Inclusiveness and Reaction

Blogress Ann Althouse discusses implications of a McDonald's ad running in France (you can view it with captioned translation through the above link) that's caused expressions of consternation from Bill O'Reilly and other American conservatives. As Althouse summarizes,

"we see a young man and understand something about him - he's gay - and then we see his father doesn't really get that, but they love each other and spend time with each other...at McDonald's.

". . .When O'Reilly jokes about McDonald's doing an ad in this series showing a member of Al Qaeda, he's revealing that he thinks gay people are a group that most people view with justified hostility. McDonald's, operating in France, hasn't analyzed things that way. That's their judgment call, and I hope it's a good one."

Actually, I think O'Reilly and other miffed conservatives are showing how out of sync they are. With "Glee," one of the Fox network's biggest hits, including storylines about a gay high school student and his sympathetic but not-quite-comprehending father (shades of the French McDonald's ad), it's clear that the times have changed. I'd be very surprised if in the near future we don't see gay inclusive ads such as this one running here in the U.S., despite the wailings of certain members of the old guard.

More. I should add, it's also another sign of how capitalism drives equality, as discussed here, when not thwarted by social conservatives or anti-market progressives (as in this blast from the past).

How Opportunity Slips Away

Former Congressman Tom Campbell, the fiscally conservative, pro-gay marriage GOP candidate running in California's Senate primary, had been leading his opponents but now trails failed CEO and gay marriage opponent Carly Fiorina going into next Tuesday's vote, as social conservatives ramp up their attacks.

Campbell has the best poll numbers against current Democratic Sen. Barbara ("No Ma'am") Boxer, best know for her advocacy of out-of-control government spending and disdain for the U.S. military. But he may not get the chance to face her.

It would have been savvy for LGBT activists who actually want to see gay equality advance within the GOP, and hence the nation, to at least give Campell support in the primary, but aside from Log Cabin Republicans they didn't. Much better to keep the Republican party avowedly anti-gay in order to fundraise against the GOP demons.

NOM Comes Out

The Republican and religious roots of the National Organization for Marriage (NOM) have never been in doubt. But is NOM becoming more frankly partisan and more narrowly religious? Consider three items:

***In California, NOM is running ads opposing Tom Campbell in the Republican primary for U.S. Senate. The ad mentions marriage only after attacking him for supporting higher taxes. On its website and in emails, it is dubbing Campbell a RINO (Republican In Name Only), an epithet used in intra-party squabbles.

NOM is now against higher gasoline taxes as well as gay marriage. I'm waiting for the "Drill Here, Drill Now" ads.

***In Minnesota, NOM is running ads criticizing the state DFL (Democratic) party repeatedly by name for opposing a voter referendum on marriage. It also attacks Independent candidates.

The surprise is not that NOM would oppose pro-SSM candidates, but that it would do so in a way indistinguishable from a GOP ad.

***In a recent fundraising email, NOM Executive Director Brian Brown claims that same-sex marriage evinces a "profound untruth about the human person." The term "human person," a redundancy to the uninitiate, is most distinctive to Catholic theology and especially prominent in the writings of conservative Catholic natural-law theorists.

Opposite-sex marriage, Bown continues, is "written on the human heart." It's an elegant and evocative phrase. Google it and the first thing that pops up? An important and, especially for Catholics, influential address by Pope John Paul II entitled, "God's Law is Written on the Human Heart."

Brown concludes his email in language that combines the partisan and religious strands in NOM's DNA: "Here's NOM's promise: We transform your values into action, action into victory--victory for God's truth about marriage. What God has joined, no RINO Republican has any right to put asunder!"

It's perfectly legitimate for NOM to make itself a home for religious-conservative Republicans and a particular strand of natural-law Catholicism. This reflects the group's governing philosophy. Indeed, as compared to downplaying these facts for strategic reasons, it's refreshing to see NOM come out of its partisan and sectarian closet.

Let’s You And Him Fight

The imperative of America's press is not truth, it is conflict - or, more accurately, drama. Truth and facts are tools the press uses to enhance dramatic conflict, but it is the fight, not the resolution, that animates the press.

Gay equality provides a rich vein of material, and we are used to our opponents exploiting fears and anecdotes to support laws that put the government into the active position of discriminating, from Sam Nunn's infamous "field hearing" in 1993 where he led legislators into submarines to see how gay soldiers would be sleeping and showering this close to our heterosexual fighting men, to Martin Ssempa's ongoing campaign in Uganda to provoke citizens into a full understanding that homosexuality means eating one another's poo-poo.

But it's not just our opponents who want to work people up into a sweat. The New York Times does a fine job this morning of stirring the pot. According to their reporting, if DADT repeal passes (a prospect still months away in the Senate, apparently), there will be all kinds of "thorny issues" that will arise, from allowing same-sex couples to live in base housing together to hospital visitation.

