Set Him Free.

For those who think sodomy laws never really hurt anyone, here's an example of how the Lawrence ruling is already making a different. As the Washington Post reports, the Supreme Court on Friday vacated the sodomy conviction of a Kansas teenager who received a 17-year sentence for having consensual sex with a younger teenage boy. Matthew R. Limon had just turned 18 when the relationship with a 14-year old took place. Had his partner been a girl, the sentence would have been no longer than 15 months under Kansas law -- which has a "Romeo and Juliet" exception for opposite-sex teens -- instead of the 17 years that Limon received.

Matt Limon has been in jail for two years. The ACLU is now asking the Kansas court simply to order his release and put an end to this miscarriage of justice.

Hypocrisy Alert.

Many conservative officials and groups denounced the Lawrence ruling as a violation of states' rights. For example, Virginia Attorney General Jerry Kilgore had this to say on the overturning of his state's sodomy law:

"I disagree with the ruling and am always disappointed when a court undermines Virginia's right to pass legislation that reflects the views and values of our citizens."

Right-wing organizations taking the states' rights line include (and thanks to IGF's Mike Airhart for this list and links): the American Family Association, Concerned Women for America, Exodus International,
the Family Research Council, and the Liberty Counsel.

But many of those who favor the right of states to pass laws criminalizing same-sex relations are already supporting (or expected to support) a proposed amendment to the U.S. Constitution that would bar all states from recognizing same-sex marriages, or perhaps even civil unions -- despite the will of a majority of the state's citizenry and the desire of the states' legislatures. So much for states' rights when the shoe is on the other foot!
Stephen H. Miller

Set Him Free.

For those who think sodomy laws never really hurt anyone, here's an example of how the Lawrence ruling is already making a different. As the Washington Post reports, the Supreme Court on Friday vacated the sodomy conviction of a Kansas teenager who received a 17-year sentence for having consensual sex with a younger teenage boy. Matthew R. Limon had just turned 18 when the relationship with a 14-year old took place. Had his partner been a girl, the sentence would have been no longer than 15 months under Kansas law -- which has a "Romeo and Juliet" exception for opposite-sex teens -- instead of the 17 years that Limon received.

Matt Limon has been in jail for two years. The ACLU is now asking the Kansas court simply to order his release and put an end to this miscarriage of justice.

Hypocrisy Alert.

Many conservative officials and groups denounced the Lawrence ruling as a violation of states' rights. For example, Virginia Attorney General Jerry Kilgore had this to say on the overturning of his state's sodomy law:

"I disagree with the ruling and am always disappointed when a court undermines Virginia's right to pass legislation that reflects the views and values of our citizens."

Right-wing organizations taking the states' rights line include (and thanks to IGF's Mike Airhart for this list and links): the American Family Association, Concerned Women for America, Exodus International,
the Family Research Council, and the Liberty Counsel.

But many of those who favor the right of states to pass laws criminalizing same-sex relations are already supporting (or expected to support) a proposed amendment to the U.S. Constitution that would bar all states from recognizing same-sex marriages, or perhaps even civil unions -- despite the will of a majority of the state's citizenry and the desire of the states' legislatures. So much for states' rights when the shoe is on the other foot!

A Victory for Liberty.

Don't think that yesterday's landmark Supreme Court ruling overturning sodomy laws is just a victory for gay folks. This Cato Institute press release calls it a "victory for the pursuit of happiness" for all Americans. Says Cato's Roger Pilon:

I'm delighted that the Supreme Court did today what it should do in all cases - stand for liberty, against majoritarian tyranny. Today's decision is not a victory for alternative lifestyles alone. Because it has far-reaching implications, it is a victory for liberty itself and hence for everyone, gay and straight alike.

The state of Texas argued that its inherent police power authorized it to police morals. But the state has no such authority. State police power is meant to secure rights. Plaintiffs Lawrence and Garner were violating no one's rights. What they were doing was no more the business of the state than it was of any neighbor.

Moreover, the Fourteenth Amendment recognizes rights against such state actions. In reaching that conclusion today, the Court may have taken the first step toward a Fourteenth Amendment jurisprudence that is rooted at last in the amendment's first principles.

Cato, a libertarian-mined policy institute, filed a legal brief that was cited twice by Justice Kennedy in his majority decision.

Gearing Up to Strike Back?

