Sweet Nothings

The rigid conventions of mainstream press reporting are nowhere more agonizingly evident than in the reports of President Obama's presidential memorandum on hospital visitation. You can watch the pseudostory deconstruct before your eyes in the LA Times report, which starts out by saying the directive gave same-sex couples a "victory" without having to pick a fight, then accurately but inconsistently reports that it grants no one any new rights or benefits, and goes on to state the truthful fact that even the Catholic Health Association "applauded the move."

This is all there is to the story: The President told hospitals that take Medicare and Medicaid dollars from the federal government (pretty much all of them) that they have to (1) follow existing federal rules that allow patients to designate visitors; and (2) comply with existing regulations that require hospitals to obey state laws about a patient's advance directives and any other legally binding documents the patient might have signed concerning health care matters. In addition, the memorandum (3) solicits "additional recommendations" about what the Department of Health and Human Services can do to respect the rights of gay and lesbian patients and their families. There's no need here to do any more than shoo you over to William Dyer's blog, which does a brilliant job of diagramming the play, doing everything but showing it to you on slow-motion film.

The only thing I'd disagree with Dyer about is his description of the President as a charlatan. Certainly this little saga shows how lazy and credulous the press is - no surprise to any of us who watch Jon Stewart. And it also shows how little it takes to constitute a "victory" for gay rights at the national level.

Nevertheless, there is something here, however minuscule. In fact, there have been cases where hospitals have ignored the legally binding documents that same-sex couples have entered into. I don't imagine this happens a lot any more, but every time it does, it is the most sickening, tangible kind of bigotry.

In a hospital, heterosexual relationships can be, and usually are taken on faith. In an emergency room, the statement, "I am her husband," will not require much, if any, proof. In less extreme settings, the relationship will almost certainly be part of the patient's ordinary medical records. A glance at the computer is all the confirmation anyone needs.

But while heterosexual couples can opt-in to the legal netherworld of the unmarried, same-sex couples get that as their default. The modern movement to allow a non-spouse legally binding power of medical decisionmaking disproportionately helps same-sex couples, but only to the extent they (a) have taken the appropriate steps, and (b) find themselves in a setting where someone will bother to acknowledge that legal power. None of this would be necessary if they were simply allowed the right any other couple has to get married in the first place.

The President's memorandum says that, yes, the federal government does mean it when it says that hospitals accepting government money must obey the law, both state and federal - and that includes giving proper effect to legal documents. That is one of the things a President can do. Among the hundreds of thousands, or millions of laws on the books that go unenforced or even unnoticed every blessed day, a President can focus in on a few that he views as significant in their invisibility.

The President's memorandum doesn't do much more than that. But it says a great deal that such a routine and bloodless action warrants headlines.

The Legitimacy Lie

March was a heady month in the District of Columbia. The influx of same-sex couples at the marriage bureau boosted applications to six times their normal rate. Activists have cause to celebrate.

Opponents, however, vow to defeat every incumbent who supported the new law. Bishop Harry Jackson, Ward 5 advisory neighborhood commissioner Bob King, and the National Organization for Marriage have organized a political action committee for that purpose. Mayor Adrian Fenty and seven pro-equality Council members are up for election this year.

The new PAC will back same-sex marriage opponents like mayoral candidate Leo Alexander, who says, "I think it was arrogant on the mayor's part and the council, just 14 individuals deciding how 600,000 should live." This is not mere opposition. Alexander describes representative government as if it were villainy. On this issue, we are told, only a direct vote by the people is legitimate. The most vulnerable incumbent, Ward 5 Council member Harry Thomas, Jr., says, "I think people who push that message have a message of intolerance for other people's rights."

The cries of illegitimacy echo rhetoric at the national level. Unlike the 2000 election, in which George W. Bush won fewer popular votes than Al Gore and was installed after the U.S. Supreme Court halted the Florida vote recount, the 2008 election saw Barack Obama win 53 percent of the popular vote and 365 electoral votes. Yet Rush Limbaugh refers to the Obama "regime" as if there was a coup, and is reinforced by Sarah Palin's know-nothing mockery and Glenn Beck's deranged conspiracy mongering. Newt Gingrich calls the centrist Obama the most radical president ever.