But this being the New York Times, these concerns are coming from homosexual soldiers. See? You don't have to hate gays to exploit us; you just have to be deeply enough committed to conflict.

To be fair, the NY Times did get Elaine Donnelly to weigh in with a typically overwrought comment, in order to maintain its liberal cred. Donnelly, true to form, brought up the perils of living right next to the homosexual menace: "Same-sex couples in family housing will become a reason for families to decline re-enlistment or a change in station," she fretted. If you thought it was bad having to live next to black neighbors in the 60s, imagine what it would be like if the black neighbors were homosexual.

It is not until the 17th paragraph of the 25 paragraph story that the NY Times states the obvious, noncontroversial truth "that tens of thousands of gay people already serve in the military, many open to their closest peers, without problems."

It's possible to imagine, in some alternate universe, an accurate, truthful and informative report where that is the point. But who in our own galaxy wants to read about something "without problems"? No one - or, at least no one who isn't primarily interested in conflict and drama.

After a lifetime of loving the theater and literature, I have come to take pleasure in the non-dramatic. In our age, this is nearly a confession of error, or gross and alarming nonconformity. But sometimes I just want the facts without the adjectives and adverbs, the breathless reporters and all the agita.

Which brings me to Rush Limbaugh, and a savvy defense of him on gay rights. As Timothy Kincaid observes at Box Turtle Bulletin, while we're used to assuming Rush is a Neanderthal reactionary on gay rights, that may not be correct. Bellicosity is Limbaugh's style, and I wouldn't argue he's the calm, rational journalist of my dreams. But on gay rights, he's hardly been leading the charge to maintain inequality. He's got some rough comments about political excesses from our side, and lord knows I couldn't disagree with him on that. But when it comes to the actual policies of DADT and equal or equal-ish rights for same-sex couples, Rush isn't on the front lines.

Tim offers some evidence -- from the right -- that Rush may be squishy on civil unions, and maybe even on sexual orientation being a choice. Whatever is in Rush's head or heart, though, it's clear that the prospect of gay equality is something he hasn't exploited with the bombast at his disposal.

Which may mean he's actually a bit more responsible and conscientious than the writers and editors of today's story in the NY Times. Certainly the NY Times has taken a strong editorial stand in favor of equality. But when their news side feels comfortable and duty-bound to use us in order to make sure people have something to argue about, it's worth pointing out that it looks, for all the world, as if they're trying to out-Limbaugh Limbaugh.

End of the Lies

Yesterday's House floor debate over repeal of Don't Ask, Don't Tell was revealing - you might even call it telling. I could not count the republicans who alleged that the democrats and the administration were not listening to the troops, were ignoring what the troops had to say, were, in fact, disrespecting the troops who risk their lives for us every blessed day.

I try to be expansive in discounting political rhetoric before I'll call it a lie, and there's enough selective truth here to judge these statements as misleading rather than fully false. But a more complete and accurate view is that the democrats and the administration, after having listened to the troops and to the country at large, and after having reviewed the policies of every other nation that has dealt with this issue, nearly all of which have allowed lesbians and gay men to serve openly, have decided that those who support repeal of DADT have the better argument than those who support retaining it. That may feel oppressive and dismissive to those whose position has not prevailed, but it is hardly fair to say their point of view has not been heard. We've all been heard.

In fact, the listening won't stop under this bill. It requires yet another study, though this one will be unique in that it will solicit the views, not only of heterosexual troops who can speak openly about how they feel, but also provides a mechanism where homosexual troops who are serving in silence can express their own feelings. Imagine that: asking lesbians and gay men who are forced to be in the closet how they feel about a policy that forces them to be in the closet. On this subject, while the views of heterosexuals are important, it would seem that the views of gay soldiers ought to be given some weight. The fact that they can't reveal their opinions under the current policy - because it would get them kicked out - seems to me proof enough that the policy is perversely and calculatedly designed to be self-perpetuating.

I'm pretty sure this kind of polling of the troops about their policy preferences is original, but our political branches do have the authority to demand such things if they think that's wise. They didn't need to pass DADT in the first place, but they had the ability to do so, and did. If they think they might have made a mistake, and that polling the troops is worth doing to confirm the suspicion, then polling it is.

But I'm with Nathaniel Frank in suspecting that the new study will show what the decade of existing ones shows - that our military, like the militaries of so many other nations, won't suffer as an institution by allowing lesbians and gay men to be truthful, and that it might even benefit a bit by ridding itself of a policy that, unique among military policies, demands people lie.

We'll see, today, if John McCain can keep the lie alive.

Log Cabin Getting It Together?

After a long spell with no staff whatsoever, the national Log Cabin Republicans' board of directors has named R. Clarke Cooper as the group's new leader. Here's the announcement. And some background on Cooper's military service (well, he seems like a straight shooter!).

