to their parents, their commitment to each other no moral or social support? From Bennett's writings, I have no doubt what he thinks would happen: social chaos. But the incentives Bennett believes are essential for one segment of the society are to be ruled out of bounds for another.

There is only one possible explanation for this. It is that Bennett considers gay men and women so beneath and beyond the concern of real society that it is incumbent upon him merely to echo the stigmas that perpetuate their exclusion. And if that isn't close to a definition of bigotry, then I don't know what is.

Alone Again, Naturally

Originally appeared November 28, 1994, in The New Republic.

In everyone here sleeps
A sense of life lived according to love.
To some it means the difference they could make
By loving others, but across most it sweeps
As all they might have been had they been loved.
That nothing cures.
- Philip Larkin, "Faith Healing"

I can remember the first time what, for the sake of argument, I will call my sexuality came into conflict with what, for the sake of argument, I will call my faith. It was time for Communion in my local parish church, Our Lady and St. Peter's, a small but dignified building crammed between an Indian restaurant and a stationery shop, opposite a public restroom, on the main street of a smallish town south of London called East Grinstead. I must have been around 15 or so. Every time I received Communion, I attempted, following my mother's instructions, to offer up the sacrament for some current problem or need: my mother's health, an upcoming exam, the starving in Bangladesh or whatever. Most of these requests had to do with either something abstract and distant, like a cure for cancer, or something extremely tangible, like a better part in the school play. Like much else in my faith-life, they were routine and yet not completely drained of sincerity. But rarely did they address something that could unsettle the comfort of my precocious adolescence. This time, however, as I filed up to the Communion rail to face mild-mannered Father Simmons for the umpteenth time, something else intervened. Please, I remember asking almost offhandedly of God, after a quick recital of my other failings, help me with that.

I didn't have a name for it, since it was, to all intents and purposes, nameless. I don't think I'd ever heard it mentioned at home, except once when my mother referred to someone who had behaved inappropriately on my father's town rugby team. (He had been dealt with, she reported darkly.) At high school, the subject was everywhere and nowhere: at the root of countless jokes but never actualized as something that could affect anyone we knew. But this ubiquity and abstraction brought home the most important point: uniquely among failings, homosexuality was so abominable it could not even be mentioned. The occasions when it was actually discussed were so rare that they stand out even now in my mind: our Latin teacher's stating that homosexuality was obviously wrong since it meant "sticking your dick in the wrong hole"; the graffiti in the public restroom in Reigate High Street: "My mother made me a homosexual," followed closely by, "If I gave her the wool, would she make me one too?" Although my friends and family never stinted in pointing out other faults on my part, this, I knew, would never be confronted. So when it emerged as an irresistible fact of my existence, and when it first seeped into my life of dutiful prayer and worship, it could be referred to only in the inarticulate void of that Sunday evening before Communion.

From the beginning, however - and this is something many outside the Church can find hard to understand - my sexuality was part of my faith-life, not a revolt against it. Looking back, I realize that that moment at the Communion rail was the first time I had actually addressed the subject of homosexuality explicitly in front of anyone; and I had brought it to God in the moments before the most intimate act of sacramental Communion. Because it was something I was deeply ashamed of, I felt obliged to confront it; but because it was also something inextricable - even then - from the core of my existence, it felt natural to enlist God's help rather than his judgment in grappling with it. There was, of course, considerable tension in this balance of alliance and rejection; but there was also something quite natural about it, an accurate reflection of anyone's compromised relationship with what he or she hazards to be the divine.

To the outsider, faith often seems a kind of cataclysmic intervention, a Damascene moment of revelation and transformation, and no doubt, for a graced few, this is indeed the experience. But this view of faith is often, it seems to me, a way to salve the unease of a faithless life by constructing the alternative as something so alien to actual experience that it is safely beyond reach. Faith for me has never been like that. The moments of genuine intervention and spiritual clarity have been minuscule in number and, when they have occurred, hard to discern and harder still to understand. In the midst of this uncertainty, the sacraments, especially that of Communion, have always been for me the only truly reliable elements of direction, concrete instantiations of another order. Which is why, perhaps, it was at Communion that the subject reared its confusing, shaming presence.

The two experiences came together in other ways, too. Like faith, one's sexuality is not simply a choice; it informs a whole way of being. But like faith, it involves choices - the choice to affirm or deny a central part of one's being, the choice to live a life that does not deny but confronts reality. It is, like faith, mysterious, emerging clearly one day, only to disappear the next, taking different forms - of passion, of lust, of intimacy, of fear. And like faith, it points toward something other and more powerful than the self. The physical communion with the other in sexual life hints at the same kind of transcendence as the physical Communion with the Other that lies at the heart of the sacramental Catholic vision.

