IGF CultureWatch

A California woman is suing the online dating service eHarmony, alleging it discriminates against gays, lesbians and bisexuals. The company claims its research was developed to match opposite-sex couples and that matching same-sex couples is "not a service we offer now based upon the research we have conducted."

Reason magazine's "Hit & Run" blog points out that this explanation may be dubious, since it has been widely reported that eHarmony's founder is an evangelical Christian who once had close ties to James Dobson's Focus on the Family. Still, blogger Katherine Mangu-Ward takes note of:

a rival site launched Friday catering exclusively to gay men. (It's called myPartnerPerfect.com, and offers its males-only service for just $37.95 a month, or $204 for a year).

Is eHarmony's exclusion of same-sex couples discriminatory, and if so isn't myParnterPerfect.com also guilty? Or do anti-discrimination cases of this sort go far astray from challenging egregious exclusion and end up engaging in tort for tort sake (a view expressed over at overlawyered.com) and serve mostly as a means to take umbrage over an evangelical-tinged group that doesn't want to invite us to their party?

A new Gallup poll shows that support for gay marriage is moving closer to 50%, but more people than not still think we're immoral.

The generational divide is clearly in our favor, however: 75% of 18-to-34-year-olds think that homosexuality is "an acceptable alternative lifestyle" vs. only 45% of those 55 and older.

But much more work remains to be done among churchgoers: Of those who attend church weekly, only 33% consider homosexuality to be acceptable vs. 74% of those who rarely or never attend services. Note to ACT-UP style activists: chanting "Bigot, bigot go away" isn't going to change that number. Supporting Soulforce, and those working for change within their own denominations, might.

North Dallas Thirty provides this roundup of much vileness from the anti-Bush left about Mary Cheney and Heather Poe's new arrival, mainly from comments on lefty blogs (rather than by the bloggers themselves).

Colorado Patriot makes the point that:

if the Gay Left were as dedicated to forwarding the message that gay and lesbian parents are just as loving and deserving of rights because they're just like any other family, they'd be praising the birth and looking for fans of the Vice President and his family to follow his loving example.

But that would be way too constructive and deviate unacceptably from the one true correct party line.

On the other hand, criticism of the exclusion of Mary and Heather from the widely disseminated grandparents + new baby grandson photo seems to be a valid point.

With more of us each day living our lives openly within our communities and marriage on the horizon, what are some progressive "queer" activists worried about? Losing their "outcast culture," as recounted in this broadcast NPR story.

According to reporter Tovia Smith, it pains some to see gays want to marry or join the military instead of "challenging the underlying premises of those organizations." It's "selling out." Smith characterizes this as "Angst over the end of the edginess, excitement and radical chic that has made gay culture distinct."

But what other minority gets asked by the liberal media, to paraphrase, now that you're not oppressed, aren't you worried that you'll no longer be fabulous? Fortunately, for balance, our own Jonathan Rauch tells Smith that being fabulous is not what most gay people worry about on most days.

Nostalgia for the glories of marginalization aside, denunciations of gay ordinariness are mostly about politics, specifically the left's attempt to corner the market on gay authenticity.

More. A Washington Post column contrasts marriage vs. "community":

Sarkisian and Gerstel believe that de-romanticizing marriage might provide a caution to gays and lesbians who seek equal rights to marriage as heterosexuals. "Gays and lesbians," they wrote, "once noted for their vibrant culture and community life, may find themselves behind picket fences with fewer friends dropping by."

Once, the American Civil Liberties Union was so committed to free speech that it defended the rights of neo-Nazis to march through a Jewish neighborhood. No more. As civil libertarian Wendy Kaminer argues in this op-ed, the ACLU has sharply backed away from the defense of speech that liberals don't like. Excerpt:

One of the clearest indications of a retreat from defending all speech regardless of content is the ACLU's virtual silence in Harper v. Poway, an important federal case involving a high-school student's right to wear a T-shirt condemning homosexuality.... The ACLU pays particular attention to the right to wear T-shirts with pro-gay messages in school, proudly citing cases in which it represented students wearing pro-gay (as well as anti-Bush) T-shirts."

The ACLU has a right to be a liberal-speech defense group, but it shouldn't claim to be (and raise money on the pretense of being) broad-based opponents of state censorship.

Of course, the broader issue in the above case here is government schools; at a nongovernment school, there's little doubt that administrators could follow parental wishes on limiting minors/students from wearing political messages in the classroom.

