Less Than Equal, Again

The original House-passed health care bill contained a provision extending to domestic partners the same tax exclusion on the value of employer-provided health benefits that spouses of employees receive. That was a major step forward-the taxes paid by domestic partners but not spouses for "family coverage" are huge.

The Senate dropped the tax-equalizing provision entirely in its version of the health care bill, although at the same time it loosened the language restricting government funding of abortion. Score: One for the pro-choice/abortion lobby, zero for gays.

The new reconciliation bill negotiated by Obama with House and Senate Democratic leaders (intended to be passed after the House's passage of the Senate bill) keeps the Senate's less-restrictive abortion-funding language but doesn't put back in the House's provision equalizing the tax treatment of health benefits for domestic partners. Score: Two for the pro-choice/abortion lobby, zero for gays.

The choice/abortion lobby knows how to play hardball. The LGBT Democratic party fundraisers know how to applaud and swoon.

More. The health care bill says that employers must allow adult children of workers to stay on their parent's plan up to age 26. The reconciliation measure clarifies that this is on a tax-free basis, so employer's don't have to input the value of the benefit as income to be taxed- as they will still have to do for domestic partners. So the Democrats expanded the universe of untaxed benefits for some family members and left us out, again.

If the Human Rights Campaign's claim that it pushed for untaxed DP benefits is true, I can only say that doing so while cheering the president and providing unconditional support to the party is a deeply flawed strategy.

Furthermore. I'm reminded that it's not just same-sex domestic partners that remain excluded; it's same-sex spouses as well! LCR has more, here.

Not Betraying Us

General Petraeus' statement this week on DADT:

"I believe the time has come to consider a change to Don't Ask, Don't Tell. I think it should be done in a thoughtful and deliberative manner that should include the conduct of the review that Secretary Gates has directed that would consider the views in the force on the change of policy. It would include an assessment of the likely effects on recruiting, retention, moral and cohesion and would include an identification of what policies might be needed in the event of a change and recommend those polices as well."

Anti-gay social conservatives will be contacting Moveon.org to see if it has any of those General Betray Us posters left over.

Sacred Hearts

There were many questions and much speculation (particularly in the Comments to my post) about the underlying facts related to the Catholic School in Boulder that expelled the children of a lesbian couple.

That couple has issued a statement anonymously (to protect their children's privacy). It lays out the facts clearly, concisely and with a cool passion I can only admire. If there's any better commentary on this situation, I can't imagine what it would sound like. If this case has caught your attention at all, their words are a must-read.

I titled my post "Suffer the Children," but I am happy to take it back. These children have got a couple of the best parents in the world, and while their church is doing everything it can to undermine these women's amazing parental skills, any suffering the church may be causing to the kids is more than compensated for by God's gift of their moms.

(H/T to Towleroad)

Borders and Closets

The border guard didn't even look up when she asked the question: "Citizenship?"

"U.S."

"And why are you in Canada?"

I paused. She looked up.

I was going to Canada to give a lecture, which would be easy enough to say. But then there would be the inevitable follow-up question: "A lecture on what?"

Instantly I thought back to a story once told to me by Glenn Stanton, my frequent debate-opponent from Focus on the Family. Just prior to Canada's legalization of marriage for gays and lesbians, Glenn went there for a right-wing conference. When the border guard asked him, "Why are you in Canada?" he responded with "For a same-sex marriage conference."

His border guard shot back, "We don't need that shit here."

After relaying the story to me Glenn added, "I thought to myself, what if it had been you, John?"

To which I responded, "Welcome to my world, Glenn."

I live in Detroit, just next to Windsor, Ontario. I go there occasionally for dinner with friends, and most times the crossing is smooth. But if you happen to catch a border guard who's having a bad day, or who's on a power trip, or who's just congenitally an asshole, be prepared for an unpleasant delay. I generally aim to give border guards all and only the information they absolutely need.

And yet a frequent theme in my advocacy work is the importance of coming out. Not just on National Coming Out Day, or at pride parades, or when writing columns for the gay press, but at any time when reference to one's (actual or desired) significant other-or more generally, one's life-would be appropriate. Coming out is an opportunity to teach diversity, and to be a role model for those around us and those who come after us.

