He's our newest IGF contributor-an undergraduate and columnist at American University, both openly gay and openly Republican. "I have been discriminated against more by Democrats than by Republicans," he writes. Read it here. We suspect, and hope, we'll be hearing a lot more from Alex.
Author Archives: Jonathan Rauch
Is It Legal to Say ‘Double-Standard’?
Read to the bottom of this New York Times story for a revealing tidbit. The Brits bar entry of a Dutch politician and provocateur on grounds that he offends Muslims. Yet they have admitted "several Muslim clerics from Arab countries with a history of inflammatory statements on terrorism, women's rights and homosexuality." Increasingly this seems to be the pattern in Europe. Fear, rather than principle, appears to be at work, and apparently homosexuals aren't scary. But then, that's how it always is with speech restrictions.
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Driving Away Our Friends
"The gay community's failure to show tolerance is costing it friends." That's the last, portentous sentence of this column by Debra Saunders. She's a gay-friendly center-right columnist who has supported gay marriage in the past. But she did a "slow burn" as gay-rights advocates and courts rejected civil unions and as Prop. 8 supporters faced public condemnation by name.
With all respect to Saunders, I don't think there has been a "post-passage campaign to intimidate Prop. 8 supporters," though there certainly have been nasty and objectionable episodes, recycled again and again in an example of plural anecdotes becoming a trend. To the extent that anyone is harassed for supporting (or opposing) a ballot initiative, the answer is not to lash out at gay marriage but to protect donors' privacy, as we do voters'. That case is well made here.
But never mind. The important thing here is that Saunders is a canary in the mineshaft. Let's be realistic, gay folks: marriage has been heterosexual since...forever. To denounce as bigots or haters those who are reluctant to change marriage's age-old boundaries-even if they support civil unions, marriage in all but name-is a moral overreach and a strategic blunder of the first order. We have enough enemies. Let's tone down the accusatory rhetoric before we alienate our friends.
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Where Bush Went Wrong…
Unlike, I sometimes feel, practically every gay or lesbian person in the country, I'm doing my best not to make up my mind about President Obama before he's been in office, say, a week. Given the scope of the economic and foreign-policy problems he's facing, I think it's silly to expect quick action on gay issues. In fact, our side should be hoping he remembers the lesson of Bill Clinton and takes time to build credibility and lay groundwork before tackling, say, gays in the military. I'm cautiously optimistic that having Rick Warren give the inaugural invocation was a shrewd way of reassuring the cultural center-right that subsequent gay-friendly policy changes won't augur a sharp left turn.
Still, it's useful to remember that, once upon a time, George W. Bush looked like a different kind of Republican, one who might bring gays into the Republican big tent. Remember the Republican Unity Coalition? It sought to make homosexuality a "non-issue" within the Republican Party, and Bush seemed receptive-until, as coalition founder and (former) Bush family friend and fan Charles Francis puts it in a Washington Blade article, the Supreme Court struck down sodomy laws in 2003. Then Bush's head spun faster than Linda Blair's and all bets were off. Writes Francis, who shuttered the RUC and wrote off Bush:
This was the beginning of a years-long failure and squandered opportunity for the Republicans, who sure lost me, and now, most important, wonder how they could have lost a whole new generation of Americans.
Bush never came to office expecting to slam the GOP's door on gay Americans for a generation. Events forced him to choose and he chose wrong. As former Bushie Pete Wehner points out, governing is harder than promising. We'll see.
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Dobson v. Warren (2)
Better late than never, a friend points out this "Letter from 2012 in Obama's America," published in October by James Dobson's Focus on the Family, and fairly broadly criticized at the time.
It's long and hysterical-another sign of how beleaguered the hard-core Christian Right is feeling. Still more revealing, I count 18 paragraphs on homosexuality and gay marriage, versus four on abortion (aka, from a pro-life point of view, murder of babies). I found no instances of the word "divorce." "Adultery"? You gotta be kidding.
