IGF CultureWatch

The latest "Yes on 1" ad, just released by supporters of the Maine initiative revoking same-sex marriage, strikes me as so misleading, and so tangential to marriage per se, as to amount to little more than a naked pitch that gays will recruit your kids-the anti-gay "blood libel."

In a Sept. 18 memo, Maine public officials and law professors responded effectively to the substance of such ads (which, of course, really have not much substance to respond to): Marriage is not taught in the Maine curriculum and won't be soon; Maine has good religious-liberty protections in existing law; the cases misleadingly cited by SSM opponents have nothing to do with marriage per se (they're anti-discrimination cases). It's a fine letter. Everyone should read it.

But here's the political problem we face in Maine and California and, we can be confident, elsewhere. We are asking for full legal equality and, where education is concerned, we still have not figured out how to defend it. As the new ad makes pretty brazenly clear, what our opponents are really saying in their ads is: "Gay marriage will make it legally and morally harder for schools to condemn or ignore same-sex marriage, to teach that straight families are superior to gay ones, and to ignore and stigmatize homosexuality generally."

There's no denying that measures advancing gay equality in law, culture, and society will, other things being equal, advance gay equality in schools. If we cannot figure out how to defend that core proposition to voters, we're going to lose.

So what's my bright idea? I'm working on it. But I suspect the answer will be in the nature of a positive, forthright, non-defensive message about the value of teaching kids that discrimination is wrong and that everyone deserves a family. "Liar liar pants on fire" looks to voters like an evasion.

It's not like there's a shortage of gay-related things to write about this week, but I don't think nearly enough people know about Brendon Ayanbadejo and Scott Fujita.

No, they are not the new It Gay Couple. Far from it. They are linebackers. In the NFL. Ayanbadejo plays for the Baltimore Ravens (he's on injured reserve right now) and Fujita is with the New Orleans Saints, both teams at the top of their divisions.

And both of them have gone public supporting gay equality; Ayanbadejo explicitly in favor of same-sex marriage and Fujita throwing his support behind the National Equality March this weekend.

Fujita became active after last year's proposal in Arkansas to ban gay adoption. As an adopted child, himself, Fujita felt he could not remain silent. When complimented for his courage, he said:

I don't think it's that courageous. I think I have an opinion, that I wish was shared by everybody, but I honestly believe that it's shared by more [football players] than we know because a lot of people just won't speak out about it. I'm hoping that what [Baltimore Ravens linebacker] Brendon [Ayanbadejo] did, and things like what I'm doing, speaking out a little bit, hopefully more people will step up and acknowledge the fact that hey, its ok to talk about this. Just because I'm in favor of gay rights doesn't mean that I'm gay or doesn't mean I'm some kind of "sissy" or something. That's the language that you hear in locker rooms. I know these guys well. I know for the most part, guys are a lot more tolerant than they get credit for but they're not comfortable yet speaking out about it. It's going to come in time. By in large, it's an opinion that's shared by more people than are realized. I just wish it was shared by everybody.

This is a theme I'm seeing a lot more lately: closeted support for gay equality from people who are afraid to say publicly what they believe privately. That is the closet Fujita and Ayanbadejo came out of, and they're not alone. It is extremely problematic for many straight men to even talk about gay equality, for the reasons Fujita states. But then, it was hard for us to talk about it for many centuries, as well. It's easy for us to assume that pro locker rooms are hotbeds of homophobia, and it's good for us to hear that maybe sometimes we should be more generous in our assumptions, and encourage more public support like this. We need it. And I deeply appreciate it.

Whether adding robust (as opposed to paper-thin) religious-liberty exemptions to Maine's gay-marriage law would have kept that law off the ballot is dubious, at best. But there maybe something to suggestion-made here (PDF) by Prof. Douglas Laycock, a gay-marriage supporter-that adding those exemptions now might take some steam out of the anti-gay-marriage initiative. Since reasonable and robust religious exemptions make sense anyway, this should be tried.

Another group of legal scholars weighs in for them here (PDF).

A persuasive rebuttal: K.C. Johnson, a Brooklyn College historian, Maine native and voter, and co-author of a book on the Duke lacrosse fiasco, offers this reply to my post (excerpted, with his permission, from a longer email):

I just read the Wilson group's letter to Gov. Baldacci, and write to express my dismay at its timing-and your suggestion that Baldacci and the legislative Dems should consider adopting it at this stage of the campaign.

I suspect [that] the Yes on 1 effort will use the Wilson letter to revive their theme that the state will see a flood of lawsuits if Question 1 is rejected. That the Wilson group's letter acknowledged that their original missive had been misinterpreted in Yes on 1 advertisements but still felt compelled to send another letter, at the height of the campaign, strikes me as disturbing.