The right wing is in court hoping to force a ballot measure in D.C. so they can use this Big Lie technique to overturn marriage equality. Polls suggest voters would uphold equality, but such a campaign would be expensive and rancorous. In fact, though, voters have spoken many times through their representatives. In 1979, the D.C. Council under Arrington Dixon prohibited ballot measures that would infringe people's rights. Congress has never challenged that prohibition, which is backed by local civil rights veterans like Lawrence Guyot and Rep. Eleanor Holmes Norton, who support equal protection for all the families in our city. No anti-gay candidate has won election here in decades.

Bishop Jackson and Commissioner King talk as if the resounding passage of the marriage-equality bill happened while voters weren't looking. In fact, our victory was won not by deception but by decades of working within the system and building relationships from the neighborhoods to city hall. We won despite endless fear-mongering from Jackson's coalition, thanks in part to the voices of 200 gay-affirming clergy. Those who continue to demonize us for political gain have badly underestimated both gay rights advocates and Washington voters.

Opponents had the opportunity to lobby on the marriage bill, testify against it during two days of hearings, and testify at several hearings before the Board of Elections and Ethics. Those registered to vote in D.C. (as many opponents are not) can also vote in this year's election.

The opposition's electoral threats face the inconvenient fact that the leading contenders for Mayor, Council Chair, and Democratic At-Large Council member all support marriage equality. Black gay Republicans Marc Morgan and Timothy Day are running in Wards 1 and 5, respectively. The anti-gay bench looks thin.

We nonetheless have work ahead of us to ensure that supportive incumbents are rewarded for doing the right thing. In races where our friends are running against each other, we have an embarrassment of riches that would make GLBT people in most jurisdictions envious. If, as many of us believe, our opponents are on the wrong side of both history and the D.C. electorate, we need to keep proving it at the polls.

An Inconvenient Truth

James Kirchick writes in The Advocate:

It's not just gays on the right who should want to find a comfortable space in the conservative movement-gay liberals had better hope there's room for gays there too. That's because we continue to live in a center-right country, and with a Republican takeover of Congress in November becoming more likely with each passing day, the importance of achieving bipartisan support for gay rights legislation becomes all the more clear.

Meanwhile, the past year and a half of legislative stalling-all while the Democrats had the White House and supermajorities in Congress-ought to put a dent in the claim that gays have no choice but to invest all of their political energies in the Democratic Party. If liberal gays truly value legal equality over political partisanship, they will wish groups like the Log Cabin Republicans and GOProud tactical success in changing the GOP from within.

But how would that advance the careers of LGBT activists in the Democratic party?

Are Biological Bonds Special?

Those who argue that same-sex parenting "deprives" a child of its mother or father sometimes ask, "How would you feel if your mother or father were taken away?"

My answer to that question is, of course, "I'd feel terrible." But that fact scarcely settles the matter.

I'd feel terrible if anyone close to me were taken away. But that presupposes that the person "taken away" is already a part of my life. It doesn't follow that their not being present in the first place would "deprive" me.

My grandparents were all an important part of my life, but suppose they had all died before I was born. Would anyone have accused my parents of "depriving" me of grandparents, simply by bringing me into existence? Of course not.

I grant that the cases are not exactly parallel. If my grandparents had died before I was born, my parents could hardly be held responsible for their absence (barring matricide or patricide).

By contrast, the lesbian who visits a sperm bank-just like straight women who visit sperm banks-may consciously intend to raise a child in its biological father's absence, and thus has some responsibility for that absence (as does the father).

It is this fact that bothers our opponents. In their view, the lesbian and others in this (hypothetical but common) case are conspiring to deprive the child of its biological father. If we care to answer their concerns, we need to address this case.

Before doing so, however, it is worth pointing out several things. First, the objection doesn't touch those who become parents by adoption. In such cases, opponents might still object that the lesbian is depriving the child of SOME father. But they can't coherently claim that she is depriving it of ITS OWN father-and that is the objection I wish to focus on here. (Presumably, its own father is no longer in the picture-hence the adoption.)

Second, the objection applies equally to heterosexual women who seek anonymous sperm donors. Most people who use sperm banks are heterosexual, and most gays and lesbians never use sperm banks. So this is not an objection to gay parenting or gay marriage per se.