So when I came to be asked, later in life, how I could be gay and Catholic, I could answer only that I simply was. What to others appeared a simple contradiction was, in reality, the existence of these two connected, yet sometimes parallel, experiences of the world. It was not that my sexuality was involuntary and my faith chosen and that therefore my sexuality posed a problem for my faith; nor was it that my faith was involuntary and my sexuality chosen so that my faith posed a problem for my sexuality. It was that both were chosen and unchosen continuously throughout my life, as parts of the same search for something larger. As I grew older, they became part of me, inseparable from my understanding of myself. My faith existed at the foundation of how I saw the world; my sexuality grew to be inseparable from how I felt the world.

I am aware that this formulation of the problem is theologically flawed. Faith, after all, is not a sensibility; in the Catholic sense, it is a statement about reality that cannot be negated by experience. And there is little doubt about what the authority of the Church teaches about the sexual expression of a homosexual orientation. But this was not how the problem first presented itself. The immediate difficulty was not how to make what I did conform with what the Church taught me (until my early 20s, I did very little that could be deemed objectively sinful with regard to sex), but how to make who I was conform with what the Church taught me. This was a much more difficult proposition. It did not conform to a simple contradiction between self and God, as that afternoon in the Communion line attested. It entailed trying to understand how my adolescent crushes and passions, my longings for human contact, my stumbling attempts to relate love to life, could be so inimical to the Gospel of Christ and His Church, how they could be so unmentionable among people I loved and trusted.

So I resorted to what many young homosexuals and lesbians resort to. I found a way to expunge love from life, to construct a trajectory that could somehow explain this absence, and to hope that what seemed so natural and overwhelming could somehow be dealt with. I studied hard to explain away my refusal to socialize; I developed intense intellectual friendships that bordered on the emotional, but I kept them restrained in a carapace of artificiality to prevent passion from breaking out. I adhered to a hopelessly pessimistic view of the world, which could explain my refusal to take part in life's pleasures, and to rationalize the dark and deep depressions that periodically overwhelmed me.

No doubt some of this behavior was part of any teenager's panic at the prospect of adulthood. But looking back, it seems unlikely that this pattern had nothing whatsoever to do with my being gay. It had another twist: it sparked an intense religiosity that could provide me with the spiritual resources I needed to fortify my barren emotional life. So my sexuality and my faith entered into a dialectic: my faith propelled me away from my emotional and sexual longing, and the deprivation that this created required me to resort even more dogmatically to my faith. And as my faith had to find increasing power to restrain the hormonal and emotional turbulence of adolescence, it had to take on a caricatured shape, aloof and dogmatic, ritualistic and awesome. As time passed, a theological austerity became the essential complement to an emotional emptiness. And as the emptiness deepened, the austerity sharpened.

In a remarkable document titled "Declaration on Certain Questions Concerning Sexual Ethics," issued by the Vatican in 1975, the Sacred Congregation for the Doctrine of the Faith made the following statement regarding the vexed issue of homosexuality: "A distinction is drawn, and it seems with some reason, between homosexuals whose tendency comes from a false education, from a lack of normal sexual development, from habit, from bad example, or from other similar causes, and is transitory or at least not incurable; and homosexuals who are definitively such because of some kind of innate instinct or a pathological constitution judged to be incurable."

The Church was responding, it seems, to the growing sociological and psychological evidence that, for a small minority of people, homosexuality is unchosen and unalterable. In the context of a broad declaration on a whole range of sexual ethics, this statement was something of a minor digression (twice as much space was devoted to the "grave moral disorder" of masturbation); and it certainly didn't mean a liberalization of doctrine about the morality of homosexual acts, which were "intrinsically disordered and can in no case be approved of."

Still, the concession complicated things. Before 1975 the modern Church, when it didn't ignore the matter, had held a coherent view of the morality of homosexual acts. It maintained that homosexuals, as the modern world had come to define them, didn't really exist; rather, everyone was essentially a heterosexual and homosexual acts were acts chosen by heterosexuals, out of depravity, curiosity, impulse, predisposition or bad moral guidance. Such acts were an abuse of the essential heterosexual orientation of all humanity; they were condemned because they failed to link sexual activity with a binding commitment between a man and a woman in a marriage, a marriage that was permanently open to the possibility of begetting children. Homosexual sex was condemned in exactly the same way and for exactly the same reasons as premarital heterosexual sex, adultery or contracepted sex: it failed to provide the essential conjugal and procreative context for sexual relations. The reasoning behind this argument rested on natural law. Natural law teaching, drawing on Aristotelian and Thomist tradition, argued that the sexual nature of man was naturally linked to both emotional fidelity and procreation so that, outside of this context, sex was essentially destructive of the potential for human flourishing: "the full sense of mutual self-giving and human procreation in the context of true love," as the encyclical Gaudium et Spes put it. But suddenly, a new twist had been made to this argument. There was, it seems, in nature, a group of people who were "definitively" predisposed to violation of this natural law; their condition was "innate" and "incurable." Insofar as it was innate - literally innatus or "inborn" - this condition was morally neutral, since anything involuntary could not be moral or immoral; it simply was. But always and everywhere, the activity to which this condition led was "intrinsically disordered and [could] in no case be approved of." In other words, something fundamentally in nature always and everywhere violated a vital part of the nature of human beings; something essentially blameless was always and everywhere blameworthy if acted upon.