I also found absurd the Wilson group's claim that if only the state legislature had adopted their suggestions in the spring, the resulting campaign would have been more "civil." Since Yes on 1 seems entirely responsive to NOM and the state Catholic Church--both of which would have opposed gay marriage anyway-it's hard to imagine the provision's adoption making any difference in the tone of the campaign. Indeed, the provision is irrelevant to the education argument that's been at the heart of the Yes on 1 campaign.

I support religious exceptions-although not the Wilson group's assertion that these exceptions could, in some circumstances, apply to government employees-for political reasons. But given the way this particular campaign has turned out, I don't think there's much evidence that things would have been any different if the law profs' recommendations had been adopted, and the timing of this current batch of letters strikes me as highly unfortunate.

Over at Newsweek.com, IGF contributor Jamie Kirchick points out that the appointment, in Germany, of the world's first openly gay foreign minister presents a historic opportunity to embarrass the world's leading homophobes.

After he takes the helm of the Foreign Ministry, [Guido] Westerwelle ought to kick off his tenure with a tour of the world's most homophobic nations, speaking about the horrific ways in which these regimes treat their gay citizens.

Or, failing that, just raising the issue would make a difference. "Hillary Clinton and her predecessors Madeleine Albright and Condoleezza Rice have given great rhetorical and symbolic force to the cause of female equality during their tenures." Let's hope for the same symbolic advocacy from Westerwelle.

It's hard to know what to say about James Bowman's essay defending the ban on gays in the military. Andrew Sullivan and Isaac Chotiner take the first shots; I'm still speechless.

Here is the heart of Bowman's argument:

Yet if reason were to be readmitted to the debate, we might find something in the history of military honor to justify the principle now enshrined in the law decreeing that "homosexuality is incompatible with military service." We know that soldiering--I mean not training or support or peacekeeping or any of the myriad other things soldiers do, but facing enemy bullets--is inextricably bound up with ideas of masculinity.

Unpacking the centuries of stereotypes, affronts, provocation and plain old cheap shots jammed into these 70 words will take a week or so at least (and there are plenty more insults where these came from), but here's one that should be at the head of the pack, that I hope will be expanded on by the man who first made it, 18 years ago: Kenneth L. Karst.

In his prescient 1991 law review article, "The Pursuit of Manhood and the Desegregation of the Armed Forces" (38 UCLA L.Rev. 499, Feb. 1991), Professor Karst showed how attempts to keep African-Americans out of the military were of a piece with exclusion of both women and gays from the military. Here is his thesis:

Masculinity is traditionally defined around the idea of power; the armed forces are the nation's preeminent symbol of power . . . The symbolism is not a side effect; it is the main point. From the colonial era to the middle of this century, our armed forces have alternately excluded and segregated blacks in the pursuit of manhood, and today's forms of exclusion and segregation are similarly grounded in the symbolism of masculine power.

In a little over 80 pages, Karst demolished the narrow self-interest of those like Bowman who - whether intentionally or not - try to use the military as a means of affirming their own masculinity at the expense of others. The icing on the cake, of course, is that they then can use the lack of such "masculinity" against those they exclude.

It took generations for African-Americans to fully work their way into America's image of power and authority. Women are still trying. Lesbians and gay men have long been there, but only by agreeing to the extortion of lying - implicitly accepting that gay people should not participate in the very thing they are participating in.

I'd like to see Bowman respond to Karst, if he can. But frankly, I don't know if he's man enough.

I just want to add a quick note on Stephen Miller's post. His proposed Liberty Agenda would not only be a proper focus for the Democrats, it would be the more seemly -- and natural -- course for Republicans.

There' s not much that needs saying about The High Price of Being a Gay Couple. It is a flawless diagnosis of a longstanding problem glaringly obvious to anyone who is subject to its unfairness, or is willing to think about it for a minute and a half. Anyone who professes to care about protecting taxpayers - particularly against Democratic excesses - should be able to look at that article and know exactly what needs to be done.

Anyone who was not blinded by hypocrisy.

California's Dan Lungren, for example. He has boldly chosen, not only to support this higher tax burden for homosexuals, but to enshrine it in the U.S. Constitution.

As decent Republicans like David Frum, Steve Schmidt, and even (slowly) John McCain try to figure out a strategy to rescue their party from its absolutists, Lungren is merrily leading the fringe headlong into the 19th Century.