Third, and related, when applied to same-sex marriage the objection involves a blatant non-sequitur. It is one thing to argue against anonymous sperm donation. It is quite another to use that argument to oppose marriage for gays and lesbians. For even if one accepts the "no sperm banks" argument, it seems unfair to punish those gays and lesbians who do not use them. It is also unfair to punish those children whose parents did use them: such children exist, after all, and forbidding marriage to their parents (i.e. the ones that care for them) makes their lives less stable.

With these caveats in mind, we can return to the question at hand: is the lesbian (or for that matter, the straight woman) who uses an anonymous sperm donor "depriving" the child of its biological father?

The problem with answering this question is that the word "depriving" is so loaded that any response is likely to have unintended (and unpalatable) side effects. Answer "yes," and you insult the many good mothers who have used anonymous sperm donors and have provided wonderful lives for their resulting children. You also potentially hurt the children, by suggesting to them that they lead "deprived" lives.

Answer "no," and you seem to ignore the research that says that children do better, on average, with their own biological parents than in other family forms. You also suggest that there's nothing special about growing up with one's own biological father.

I for one wouldn't want to make the latter claim. That's partly because I am moved by the firsthand stories of people who have grown up not knowing one or more of their biological parents and feel a genuine sense of loss as a result. Their longing is real and should not be lightly dismissed.

But it's also because I myself feel that there's something special about the biological bond I have with my parents. The fact that I am literally flesh of their flesh moves me, for reasons that go beyond sentimentality.

The question is whether we can acknowledge this significance without casting aspersions on those whose parent-child bonds are non-biological.

I think we can. To say that the biological bond is special is not to say that it's the only significant bond, or that those who lack it are deprived of something necessary (much less sufficient) for a strong and healthy parent-child relationship.

More to the point, to say that the biological bond is special is hardly justification for "depriving" an entire group of people of the opportunity to marry.

On to 2012

To nobody's surprise, the main group trying to repeal Prop 8 this year in California has announced that it failed to gather the almost 700,000 signatures of registered voters needed to get the issue on this fall's ballot.

While that's disappointing for those who worked hard to get the signatures, and for those who believed it might be possible to win this year, it's good news for the movement. It was never a good idea to try for a repeal in this electoral and economic climate. Without the support of the main gay-rights groups, and without the support of major donors, the 2010 effort has mercifully expired.

Now the focus will turn to a possible repeal in 2012. There are at least two big unknown factors at work.

First, would a repeal in 2012 be successful? A recent poll showing that a bare majority of Californians now support gay marriage is as unpersuasive on this score as were the early polls telling us we would win the Prop 8 battle by fifteen percentage points.

Second, would a 2012 repeal effort be affected by the ongoing litigation over Prop 8 launched by David Boies and Ted Olson? It's now in a San Francisco trial court awaiting closing arguments and a decision. But the inevitable appeals will take at least a couple of years, and probably more.

In the fall of 2011, when money for a signature drive would have to be raised, and in the spring of 2012, when signatures would have to be gathered, it's likely the Prop 8 litigation will still be alive. In the summer and fall of 2012, when more money would have to be raised and volunteers would be needed to execute a campaign, it's quite possible the litigation will be at or nearing the Supreme Court.

The danger is that the very existence of the litigation will sap energy from a repeal effort. Some donors and volunteers will figure that the matter will be resolved by the Court, so why bother working for a repeal? The Supreme Court will do that for us.

The phenomenon of litigation draining energy from political work has precedent. Many abortion-rights activists believe, for example, that Roe v. Wade actually stunted the political movement for abortion rights. The same was true of the many legislative challenges to Connecticut's anti-contraceptives law in the decades before the Supreme Court struck it down. Several ongoing lawsuits over a period of thirty years made the drudgery of legislative work seem even less attractive, and unnecessary.

But at least in the case of abortion and contraception, the movements behind those efforts got what they wanted from the Supreme Court. In 2012, we may be in the unenviable position of getting nothing from the Supreme Court but a depressed and dependant political base.

Teach Your Parents Well

Sometimes we don't notice our victories until long after a battle has been won. Over the last couple of years, gay marriage has secured territory most people didn't even realize was contested, and its loss will be far more devastating to gay marriage opponents than their victories in all the court cases and all the elections in the world.

I'm talking about sweetness.