The paradox of this doctrine was evident even within its first, brief articulation. Immediately before stating the intrinsic disorder of homosexuality, the text averred that in "the pastoral field, these homosexuals must certainly be treated with understanding and sustained in the hope of overcoming their personal difficulties. ... Their culpability will be judged with prudence." This compassion for the peculiar plight of the homosexual was then elaborated: "This judgment of Scripture does not of course permit us to conclude that all those who suffer from this anomaly are personally responsible for it. ..." Throughout, there are alternating moments of alarm and quiescence; tolerance and panic; categorical statement and prudential doubt.

It was therefore perhaps unsurprising that, within a decade, the Church felt it necessary to take up the matter again. The problem could have been resolved by a simple reversion to the old position, the position maintained by fundamentalist Protestant churches: that homosexuality was a hideous, yet curable, affliction of heterosexuals. But the Church doggedly refused to budge from its assertion of the natural occurrence of constitutive homosexuals - or from its compassion for and sensitivity to their plight. In Cardinal Joseph Ratzinger's 1986 letter, "On the Pastoral Care of Homosexual Persons," this theme is actually deepened, beginning with the title.

To non-Catholics, the use of the term "homosexual person" might seem a banality. But the term "person" constitutes in Catholic moral teaching a profound statement about the individual's humanity, dignity and worth; it invokes a whole range of rights and needs; it reflects the recognition by the Church that a homosexual person deserves exactly the same concern and compassion as a heterosexual person, having all the rights of a human being, and all the value, in the eyes of God. This idea was implicit in the 1975 declaration, but was never advocated. Then there it was, eleven years later, embedded in Ratzinger's very title. Throughout his text, homosexuality, far from being something unmentionable or disgusting, is discussed with candor and subtlety. It is worthy of close attention: "[T]he phenomenon of homosexuality, complex as it is and with its many consequences for society and ecclesial life, is a proper focus for the Church's pastoral care. It thus requires of her ministers attentive study, active concern and honest, theologically well-balanced counsel." And here is Ratzinger on the moral dimensions of the unchosen nature of homosexuality: "[T]he particular inclination of the homosexual person is not a sin." Moreover, homosexual persons, he asserts, are "often generous and giving of themselves." Then, in a stunning passage of concession, he marshals the Church's usual arguments in defense of human dignity in order to defend homosexual dignity:

It is deplorable that homosexual persons have been and are the object of violent malice in speech or in action. Such treatment deserves condemnation from the Church's pastors wherever it occurs. It reveals a kind of disregard for others which endangers the most fundamental principles of a healthy society. The intrinsic dignity of each person must always be respected in word, in action and in law.

Elsewhere, Ratzinger refers to the homosexual's "God-given dignity and worth"; condemns the view that homosexuals are totally compulsive as a "demeaning assumption"; and argues that "the human person, made in the image and likeness of God, can hardly be adequately described by a reductionist reference to his or her sexual orientation."

Why are these statements stunning? Because they reveal how far the Church had, by the mid-1980s, absorbed the common sense of the earlier document's teaching on the involuntariness of homosexuality, and had had the courage to reach its logical conclusion. In Ratzinger's letter, the Church stood foursquare against bigotry, against demeaning homosexuals either by anti-gay slander or violence or by pro-gay attempts to reduce human beings to one aspect of their personhood. By denying that homosexual activity was totally compulsive, the Church could open the door to an entire world of moral discussion about ethical and unethical homosexual behavior, rather than simply dismissing it all as pathological. What in 1975 had been "a pathological constitution judged to be incurable" was, eleven years later, a "homosexual person," "made in the image and likeness of God."

But this defense of the homosexual person was only half the story. The other half was that, at the same time, the Church strengthened its condemnation of any and all homosexual activity. By 1986 the teachings condemning homosexual acts were far more categorical than they had been before. Ratzinger had guided the Church into two simultaneous and opposite directions: a deeper respect for homosexuals, and a sterner rejection of almost anything they might do.