The hard right isn't going to take this lying down. Along with Justice Scalia, religious right groups are painting the anti-sodomy ruling as part of an offensive for gay marriage. In the words of the Family Research Council:

The radical homosexual lobby will seek to apply the logic, extending a blanket privacy protection over one's choice of sexual partner to one's choice of marital partner as well -- regardless of sex.

Expect to see a renewed push for a constitutional amendment to bar same-sex matrimony.

A Non-Word from the President.

As I predicted, President Bush -- eager not to offend the religious right, but not to seem too close to them, either -- is keeping mum. From the daily press briefing with White House spokesman Ari Fleischer:

Q: And on the Texas sodomy case, does the President believe that gay men have the legal right to have sexual relations in the privacy of their own home?

MR. FLEISCHER: I think on this decision, the administration did not file a brief in this case, unlike in the Michigan case. And this is now a state matter.

Q: So he has no position on this?

MR. FLEISCHER: It's just as I indicated, the administration did not file a brief on this -- as, I think, you know.

He's not touching this with a 10-foot pole! But rightwing activists will attack him anyway for not rallying to their cause.

Scalia Doesn't Like Us.

A letter in the our Mail Bag says that the press truncated and thus distorted Justice Scalia's remark in his dissent as "I have nothing against homosexuals." What Scalia actually wrote was "Let me be clear that I have nothing against homosexuals, or any other group, promoting their agenda through normal democratic means."

As the letter notes, "In reading Scalia's dissent, it is evident that he has a great deal against homosexuals." Clearly.

Check out all our current letters, and add your own!

Great Day in the Morning.

The Supreme Court strikes down sodomy laws! CNN reports on the 6-3 ruling:

The majority opinion, written by Justice Anthony Kennedy, appears to cover similar laws in 12 other states and reverses a 1986 high court ruling upholding sodomy laws. Kennedy wrote that homosexuals have "the full right to engage in private conduct without government intervention." ... "The state cannot demean their existence or control their destiny by making their private sexual conduct a crime," Kennedy wrote.

"The court has largely signed on to the so-called homosexual agenda," growled Justice Scalia, who wrote for the three dissenters who think the state should be allowed to barge into you bedroom in the middle of the night and drag you to prison for engaging in adult, consensual, noncommercial sexual relations. Scalia, AP reports, took the unusual step of reading his dissent from the bench. "The court has taken sides in the culture war," Scalia said, adding that he has "nothing against homosexuals." How nice.

Added benefit: Rick Santorum and his ilk can't keep saying that they're just echoing the Supreme Court when mouthing their bigotry. The new interpretation of the law of the land:

"The central holding of Bowers [v. Hardwick] has been brought in question by this case, and it should be addressed. Its continuance as precedent demeans the lives of homosexual persons. ... Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled."

Here's a wonderful observation from the New York Times discussion board. As you read it, keep in mind that Justice Kennedy was a Reagan appointee.

The Ruling.

The full decision is now online. Of the six justices ruling against the Texas sodomy law, five joined Justice Kennedy in overturning Bowers v. Hardwick outright, basing their decision on the Due Process Clause. As Kennedy wrote, "Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions."

Justice O'Connor concurred in overturning the Texas law, which applied only to same-sex sodomy, but did not join the Court in overturning Bowers. Basing her concurring judgment instead on the Fourteenth Amendment's Equal Protection Clause, O'Connor would not have ruled on sodomy laws that apply to both homosexuals and heterosexuals (if "neutral both in effect and application"), and instead would have only overturned statutes that targeted homosexuals exclusively. Given that she originally was part of the majority in the Bowers decision, that's not surprising.

O'Connor took pains to note that finding same-sex sodomy laws unconstitutional under the Equal Protection Clause "does not mean that other laws distinguishing between heterosexuals and homosexuals would similarly fail under rational basis review," and -- in a nod to both military policy and marriage -- wrote: "Texas cannot assert any legitimate state interest here, such as national security or preserving the traditional institution of marriage."

Those battles will continue to be waged on their own terms, but despite O'Connor's caveat today's ruling can't help but raise the legal bar for justifying discriminatory practices against gays and lesbians as "rational" rather than merely based on prejudice. This is a huge victory.

Scalia's Case for Same-Sex Marriage.