More than that, it's a chance for simple honesty: there's something profoundly dehumanizing about treating one's sexual orientation as a dirty little secret. I don't want to be complicit in that.

So (for instance), last Valentine's Day, when a Trader Joe's employee presenting roses to female customers offered me one, saying, "Maybe you have a special girl at home to give this to?" I responded, "I'll give it to my special GUY at home, thanks!"

Giving a diversity lesson to a Trader Joe's employee is one thing; giving one to grumpy border guards is another. Military uniforms intimidate me more than Hawaiian shirts do. In the past, I've been harassed by Texas State troopers for kissing (yes, kissing) another man, and it wasn't fun.

After that Texas incident, I filed a formal complaint, which resulted in the trooper's being put on probation and having to take classes on Texas state law. I'm not afraid to stand up for my rights, but like most people, on some days I just don't want to be bothered.

I admit I'm embarrassed to share these thoughts. It's not just because of the great figures who have stood up for our rights even when it's been inconvenient or dangerous: luminaries like Frank Kameny, Harvey Milk, Del Martin, Phyllis Lyon and Harry Hay. I'm sure even they had days when prudence trumped other virtues.

It's because I was facing a CANADIAN BORDER GUARD, for goodness sake. They're not exactly the SS.

So I'm embarrassed that the question gave me pause. But I share the story anyway, because it speaks to the tremendous power of the closet.

"Why are you in Canada?" She repeated the question, startling me from my deliberations.

"I'm giving a lecture at the University of Lethbridge."

"A lecture regarding…?"

"Gay rights."

Now she paused.

"Have you ever been to Lethbridge?" she finally asked.

"No."

"Well, good luck with your talk." Then, as she stamped my declarations form, she leaned forward and whispered conspiratorially, "Really, good luck. It's redneck country, you know."

Abortion and Gay Equality: Not Joined at the Hip

Writing in the Washington Post, Michael Gerson observes:

Just 20 years ago, opposition to abortion and opposition to homosexual rights seemed to overlap entirely. They appeared to be expressions of the same traditionalist moral framework, destined to succeed or fail together as twin pillars of the culture war.

But in the years since, the fortunes of these two social stands have dramatically diverged. A May 2009 Gallup poll found that more Americans, for the first time, describe themselves as "pro-life" than "pro-choice." A February CNN-Time poll found that half of Americans, for the first time, believe that homosexuality is "not a moral issue." This divergence says something about successful social movements in America.

He goes on to note that:

...a generation of thoughtful gay rights advocates, exemplified by Jonathan Rauch of the National Journal, has made the argument for joining traditional institutions instead of smashing them. More radical activists have criticized this approach as assimilationist and bourgeois. But only bourgeois arguments triumph in America. And many have found this more conservative argument for gay rights-encouraging homosexual commitment through traditional institutions-less threatening than moral anarchism.

That speaks to the advancement of gay marriage and other "assimilationist" goals once virulently denounced by "progressive" gays as "rightwing." But going back to Gerson's initial point about abortion, many leading gay political groups still maintain a pro-abortion-on-demand litmus test for candidates they'll endorse, including the Gay and Lesbian Victory Fund. This effectively eliminates many Republican gays-and gay-supportive but pro-life Republicans (and a few Democrats)-from ever being backed by these officially nonpartisan LGBT groups.

More. Another sign of the times. Gov. Bob McDonnell of Virginia, a Republican and long-time social conservative, unexpectedly issued a directive barring discrimination against gay state workers. As the Christian Science Monitor reports:

By making that move, the governor "is now projecting the image of reasonableness and inclusiveness," says Larry Sabato, director of the University of Virginia's Center for Politics. "This is not going over with the hardcore right-wing elements in the party, but it is a necessity for governing and it tells you where our society has gone. McDonnell has recognized a reality."

Small steps forward are still steps forward, and we'll only fully gain equality under the law when anti-gay stances are anathema among both liberals and conservatives, Democrats and Republicans.

Suffer the Children

Bill O'Reilly is quite right. "Something doesn't sit right here." There's a big chasm between the reasons offered by Sacred Heart of Jesus School for expelling the children of lesbian parents and the consistent application of those reasons to anyone other than homosexuals.