At the beginning of the 1986 document, Ratzinger bravely confronted the central paradox: "In the discussion which followed the publication of the [1975] declaration ... an overly benign interpretation was given to the homosexual condition itself, some going so far as to call it neutral or even good. Although the particular inclination of the homosexual person is not a sin, it is a more or less strong tendency ordered toward an intrinsic moral evil and thus the inclination itself must be seen as an objective disorder." Elsewhere, he reiterated the biblical and natural law arguments against homosexual relations. Avoiding the problematic nature of the Old Testament's disavowal of homosexual acts (since these are treated in the context of such "abominations" as eating pork and having intercourse during menstruation, which the Church today regards with equanimity), Ratzinger focused on St. Paul's admonitions against homosexuality: "Instead of the original harmony between Creator and creatures, the acute distortion of idolatry has led to all kinds of moral excess. Paul is at a loss to find a clearer example of this disharmony than homosexual relations." There was also the simple natural-law argument: "It is only in the marital relationship that the use of the sexual faculty can be morally good. A person engaging in homosexual behavior therefore acts immorally." The point about procreation was strengthened by an argument about the natural, "complementary union able to transmit life," which is heterosexual marriage. The fact that homosexual sex cannot be a part of this union means that it "thwarts the call to a life of that form of self-giving which the Gospel says is the essence of Christian living." Thus "homosexual activity" is inherently "self-indulgent." "Homosexual activity," Ratzinger's document claimed in a veiled and ugly reference to HIV, is a "form of life which constantly threatens to destroy" homosexual persons.

This is some armory of argument. The barrage of statements directed against "homosexual activity," which Ratzinger associates in this document exclusively with genital sex, is all the more remarkable because it occurs in a document that has otherwise gone further than might have been thought imaginable in accepting homosexuals into the heart of the Church and of humanity. Ratzinger's letter was asking us, it seems, to love the sinner more deeply than ever before, but to hate the sin even more passionately. This is a demand with which most Catholic homosexuals have at some time or other engaged in anguished combat.

It is also a demand that raises the central question of the two documents and, indeed, of any Catholic homosexual life: How intelligible is the Church's theological and moral position on the blamelessness of homosexuality and the moral depravity of homosexual acts? This question is the one I wrestled with in my early 20s, as the increasing aridity of my emotional life began to conflict with the possibility of my living a moral life. The distinction made some kind of sense in theory; but in practice, the command to love oneself as a person of human dignity yet hate the core longings that could make one emotionally whole demanded a sense of detachment or a sense of cynicism that seemed inimical to the Christian life. To deny lust was one thing; to deny love was another. And to deny love in the context of Christian doctrine seemed particularly perverse. Which begged a prior question: Could the paradoxes of the Church's position reflect a deeper incoherence at their core?

One way of tackling the question is to look for useful analogies to the moral paradox of the homosexual. Greed, for example, might be said to be an innate characteristic of human beings, which, in practice, is always bad. But the analogy falls apart immediately. Greed is itself evil; it is prideful, a part of Original Sin. It is not, like homosexuality, a blameless natural condition that inevitably leads to what are understood as immoral acts. Moreover, there is no subgroup of innately greedy people, nor a majority of people in which greed never occurs. Nor are the greedy to be treated with respect. There is no paradox here, and no particular moral conundrum.

Aquinas suggests a way around this problem. He posits that some things that occur in nature may be in accordance with an individual's nature, but somehow against human nature in general: "for it sometimes happens that one of the principles which is natural to the species as a whole has broken down in one of its individual members; the result can be that something which runs counter to the nature of the species as a whole, happens to be in harmony with nature for a particular individual: as it becomes natural for a vessel of water which has been heated to give out heat." Forget, for a moment, the odd view that somehow it is more "natural" for a vessel to exist at one temperature than another. The fundamental point here is that there are natural urges in a particular person that may run counter to the nature of the species as a whole. The context of this argument is a discussion of pleasure: How is it, if we are to trust nature (as Aquinas and the Church say we must), that some natural pleasures in some people are still counter to human nature as a whole? Aquinas's only response is to call such events functions of sickness, what the modern Church calls "objective disorder." But here, too, the analogies he provides are revealing: they are bestiality and cannibalism. Aquinas understands each of these activities as an emanation of a predilection that seems to occur more naturally in some than in others. But this only reveals some of the special problems of lumping homosexuality in with other "disorders." Even Aquinas's modern disciples (and, as we've seen, the Church) concede that involuntary orientation to the same gender does not spring from the same impulses as cannibalism or bestiality. Or indeed that cannibalism is ever a "natural" pleasure in the first place, in the way that, for some bizarre reason, homosexuality is.