In his rage against the overturning of Bowers v. Hardwick, and thus state sodomy statutes, Justice Scalia has managed to deliver a series of strong arguments in favor of same-sex matrimony. He fumes in his dissent to Lawrence, a la Rick Santorum:

"State laws against bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity are likewise sustainable only in light of Bower's validation of laws based on moral choices. Every single one of these laws is called into question by today's decision [overturning Bowers]."

Taking on Justice O'Connor's concurring opinion based on the Equal Protection Clause, he argues that the Texas sodomy statute:

"...does distinguish between the sexes insofar as concerns the partner with whom the sexual acts are performed: men can violate the law only with other men, and women only with other women. But this cannot itself be a denial of equal protection, since it is precisely the same distinction regarding partner that is drawn in state laws prohibiting marriage with someone of the same sex while permitting marriage with someone of the opposite sex."

And, he adds for good measure, "This reasoning leaves on pretty shaky grounds state laws limiting marriage to opposite-sex couples."

So Scalia thinks overturning Bowers opens the way to gay marriage. But could this be meant as ammunition in the right's push for a constitutional amendment barring same-sex marriage?

Recent Postings

06/15/03 - 06/21/03

Marriage-Go-Round.

The legalization of same-sex marriages in Canada, plus impending legal decisions from Massachusetts and New Jersey regarding same-sex couples seeking to wed, puts marriage front and center on the Culture War front -- even as we await the Supreme Court's ruling on whether state sodomy laws that outlaw mere sexual relations between gay partners are constitutionally permissible.

Peter Steinfels, who covers the religion beat for the New York Times, traces some of the fault lines in the marriage debate (at least among the non-wackos in the religious community) in A Too-Hot Topic. Among others, he quotes David Blankenhorn, director of the Institute for American Values, who remarks: "People who haven't had much positive to say about marriage are suddenly enthusiastic, as long
you put the words 'same sex' in front of it."

True, to some extent. But "Gay marriage isn't a repudiation of the values conservatives prize. It's an affirmation," writes syndicated columnist Steve Chapman in Embracing Age-Old Monogamy, via the Chicago Tribune.

Over at the libertarian-minded Reason magazine, Cathy Young opines in Gay Rights Go To Court that:

Until attitudes change, gays have a difficult road to travel. There will be clear-cut victories for human dignity, freedom, and privacy, such as the likely demise of sodomy laws. And there will be complicated and frustrating compromises on issues like marriage.

Well, no one ever said life was meant to be easy.

Equal Time.

Having noted a column over at Tech Central Station that defended the none-too gay friendly views of Sen. Rick Santorum, the Tech Central folks point out they've also run several pieces critical of Santorum, including Democratic Plant
("The only explanation") by James Pinkerton, and
Information Sexternalities ("It's not like incest at all") by James D. Miller. Plus lots of other interesting views on politics and culture with a pro-liberty streak make this site worth checking out.

Internally Conflicted

I missed this, but andrewsullivan.com pointed out a Washington Times op-ed by conservative commentator Jonah Golberg that offered this observation:

Earlier this month, Attorney General John Ashcroft reportedly tried to cancel a scheduled Gay Pride Month celebration at the Department of Justice for lesbian and gay employees. He failed. Despite pressure from social conservative activists, DOJ reversed course in the face of protests from gay groups and a sympathetic media (and, probably, pressure from the White House).

When the most famous and powerful member of the Religious Right in the U.S. government can't stop a gay pride event in his own office building, held by his own employees, you know that social conservatives are losing this fight.

It's too soon to declare victory and the looming marriage battle is sure to be tumultuous -- but that the trend of history is toward greater freedom can't be denied.
--Stephen H. Miller

Recent Postings

06/15/03 - 06/21/03

Marriage-Go-Round.

The legalization of same-sex marriages in Canada, plus impending legal decisions from Massachusetts and New Jersey regarding same-sex couples seeking to wed, puts marriage front and center on the Culture War front -- even as we await the Supreme Court's ruling on whether state sodomy laws that outlaw mere sexual relations between gay partners are constitutionally permissible.

Peter Steinfels, who covers the religion beat for the New York Times, traces some of the fault lines in the marriage debate (at least among the non-wackos in the religious community) in A Too-Hot Topic. Among others, he quotes David Blankenhorn, director of the Institute for American Values, who remarks: "People who haven't had much positive to say about marriage are suddenly enthusiastic, as long
you put the words 'same sex' in front of it."