As I've often argued, to the dismay of the one-party-is-all-we-need crowd, we will never obtain full legal and social equality if the conservative party in the U.S. remains in adamant opposition. That's why making gay integration into American society a conservative goal is so important. Witness the strides toward legal equality in Britain, where several top Torie party leaders are openly gay.

In the U.S., as of now the left-leaning Democratic party has an overwhelming majority in both houses of Congress and the presidency, and after two years we are not going to see even partial repeal of the Defense of Marriage Act that prohibits the federal government from recognizing gay unions sanctioned by individual states (no joint tax returns, no Social Security inheritance, no tax break on employer-provided spousal health care, etc. etc.). The reason: the Democrats have more or less gotten a free ride, so why spend political capital?

Let's hope with new leadership, LCR (along with newer rival GOProud), can help to move the ball forward.

DADT: Resistance and Movement (Possibly)

Adding to the posts below by Dale and David, it doesn't appear to me that Obama deserves any credit for being forced to move ahead on repealing "don't ask, don't tell." The movers here are those Democrats in Congress who are, finally, standing up to the president.

As the AP reports, under the proposal Congress would overturn the Clinton-era law barring gays from serving openly in the military, but would "allow the Pentagon time-perhaps even years-to implement new policies" following completion of a comprehensive study. At that time, implementation would require approval of the president, defense secretary and chairman of the Joint Chiefs of Staff. And tellingly, according to the AP:

"The White House had hoped lawmakers would delay action until Pentagon officials had completed their study so fellow Democrats would not face criticism that they moved too quickly or too far ahead of public opinion in this election year. Instead, administration officials recognized it could not stop Congress in its effort to repeal the 1993 ban and joined the negotiations."

In other words, Obama's hope was to sacrifice his commitment to gay equality in the military for electoral expediency. But at least some congressional Democrats, who may or may not have the votes to put this across, aren't letting him get away with it. Good for them.

More:

uh-oh.

"A lukewarm endorsement from Defense Secretary Robert Gates and opposition among some lawmakers cast doubt Tuesday on whether Congress this week would lift a 17-year-old ban on gays serving openly in the military....

"I see no reason for the political process to pre-empt it," Sen. Jim Webb, a conservative Democrat from Virginia, said of the military study."

By the way, the Human Rights Campaign's website is still bragging about the group's support for Webb.

ADDED: With House passage, all eyes will be on the Senate, which isn't expected to vote until later this summer. At issue: will the Senate Republicanbs mount a filibuster?

Also, it should be noted the despite the characterization in the excerpt above, Sen. Jim Webb is no "conservative Democrat." He was an enthusiastic supporter of the Obama mega-billion pork-barrel "stimulus" and of so-called health care reform. He's a big spending, government expanding Democrat who thinks he can placate Virginia conservatives by opposing equality for gays. Nice. Let's all send our checks to HRC to keep him in office.

Benefits of bipartisanship. GOP Sen. Susan Collins of Maine backs repeal, giving conservative Democrats some wiggle room.

Nice Compromise If You Can Get It

I'll go further than David in endorsing the "compromise" on Don't Ask, Don't Tell. It would be a huge and necessary step toward the permanent end of DADT. It's a conditional repeal, restoring the status quo ante 1993 under which presidents had sole authority to set military personnel policy toward gays and lesbians. But it would wipe out the statutory basis for the exclusion of gays. President Obama would surely exercise his authority to end the ban. And while a future president could in theory reinstate it, that's extremely unlikely in fact.

The problem is that we may not get this conditional repeal. Congress still has to vote for it. The Obama administration was dragged kicking and screaming into acquiescence. The letter from budget director Peter Orszag on behalf of the administration is about as non-committal and unenthusiastic as a message of "support" could be. The president and the White House are exercising no leadership, which is what may be needed to get this through even this heavily Democratic Congress this year. And if it doesn't get through this year, it isn't likely to happen anytime soon.

Do It

I can't say I disagree with some of the criticisms of the DADT compromise reached yesterday between the White House and Congress. As Americablog notes, there are loopholes that might delay or even prevent the repeal from going into effect.

But here's the thing: It was us, has always been us, who have been making the far more dominant argument that a repeal bill has to be passed this year -- now -- or it will fall between the cracks of politics in the Congress That May Come.

Politics is hard, and few domestic issues have more complicated political dynamics than those related to sexual orientation. Yes, gay issues are nothing compared to health care reform, but on that issue, the country was pretty evenly divided (depending on how you choose to slice and dice the numbers); on DADT repeal, we've got 70-plus percent of the country in our camp, and still have to drag a couple of legislators across the finish line to get a majority, even in the House.