What, though, of Aquinas's better argument - that a predisposition to homosexual acts is a mental or physical illness that is itself morally neutral, but always predisposes people to inherently culpable acts? Here, again, it is hard to think of a precise analogy. Down syndrome, for example, occurs in a minority and is itself morally neutral; but when it leads to an immoral act, such as, say, a temper tantrum directed at a loving parent, the Church is loath to judge that person as guilty of choosing to break a commandment. The condition excuses the action. Or, take epilepsy: if an epileptic person has a seizure that injures another human being, she is not regarded as morally responsible for her actions, insofar as they were caused by epilepsy. There is no paradox here either, but for a different reason: with greed, the condition itself is blameworthy; with epilepsy, the injurious act is blameless.

Another analogy can be drawn. What of something like alcoholism? This is a blameless condition, as science and psychology have shown. Some people have a predisposition to it; others do not. Moreover, this predisposition is linked, as homosexuality is, to a particular act. For those with a predisposition to alcoholism, having a drink might be morally disordered, destructive to the human body and spirit. So, alcoholics, like homosexuals, should be welcomed into the Church, but only if they renounce the activity their condition implies.

Unfortunately, even this analogy will not hold. For one thing, drinking is immoral only for alcoholics. Moderate drinking is perfectly acceptable, according to the Church, for non-alcoholics. On the issue of homosexuality, to follow the analogy, the Church would have to say that sex between people of the same gender would be - in moderation - fine for heterosexuals but not for homosexuals. In fact, of course, the Church teaches the opposite, arguing that the culpability of homosexuals engaged in sexual acts should be judged with prudence - and less harshly - than the culpability of heterosexuals who engage in "perversion."

But the analogy to alcoholism points to a deeper problem. Alcoholism does not ultimately work as an analogy because it does not reach to the core of the human condition in the way that homosexuality, following the logic of the Church's arguments, does. If alcoholism is overcome by a renunciation of alcoholic acts, then recovery allows the human being to realize his or her full potential, a part of which, according to the Church, is the supreme act of self-giving in a life of matrimonial love. But if homosexuality is overcome by a renunciation of homosexual emotional and sexual union, the opposite is achieved: The human being is liberated into sacrifice and pain, barred from the matrimonial love that the Church holds to be intrinsic, for most people, to the state of human flourishing. Homosexuality is a structural condition that restricts the human being, even if homosexual acts are renounced, to a less than fully realized life. In other words, the gay or lesbian person is deemed disordered at a far deeper level than the alcoholic: at the level of the human capacity to love and be loved by another human being, in a union based on fidelity and self-giving. Their renunciation of such love also is not guided toward some ulterior or greater goal - as the celibacy of the religious orders is designed to intensify their devotion to God. Rather, the loveless homosexual destiny is precisely toward nothing, a negation of human fulfillment, which is why the Church understands that such persons, even in the act of obedient self-renunciation, are called "to enact the will of God in their life by joining whatever sufferings and difficulties they experience in virtue of their condition to the sacrifice of the Lord's cross."

This suggests another analogy: the sterile person. Here, too, the person is structurally barred by an innate or incurable condition from the full realization of procreative union with another person. One might expect that such people would be regarded in exactly the same light as homosexuals. They would be asked to commit themselves to a life of complete celibacy and to offer up their pain toward a realization of Christ's sufferings on the cross. But that, of course, is not the Church's position. Marriage is available to sterile couples or to those past child-bearing age; these couples are not prohibited from having sexual relations.

One is forced to ask: What rational distinction can be made, on the Church's own terms, between the position of sterile people and that of homosexual people with regard to sexual relations and sacred union? If there is nothing morally wrong, per se, with the homosexual condition or with homosexual love and self-giving, then homosexuals are indeed analogous to those who, by blameless fate, cannot reproduce. With the sterile couple, it could be argued, miracles might happen. But miracles, by definition, can happen to anyone. What the analogy to sterility suggests, of course, is that the injunction against homosexual union does not rest, at heart, on the arguments about openness to procreation, but on the Church's failure to fully absorb its own teachings about the dignity and worth of homosexual persons. It cannot yet see them as it sees sterile heterosexuals: people who, with respect to procreation, suffer from a clear, limiting condition, but who nevertheless have a potential for real emotional and spiritual self-realization, in the heart of the Church, through the transfiguring power of the matrimonial sacrament. It cannot yet see them as truly made in the image of God.