Our opponents demonize us -- sometimes subtly, sometimes explicitly, but viciously and relentlessly. Their chief weapon is sex - ours, not theirs -- overlaid with a self-righteous piety that is funny when Dana Carvey does it, and wrongheaded no matter whose pursed lips it leaks out of. But while everyone from the Pope on down has been focused on the inherent disorders and immorality of homosexual sex, another front in the gay rights battle opened up: Gay teenagers in love.

This year saw a slate of prom stories across the south in Mississippi, Georgia and North Carolina, and while the outcomes varied, the facts were the same: lesbian and gay students wanted to take a date to the prom, a date consistent with their sexual orientation.

It's pretty unlikely any of these kids will show up in recruiting materials circulated by the National Organization for Marriage. Take a look at the pictures of these kids, and try to figure out how you'd attack them - or why you'd want to. If you want the ugly side of this debate, you have to go to the adults opposing them, ganging up against Constance McMillen and calling her selfish for daring to think she should be able to go to the prom and dance with her date just like her friends.

It is victory enough that teenagers in the South are now claiming their proms. But they're also claiming time on network television. Here are two gay teens kissing on "As The World Turns." And here is a sequence of scenes where Justin comes out on "Ugly Betty," after a four-year story arc.

Neither show is a cultural landmark. But in a way, that's the point. This kind of thing is well within the worldview of people now, barely worth commenting on.

"Ugly Betty," in particular, gave us a couple of things that are inevitable precursors to gay marriage. First, young Justin has a very openly gay mentor, Mark. The irresponsibility and selfishness of Mark's life melts away as he gently and understandingly leads Justin through the conflicts and torments of adolescence in a way that his straight family - though completely, even overly, sympathetic - can't. (And I don't pretend to any neutrality here - I'm a fan of the show; but even if I were less biased, I think the point holds). Helping Justin makes Mark a better man. Where has that story been hiding all these years? The last American generation of gay and lesbian kids who couldn't imagine having an older relative/friend/teacher who could understand them has passed into history.

Justin also has a supportive family. This is now fully within the imagination of gay teens, even those whose family is not. When Derrick Martin was kicked out of the house by his parents in Georgia after media attention over wanting to take his boyfriend to the prom, he got outside support that had no equivalent when many of us were his age. The idea that his parents might be the ones acting wrongly is available to him, and kids like him. That does not ease the emotional pain or harm his parents are inflicting on their son, but it is a safety net we have been able to provide to cushion his fall. More kids will have supportive families as time goes on, but even those who don't will be able to know that they are right to be honest with themselves, even if their families cannot handle the truth. These are kids who might even be able to be patient with their parents, and be able to repair the relationship over time.

And that brings me to the sweetness that pervades all this. When Justin finally comes out on "Ugly Betty," it is not by making any announcement, or saying anything at all. He simply holds his hand out to his boyfriend as an invitation to dance - to dance with everyone else at his family at his mother's wedding.

There was no clear and unambiguous image like that for those who grew up in earlier decades, and I can't imagine how valuable it will be in the years to come. It will, of course (along with many other positive images), be a foundation for kids who are coming to identify as homosexual. But more important, it will be there for all the heterosexual kids, with no fear in it, and no evil, nothing to worry about and nothing to oppose.

The lack of that sweetness is what has most afflicted the public perception of homosexuality throughout history. It comes from the failure to view homosexuals as people who love one another. Imagine what it must be like to envision a group of people who don't have love in their lives, just sex.

If I were Maggie Gallagher or Brian Brown or Martin Ssempa or Pope Benedict, I can't think of anything that would scare me more than the gentle joy of two high school girls holding hands, swaying to the music at their prom, or two boys dancing and laughing with the family at a wedding. After a centuries long fight, we've got those images fixed now, real ones and fictional, and they won't ever be going away.

Don’t Hold Your Breath

In a recent newsletter to supporters (which I can't find online), Brian Brown, the executive director of the anti-gay-marriage National Organization for Marriage, writes:

Stopping the legal deformation of marriage is one key step, as is protecting the ordinary civil rights of voters, including religious people and communities. But the end game for us in this fight for marriage is something quite different: transmitting a marriage culture to the next generation. That means creating an America in which each year more children are born to and protected by their mother and father united in a loving, decent, average good-enough marriage.