True, to some extent. But "Gay marriage isn't a repudiation of the values conservatives prize. It's an affirmation," writes syndicated columnist Steve Chapman in Embracing Age-Old Monogamy, via the Chicago Tribune.

Over at the libertarian-minded Reason magazine, Cathy Young opines in Gay Rights Go To Court that:

Until attitudes change, gays have a difficult road to travel. There will be clear-cut victories for human dignity, freedom, and privacy, such as the likely demise of sodomy laws. And there will be complicated and frustrating compromises on issues like marriage.

Well, no one ever said life was meant to be easy.

Equal Time.

Having noted a column over at Tech Central Station that defended the none-too gay friendly views of Sen. Rick Santorum, the Tech Central folks point out they've also run several pieces critical of Santorum, including Democratic Plant
("The only explanation") by James Pinkerton, and
Information Sexternalities ("It's not like incest at all") by James D. Miller. Plus lots of other interesting views on politics and culture with a pro-liberty streak make this site worth checking out.

Internally Conflicted

I missed this, but andrewsullivan.com pointed out a Washington Times op-ed by conservative commentator Jonah Golberg that offered this observation:

Earlier this month, Attorney General John Ashcroft reportedly tried to cancel a scheduled Gay Pride Month celebration at the Department of Justice for lesbian and gay employees. He failed. Despite pressure from social conservative activists, DOJ reversed course in the face of protests from gay groups and a sympathetic media (and, probably, pressure from the White House).

When the most famous and powerful member of the Religious Right in the U.S. government can't stop a gay pride event in his own office building, held by his own employees, you know that social conservatives are losing this fight.

It's too soon to declare victory and the looming marriage battle is sure to be tumultuous -- but that the trend of history is toward greater freedom can't be denied.
--Stephen H. Miller

Yet Still More Balancing by Bushies.

This headline from the Missoulian (of Montana) says it all: Racicot takes Bush campaign helm: GOP gays applaud, Christian right boos. As the story reports:

Rumors that [Marc] Racicot would lead the re-election campaign have already provoked much gnashing of teeth among Christian conservatives who oppose Racicot's efforts to bring homosexuals into the Republican family. "

"Marc Racicot is so out-of-touch with George W. Bush's most loyal and committed voters that his qualifications to serve as chairman of the president's re-election campaign must be seriously questioned," Family Research Council president Ken Connor wrote in a May 15 e-mail. "Mr. Racicot appears to be utterly tone deaf -- or openly hostile -- to the concerns of the GOP's pro-family voters."

Give a little to the religious right (by ending official sponsorship of the Dept. of Justice's gay pride), and take a little in the hope of widening your appeal to centrists and independents. That's the Rove (er, Bush) strategy.

Why the Right's Not Right.

The interesting Tech Central Station website has a column by a U of Texas at Arlington prof titled Why Liberals Think Conservatives Are Stoopid. Unfortunately, it's a pretty shallow piece that even seeks to defend Sen. Rick Santorum's pro-sodomy law comments. The column triggered some interesting online comments, though, and I think this fellow's remarks get it just about right:

Sen. Santorum did not merely say that if the Supreme Court held that states lack a right to pass sodomy laws, they would also lack a legal basis to pass laws against incest, bestiality, etc. (and, by the way, Texas abolished its laws against bestiality at the same time it PASSED a same-sex only sodomy law).

What Santorum went on to say was that he personally supported state sodomy laws, that states should have the right to enact them or not, but he favored enacting them. That is, he believes gay people should be treated as a criminal class. THAT's what created much (albeit not all) of the storm of protest. THAT's why you could mock the idea that Sen. Santorum is an 'inclusive' man. THAT's why he was called a bigot.

Right on.

Confronting the Phobes.

Over at the conservative Frontpagemagazine.com website, my article Gay Activists and Religious Conservatives: Through the Looking Glass has triggered some heated online comments. A defender of my views, who posts under the name "Kansas," has taken on some of the more vehement religious rightists and even encouraged IGF's own John Corvino to enter the fray with this amusing posting that's well worth reading.

Waiting for the Supremes.

IGF contributing author Carolyn Lochhead writes in the San Francisco Chronicle that the upcoming Supreme Court sodomy decision may put Bush in a bind, if the religious right goes bonkers over a ruling that throws out same-sex sodomy laws (as is, in fact, widely anticipated). She quotes Ken Connor, president of the conservative Family Research Council, who says:

"Regardless of their desires to the contrary, Republicans will not be able to duck-and-cover on this issue." -- "The debate will elevate to a white-hot temperature about what the role of marriage is in society."