But this, maybe, is to be blind in the face of the obvious. Even with sterile people, there is a symbolism in the union of male and female that speaks to the core nature of sexual congress and its ideal instantiation. There is no such symbolism in the union of male with male or female with female. For some Catholics, this "symbology" goes so far as to bar even heterosexual intercourse from positions apart from the missionary - face to face, male to female, in a symbolic act of love devoid of all non-procreative temptation. For others, the symbology is simply about the notion of "complementarity," the way in which each sex is invited in the act of sexual congress - even when they are sterile - to perceive the mystery of the other; when the two sexes are the same, in contrast, the act becomes one of mere narcissism and self-indulgence, a higher form of masturbation. For others still, the symbolism is simply about Genesis, the story of Adam and Eve, and the essentially dual, male-female center of the natural world. Denying this is to offend the complementary dualism of the universe.

But all these arguments are arguments for the centrality of heterosexual sexual acts in nature, not their exclusiveness. It is surely possible to concur with these sentiments, even to laud their beauty and truth, while also conceding that it is nevertheless also true that nature seems to have provided a spontaneous and mysterious contrast that could conceivably be understood to complement - even dramatize - the central male-female order. In many species and almost all human cultures, there are some who seem to find their destiny in a similar but different sexual and emotional union. They do this not by subverting their own nature, or indeed human nature, but by fulfilling it in a way that doesn't deny heterosexual primacy, but rather honors it by its rare and distinct otherness. As albinos remind us of the brilliance of color; as redheads offer a startling contrast to the blandness of their peers; as genius teaches us, by contrast, the virtue of moderation; as the disabled person reveals to us in negative form the beauty of the fully functioning human body; so the homosexual person might be seen as a natural foil to the heterosexual norm, a variation that does not eclipse the theme, but resonates with it. Extinguishing - or prohibiting - homosexuality is, from this point of view, not a virtuous necessitys, but the real crime against nature, a refusal to accept the pied beauty of God's creation, a denial of the way in which the other need not threaten, but may actually give depth and contrast to the self.

This is the alternative argument embedded in the Church's recent grappling with natural law, that is just as consonant with the spirit of natural law as the Church's current position. It is more consonant with what actually occurs in nature; seeks an end to every form of natural life; and upholds the dignity of each human person. It is so obvious an alternative to the Church's current stance that it is hard to imagine the forces of avoidance that have kept it so firmly at bay for so long.

For many homosexual Catholics, life within the Church is a difficult endeavor. In my 20s, as I attempted to unite the possibilities of sexual longing and emotional commitment, I discovered what many heterosexuals and homosexuals had discovered before me: that it is a troubling and troublesome mission. There's a disingenuous tendency, when discussing both homosexual and heterosexual emotional life, to glamorize and idealize the entire venture. To posit the possibility of a loving union, after all, is not to guarantee its achievement. There is also a lamentable inclination to believe that all conflicts can finally be resolved; that the homosexual Catholic's struggle can be removed by a simple theological coup de main; that the conflict is somehow deeper than many other struggles in the Church - of women, say, or of the divorced. The truth is that pain, as Christ taught, is not a reason to question truth; it may indeed be a reason to embrace it.

But it must also be true that to dismiss the possibility of a loving union for homosexuals at all - to banish from the minds and hearts of countless gay men and women the idea that they, too, can find solace and love in one another - is to create the conditions for a human etiolation that no Christian community can contemplate without remorse. What finally convinced me of the wrongness of the Church's teachings was not that they were intellectually so confused, but that in the circumstances of my own life - and of the lives I discovered around me - they seemed so destructive of the possibilities of human love and self-realization. By crippling the potential for connection and growth, the Church's teachings created a dynamic that in practice led not to virtue but to pathology; by requiring the first lie in a human life, which would lead to an entire battery of others, they contorted human beings into caricatures of solitary eccentricity, frustrated bitterness, incapacitating anxiety - and helped perpetuate all the human wickedness and cruelty and insensitivity that such lives inevitably carry in their wake. These doctrines could not in practice do what they wanted to do: they could not both affirm human dignity and deny human love.

This truth is not an argument; it is merely an observation. But observations are at the heart not simply of the Church's traditional Thomist philosophy, but also of the phenomenological vision of the current pope. To observe these things, to affirm their truth, is not to oppose the Church, but to hope in it, to believe in it as a human institution that is yet the eternal vessel of God's love. It is to say that such lives as those of countless gay men and lesbians must ultimately affect the Church not because our lives are perfect, or without contradiction, or without sin, but because our lives are in some sense also the life of the Church.