This is the kind of anti-gay obsessiveness and upside-down prioritizing that Rick Warren and others of his ilk and generation are moving away from. The more I think about Obama's choice of Warren to lead the inaugural prayer, the more I like it. Culturally, the moment is right to reach out to reachable evangelicals and marginalize the hysterics and obsessives who have all but monopolized their movement. The cultural left doesn't understand the difference between Warren and Dobson, but evangelicals sure will. And they'll know Obama and Warren are publicly declaring Dobsonism obsolete.
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James Dobson He Ain’t
My mind boggled when a friend assured me the other day that Rick Warren is James Dobson with a friendlier face. HRC doesn't go quite that far, but it does say this: "Rev. Warren cannot name a single theological issue that he and vehemently, anti-gay theologian [sic...Dobson is a psychologist; should HRC know this?] James Dobson disagree on."
True, Warren is a transitional figure, hardly what gay people would call enlightened. But he is no Dobson or Wildmon or Robertson or Falwell. He has tried to move the evangelical movement away from politics. He thinks too little about homosexuality, instead of obsessing on it. By mostly ignoring homosexuality, he puts it in reasonable proportion to other (as he sees it) sins-and, with the religious right, mere proportionality is half the battle.
It's worth actually reading the BeliefNet interview which has become the locus classicus for those who call Warren a hater. He calls same-sex marriage a redefinition on the same order as adult-child marriage. Obtuse, to say the least. He also says, "Civil unions are not a civil right." Meaning, he explains, that the constitution doesn't mandate them.
But he also says he does not oppose California's domestic partner law (which is a civil union law, whatever the statutory name). And he says it's a "no brainer" that divorce is a bigger threat to family than gay marriage. And that the reason gay marriage gets so much more attention than divorce is because "we always love to talk about other [people's] sins more than ours."
Of course he is an evangelical preacher and he does think that homosexual relations are a sin which should not be dignified with public sanction. But he represents a major step forward over the generation before him (as the generation after him is better still). I hope that, beneath the denunciations, the folks on our side understand this.
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‘We Throw Down the Gauntlet’
Everyone, and by that I mean every person in the United States if not the world, should read this seminal speech given by Frank Kameny in 1969. It surfaced recently among his papers in the Library of Congress and constitutes his statement on behalf of a gay man, Benning Wentworth, who was appealing the denial of a security clearance by the Defense Department.
We throw down the gauntlet, clearly, unequivocally and unambiguously. We state for the world, as we have stated for the public, we state for the record and, if the Department forces us to carry the case that far, we state for the courts that Mr. Wentworth, being a healthy, unmarried, homosexual male, 35 years old, has lived and does live a suitable homosexual life, in parallel with the suitable active heterosexual sexual life lived by 75 percent of our healthy, unmarried, heterosexual males holding security clearances; and he intends to continue to do so indefinitely into the future. And please underline starting with the word "and intends to do so into the future". Underline that, please, Mr. Stenographer.
To read this visionary speech and realize that not even 40 years have passed is to marvel at this country of ours. And at our good fortune in having Frank Kameny among us.
I'm told, by the way, that Benning Wentworth is still alive and well. Hats off to him, too. Imagine the courage it took for an open homosexual to stand up to the Defense Department in 1969.
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The Election Turned a Corner. Can We?
Every national campaign has its moments of revelation, straws in the wind of change. For me, one of the most memorable blew past in a snippet of video.
It was June. Hillary Clinton was conceding the Democratic nomination to Barack Obama. A few minutes into her speech, as she called the roll of her supporters, she hit on the words "gay and straight." The camera angle was such that you could see young people in the crowd behind her erupt in boisterous cheers. A few minutes later a mention of "gay rights" elicited the same reaction.
Those young people, it struck me, were reacting to Clinton's gay-friendly rhetoric the way we are used to seeing social conservatives react to gay-hostile rhetoric: with joyful recognition that their brand of pro-American values, their brand of patriotism, was being affirmed. The "moral values" energy was on our side.
In 2004, when President Bush beat Sen. John Kerry in a tight race, we thought we had learned the continuing, indeed renewed, potency of values issues (read: gay marriage and abortion). An activist state supreme court had legalized gay marriage; Republicans gleefully seized the issue by putting gay marriage bans on state ballots, energizing the party's social conservative base. At a moment when voters were looking for stability and strength, the Republicans wove gay marriage into an overarching security narrative: America's core values were being challenged by radical Islamists from without as well as radical judges from within, and Republicans could be trusted to stand up to both. On the defensive, Democrats scrambled to change the subject, triangulating away from their gay and lesbian supporters.