Yet, writes Lochhead,

Gay Republicans and social conservatives alike predict the Bush administration will try to avoid comment on the high court's ruling, however it comes out. "They are very disciplined in their message and in their priorities, and they would probably rather avoid getting mired in this issue, but I'm not certain they'll be able to avoid it," said a leading gay Republican close to the administration.

Reality check time: I strongly suspect the religious right has wildly overestimated public interest in sodomy laws -- and, in fact, John and Jane Q. Public would for the most part be surprised to learn that these musty old statutes are even still on the books. Anti-gay activists can howl all they want that ruling against sodomy laws is somehow an assault on hetero marriage, but it's clearly a stretch. The fight over marriage rights will be controversial and bruising, but sodomy laws will go out with a whimper, not a bang.

Recent Postings

06/08/03 - 06/14/03

Expressive Association.

Clint Bolick of the libertarian-minded Institute for Justice, in this Washington Post op-ed, provides some sharp-eyed analysis of conservatives who support freedom of association for the Boy Scouts when they want to exclude gay scoutmasters despite anti-discrimination laws, but oppose freedom of association for gay partners who choose to have intimate relations. Likewise, he takes aim at liberals who believe gay partners should have the right to private sexual relations despite anti-sodomy laws, but want the government to force the Boy Scouts to allow gay scoutmasters.

Bolick, of course, would bar the state from intruding into either realm, and writes:

Gays and Lesbians for Individual Liberty, represented by my organization, the Institute for Justice, submitted a brief disdaining the Boy Scouts' discriminatory policies but defending their right to maintain them. The brief argued that "[w]hile a creeping infringement of [freedom of association] would harm all Americans, it would particularly threaten the welfare of gay and lesbian Americans, who have historically suffered when government has not respected citizens' right to gather together free from government harassment."

Which is exactly what John Lawrence and Tyron Garner discovered when Texas police raided their dwelling on other grounds and arrested them for engaging in homosexual conduct.

Good point. By the way, this New York Times op-ed also urges the Supremes to rule against sodomy statutes, but while law professor Laurence Helfer scores some valid points it's pretty much preaching to the liberal choir. The Washington Post piece at least tries to address conservatives on their own terms.
--Stephen H. Miller

Pryor Problems.

One of the problems with the Democrats' partisan judicial filibusters is that when a federal court nominee comes along who should be stopped, they no longer have any ammunition left. The Senate Democrats, after all, are already pulling out all the stops to derail federal bench nominees Miguel Estrada because he's a conservative Hispanic (with no anti-gay record, by the way) and Priscilla Owens (for, they argue, being too "pro-business" and upholding parental notification for minors who want abortions). Now along comes Alabama Attorney General William Pryor, nominated to the 11th U.S. Circuit Court. Pryor is so bad the Log Cabin Republicans have come out against his confirmation. A advocate for sodomy laws that criminalize homosexual sex, Pryor once rescheduled a family vacation to Disney World in order to avoid Gay Day.

Yes, the Democrats may still filibuster -- but having spent so much of their capital against judicial nominees who, politics aside, should have easily been confirmed, they now have little credibility to make a moral stand when it's needed.

The Storm to Come.

The U.S. media still doesn't get the historic impact of Canada's allowing same-sex marriages. The Washington Post reported North America's first legal same-sex weddings on page A25. Unlike Vermont's civil unions, which are separate and distinct from heterosexual marriages (sort of "marriage lite"), the Canadians have incorporated gays and lesbians fully under their existing marriage laws.

Canada will perform marriages for U.S. citizens, who will then return home and sue to have their unions legally recognized by their states, which means challenging the federal Defense of Marriage Act (and, depending on where they reside, state DOMAs) as unconstitutional. That's when the fun will really begin. Also, if mutual recognition of marriages is the subject of a U.S.-Canadian treaty, that could also be a factor.

IGF contributing author Dale Carpenter warns a backlash could be brewing, and advises that a go-slow, state by state approach might be the best way to avoid a contstitutional amendment banning gay marriage altogether.
--Stephen H. Miller

A North American First (But Not the Last).