I remember, in my own life, the sense of lung-filling exhilaration I felt as my sexuality began to be incorporated into my life, a sense that was not synonymous with recklessness or self-indulgence - although I was not immune from those things either - but a sense of being suffused at last with the possibility of being fully myself before those I loved and before God. I remember the hopefulness of parents regained and friendships restored in a life that, for all its vanities, was at least no longer premised on a lie covered over by a career. I remember the sense a few months ago in a pew in a cathedral, as I reiterated the same pre-Communion litany of prayers that I had spoken some twenty years earlier, that, for the first time, the love the Church had always taught that God held for me was tangible and redemptive. I had never felt it fully before; and, of course, like so many spiritual glimpses, I have rarely felt it since. But I do know that it was conditioned not on the possibility of purity, but on the possibility of honesty. That honesty is not something that can be bought or won in a moment. It is a process peculiarly prone to self-delusion and self-doubt. But it is one that, if it is to remain true to itself, the Church cannot resist forever.

Here Comes the Groom

First appeared in the New Republic August 28, 1989.

LAST MONTH IN NEW YORK, a court ruled that a gay lover had the right to stay in his deceased partner's rent-control apartment because the lover qualified as a member of the deceased's family. The ruling deftly annoyed almost everybody. Conservatives saw judicial activism in favor of gay rent control: three reasons to be appalled. Chastened liberals (such as the New York Times editorial page), while endorsing the recognition of gay relationships, also worried about the abuse of already-stretched entitlements that the ruling threatened. What neither side quite contemplated is that they both might be right, and that the way to tackle the issue of unconventional relationships in conventional society is to try something both more radical and more conservative than putting courts in the business of deciding what is and is not a family. That alternative is the legalization of civil gay marriage.

The New York rent-control case did not go anywhere near that far, which is the problem. The rent-control regulations merely stipulated that a "family" member had the right to remain in the apartment. The judge ruled that to all intents and purposes a gay lover is part of his lover's family, inasmuch as a "family" merely means an interwoven social life, emotional commitment, and some level of financial interdependence.

It's a principle now well established around the country. Several cities have "domestic partnership" laws, which allow relationships that do not fit into the category of heterosexual marriage to be registered with the city and qualify for benefits that up till now have been reserved for straight married couples. San Francisco, Berkeley, Madison, and Los Angeles all have legislation, as does the politically correct Washington, D.C., suburb, Takoma Park. In these cities, a variety of interpersonal arrangements qualify for health insurance, bereavement leave, insurance, annuity and pension rights, housing rights (such as rent-control apartments), adoption, and inheritance rights. Eventually, according to gay lobby groups, the aim is to include federal income tax and veterans benefits as well. A recent case even involved the right to use a family member's accumulated frequent-flier points. Gays are not the only beneficiaries; heterosexual "live-togethers" also qualify.

There's an argument, of course, that the current legal advantages extended to married people unfairly discriminate against people who've shaped their lives in less conventional arrangements. But it doesn't take a genius to see that enshrining in the law a vague principle like "domestic partnership" is an invitation to qualify at little personal cost for a vast array of entitlements otherwise kept crudely under control.

To be sure, potential DPs have to prove financial interdependence, shared living arrangements, and a commitment to mutual caring. But they don't need to have a sexual relationship or even closely mirror old-style marriage. In principle, an elderly woman and her live-in nurse could qualify. A couple of uneuphemistically confirmed bachelors could be DPs. So could two close college students, a pair of seminarians, or a couple of frat buddies. Left as it is, the concept of domestic partnership could open a Pandora's box of litigation and subjective judicial decision-making about who qualifies. You either are or are not married; it's not a complex question. Whether you are in a "domestic partnership" is not so clear.

More important, the concept of domestic partnership chips away at the prestige of traditional relationships and undermines the priority we give them. This priority is not necessarily a product of heterosexism. Consider heterosexual couples. Society has good reason to extend legal advantages to heterosexuals who choose the formal sanction of marriage over simply living together. They make a deeper commitment to one another and to society; in exchange, society extends certain benefits to them. Marriage provides an anchor, if an arbitrary and weak one, in the chaos of sex and relationships to which we are all prone. It provides a mechanism for emotional stability, economic security, and the healthy rearing of the next generation. We rig the law in its favor not because we disparage all forms of relationship other than the nuclear family, but because we recognize that not to promote marriage would be to ask too much of human virtue. In the context of the weakened family's effect upon the poor, it might also invite social disintegration. One of the worst products of the New Right's "family values" campaign is that its extremism and hatred of diversity has disguised this more measured and more convincing case for the importance of the marital bond.

The concept of domestic partnership ignores these concerns, indeed directly attacks them. This is a pity, since one of its most important objectives-providing some civil recognition for gay relationships�is a noble cause and one completely compatible with the defense of the family. But the way to go about it is not to undermine straight marriage; it is to legalize old-style marriage for gays.