What a difference four years makes. Again activist judges, this time in two states (California and Connecticut), order same-sex marriage. Again gay marriage bans sprout on state ballots. Again the public craves stability and security, though this time the threat is economic. On paper, the ingredients are the makings of another 2004.
But this time the results were entirely different. In 2008, Democrats used gays as an applause line, embracing us as a symbol of the change agenda. More important, Obama embedded gays in a security narrative of his own: America has been weakened by divisive politics and fruitless bellicosity; inclusiveness can restore the country's tattered unity, rebuilding strength at home and prestige abroad. This time it was the Republicans who mumbled and changed the subject, steering away from social issues both in their choice of nominee and in their campaign.
Which election, 2004 or 2008, tells us more about the future? You could argue that the values vote of 2004 was a fear-driven blip in the larger trend toward gay integration. Or you could argue that 2008 was really about the economy, and that culture-war issues will resurface when pocketbook issues recede.
It is too early to say, but that has never stopped a journalist before, so here goes: To me, 2008 looks more like the new normal. The cultural backlash against gay equality is far from over, and the marriage fight, in particular, has years to go. But the core message of legal equality has gotten through.
Now, "gotten through" does not mean "always wins." It means that the presumption of gay equality is at least as prevalent as the presumption of gay inferiority. According to Gallup polls, a clear majority of Americans now believe that homosexual relations between consenting adults should be legal and that "homosexuality should be considered an acceptable alternative lifestyle." In 2008, for the first time, Gallup found that as many respondents judged homosexual relations "morally acceptable" as judged them "morally wrong." At about 90%, support for "equal rights in terms of job opportunities" is now so overwhelming, as to be a nonissue.
What about marriage discrimination, then? Opposition to same-sex marriage remains predominant. Here, however, the problem is that the public sees gender as part of the core definition of marriage, not as a discriminatory detail. Eventually, albeit slowly, that is likely to change.
Meanwhile, the public already accepts the legitimacy of legal same-sex unions, provided they are not called marriage. Strikingly, a recent poll by Greenberg Quinlan Rosner, a Democratic-leaning firm, found that a majority of young white evangelicals, ages 18 to 29, favor either gay marriage (26%) or civil partnerships (32 percent). That places young evangelicals closer to the overall population than to their older confreres. In the foreseeable future, the principle of same-sex unions, though perhaps not "marriage," will be uncontroversial even on the Christian right.
I think, though I can't prove this, that there are two important transitions happening here. Both are good for gay and lesbian Americans, but one will require some hard rethinking.
The first is that the antigay culture war is winding down. The public has weighed the Karl Rove narrative (culture-war politics strengthens America by defending our values) against the Barack Obama narrative (culture-war politics weakens America by undermining our unity) and has come down on Obama's side - certainly for now but possibly for much longer.
Harder for us to adjust to will be this: The civil rights mind-set, with its focus on antidiscrimination laws and court-ordered remedies, has outlived its usefulness. There are still discrimination problems, of course-for example, when schools turn a blind eye to harassment. By and large, however, the public no longer regards gays as an oppressed minority, and by and large we aren't one.
The old civil rights model, with its roots in an era when homosexuals were politically friendless pariahs, focuses on such matters as protection from bigoted employers and hate crimes. In truth, for most gay Americans the civic responsibility agenda, with its focus on service to family (marriage), children (mentoring and adoption), and country (the military), is more relevant and important. With a comparatively sympathetic administration and Congress taking office in Washington, the time has come to pivot away from the culturally defensive pariah agenda - the Employment Non-Discrimination Act, for instance - and toward the culturally transformative family agenda.
Priority 1, and well ahead of whatever comes second, should be federal recognition of state civil unions. Obama supported this, as did, for that matter, all the other Democratic candidates. Marriage will take a while, but federal civil unions, though not a cinch, are attainable in the course of the next four to eight years, and they would be hugely beneficial to gay couples, who would get access to immigration rights, Social Security benefits, spousal tax status, and much, much more. Federal recognition of same-sex unions might also break the back of the "don't ask, don't tell" military policy. How can one part of the U.S. government banish gay couples while the rest embraces them?