Toronto is about to start issuing marriage licenses to gay couples after Ontario's highest court set aside the heterosexual-only definition of marriage as unconstitutional. Canada's -- and North America's -- first post-decision legal gay marriage ceremony is scheduled for Tuesday afternoon between two men who had been among those who had brought the legal case, Reuters reports. And retroactively the court decision also recognized two other gay marriage ceremonies that had taken place in Toronto in 2001, declaring those unions valid. Here's a link to the opinion itself.

This is big news, though it seems to be under the radar of most U.S. news operations as of Tuesday evening. Of course here in the U.S., land of the Clinton-signed federal Defense of Marriage Act (DOMA) and so many state DOMAs to boot, it's unlikely to have an immediate impact -- except as a galvanizing force for gay marriage advocates.

The big deal here would be if Massachusetts' highest court were to legalize same-sex marriage in a ruling expected this summer. But however that decision comes down, the marriage revolution is underway.

The Show Goes On.

Some positive domestic news: The Department of Justice (DOJ) is reversing its decision to ban a gay employees group from holding its annual pride event onsite -- although the DOJ Pride get-together won't have the sponsorship of the department as it has in the past, and as other events currently do, says the Human Rights Campaign.

Last year's DOJ Pride event featured a department-sponsored speech by Deputy Attorney General Larry Thompson to roughly 150 employees, causing religious conservatives to go ballistic. Fearing the religious right's wrath, it was decided that no gay pride event could be held this year on DOJ premises -- despite prior promises from Attorney General John Ashcroft. But that decision produced an outcry from gay activists and the publicity made the Bush administration appear intolerant, and so now the partial reversal follows as the department relents and the pride event goes forward.

Gays are unhappy about the lack of official sponsorship, while anti-gays are unhappy the event wasn't banned outright. So what's new?

My Latest.

David Horowitz's conservative Frontpagemagazine.com site has published an essay of mine called Gay Activists and Religious Conservatives: Through the Looking Glass, which elaborates on the gay vs. religious right battle WITHIN the GOP. If you have the stomach, you can also peruse the readers' comments, which range from "this is sick" to "this is (almost) coherent."
--Stephen H. Miller

Recent Postings

06/01/03 - 06/07/03

Gay Activists and Religious Conservatives: Through the Looking Glass

First published June 10, 2003, in FrontPage Magazine.com. This is a substantially revised version.

Curiouser and curiouser. Take the charge hurled by gay activists that the Bush administration is irredeemably "anti-gay" and compare it with accusations by religious conservatives that the administration has been "pandering to the homosexual lobby" and it can leave you feeling like you've taken a tumble through Alice's mirror. It's verdict first, trial later, and let's all enjoy the tea party as long as we're sure to only talk amongst ourselves.

"I believe marriage is between man and woman, and I think we ought to codify that one way or another" President Bush said on July 30. No surprise there, say gay activists. He's an anti-gay conservative.

But someone forgot to tell the anti-gay conservatives! They don't see Bush as being on their side at all. In fact, they view the marriage amendment as his last chance to redeem himself.

Rich Lowry, editor of the conservative National Review, recently wrote an op-ed for the Washington Post titled "The President Keeps His Distance," complaining that George W. is missing in action on the culture war front - especially in not being more vigilant in opposing gay marriage. As Lowry writes:

When Bush was asked about gay marriage, you got the feeling he would have preferred not to be asked at all. … This is a loss for those of us who are conservatives. It means that, on important issues, a crucial player isn't fully engaged.

Lowry and his conservative kind wish Bush would be more like anti-gay big-mouth Sen. Rick Santorum of Pennsylvania. The gay left refuses to see any distinction between the two. Maybe they should start reading the rightwing press.

After all, it's fair enough to criticize the president for, like Bill Clinton, supporting efforts to outlaw government recognition of gay marriage. But the National Gay and Lesbian Task Force missed the boat with its press release. "It is unbecoming of the President of the United States to characterize same-sex couples as 'sinners,'" said Matt Foreman, the Task Force's new executive director. But what Bush actually said was this:

"Yes, I am mindful that we're all sinners. And I caution those who may try to take the speck out of the neighbor's eye when they've got a log in their own. I think it's important for our society to respect each individual, to welcome those with good hearts, to be a welcoming country. On the other hand, that does not mean that somebody like me needs to compromise on the issue of marriage."