The Catholic school did not remove these children because they were homosexual, but because their parents were. The eager but nonpersuasive priest O'Reilly interviewed gave this woolly but absolute reason for the decision: "a religious institution [must be] able to preserve its identity on fundamental issues."

I certainly couldn't argue with that, nor could O'Reilly. But what is that supposed to mean?

And that's where O'Reilly zeroed in. What about divorced parents? Or adulterous ones? Is the archdiocese as zealous in preserving its identity on those fundamental issues as well?

I can speak to this from personal experience. My parents needed to use contraception for medical reasons after the birth of my younger sister, and were prohibited for many years from attending mass (they would drop my sister and I off at church and pick us up afterward; eventually they found a more understanding priest). My sister is divorced and remarried. I am gay.

My family, then, provides a trifecta of Catholic sins. Yet the church is not engaged in any active campaign to prohibit contraception or divorce; just same-sex marriage. I am not aware of any diocese that is prohibiting the children of divorced and remarried parents, or those who use contraception from enrolling their children in Catholic schools, and the priest here does not even attempt to engage O'Reilly on that issue - he simply reverts, again and again, to the general principle, which he wields to defend the church's fundamental identity as anti-gay but not anti-contraception or divorce.

I wondered whether the church had eased up on contraception and remarriage. Perhaps those are no longer "fundamental" parts of the church's identity. I've seen ads and signs for Catholics Come Home, which is calling ex-Catholics to return to the church, and went to their website.

Both divorce and contraception have their own specific pages, and if the church has changed its position on either since I was a member, you couldn't tell from this site. Divorce is still prohibited; however, it looks like the church may be a bit more generous these days in handing out annulments ("it's not scary") to pave the way for remarriages.

Contraception is still banned, though, as well as any infertility treatments. The page specifically says "these issues are a big deal." So where is the enforcement effort to maintain the church's fundamental identity on contraception? The U.S. Catholic Bishops, themselves, estimate that about 96% of married American Catholic couples use birth control.

The numbers speak for themselves. No rational institution is ever going to try and enforce a rule it knows 96% of its members violate. It's far easier to take a hard line against a group that is smaller - say 3-5%.

This is how the Catholic church has lost its credibility. Its survival takes precedence over its coherence. What moral principle is at stake in bullying a tiny minority when the sins of the majority are accepted in the normal course of business? O'Reilly wants to hold the church to a higher standard, to some level of consistency. But over and over, the Catholic church proves its anti-sexual posturing goes only as far as homosexuality.

Only heterosexual Catholics can call the church on its hypocrisy. The question is why would they? O'Reilly suggests they might do it out of principle. I applaud him on this. That would be a principle worth standing up for.

The Ashburn/Perez Axis

On Monday, March 1, John A. Perez was sworn in as California's first openly gay Speaker of the Assembly. Two days later, state Senator Roy Ashburn was arrested for driving drunk in Sacramento's gay neighborhood, accompanied in the car by a young man.

There you have the culture war over homosexuality in a nutshell, the two iconic ways of being gay: pride or shame.

It might not be entirely fair to call Sen. Ashburn gay; he certainly doesn't. But he's about the only one. His sexual orientation is usually referred to as an "open secret" in Sacramento, where his appearance at the city's gay bars is neither infrequent nor unnoticed.

His approach to homosexuality is the one the 55 year old grew up with: denial. But "denial" isn't exactly right, since, over time, he seems to have come to some acceptance of the fact that, by nature, he finds men sexually attractive. And even in public he does not formally deny he is gay; he dodges. His sexual orientation is "not relevant" and "has no bearing" on his job performance. He doesn't say he's gay, but neither is he on record saying he's not gay.

This public avoidance of what is obvious to everyone who knows and works with him requires almost military discipline and Herculean exertions of nuance and distraction.
Not to mention self-deception. Not his (since it's fairly obvious he knows his sexual proclivity), but the self-deception of those who are working so hard to disbelieve the undeniable.

That is what his party not only demands of its followers, but seems to prefer - the willing (if not mandated) suspension of disbelief. No GOP candidates can ever be (openly) homosexual.

