Author Archives: Stephen H. Miller

Waiting, Waiting…

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In the meantime, the Washington Post looks at, in quite a reversal, How kids became the strongest argument for same-sex marriage:

As the Supreme Court prepares to hand down what may be a historic decision on whether gay couples have a constitutional right to marry, the children of these couples have been at the heart of the debate. Gay rights activists have turned old arguments on their heads, putting the more than 210,000 American children being raised in same-sex-couple households at the core of their closing arguments.

Advocates have seized on the words of Justice Anthony M. Kennedy, who in striking down the federal Defense of Marriage Act two years ago wrote that the law “humiliates tens of thousands of children” being raised by gay parents. Taking the cue, groups have put these children’s stories front and center in campaign ads, on rally stages and in legal briefs.

Save the children.

More. David Boaz reminds that Libertarians Have Long Led the Way on Marriage.

While on the libertarian angle (yes, I know it’s a tangent), there’s this: gay Libertarian Party members denied a booth and barred from attending Washington State’s 25th anniversary Capital City Pride festival (held in Olympia) for supporting Second Amendment rights.

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GOP Shows Signs of Change and Resistance

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The Cato Institute’s David Boaz argues that the GOP’s gay marriage silence speaks louder than words:

Republican candidates and their advisers know that opposition to same-sex marriage remains strong in their base, but that more than two-thirds of young voters support it. Campaigning against gay marriage is a good way to make the Democratic advantage among young people permanent.

Sometimes social change happens when people announce a change of heart. Sometimes you know it’s happening when one side tries to change the subject. That sound you don’t hear right now, of major Republican candidates making gay marriage a key issue in their campaigns? That’s the sound of social change happening.

A counter argument might point out that Ted Cruz introduced legislation to establish a constitutional amendment shielding states that define marriage as between one woman and one man from legal action, and Scott Walker indicated he would support the amendment if the Supreme Court rules in favor of marriage equality. Also, there’s no doubt about the opposition to same-sex marriage by Mike Huckabee and Rick Santorum.

But that may be missing the forest for the trees. Given the likelihood of a Supreme Court decision in favor of marriage equality, the fact that the GOP leading contenders have not made the campaign against same-sex marriage central to their efforts is a sign of progress.

One point that should be addressed in the debate over whether the GOP is actually changing is the meme repeated by the LGBT left that voicing support for religious liberty is nothing but code for anti-gay discrimination. For instance, the Washington Blade reports as evidence, in their view, that Bush is “doubling down on opposition to anti-gay marriage” the following:

“This conscience should also be respected in people of faith who want to take a stand for traditional marriage,” Bush said [at the Faith & Freedom Coalition conference in D.C.]. “In a country like ours, we should recognize the power of a man and a woman loving their children with all their heart and soul as a good thing, as something that is positive and helpful for children to live a successful life.”

The phrase “traditional marriage” is often used by conservatives and especially by Bush to mean opposition to same-sex marriage.

And yet….

Bush didn’t articulate any policy measure by which he would seek to oppose same-sex marriage. He hasn’t yet spoken this campaign cycle on whether he’d back a U.S. constitutional amendment banning same-sex marriage — an idea that GOP hopefuls Ted Cruz, Bobby Jindal and Scott Walker have endorsed.

Hardly seemed like “doubling down”; more like tossing the religious right a bone.

Elsewhere the Blade informs us:

Bush didn’t mention LGBT issues during his [campaign annoucement] speech per se, but criticized Clinton for what he said was her failure to stand up for religious freedom, which many observers read as code for anti-LGBT discrimination.

“These have been rough years for religious charities and their right of conscience, and the leading Democratic candidate basically hinted at more trouble to come,” Bush said. “Secretary Clinton insists that when the progressive agenda encounters religious beliefs to their contrary, those beliefs quote, ‘have to be changed.’ That’s what she said. That’s what she said, and I guess we should at least thank her for the warning.”

If you believe that the future of LGBT Americans lies in ensuring no religious exemptions from anti-discrimination law for religiously affiliated charities and schools, and that independent small vendors with religious-conscience objections must be forced to rectify their thinking by accepting gigs celebrating same-sex weddings or else suffer exorbitant fines and be driven out of business by the state, then I suppose religious freedom would be something you would favor stamping out.

More. John Ward writes, perceptively, at Yahoo! Politics:

Bush has done the most work, by far, of any 2016 Republican presidential candidate to lay out an intellectual framework from which to argue that a compromise can be reached between the LGBT community and religious conservatives. “I think we’re a big enough country and a tolerant enough country to allow for both to exist. I don’t believe we should discriminate against people,” Bush said in New Hampshire. “But I certainly don’t think we should push aside the big and caring hearts that people — when they act on their faith — to be able to make a difference in the lives of people.” …

On the question of gay marriage, Bush has said he personally believes marriage is between a man and a woman and that he does not think gay marriage is a constitutional right. But … Bush’s communications director is openly gay, and some of his closest aides are supporters of gay marriage.