Perhaps I'm Pollyanna. Perhaps the antigay political volcano is merely dormant, not dying. Perhaps it is too early to move on from civil rights. But I think it likelier that the country has turned a corner in the culture wars. If so, the question will be whether we can turn with it.
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Political Awakening?
In California, spontaneous protests over the passage of Prop 8 continue to swell. Now there's talk of a national protest, though whether this amounts to anything remains to be seen. This is starting to look important.
I share some of Dale Carpenter's reservations about the optics of protesting against churches. But I wonder, hopefully, whether we're seeing a gay political awakening on the gay-marriage front.
For one reason, I'm so very, very tired of hearing from our opponents that gay folks don't really care much about marriage anyway. For another, the civil-rights era in the marriage struggle is ending.
The civil-rights model tried to separate marriage from the political process, because we didn't have nearly enough straight support to win. That left our opponents with the political field to themselves while we busied ourselves in the courts. Not any more. We now have enough straight allies to win, long-term, in the political arena.
To judge from the protests, that's where we'll be going. Goodbye Thurgood Marshall, hello Martin Luther King. Goodbye Lambda Legal, hello ACT-UP. Sure, more love, less anger than in the AIDS days. But the protests, provided they are peaceful and don't turn hateful or anti-religious, point the way forward.
A friend in California writes:
The battle now is purely one in the culture. Against every instinct of our framers, we now have to fight for our rights (or this one, at least) in the political arena itself. That means the protests are the leading edge now, not the courts.
If more gay people in California and elsewhere draw that lesson from Prop 8, our loss won't have been in vain.
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Try a Little Learning
Digesting the bitter Prop 8 news, I'm disappointed and sad to have lost gay marriage in California. The adoption of a constitutional ban there has set back the cause by years. What's more frustrating, though, is what I'm hearing from people on our side. "This just shows why civil rights shouldn't be put up for a vote." Or: "We lost this one, but there are other courts to try." To me this translates as: "We're determined not to learn from defeat."
Not just one defeat. On gay marriage, we're now zero for 30 on state constitutional bans. Think about that. Has any other political movement in the history of the United States compiled such an unblemished record of total electoral annihilation? An introspective movement should be doing some fundamental rethinking at this point.
My suggestion: Rethink, first, the wisdom of mindlessly pushing lawsuits through the courts without adequately preparing the public. The result is gay marriage in two states-one of which, Connecticut, would soon have had it anyway-at the cost of a backlash which has made the climb much steeper in dozens of other states, and which, in some states, has banned even civil unions. The California debacle is particularly stinging. We already had civil unions there, and we were only one Democratic governor away from seeing those converted legislatively, hence less controversially, to marriages. First rule of politics: if you're winning anyway, don't kick it away.
Rethink, second, the strategy of telling the public that we're entitled to marriage by right and that anyone who disagrees is a discriminator or, by implication, a bigot. Some portion of the public, let's call it a third, agrees with that proposition, but a third isn't enough. As Dale Carpenter points out, another, let's say, third loaths homosexuality, but they're not winnable. The key is the middle group, people who oppose anti-gay discrimination but see gender as part of the definition of marriage, not as a discriminatory detail. We're going to have to persuade these people that gay marriage is a good idea. We're going to have to talk about gay marriage instead of changing the subject to discrimination. Bludgeoning them with civil-rights rhetoric isn't going to work. Not if it failed in the country's bluest state in a bright-blue year.
The gay marriage issue is not going to be decided over the heads of the American people, and no amount of comparing it to Brown vs. Board of Education or any other dubiously relevant precedent will change that. Too many gay heads are too strategically locked into a litigation-based mindset that has become counterproductive. Too many people forget that Martin Luther King was a persuader, not a litigator, and that the real breakthroughs came through Congress, not courts.
Addendum: A useful emendation here. In a perverse way, it cheers me up a bit to know that, pre-Prop 8, California was not as close to SSM as I thought.
More: A silver lining in Arizona, courtesy of commenter Throbert...