More. Remember when we were told that hate crimes laws apply to actions, not speech? Tell it to the Chicago teen in jail for distributing anti-gay fliers. And no, this kind of judicial over-reaction is not "good for gays," even those who misguidedly think the state should have total power to eliminate "hateful messages."

Eugene Volokh explains why this prosecution "strikes me as a very serious First Amendment problem."

Hans Johnson and William Eskridge look at The Legacy of Falwell's Bully Pulpit:

Gay advocates, gradually realizing that they could not beat him through vehemence alone, learned to seek out religious spokespeople, cultivate multiracial alliances and trade diatribe for discipline so as to use Falwell's polarizing statements to gain moderate supporters.

Hmm. Seems to me there is still far more diatribe than discipline among many gay activists, and Soulforce aside, too little reaching out to religious folks (or, for that matter, people of color) who aren't also lefties. Still, as Johnson and Eskridge correctly observe:

By speaking about gay people as outsiders, and even as disease-bearing strangers, he forced many Christians to look honestly at their congregations and reexamine the premise of their faith. By casting gays as threats to the survival of families, he forced parents, siblings and relatives of all kinds to reassess what values bind them together and how they care for one another.

And, from Ann Coulter, just what you'd expect.

How many times can you find the complete phrase "lesbian, gay, bisexual and transgender" in this short mission statement? Even worthy activism is made to sound like merely a politically correct exercise by this sort of ritualism.

Worse, the LGBT mantra assumes that important issues of identity and strategy have been resolved in favor of some mythic "LGBT community." This side steps a number of still highly debatable matters, such as whether bisexuals face discrimination only when they are perceived as gay-acting. And while transgendered individuals certainly endure prejudice and oppression, the issues confronted by those who range from heterosexual cross-dressers to post-op folks now legally the opposite gender of their birth (and thus who, for instance, can gender-appropriately marry) may be so different from the issues that confront gay people that assuming LGBT singleness becomes stunningly inappropriate.

But if you listen to mainstream LGBT organizational voices, those questions are settled and the matter closed.

What Giuliani could mean for the GOP: A best case scenario, via The New Republic's Thomas B. Edsall:

What if we are witnessing not Rudy moving toward the rest of the Republican Party, but rather the Republican Party moving toward Rudy? What if the salience of a certain kind of social conservatism is now in decline among GOP voters and a new set of conservative principles are emerging to take its place? What if Giuilianism represents the future of the Republican Party?

That's a lot of "what ifs," to be sure. But Edsall argues:

It isn't just average voters who are driving this shift; many members of the GOP elite-whose overwhelming concern is cutting taxes, a Giuliani forte-would privately welcome the chance to downplay, if not discard, the party's rearguard war against the sexual and women's rights revolutions. Much of the Republican Party's consulting community and country club elite always viewed abortion and gay rights as distasteful but necessary tools to win elections, easily disposable once they no longer served their purpose.

Well, disposing of GOP gay-baiting would be nice, but the nominating convention and election are a long ways away and it's unclear whether Giuliani, authoritarian personality streak and all, will blow this chance to save the GOP from itself.

Via columnist/blogger Ryan Sager: "The Republican presidential candidates have started to weigh in on the death of Jerry Falwell, noted bigot."

The archly conservative Washington Times covers the debate on same-sex marriage between David Blankenhorn and "open homosexual" Jonathan Rauch (the print issue ran a big picture of the latter on page 2). Excerpt:

At the [Ethics and Public Policy Center] event, Jonathan Rauch, a guest scholar at Brookings Institution and writer for the National Journal and Atlantic monthly, said Mr. Blankenhorn's arguments "lift the debate" but are ultimately flawed.

"I see same-sex marriage as flowing quite naturally and gracefully into what marriage has become today and indeed should be today: a commitment by couples to each other and their community-underscore 'and their community'-to care for each other and for their children, including non-biological children," said Mr. Rauch, an open homosexual who wrote the 2004 book "Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America."

"The kind of institution we want," he says, "includes public vows, in-laws, medical obligations and yes, divorce. Marriage is very hard to get out of and should be."

Marriage, Mr. Rauch says, has four essential social functions: the rearing of children; providing a transition to stable domestic life for young adults, particularly men; providing a "safe harbor" for sex; and providing lifelong caregivers for each other.

All homosexual unions meet three out of four of these goals, and homosexual couples with children meet four out of four goals, he says.

"Gay couples and the kids they're raising won't disappear," adds Mr. Rauch. If homosexuals cannot participate in the institution, the nation runs a great risk of increasing its number of nonmarital families and of marriage becoming stigmatized as discriminatory.

"In my view, the best way to encourage marriage is to encourage marriage," he says.