So Bush said we're ALL sinners, and then castigates critics of gays for not focusing on their own sinfulness and for their lack of respect toward others. A Bush spokesman later added, when asked if Bush considers homosexuality a sin, that someone's sexual orientation is "personal business in the president's view."

Foreman was overwrought when he concluded Bush is "obviously desperate to keep the country's focus off the war in Iraq and the dismal state of the economy, and he's willing to do it on the backs of gay men and lesbians, even if it means proposing legislation that already exists as law." Foreman's antipathy toward the president is so strong he couldn't hear the criticism of the religious right in Bush's remarks.

Is Everything Bush Does Anti-Gay?

How distorted can the views of both the gay left and the social right be? Let's take a look at some the recent rhetoric of "progressive" gay activists. Gay-negative actions by the Bush administration have been said to include the faith-based initiatives, which are "a threat to gay people" according (again) to the National Gay & Lesbian Task Force. The NGLTF also views welfare reform reauthorization as anti-gay, since "the Republican bill provides funds for 'healthy marriage promotion activities' and 'fatherhood programs.' … We need a bill that is sensitive to the needs of GLBT [gay, lesbian, bisexual, transgender] people."

Here's another typical view from the gay left, from Gay City News:

The Bush administration and some Republican members of Congress are signaling that they will advance legislation which could override existing state and local laws that ban discrimination based on sexual orientation and gender identity.

"It's exactly what we've been afraid of," said Lorri L. Jean [who was then NGLTF's executive director]. "The Bush administration now thinks it has carte blanche to run roughshod over the GLBT community and others."

Or Is Bush Pandering to Gays?

So is the Bush gang an anti-gay clique? Far from it, claim religious conservatives, who first made clear their displeasure with the administration's openly gay appointees, including career-diplomat Michael Guest to serve as ambassador to Romania. But the most impassioned round of infighting started over the now-notorious remarks by Sen. Santorum, which gay activists saw as revealing latent fascism in the GOP, while religious conservatives viewed the president's defense of Santorum as unacceptably tepid.

Santorum's comments supporting so-called "sodomy laws" that criminalized adult, consensual homosexual relations and his prediction that that if the Supreme Court were to overturn such laws (as they soon would do), then there would be no legal basis for states to outlaw incest, bestiality, adultery, and polygamy provoked a firestorm of criticism from gay activists and liberals. Yet here's what White House Press Secretary Ari Fleischer had to say, providing the official response:

"The president has confidence in Senator Santorum, both as a senator and as a member of the Senate leadership."

Asked about the president's views on homosexuality, Fleischer said a person's sexuality is "not a matter that the president concerns himself with" and that he judges people on how they act as a whole. Bush subsequently praised Santorum as "an inclusive man," without elaborating.

The dog that didn't bark here was any hint of support for Santorum's views favoring sodomy laws and his belief that consulting adults are not entitled to sexual privacy in their bedrooms. So it's not surprising that religious conservatives were upset. In the words of the Family Research Council:

Beyond a few tepid statements of personal support for Sen. Santorum, no prominent national GOP leader seems willing or able to mount a spirited, principled defense of marriage and family.

The question naturally arises: Have Republican leaders been so intimidated by the smear tactics of the homosexual lobby and its Democratic attack dogs that they are cowering in silence?

And, ominously:

If Republican leaders cannot mount a vigorous defense of marriage, then pro-family voters perhaps should begin to reconsider their loyalty to the party.

On the heels of the Santorum blowup another brouhaha erupted when then GOP National Committee Chairman Marc Racicot, who went on to head the 2004 Bush-Cheney re-election effort, met with the Human Rights Campaign, the nation's largest gay political lobby. A subsequent meeting was held between lower-level administration officials and the gay Log Cabin Republicans. Again, in the words of the Family Research Council:

Despite repeated assurances, both public and private, that the party has no intention of abandoning its commitment to the sanctity of marriage and the family, the White House and the GOP continue to court radical homosexual groups that agitate for policies that would destroy both of these indispensable social institutions. ... This incessant pandering to the homosexual lobby is deeply troubling.

Racicot later met with a group of social conservatives opposed to gay rights legislation who were enraged over his earlier get-together. One high-level social conservative attendee, Paul Weyrich, posted a missive on the Free Congress Foundation's website under the title "A Fatal Flirtation: The GOP and the Homosexual Movement." Reported Weyrich:

In many different ways the group stressed that if the Republican Party drifts toward the homosexual agenda, it will alienate the millions in the religious right while gaining very few from the homosexual community. ...