The politics of the market are nothing compared to the residue of misunderstanding that still fouls some corners of the public debate over lesbians and gay men. That is the cold, hard reality, and I, for one, can't wish it away.

In that context, anything that removes a vile and offensive law from our books, and gives this administration the chance to act in good faith strikes me as not only acceptable but praiseworthy. Yes, implementation of the law was odious and insulting to the thousands of good men and women who suffered through it, but its very existence is an even worse insult to every lesbian and gay man in the nation, and every heterosexual as well. Removing it from our law is worth some risk.

The compromise will move the action away from Congress, where it never should have been in the first place, and put it squarely in the administration, who will no longer have Congress to hide behind. That strikes me as defensible at the least, and much more consistent with the way the rules for the military should be constructed than DADT's politicized discrimination.

I say let's remove this stain from our statutes now, while we have the chance.

The Kagan Conundrum

"Are you, or have you ever been, a homosexual?"

From the moment President Obama nominated Solicitor General Elena Kagan to replace retiring Supreme Court Justice John Paul Stevens, observers have been itching to ask her some version of this question-or as I'll call it, The Question.

For the time being, The Question has subsided. Instead, it has been largely replaced by a meta-question: is The Question even appropriate to ask?

When commentators as disparate as gay-rights advocate Andrew Sullivan and the virulently anti-gay Peter LaBarbera, president of Americans For Truth (About Homosexuality), agree on something, it's noteworthy. And both agree that asking Kagan The Question is appropriate.

LaBarbera writes ,

If Kagan is practicing immoral sexual behavior, it reflects on her character as a judicial nominee and her personal bias as potentially one of the most important public officials in America….Besides, in an era of ubiquitous pro-gay messages and pop culture celebration of homosexuality, it's ridiculous that Americans should be left guessing as to whether a Supreme Court nominee has a special, personal interest in homosexuality.

And here's Sullivan:

[Whether Kagan is gay] is no more of an empirical question than whether she is Jewish. We know she is Jewish, and it is a fact simply and rightly put in the public square. If she were to hide her Jewishness, it would seem rightly odd, bizarre, anachronistic, even arguably self-critical or self-loathing.

Sullivan adds that since gay-rights issues will likely come before the Court, "and since it would be bizarre to argue that a Justice's sexual orientation will not in some way affect his or her judgment of the issue, it is only logical that this question should be clarified."

Strange bedfellows, indeed.

Notwithstanding her short haircut, her penchant for cigars, her enjoyment of softball, and the fact that she's requested her judicial robe in flannel (okay, I made that last one up), no one has found solid evidence that Kagan is a lesbian.

This, despite relentless efforts from across the political spectrum to do so. If she is, it certainly isn't the sort of "open secret" some have claimed.

So, should we just come out and ask her?

It's tempting to give one of the two easy answers to this question, which are

(A) It's nobody's damn business, and certainly not relevant to her nomination,

or

(B) Sure-why not? It's 2010, and not such a big deal anymore.

The right answer is more complicated.

On the one hand, every Justice, like any other citizen, is entitled to some zone of privacy. Of course their private experiences might affect how they rule. But we need to be careful about getting on that slippery slope, lest we turn confirmation hearings into witch hunts.

Moreover, in a questionnaire for her Solicitor General nomination, Kagan rejected the idea that there is a fundamental constitutional right to same-sex marriage-as have some openly gay constitutional scholars. So her being lesbian, even if true, wouldn't guarantee any particular ruling on the specific gay-rights issues likely to come before the Court. Constitutional jurisprudence isn't the same as personal policy preference.

On the other hand, her being a lesbian would give her a unique perspective on the Court, and could certainly influence the other justices in a positive way. As Justice Antonin Scalia once said of Justice Thurgood Marshall (the first African-American justice), "He wouldn't have had to open his mouth to affect the nature of the conference and how seriously the conference would take matters of race."

And Sullivan has a point when he suggests that treating a person's (actual or possible) lesbianism like some dirty little secret is ultimately no more palatable than treating her Jewishness that way. Doing so smacks of complicity in the closet, which Sullivan rightly condemns as an awful relic.

Unfortunately, that awful relic-and the reasons for it-have hardly disappeared. And one need look no further than the ranting of folks like Peter LaBarbera to see why.

In defending The Question, Sullivan writes that "a revolution in attitudes has occurred" on gay issues. But Sullivan's use of the present-perfect tense ("has occurred") is misleading. That revolution IS OCCURRING, and it's far from complete.

I'd love for lesbianism to be as much of a non-issue for Supreme Court nominees as Jewishness. The fracas over Kagan's personal life makes it clear that we're not there yet.

Meanwhile, if I were a Senator at her confirmation hearings, I'd say "There has been much speculation in the media about your personal life. Is that anything you wish to comment on?" Then I'd step back and let Kagan handle it as she sees fit.