That almost perfect inconsistency between sane fiscal policy and Neanderthal homophobia has now become the hallmark of the Republican party. No wonder the number of people who are willing to take pride in being Republican shrinks by the day.

There's a big (or maybe not so much) National Equality March on Washington coming up on Oct. 10-11, organized by "grassroots" left-liberal and pro-union LGBT activists. But its main characteristic might be the lack of a clear, focused and achievable demand - I'd nominate pressing the Democratic Congress and president to repeal the provisions of the Defense of Marriage Act (DOMA) that prohibit the federal government from recognizing same-sex marriages that are legal and valid under state laws. Along those lines, two stories this week caught my eye.

The New York Times looks at The High Price of Being a Gay Couple:

In our worst case, the couple's lifetime cost of being gay was $467,562. But the number fell to $41,196 in the best case for a couple with significantly better health insurance, plus lower taxes and other costs.

From another angle, CNNMoney.com looked at health care costs and included a profile of a gay man married to his partner:

"I've started my own business, so for the time being, we've added me to my spouse's insurance plan.... The good news is that he's got an excellent benefits package, so that doesn't cost us anything extra out-of-pocket.... The bad news is that the Federal government doesn't acknowledge our relationship, so the employer contribution is reported as taxable income....

"I don't believe in socialized health care. I am a very big believer in the free market. I want universal health care through the private sector, through the free market."

Spot on. Marriage equality and the free market - a liberty agenda for real change we could believe in!

In his initial look at the numbers for Maine's Question 1, Nate Silver raises a fascinating issue. The People's Veto will be ". . . a standalone initiative in an off-year election in which voters will have few other things to consider. What sort of electorate will turn out?"

What a test case for the paradox of the minority in a democracy. The issue of same-sex marriage means a lot to those of us who are homosexual - to some of us, it means the world - but what does it mean to the majority of heterosexuals? What reason, if any, will they have to vote in this election?

Frank Schubert, the go-to guy to run anti-gay marriage campaigns, has pointed out that he faces a challenge from the fact that most heterosexuals haven't had much opportunity to think about same-sex marriage very much. . . and when they do, they don't see much to worry about. That's why Schubert needs to (in his words) "develop" things for heterosexuals to worry about - what he calls "impacts." Or, in the words of his partner, Jeff Flint, their job is to create a doubt and "project the doubt forward" into an imagined -- and very scary -- future.

Schubert and Flint came up with some very effective zombie tales in California and startled enough people to pass Prop. 8. But that was in an election where same-sex marriage was hardly the main subject in most voters' minds. In contrast, Maine's election will focus voters on that one issue.

What, for heterosexuals who support us, will match the passion to vote that we have, with our minuscule numbers? This election, more than any I can think of, will test the potency of sheer justice as a motivator for voters. Our supporters really have nothing else at stake except the naked idea of fairness. They neither win nor lose anything else with their vote. But fairness is a notion that does not even register in the minds of our opponents, aroused into hallucinations of religious persecution and childhood indoctrination. That will be Schubert's get-out-the-vote strategy.

Who will vote in Maine, and why? That will give us an x-ray of American democracy circa 2009.

Hospital visitation rights for same-sex partners seems an absurdly low bar when it comes to our equality - the very least we could possibly ask -- and it's hard to imagine such small comfort being denied any more.

Which is one reason the court decision in Janice Langbehn's case is so startling. She and her partner, Lisa Pond, took their three children to Miami for a family cruise in February 2007. Pond suffered an aneurism, and was hospitalized in Miami. The hospital did everything it could to prevent Langbehn from having any contact with Pond, and succeeded in keeping them apart until Pond died. Langbehn and Pond had done everything a couple unable to get lawfully married could do to prepare for such an event, including health care proxies. But in a state like Florida where anti-gay prejudice continues to prevail, all the legal preparations in the world don't mean a thing.

According to a press release, the court ruled that "the hospital has neither an obligation to allow their patients' visitors nor any obligation whatsoever to provide their patients' families, healthcare surrogates, or visitors with access to patients in their trauma unit."

As a strictly legal matter, that may be true (the decision can still be appealed). But as a moral matter, it is appalling. Hospitals came into being because of human compassion for illness and suffering. Whatever their legal obligations, preventing a woman from seeing her dying partner until the priest arrives to deliver Last Rites is a level of cruelty that should go down in the annals of depravity. For the record, the hospital is Jackson Memorial ("One of America's finest medical facilities"), a name that should also be recorded for posterity.

Their depravity, though, is reserved only for those of us who are homosexual. That may provide comfort to a subset of heterosexuals. But for the rest of us, this story is beyond horror only because it is true.