Hey, I know! How about a state-by-state campaign to revoke no-fault divorce? That would be a good way to transmit a marriage culture and have more children protected by mothers and fathers in an "average good-enough marriage."

What? You don't think NOM will campaign against no-fault divorce?

Don't be so cynical. They just haven't gotten around to it yet.

The Power of Ellen

American Idol is a show everyone watches - young, old, from Red States and Blue. It is a throwback, almost, to the days of television when families would gather around a television set and watch enriching programming together.

And one of its big draws these days is a lesbian.

The New York Times pointed out last weekend that Ellen DeGeneres "finds a way to remind audiences of her sexual status on almost every episode of 'American Idol.'"

It continues: "More than in any other of her ventures, Ms. DeGeneres's performace on America's favorite television show suggests how hard she works to seem effortlessly funny and how determined she is to be openly but unthreateningly gay."

She brings it up gently, making jokes and bright-eyed allusions, mentioning her wife Portia, talking about her suits and short, tousled hair.

And America loves it.

Ellen is America's sweetheart of the moment, funny, down to earth, a pretty, sparkly woman whom everyone can relate to. And the extraordinary thing is that her gayness doesn't get in the way of that or hide it - instead, she makes being gay seem to be the absolutely normal thing that it is.

And an icon of Gay Normal is important. All too often - still - anti-gay conservatives point to people on the edges of our community as being representative of all gays and lesbians. They take images from Pride Parades and television and gay circuit parties and try to paint us as social outliers who are strange and frightening (or inappropriate and silly) and thus a danger to mainstream marriage, work and family.

Those who lie on our edges - Adam Lambert, say, or Johnny Weir, or any of the Dykes on Bikes - are important to us and are part of our community. They help us define our LGBT culture as one that celebrates fiercely individual personalities who nonetheless come together for common causes and celebrations. We need them and we love them and we celebrate their outrageousness.

But we need our Ellen DeGenereses and Dan Chois (and now Ricky Martins and someday Anderson Coopers), too. We need public figures who seem like the best friend that you wish lived next door, people who are safely sexy, people you can trust to watch your dog, people who you'd welcome to meet your kids and your folks and your elderly Aunt Martha.

Ellen works hard for us. As the Times says, her private life is "served up as an affirmation of gay marriage set in a Harlequin romance frame." And she brings her life "with her on America's most conventional reality show."

She makes gay marriage and gay rights seem easy to take - and not just easy, but almost as if they are a fait accompli. Ellen had a beautiful wedding and the many pictures and videos of a beloved Gay Normal icon getting hitched surely made marriage equality easier for middle America to imagine.

They can picture being at a wedding of a gay couple now. Which means that they are slowly being won over to our side.

America loves Ellen. Her daytime talk show may collect the gigantic Oprah Winfrey audience once Oprah moves on at some point next year. (The Times says she is the best bet to inherit "Oprah's mantle as talk show queen.") Her gentle jokes and self-deprecating bits have made her the most amusing judge to watch on American Idol.

Ellen has hosted the Emmys and Oscars, won 12 Emmys herself, and convinced then-candidate Barack Obama to dance on her talk show.

She is happy and successful and famous and - normal.

She is what middle America wants to be.

The contest for best singer might still be going on over at Fox, but America has already crowned it's next American Idol - and it's Ellen DeGeneres.

A Lesbian Albatross? So What?

They don't drive Subarus, wear comfortable shoes, or listen to folk music. But are the female pair-bonding albatross discussed in this Sunday's New York Times Magazine lesbians?

Despite its provocative title, the essay "Can Animals Be Gay?" is one of the more thoughtful and nuanced treatments to have appeared in a while. It achieves this largely by ignoring the title-question and instead focusing on what scientific research into animal behavior does-and more to the point, doesn't-tell us about humans.

These are the facts: Lindsay C. Young, a biologist studying a Laysan albatross colony in Kaena Point, Hawaii, discovered in the course of her doctoral research that a third of the nesting pairs there were actually female-female. Albatross typically pair off monogamously, copulate, and then collaboratively incubate the resulting single egg each year. Scientists who have observed nesting pairs generally assume-falsely, it turns out-that they are all male-female. (Albatross are difficult to sex by sight.) So Young and two colleagues published a paper explaining their surprising findings. From the Times essay:

"It turned out that many of the female-female pairs, at Kaena Point and at a colony that Young's colleague studied on Kauai, had been together for 4, 8 or even 19 years - as far back as the biologists' data went, in some cases. The female-female pairs had been incubating eggs together, rearing chicks and just generally passing under everybody's nose for what you might call 'straight' couples."

