Step by Step

From the right-wing Washington Times: After demise of ‘don’t ask,’ activists call for end to military ban on transgenders:

The Servicemembers Legal Defense Network (SLDN), which pushed to end the military’s gay ban, is urging President Obama to sign an executive order prohibiting discrimination based on “gender identity.” . . .

A White House spokesman declined to provide Mr. Obama’s position on transgenders in the military, referring a reporter to the Pentagon. “Transgender and transsexual individuals are not permitted to join the military services,” said Pentagon spokeswoman Eileen Lainez.

Leaving aside the fairness or unfairness of the military policy, there’s little doubt, politically, that if certain leading LGBT lobbies had insisted that the “LGBT community” oppose repeal of “don’t ask, don’t tell” until transgendered people were also included, then repeal would have failed to get out of committee, blocked by Democrats and Republicans, just as was the case with the gender-identity-inclusive Employee Non-Discrimination Act. We can be thankful, in this instance, for the arbitrariness of political correctness. (And, I suspect, that L&G servicemembers weren’t going to let the “all at once or nothing at all” crowd call the shots on this one, although SLDN seems now to have found a new mission.)

Waiting for Equality

From the Washington Post, an overview of marriage equality and the courts:

The DOMA [Defense of Marriage Act] case is part of the legal wrangling that has slowed what once looked like a relatively timely showdown in the Supreme Court over same-sex marriage.

Gay and Lesbian Advocates and Defenders (GLAD), the group that has spearheaded legal challenges to DOMA, does not foresee any decision by the justices until 2013.

And the celebrated effort to recognize a constitutional right to same-sex marriage — led by the political odd couple of Democratic stalwart David Boies and former George W. Bush solicitor general Theodore Olson — is caught in a tangle of judicial procedures.

He’s Still Here?

Via Towelroad: HRC’s Joe Solmonese Submits Question to GOP Debate.

More. Will the future of the GOP be more akin to Santorum, or Brown?

I didn’t catch the debate and don’t have much to add to the general response to Santorum’s ugly, and misleading, characterization of gay servicemembers. The format of these debates certianly isn’t helpful—why not ask all the candidates the same questions? Ron Paul and Gary Johnson are against “don’t ask,” and it would be interesting to have seen Jon Huntsman reply.

Coalition Building, for Real

Effecting change in the GOP will take more than denouncements from left-leaning activists who’d cut off their hand before voting for a Republican under any circumstances. The Wall Street Journal reports on an interesting coalition regarding immigration:

[Free-market] Conservative, tea-party and libertarian groups have joined liberals in fighting a signature Republican bill in Congress that would crack down on illegal-immigrant workers. The legislation, they argue, would hurt businesses and employees while expanding government regulation.

Many LGBT activists have been peddling the line that small-government, low-tax tea party groups are racists, homophobic social reactionaries. That’s not only wrong, it’s counterproductive for long-term coalition building (but not so counterproductive if your goal is purely partisan).

DADT Is Ended

The repeal of the 1993 “don’t ask, don’t tell” law that banned gay military personnel from serving openly (or, really, even if they kept in the closet, given the escalation of witch hunts that preyed into emails, followed up hearsay, and tracked service members’ off-duty socializing) went into effect today, although opposition by the socially reactionary right continues.

The repeal measure was passed at the very end of the last Congress, just before the Democrats gave up control of the House, due in no small measure to this.

More. On Tuesday night, I attended a celebration by the National Log Cabin Republicans in D.C. marking the end of the ban. Addressing the gathering and speaking movingly about its meaning, with many references to individual liberty and liberty for all (that is, Republican language), were Sen. Susan Collins, Sen. Scott Brown, Rep. Richard Hanna, and Rep. Nan Hayworth. Also in attendance: former Reps. Jim Kolbe and Tom Davis.

As noted above, I believe that Log Cabin, with a national staff of three (yes, three!) played a critical role. Moreover, the true congressional heroes of the repeal were Sen. Collins and Sen. Joe Lieberman.