For these and other reasons, Christian conservatives have so far tended to be lukewarm about Bush. But if he continues to make a robust defense of their point of view in the debate over religious freedom, that could change, especially if other Republicans steer clear of the issue except when it’s the focus of controversy and they’re put on the spot.

The religious right is pulling back to a defensive position around freedom of conscience for religious conservatives. The progressive left feels it’s now occupying the commanding heights and is rejecting what were recently seen as common-sense compromises (i.e., religious exemptions from anti-discrimination laws).

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Transgender/Transracial?

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The Rachel Dolezal cisracial/transracial meme isn’t doing the fight for transgender acceptance and equality any favors. While some social conservatives are warning of a slippery slope and suggesting that transracialism will allow self-identification with other races in a way that opens an entitlement floodgate, some progressives seem to be, gingerly, starting to question whether the appropriate social justice warrior position might be to defend transracial identity:

MSNBC’s Melissa Harris-Perry entertained the notion on her show today with kind of a huge question. “Is it possible that she might actually be black?”

While not wanting to make the transgender comparison, Harris-Perry questioned whether one can be “cisblack and transblack,” and whether there’s a way to describe “the achievement of blackness despite one’s parentage.”

Alyson Hobbs, who literally wrote the book on “racial passing,” said there’s “certainly a chance that she identifies as a black woman and there could be authenticity to that.”

Here’s a wrap-up of others willing to entertain the idea that racial self-identification can be more “authentic” than one’s birth race.
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The DeMaio Lie

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What some of us could see all along; the smear campaign against openly gay San Diego congressional candidate Carol DeMaio a Republican, was all a lie, and one that cost him the election (he had been leading in the polls against his Democratic opponent before the smear was unleashed; he lost by a razor-thin margin). So, in a campaign characterized by the LGBT left’s vehement opposition to DeMaio, partisan dirty tricks cost us an openly gay GOP congressman.

As I’ve said before, because it’s true, the worst nightmare of LGBT progressives is that the GOP should become less anti-gay.

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Magistrates and Marriage: They’re Not Private Citizens

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Win some: Florida Gov. Scott Signs Repeal of Gay-Adoption Ban, Despite Vocal Opposition. Lose some: North Carolina Okays Opt-Out for Officials Who Oppose Same-Sex Marriage.

Interestingly, two GOP governors tried to do the right thing (in North Carolina, the legislature overrode a veto by Gov. Pat McCrory).

The Cato Institute’s David Boaz shared this comment on his Facebook page:

Well, I’m sorry to say that the North Carolina House has NOT recognized its constitutional obligation to offer equal justice to all citizens. Instead it has joined the Senate in overriding the governor’s veto of a bill exempting magistrates (the only civil officers authorized to perform marriages) from performing same-sex marriages if they have a religious objection.

As I said previously, this seems clearly wrong. Private citizens — florists, photographers, caterers — should not be forced to participate in ceremonies that offend them. Marrying couples can find another florist or baker who wants their business. But the government represents all citizens. Officers of the court must serve all citizens. By the way, the mission statement of the NC Magistrates Association is “The mission of the Magistrate is to protect and preserve the rights and liberties of all of the people, as guaranteed by the Constitution and laws of the United States and North Carolina, by providing a fair, independent and accessible forum [for] the just, timely and economical resolution of their legal affairs.” Under the new law they will insert “except the gay ones” after “all of the people.”

I made a similar point in an April post:

There is a key difference between private, self-employed citizens who don’t want to provide creative services to same-sex weddings, and servants of the state.

While some of my friends on the left seem to think everyone is essentially (or should be) treated as a servant of the state, that’s actually not the American way, and shouldn’t be.

But, on the other hand, if government officials can’t perform their duty to treat all citizens equally, citing their own religious convictions, then they should step aside. Separation of church and state is also the American way.

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Make It So

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Patrick Stewart believes in freedom, especially expressive freedom. In defending a baker’s right not to bake a cake with a pro-gay-marriage message, he explained:

In my view, this particular matter was not about discrimination, but rather personal freedoms and what constitutes them, including the freedom to object. Both equality and freedom of speech are fundamental rights—and this case underscores how we need to ensure one isn’t compromised in the pursuit of the other.