The confines of that small parenthetical contain the entire culture war over gay rights. Of course some GOP candidates and elected officials are homosexual. Of course GOP voters are, as well. But that observable and unavoidable fact can't be honestly and straightforwardly talked about in the party. Log Cabin and now GOProud keep trying, while the party leaders and voters put their fingers in their ears and shout "Lalalalala!" as loud as they can.

This not only disables the party's gay officials, it makes the entire party look simpleminded if not entirely insane.

Compare that to the Democrats. Yes, the Dems have their closeted gays as well, but that's not the party's fault, it's entirely an individual choice. And it can be as fatal to Dems as it can to their counterparts.

But homosexuality is hardly a disqualifying factor for a Democrat - or certainly isn't in California. John Perez worked his way up right alongside heterosexual party regulars, and his sexual orientation is no more a secret than theirs. On the merits (or on the politics - the two are intertwined), his colleagues in the Assembly voted for him to be their leader. Like the Latino, women and African-American speakers before him, being a minority in California might actually have been an advantage, but among many contenders, he's the one who made the cut. Prior speakers of both parties, including the Granddaddy of them all in modern California politics, Willie Brown, showed up to celebrate Perez's elevation. Encomiums and accolades were offered, and Perez's inaugural speech met with rousing and sustained cheers.

Ashburn could never have aspired to anything like that in his party. No homosexual could.

Many people fall between these radically different understandings of homosexuality. But we are now at a stage where each party has adopted its own model. In California this week, we got to see exactly how they differ.

What’s Love Got to Do With It?

Okay-so I promise that this is my last column for a while on the definition of marriage. Four out of five in a row is enough.

But I've learned a lot from writing these, especially because of comments from various marriage-equality opponents. Three points stick out.

First, the definitional argument is deeply important to them. Perhaps this shouldn't surprise anyone. But it does surprise me that even those who explicitly acknowledge that marriage is an evolving institution place great weight on what marriage has been, as if that would settle the question once and for all of what marriage can or should be. It doesn't.

Second, marriage does not lend itself to a pithy definition. Whatever marriage is, its definition won't be like, "A triangle is a three-sided plane figure."

That's because marriage is both evolving and multifaceted. Marriage is, among other things, a social institution, a personal commitment, a religious sacrament, and a legal status. It looks different from the spouses' perspective than it does from the outside; it looks different respectively to anthropologists, philosophers, theologians, lawyers, and so on.

Each of these perspectives can tell us something about what marriage is; none of them is complete or final. Any definition they provide, however useful, will be partial.

Third, those who emphasize the definitional argument, when they're not simply begging the question against marriage-equality advocates, often invoke a false dichotomy: Either marriage is a social institution for binding parents (and especially fathers) to their biological offspring, or else it is an adult expression of love-an expression that these opponents variously dismiss as selfish, empty, or "fluttery".

Contrast this with the actual view of most marriage-equality advocates, which is that marriage is both of these things, and then some.

Yes, marriage is the cross-cultural institution that has provided for the needs of children. But how? What makes marriage so suited to this purpose?

I'll hazard a guess: it does so because it is also an abiding commitment between the spouses. It binds them together "for keeps," thus creating a stable environment for any children who arrive.

So the view that marriage consists in abiding love between adults is not merely COMPATIBLE with the view that marriage serves children's welfare; the former actually helps explain the latter.

There's nothing "fluttery" about this. The abiding love of marriage is not just a vague feeling or promise-it's an ongoing activity. I'm reminded of the words of St. Augustine, "Dilige, et quod vis fac": "Love, and do what you want." Augustine knew that true love is challenging; it takes work.

After one of my recent columns, a prominent same-sex marriage opponent wrote:

"I invite you to look back at the entire world history of anthropological thought on the topic of what is marriage, and point out to me even ONE example of ONE scholar who has, based on ethnographic data, said, actually or in effect, since recorded history began, that marriage in human groups is properly defined as the promise of abiding love. If you can identify even one reputable scholar in the history of the world who has made such a statement or implied such a thing, I will grovel before you in abject intellectual humility and gladly buy you the lunch of your choice…"

Well, I couldn't find an anthropologist who said that. Actually, I didn't bother looking. Anthropologists define marriage by its cultural function, and "abiding love" isn't really their angle. But I did find this:

"The inner and essential raison d'etre of marriage is not simply eventual transformation into a family but above all the creation of a lasting personal union between a man and a woman based on love."