Sen. Majority Leader Harry Reid, it should be noted, never pushed for repeal or any other pro-gay equality legislation, but his role with “don’t ask, don’t tell” was particularly egregious. In late 2010, he insisted that the repeal bill be combined with an appropriations measure that the GOP was determined to block, and did with its filibuster. Reid then declared it was the GOP’s fault that the repeal failed. An incensed Sen. Collins and Sen. Lieberman demanded that a separate, stand-alone “don’t ask” repeal bill be brought forward, and the media glare forced Sen. Reid to capitulate. The stand-alone repeal was brought up for a vote and easily passed with the support of many senators, including Sen. Brown, who had voted against the combined appropriations/repeal bill.

Tonight, Sen. Collins shared that she simply couldn’t, at first, believe what Sen. Reid was doing (and then charged to the podium to protest the maneuver and its foregone conclusion—to no avail). It’s all politics, boys and girls. It’s all politics.

The history of “don’t ask” is full of the treacherous and soul-dead (during the Clinton era, then-Sen. Sam Nunn and Secretary of State Colin Powell stand out). And the heroes, especially the thousands of honorable gay and lesbian service members, many of whom had their careers—and in some instances their actual lives—destroyed. But there were political heroes, too, and Sen. Collins and Sen. Lieberman were at the forefront.

Furthermore. Reflections by commenter “another steve” hit the mark:

The Republicans are terrible, but the Democrats are often duplicitious. Some of the LGBT activists are so caught up in pro-party partisanship that you end up with HRC being silent on the non-movement of ENDA, which I believe could have passed (and if it failed with gender identity, it would most certainly have passed, with some GOP support, as a sexual orientation protection bill).

As for Reid, it is not just inaction. If only. Reid did not want DADT repeal to pass — too controversial, too much of a risk of backlash. But he realized that having failed to do anything about ENDA or DOMA, he would have to do something for the LGBT lobby (not that HRC would mind, but others were starting to make angry observations about what all that gay money and support was actually getting). So Reid devised a brilliant ploy — bring it up tied to a measure that Republicans were clearly going to kill, and then blame the GOP for killing DADT repeal. That way, no DADT repeal to be blamed on Obama and the Democrats, and the LGBT lobby is primed to give Democrats even more money and support for zip in return.

And it ALMOST WORKED. Much of the LGBT media and many Democratic activists were selling the line that Reid TRIED and the GOP killed repeal. It was duplicitious, dishonest, and dreadful, as Miller suggests. Fortunatley, some non-HRC progressives, along with Log Cabin and leaders such as Collins and Lieberman, wouldn’t buy the lie and forced Reid to send out the clean bill, which then (surprise, suprise) easily passed.

It is this sort of mendacity that Miller rails against. And it is the blind partisanship of some on the Democratic side that makes it possible.

Anticipating 2013

Cynthia Yockey writes in The Advocate:

LGBTs on the left have only about a year to learn the language of conservatism and persuade the conservative movement that we have an unalienable right to equality. That’s because conservatives now control a majority of state legislatures and probably will also control the White House and Congress come 2013.

Hmmm. Sounds like Cynthia has been reading this blog’s discussion of political language.

Meanwhile, GOP House Speaker Boehner’s defense of the Defense of Marriage Act won’t help. But his case seems so weak on the merits I anticipate a positive outcome, eventually, in the courts. Maybe in 2013.

Small Steps

Oregon’s Republican Party announced that it will strip antigay language from its 2012 platform, the Oregonian reports. Party spokesman Greg Leo said the change part of an effort to streamline the state GOP platform so it’s more attractive to a broader range of voters.

Oregon isn’t Texas, but eventually even the national GOP must realize that its anti-gay positions won’t win the support of future generations (but alas, not in this election cycle). The change will only happen when, as in Oregon, an effort is made to push the party in the direction it needs to go, for all our sakes.