The gay movement has ducked this issue primarily out of fear of division. Much of the gay leadership clings to notions of gay life as essentially outsider, anti-bourgeois, radical. Marriage, for them, is co-optation into straight society. For the Stonewall generation, it is hard to see how this vision of conflict will ever fundamentally change. But for many other gays�my guess, a majority�while they don't deny the importance of rebellion twenty years ago and are grateful for what was done, there's now the sense of a new opportunity. A need to rebel has quietly ceded to a desire to belong. To be gay and to be bourgeois no longer seems such an absurd proposition. Certainly since AIDS, to be gay and to be responsible has become a necessity.

Gay marriage squares several circles at the heart of the domestic partnership debate. Unlike domestic partnership, it allows for recognition of gay relationships, while casting no aspersions on traditional marriage. It merely asks that gays be allowed to join in. Unlike domestic partnership, it doesn't open up avenues for heterosexuals to get benefits without the responsibilities of marriage, or a nightmare of definition litigation. And unlike domestic partnership, it harnesses to an already established social convention the yearnings for stability and acceptance among a fast-maturing gay community.

Gay marriage also places more responsibilities upon gays: it says for the first time that gay relationships are not better or worse than straight relationships, and that the same is expected ofthem. And it's clear and dignified. There's a legal benefit to a clear, common symbol of commitment. There's also a personal benefit. One of the ironies of domestic partnership is that it's not only more complicated than marriage, it's more demanding, requiring an elaborate statement of intent to qualify. It amounts to a substantial invasion of privacy. Why, after all, should gays be required to prove commitment before they get married in a way we would never dream of asking of straights?

Legalizing gay marriage would offer homosexuals the same deal society now offers heterosexuals: general social approval and specific legal advantages in exchange for a deeper and harder-to-extract- yourself-from commitment to another human being. Like straight marriage, it would foster social cohesion, emotional security, and economic prudence. Since there's no reason gays should not be allowed to adopt or be foster parents, it could also help nurture children. And its introduction would not be some sort of radical break with social custom. As it has become more acceptable for gay people to acknowledge their loves publicly, more and more have committed themselves to one another for life in full view of their families and their friends. A law institutionalizing gay marriage would merely reinforce a healthy social trend. It would also, in the wake of AIDS, qualify as a genuine public health measure. Those conservatives who deplore promiscuity among some homosexuals should be among the first to support it. Burke could have written a powerful case for it.

The argument that gay marriage would subtly undermine the unique legitimacy of straight marriage is based upon a fallacy. For heterosexuals, straight marriage would remain the most significant -- and only legal -- social bond. Gay marriage could only delegitimize straight marriage if it were a real alternative to it, and this is clearly not true. To put it bluntly, there's precious little evidence that straights could be persuaded by any law to have sex with -- let alone marry -- someone of their own sex. The only possible effect of this sort would be to persuade gay men and women who force themselves into heterosexual marriage (often at appalling cost to themselves and their families) to find a focus for their family instincts in a more personally positive environment. But this is clearly a plus, not a minus: gay marriage could both avoid a lot of tortured families and create the possibility for many happier ones. It is not, in short, a denial of family values. It's an extension of them.

Of course, some would claim that any legal recognition of homosexuality is a de facto attack upon heterosexuality. But even the most hardened conservatives recognize that gays are a permanent minority and aren't likely to go away. Since persecution is not an option in a civilized society, why not coax gays into traditional values rather than rail incoherently against them?

There's a less elaborate argument for gay marriage: it's good for gays. It provides role models for young gay people who, after the exhilaration of coming out, can easily lapse into short-term relationships and insecurity with no tangible goal in sight. My own guess is that most gays would embrace such a goal with as much (if not more) commitment as straights. Even in our society as it is, many lesbian relationships are virtual textbook cases of monogamous commitment. Legal gay marriage could also help bridge the gulf often found between gays and their parents. It could bring the essence of gay life�a gay couple�into the heart of the traditional straight family in a way the family can most understand and the gay offspring can most easily acknowledge. It could do as much to heal the gay-straight rift as any amount of gay rights legislation.

If these arguments sound socially conservative, that's no accident. It's one of the richest ironies of our society's blind spot toward gays that essentially conservative social goals should have the appearance of being so radical. But gay marriage is not a radical step. It avoids the mess of domestic partnership; it is humane; it is conservative in the best sense of the word. It's also practical. Given the fact that we already allow legal gay relationships, what possible social goal is advanced by framing the law to encourage those relationships to be unfaithful, undeveloped, and insecure?