Like most scientists, Young and her colleagues were careful merely to share their observations, rather than to draw moral or political conclusions. But that didn't stop folks from both sides of the gay-rights debate from drawing foolish inferences and alternately either praising or attacking her research.

Gay-rights opponents derided the work as agenda-driven propaganda. Gay-rights advocates, by contrast, saw it as new evidence for the "naturalness" of homosexuality and even as providing a justification for marriage equality.

The simple truth that both sides overlook is this: Research about animals tells us what other animals' behavior is; it does not tell us what human behavior morally ought to be.

Notice the two key distinctions here. First, although humans are animals, they are not the same as other animals. That doesn't mean that studying other animals can't help us learn more about humans, often by suggesting hypotheses worth testing in humans. But species behave differently, and what's true of albatross, or bonobos, or fruit flies frequently isn't true of humans.

Second, there's the distinction between the descriptive and the normative; between what is and what ought to be. The fact that animals (including human animals) do something does not entail that we morally SHOULD do it.

Which means that all of the empirical research in the world, as interesting and important and valuable as it is, won't settle any moral disputes for us-at least not by itself.

I say "at least not by itself" because there are indirect ways in which this research may be relevant. Young's findings, for example, provide a nice illustration of heterosexist bias among previous scientists, and there are more general moral lessons to be gleaned when we uncover bias.

Moreover, such research can undermine the premises of bad arguments used by the other side. ("Animals don't even do that, therefore it's obviously wrong.") However, it's worth noting that the arguments would be bad even if they were not based on false premises, since they still involve invalid inferences. ("Animals don't cook their food either. What follows?")

There's also the undeniable fact that, whatever their logical flaws, these arguments have emotional resonance. As the Times essay notes:

"What animals do - what's perceived to be 'natural' - seems to carry a strange moral potency: it's out there, irrefutably, as either a validation or a denunciation of our own behavior, depending on how you happen to feel about homosexuality and about nature."

But that's just the point: the conclusion depends on "how you happen to feel." The feelings are doing the work, not the logic.

When bad arguments are used in the service of good aims, what should we do?

Suppose Young's study makes a parent less inclined to kick a gay child out of the house, because the parent (illogically) reads the study as proof that human homosexuality is "natural." This sort of thing happens all the time, and I'm hardly inclined to call up the parent and point out his or her logical lapse.

There are, however, long-range consequences to such laxity. The same logical sloppiness that motivates this particular parent to do the right thing helps others to rationalize discrimination. Repeat after me: what other animals do is one thing; what humans morally ought to do is another. Only when we distinguish those questions can we make a sound case for equality.

An Opportunity Ignored

In California's GOP primary for the U.S. Senate, former congressman Tom Campbell, a supporter of gay marriage, is under attack, and his previous front-runner staus reduced to a statistical tie with gay-marriage opponent and failed CEO Carly Fiorina, reports the DC Examiner.

The demented National Organization for Marriage is spending $300,000 on television ads that falsely liken Campbell to ultra liberal tax-and-spender Barbara Boxer, best known for castigating a military officer who dared show her the respect of calling her "ma'am."

According to the Examiner, Campbell's "opposition to Proposition 8, the 2008 ballot initiative that enshrined a ban on gay marriage in the California Constitution, has made him a target of the social conservatives who dominate the ranks reform the GOP."

If the LGBT political movement was at all savvy, its leaders would recognize that supporting a major, viable candidate like Tom Campbell is the only way to reform the GOP, and that eventually having two parties in support of gay legal equality is better than having one (which, by dint of being the only player with gay support, can easily take the money and run - and do little to nothing else).

But the LGBT movement is run by Democratic operatives who, IMHO, prefer having an anti-gay GOP - it gives them a big, easy, fundraiser target. And so we cling to the one party strategy.

More. No surprise; the Human Rights Campaign is going to go all out to support Boxer over a Republican who favors marriage equality and could begin to shift the national direction of the GOP.