What radical, "fluttery" activist wrote these words?

Actually, it was Pope John Paul II.

Of course the late pope defines marriage as "between a man and a woman." No shock there. But the interesting thing is that he writes that marriage is "above all…a lasting personal union…based on love."

Perhaps he was distracted when he wrote this. Perhaps the Radical Gay Agenda had begun to infiltrate the Vatican.

Or perhaps the pope realized what most people know. Marriage is fundamentally a lasting personal union based on love-which is not to say that it is ONLY that.

As I said above-and it bears repeating-any neat definition of marriage will be partial and imperfect. There are counterexamples to this characterization, ways in which it is both too broad and too narrow.

But "marriage" is not definable in the way "triangle" or "bachelor" is.

And when marriage-equality opponents feel compelled to repudiate characterizations of marriage that The Gay Moralist, the previous pope, and most married couples all find obvious, you know they're in trouble.

Gays Without Borders

The gay news from Africa gets more frightening every day.

In Uganda, a member of Parliament said he would hang his son if he learned that he was gay. He said this while the Ugandan Parliament debated an anti-gay bill imposing harsh penalties for homosexuality - including the death penalty.

In Malawi, a gay couple faces 14 years in prison because they held an engagement party. There, gay marriage is not just illegal (meaning, not allowed) - it is criminal.

And in Kenya, mob violence greeted fake reports of the marriage of two gay men. Rioters destroyed computers and other equipment in an AIDS clinic. They beat more flamboyant men in the street. And they went house to house in a witch hunt to find gay men, arrest them - and beat them.

The American reaction to this - even the gay American reaction - tends to be one of two things.

We're indifferent. Or we're horrified, but blame American Christians and expect them to fix it.

We blame American Christians because some extreme, anti-gay rightwingers encouraged fear of gays within the Ugandan government. Some have taken responsibility for that; some have not.

But it is not enough anymore for the gay community to stand by while our African brothers and sisters are rousted from their homes, beaten senseless, arrested and killed.

We cannot sit back and expect our homegrown American extremists to make it better. After all, they might have been responsible - or at least instigated - the situation in Uganda, but Kenya's horrors were incited by local Muslim clerics.

Instead, we must do what we can. And we can do a lot.

On the home front, we can use our political power to ensure that African gays and lesbians who are in danger in their home countries find political asylum here. And when they get here, we can help them find homes, jobs, education.

We can pressure our leaders to make public statements against anti-gay violence (Barack Obama, of Kenyan heritage and beloved in Africa, would be a particularly effective spokesperson).

And we can encourage our Congressional leaders to tie the billions of dollars of HIV/AIDS funding that we send to gay-friendly education efforts. If Republicans can add pro-life strings, why can't we add pro-gay ones?

But I think we can be even more creative than that.

Christians, after all, didn't have pull in Uganda because they made a speech. They have influence because they have spent millions of dollars in Africa - on AIDS, yes, and also on infrastructure, on food aid, on personnel to educate and heal and help. They send missionaries to live among the people. They recruit.

It is time we did the same.

We need Gays Without Borders. We need to start pooling our talent and resources and assisting developing countries.

After all, gays and lesbians - lesbians in particular - tend to gravitate toward non-profits. We are social workers, doctors, nurses, teachers. Why shouldn't we put that knowledge to use to help Africans? Who knows how to organize the medical establishment (or lack thereof) to fight AIDS better than gays and lesbians? Who can tend to AIDS patients better or with more empathy?

And we wouldn't help just gay Africans, either. Christian relief groups don't just help Christians. Instead, the idea is to be a model - and to encourage a certain way of thinking. In our case, that way of thinking would be: Gay is OK.

Many Africans think of gay people as being perverted. They think of us as an underground sexual cult of some kind. But Gays Without Borders could show them first hand that we are a people to be respected, emulated, idolized.

