Jason Cianciotto at Box Turtle Bulletin diagnoses the problem of bullying, finding support from Justice Anthony Kennedy’s language in the Colorado Amendment 2 case. Anti-discrimination laws that don’t specifically enumerate sexual orientation do, in fact, send the message that government approves — or at least doesn’t disapprove — of those who think heterosexuals are superior to lesbians and gay men. The government’s neutrality about anti-gay discrimination is clearly a contrast to its explicit position on race and gender discrimination. Cianciotto urges government to be more explicit in prohibiting anti-gay discrimination, particularly in schools.
But this diagnosis misses the disease. After the upheaval of the civil rights movement — and by that, I include feminism — our laws are now overwhelmingly consistent in being race and gender neutral. Law is the government speaking at its loudest, and it is clear to anyone who listens that our laws may not discriminate in those areas.
In prominent contrast, our laws are entirely schizophrenic when it comes to sexual orientation. Two areas of law — marriage and the military — expressly demand discrimination against open lesbians and gay men. Unlike the silence of many anti-discrimination laws, this is active inequality.
Does anyone think bullies don’t notice this? Whatever else they may or may not know about the law, they certainly know that lesbians and gay men are fighting hard and loudly for marriage equality, and are having a hell of a time getting laws changed. Even in states like California where the law is quite clear that some measure of equality is required for same-sex couples, marriage is still out of reach. Our laws prohibiting other kinds of anti-gay discrimination — including bullying — send a message that is directly contradicted by other laws.
That’s how Carl Paladino of New York, and Barack Obama of the White House can both say, apparently without irony or shame, that they are 100% for gay equality, except for marriage. I can’t speak for others, but the equality that matters most to me is equality under the law. That’s the guarantee that’s promised so publicly above the entrance to the U.S. Supreme Court. Laws that prohibit heterosexuals from discriminating against lesbians and gay men don’t mean anything until laws that, themselves, discriminate against lesbians and gay men are removed from our books. Until that happens, heterosexuals and homosexuals alike will get the same, consistent message from government — that it’s all right to be a little suspicious of the faggots and the dykes.
What anyone does with that, of course, is not the government’s fault. How could it be?