Chairman Racicot defended his meeting with the Human Rights Campaign by saying "I meet with anyone and everyone." Gary Bauer said that certainly was not true because surely he would not meet with the Ku Klux Klan. Rev. Wildmon asked if he would meet with NAMBLA (The North American Man Boy Love Association). The chairman was not familiar with this group, which advocates sex between men and young boys. The chairman said he would not meet with such an "aberrant" group. He was also asked about GLSEN, the group that is pushing pro-homosexual and pro-transgender education programs in the schools, including elementary schools. Again, the chairman professed ignorance.

This couldn't have been a fun meeting for Racicot, who has good relations with the Log Cabiners. So why did he do it? For one thing, while Americans do not support gay marriage, most polls over the past few years - including a 2003 Gallup poll - suggest that a welcoming attitude toward gays can be a winning strategy. For instance, almost 9 out of 10 Americans agree that homosexuals should have equal rights in terms of job opportunities.

Also, exit polls showed 4% of voters in 2000 self-identified as gay or lesbian (and nearly 75% voted for the Democratic Gore-Lieberman ticket). Exit polling in congressional elections have showed a gay electorate of more than 5%. That's a larger demographic than the Jewish vote. Even shaving just a small slice away from Democrats could prove pivotal to cementing the GOP's status as the majority party. Moreover, many independents are turned off by anti-gay rhetoric, negatively viewing it as a broader barometer of intolerance.

Yet the FRC spent a week recently using its website to expose the Bush administration's ties to the "homosexual agenda." One online installment was "Homosexual Lobby: Follow the Money" - which, apparently, leads to Republican coffers. What better example of how the religious right's paranoia mirrors the gay left's dementia?

Whose Got the Bloc?

Here's one final, revealing example of the administration's ongoing balancing act. In June 2003, the administration tried to make a symbolic move to appease its Christian-right critics: the Department of Justice decided not to allow DOJ Pride, an association of gay employees, to hold its annual "pride month" event on Justice Department property. The year before, Deputy Attorney General Larry Thompson spoke briefly at the event - outraging religious conservatives.

But the apparent move against DOJ Pride produced an outcry from gay activists and the publicity made the Bush administration appear intolerant, and so a partial reversal followed. But gays were unhappy about the lack of official sponsorship, while anti-gays were angry the event wasn't banned outright. So what's new?

Not so widely reported is that during his 2001 confirmation hearings, Attorney General John Ashcroft told the Senate Judiciary Committee he would allow DOJ Pride to use the agency's facilities on the same basis as its other employee groups. This followed nominee Ashcroft's meeting with the Log Cabin Republicans, who - to the chagrin of gay Democrats, then supported Ashcroft's confirmation.

But politics is more about who can deliver the most for you today than it is about honoring promises. And GOP administrations will only make real gestures of inclusion toward gays and lesbians when more gays and lesbians support Republicans - and thus are able as a bloc to counter the threats of religious right activists to tell their brethren to stay home on election day. On the other hand, more gays and lesbians will support the GOP only when the party stops being so clearly identified with its religious right constituency's hostility toward gays - an unfortunate paradox.

Clearly, the GOP is not going to win over the hearts and minds of gay leftists, but that's not who they're aiming to attract. Rather, it's the growing constituency of gay (and gay-friendly) moderates, conservatives and libertarians who favor lower taxes, economic growth, a strong military, safe streets, and limited government interference in their private lives. Can religious conservatives learn to live with that?

Next Up: The Big "M"

It remains to be seen if the White House can continue to reach out to gays, however tepidly, without making the religious right even angrier. And while, as noted, Bush has stated his view that marriage ought to be only between a man and a woman, he's to date held off on an outright endorsement of the proposed anti-gay Federal Marriage Amendment to the U.S. Constitution, which would ban same-sex marriage. Passage of the FMA is now the chief priority of many religious right "pro family" groups.

Same-sex marriage may finally force Bush off the fence. Or it may not, since on the fence is exactly where Bush prefers to be. In the meantime, the Bush administration's balancing act goes on, to the chagrin of gay activists and their opposites in the religious right - both sides convinced the President has sold his soul to the other.

Curiouser and curiouser, indeed!