We are scared and horrified by the news coming out of Africa. It is time we did something about it.

What Marriage Is

An opponent writes, "What's YOUR definition of marriage? If you're going to use a word, you need a definition of the word."

I doubt that.

After all, most English speakers can competently use the word "yellow," but ask them to define the term (without merely pointing to examples) and watch them stammer.

And then try words like "law," "opinion," and "game" just for fun. It's quite possible to have functional knowledge of how to use a term without being able to articulate the boundaries of the relevant concept.

Alright, you say, but as someone deeply involved in the marriage debate, surely the Gay Moralist has a definition to offer?

Yes and no. I have definitions to offer, not a definition.

The word "marriage" can refer to many different things: a personal commitment, a religious sacrament, a social institution, a legal status.

And even if we focus on one of those-say, the social institution-there are other challenges. As David Blankenhorn puts it: "There is no single, universally accepted definition of marriage-partly because the institution is constantly evolving, and partly because many of its features vary across groups and cultures."

Blankenhorn makes this point in his book The Future of Marriage. It's an interesting concession, since he spends much of the rest of the chapter railing against marriage-equality advocates for offering "insubstantial" and "fluttery" definitions that emphasize personal commitment over marriage's social meaning.

Not surprisingly, his own definition emphasizes children:

"In all or nearly all human societies, marriage is socially approved sexual intercourse between a woman and a man, conceived as both a personal relationship and an institution, primarily such that any children resulting from the union are-and are understood by the society to be-emotionally, morally, practically, and legally affiliated with both of the parents."

Putting aside the odd claim that "marriage is…sexual intercourse" (rather than, say, a context for such intercourse), this is actually a pretty good description of what marriage typically is.

But the "typically" is key. On the very next page, Blankenhorn acknowledges a counterexample (raised by Christian theologians, no less): Marriage can't be essentially sexual, since if it were, the Virgin Mary's "marriage" to Joseph would not be a marriage. (And one could point to plenty of contemporary sexless marriages that are nevertheless marriages.)

Moreover, Blankenhorn's own definition includes the hedge-word "primarily," acknowledging that marriage has goals beyond providing for children's needs.

My fellow philosophers are often enamored of analyses that provide "necessary and sufficient conditions" for concepts: definitions that capture all, and only, the members of a class. But I have yet to see anyone on either side of this debate do that for marriage, and I doubt that it's possible.

The definition would have to be broad enough to include unions as disparate as King Solomon's polygamous household; Elizabeth Taylor's marriages to her various husbands; my maternal grandparents' arranged marriage; Bill's marriage to Hillary; Barack's marriage to Michelle. It would have to make sense of metaphors such as the claim that nuns are "married" to Christ (traditional profession ceremonies even involved wedding dresses). And yet it couldn't be so broad as to include just any committed relationship.

Are there necessary conditions for a union's being a marriage? Sure. For instance, there must be at least two persons. (I say "at least" because polygamous marriages are still marriages, whatever other objections we might have to them.)

Beyond the "at least two persons" requirement, we find a host of features that are typical: mutual care and concern, romantic and sexual involvement, a profession of lifelong commitment, the begetting and rearing of children.

But "typical" does not mean "strictly necessary," and for any one of these features, it takes very little imagination to think of a genuine marriage that lacks it. A "marriage of convenience" is still a marriage, legally speaking. A childless marriage is still a marriage. A marriage on the brink of divorce is still, for the time being, a marriage.

I am not suggesting that any of these scenarios is ideal. But our opponents' objection isn't that same-sex unions aren't "ideal" marriages. It's that they're not marriages AT ALL. And that objection is much harder to sustain when one surveys the various overlapping arrangements-some with children, some without; some intensely romantic; some not-that we call "marriage."

So what is marriage? For me, the standard vow captures it nicely, though of course not perfectly or completely. These are the words my parents used, and the same words I used with my partner, Mark:

Marriage is a commitment "to have and to hold; from this day forward; for better, for worse; for richer, for poorer; in sickness and in health; to love and to cherish; until death do us part."

"Fluttery?" Maybe. But real, and important, and good.