More. The Cheneys Make Case for Marriage Equality. Yes, the man that so many on the left love to hate. And no, I’m not absolving W for backing the federal marriage amendment—a position that Cheney stated he disagreed with. Could he and should he have done more to buck his party on gay equality? Yes. But this still matters.

Mission Creep

From the Washington Blade:

LGBT advocates praised the initiatives President Obama set forth in his jobs speech Thursday night — even though his address made no direct reference to the lack of federal job protections for LGBT people. . . .

Obama campaigned on passage of the Employment Non-Discrimination Act — legislation that would bar such job bias against LGBT people in the public and private workforce — but the bill has languished for years and didn’t even see a committee vote in the last Congress when Democrats were in control of both the House and Senate. . . .

Despite the lack of any explicit mention, LGBT advocates praised the plan Obama unveiled on Thursday and said the policies would benefit all Americans — including LGBT people.

The mission is progressive big government. The goal is to enlist “LGBT people” as foot soldiers to (and funders of) the cause. Focusing on gay equality would be a distraction.

A New Day at HRC?

Joe Solmonese will step down as president of the Human Rights Campaign, the nation’s largest and wealthiest LGBT political lobby, when his contract expires next March.

My criticisms of HRC have dwelt on its becoming too much of a strategic arm of the Democratic party. I’ll just note that it would be nice if the HRC board would consider the possibility that come January 2013, the U.S. might have a Republican president and a Republican Senate and House. It would be useful to have an HRC head who had some ability to understand and make the conservative-libertarian argument for gay equality, rather than a hard core progressive Democratic partisan. But the chances of that happening are meager.

It could be a very long time before the Democrats again have the presidency and both houses of congress—the situation during the first two years of the Obama administration (with a Senate super-majority for the first year and and half). That more advantage of this wasn’t taken by HRC is a bit of a scandal. No congressional movement on repealing the Defense of Marriage Act or even the liberal priority (at least during the Bush years) of pushing the Employee Non-Discrimination Act. And I believe there would have been no administration/congressional movement to end Don’t Ask, Don’t Tell if the liberal blogosphere and several progressive activists hadn’t bucked the “be nice to Democrats” line and demanded that action be taken before the Republicans took the reins of the House in January (plus, significantly, the October 2010 advancement of the Log Cabin Republicans’ lawsuit). HRC’s tune, instead, has been to play nice with the party that they so closely identify with.

Now I realize the GOP harbors fierce opponents of gay rights. Some of my critics seem convinced that this fact means that the LGBT movement should be in the business of advancing the party of the left. I think that’s the wrong take-away. We won’t have gay equality in the U.S. until both parties are on board. Writing off the GOP instead of lobbying it—and doing so by speaking its language of individual liberty (protection from government), not the left’s language of group rights (bestowed by government)—is not going to help get us there from here.

More. Being able to “speak the language” is important. The U.S. Supreme Court’s ruling in Lawrence v. Texas, overturning state sodomy laws, was written by Justice Kennedy, a Reagan-appointee. He repeatedly cited an amicus brief filed by the libertarian Cato Institute, primarily making a constitution-based individual liberty case, and ignored the brief co-filed by HRC (which focused on “victimhood” issues such as asserting that sodomy laws provoked violence against gays as a group).

But in politics just speaking the language isn’t enough. The ability to mobilize support is what earns the attention of politicians. That requires money and ground operations, and a willingness sometimes to cross party lines (as the National Rifle Association did by endorsing the re-election of Senate Majority Leader Harry Reid).

Furthermore. David Boaz of the Cato Institute hails, in his blog post How Judges Protect Liberty:

four federal judges who had courageously and correctly struck down state and federal laws:
• Judge Martin L. C. Feldman, who blocked President Obama’s moratorium on oil drilling in the Gulf of Mexico;
• Judge Susan Bolton, who blocked Arizona’s restrictive immigration law;
• Judge Henry Hudson, who refused to dismiss Virginia’s challenge to the health care mandate; and
• Judge Vaughn Walker, who struck down California’s Proposition 8 banning gay marriage.

That’s a political perspectives that’s neither beholden to left nor right.