Yesterday’s defeat of a vote on the Defense Authorization bill – which included repeal of DADT among hundreds of thousands of other items – is instructive to those who criticize lesbians and gay men for going to the courts to overturn laws passed in the normal democratic process.
DADT, in its molasses-like demise, is subject to anything but a normal democratic process. To be fair, the entire lame duck session resembles ordinary democracy only in the sense that it is conducted by people who have been duly elected. But any semblance of process, due or otherwise, is lacking. Where else but in the United States Senate would the entire country take it for granted that a 57-40 vote in a 100-member body would be a defeat?
But the central point is more particular than mere complaints about the vagaries of Senate procedure. As Robert Caro discussed in comprehensive historical detail in Master of the Senate, the filibuster and cloture rules have been around to be abused since the very early days of the Senate, and some leaders, like Lyndon Johnson, were able to keep the bills running on time. Just because the rules are more abused now than at any time in history doesn’t make them any more unfair to anyone, including lesbians and gay men.
No, the singular problem for DADT, as for any law that alienates a specific minority, is how the accumulation of bad feelings about the minority garble and twist the discussion. Just this week, yet another respectable poll of the American people showed a solid 2/3 who not only support repeal of DADT, but would, themselves, vote for it if asked. Since 2005, the percentage of support has been at 60% or more.
But when Senator Harry Reid called for the premature, losing vote yesterday, his frustration was palpable. A senior Senate aide described the problem. While Reid and Senator Susan Collins had finally agreed to four days of debate, and an amendment process satisfactory to Collins, she was not the only relevant senator:
“It would have been much more than four days,” the aide says. “Her suggestions were flat out unworkable given how the Senate really operates. You can talk about four days until the cows come home. That has very little meaning for Coburn and DeMint and others who have become very skilled at grinding this place to a halt.”
The minority Republicans in the Senate were and are so obsessed with the problem of open homosexuals in the military, that they are not only willing to block a vote on funding for the nation’s entire military, they have done their part to hold it up until this late date even though the prejudice they believe they are protecting is on life support, not only among the voters, but even in the military, itself.
But Republicans are only part of the larger problem. I cannot speak to Reid’s actual concern about how the Senate’s proceedings would be gummed up, but it’s not really Harry Reid’s rights that are at stake here. The inconveniences of a leader and his institution are problems of an entirely different species from the problems faced by a woman who is afraid to tell her friends in the military who they should contact if she is killed in fighting.
Would it really have been so bad for the Senate to call the GOP’s bluff on this? The prospect of Senate Republicans pontificating on gays in the military for four days or more is a soul-chilling prospect, but maybe that’s what the nation needs. They have no new substantive arguments to make — they never really had any to begin with. Their rearguard action on this lost cause might just need its Waterloo, to finish it off once and for all.
Neither Reid nor Obama nor Collins nor anyone else in the Senate has any personal stake in this fight. Their speeches are speeches, not the real life conflicts that lesbians and gay men have to confront every hour and every day. It is the heterosexual Senate’s luxury to be able to put off equality until a more convenient time.
We suffer that luxury. But it is not our only choice. The courts exist in general, and the equal protection clause exists in particular, precisely because majorities don’t have a personal interest in a minority’s disabilities under the law. Some members of the majority may have the principles of a Joe Lieberman or a Patrick Murphy, but they can also cater to the distortions of prejudice, even when that status quo is dying. Majorities can even sometimes sacrifice their own interests (such as a defense authorization bill) because of their perverted views.
Perhaps Reid knows what he is doing. I still think this can get done. But yesterday’s political convolutions are a compelling argument for courts to have the final say on some issues.