The arguments of progressive LGBT activists that it’s not ok for a religiously conservative baker to refuse to make a cake with a pro-gay-marriage message, but it is ok for a gay baker to refuse to bake a cake with an anti-gay-marriage message, is all too typical of the strained logic that amounts to whatever progressives want, the state should make sure they receive. And if this limits the expressive rights of their opponents, it’s a bonus!

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Feminists vs. Transwomen

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In the New York Times, feminist Elinor Burkett writes What Makes a Woman?:

For me and many women, feminist and otherwise, one of the difficult parts of witnessing and wanting to rally behind the movement for transgender rights is the language that a growing number of trans individuals insist on, the notions of femininity that they’re articulating….

Many transwomen and transmen embrace psychological distinctions between men and women that some feminist claim are purely cultural and represent patriarchal oppression. I believe there are, speaking generally, innate psychological tendencies between (most) men and (most) women that these feminist reject, although there are also exceptions, which may be more likely (although not exclusively) to be seen among gay men and lesbians (and even here, to be sure, not all gay men are more feminine than straight men, and some are hypermasculine leathermen; likewise, there are “lipstick” and “butch” lesbians), so it gets messy.

More. Like Caitlyn Jenner, women are far more likely than men to prefer frilly underwear. That’s not meant to be flippant; the fact that Jenner appeared on the cover of Vanity Fair in sexy lingerie was one of the transgressions, so to speak, that provoked Burkett’s column. To claim that women don’t generally prefer stereotypically feminine underwear, or if they do to claim it’s because of cultural norms imposed by the patriarchy, is, I think, silly.

That said, despite the general trend, some women don’t prefer frilly underwear and some men do.

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Jenner, Republicans, and the Rest of Us

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The Washington Post observes:

In the four days since Bruce Jenner came out as a woman named Caitlyn, many Americans have celebrated her transformation as a courageous and even heroic act. But among the social conservatives who are a powerful force within the Republican Party, there is a far darker view. To them, the widespread acceptance of Jenner’s evolution from an Olympic gold medalist whose masculinity was enshrined on a Wheaties box to a shapely woman posing suggestively on the cover of Vanity Fair was a reminder that they are losing the culture wars.

As indeed they are. And it matters not that Jenner herself has said she’s a Republican and, on many issues, a conservative.

Here’s the rub:

Dan Pfeiffer, a former senior adviser to Obama, argued that the electorate has evolved so quickly on gay rights in particular that Republicans risk sounding out of touch whenever they talk about these issues.

“Republican reticence and at times intolerance on LGBT issues is a problem for them because they have become a litmus test for young people,” Pfeiffer said. “Even if they’re conservative on other issues, if you break with them on gay or transgender rights, you look like a candidate of the past.”

But Republicans are in a bind: seem backward and intolerant to most younger (and a growing number of older) Americans, or alienate the religious right that votes heavily in GOP primaries, particularly in the South, and dominates the Iowa caucuses. They’re caught in a vice of their own making.

On the subject of Jenner’s transition, noted economist Deirdre McCloskey, herself a transwoman, makes an important point countering the lazy if perhaps politically expedient view that LGB and T are some sort of continuum (they’re not), writing:

How to stay calm? Stop thinking of gender change as being about sex, sex, sex. Stop believing the locker-room theory that gender changers are gay, and gays want to be women. Whom you love is not same thing as who you are. …

Believe me, I would much rather have realized at age 53 that I was gay…than to go through a dozen operations and a lot of funny and terrifying embarrassments.

Bisexuality is on the Kinsey scale from straight to gay/lesbian, but gender identity is distinct from sexual orientation, and we shouldn’t confuse matters further than they already are by the simplistic idea of an LGBT identity.

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Pataki’s Run

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It will be interesting to see if former New York Gov. George Pataki’s (very) long shot bid for the GOP presidential nomination gets any traction in New Hampshire or elsewhere. As governor, he was a fiscal conservative who believed in limiting the growth of government and holding taxes in check. He is also probably the most pro-gay inclusion of the serious candidates, at least in terms of his support for anti-discrimination statutes (he has said he opposes gay marriage).

Pataki is staking out a position as a fiscal conservative and social liberal. As the Wall Street Journal reported, as governor he supported “some of the strictest gun-control laws in the U.S. at the time.” He also is moderately pro choice on abortion, and serious about extending business regulation to combat climate change.

Those are all positions that can be debated, but it would be good to see a candidate who was pro gay marriage and pro Second Amendment, and reasonably pro life (at least as concerns late-term partial birth terminations, as, in fact, Pataki seems to be) and skeptical about our ability to effectively regulate climate change and the value of attempting to do so versus the impact on economic vitality. Such as candidate might have brighter prospects among Republicans than Pataki will.

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