A Different ‘Right’?

Two things struck me about last Saturday's huge "tea party" March on Washington: the way the media dismissed the event's importance and focused on the kooks (exactly as they used to do with gay protests), and the lack of an anti-gay message from among the marchers (a very good development).

As to the first point, Matt Welch, editor of the libertarian magazine Reason, observed in the New York Post, "How do you marginalize a significant protest against a politician or policy you support? Lowball the numbers, then dismiss participants as deranged and possibly dangerous kooks. In the case of Saturday's massive 9/12 protest in Washington, done and done." Just as was done with gays. The major media is rarely objective, it's just that its biases change.

Similarly, the Cato Institute's Gene Healy's recounted:

Judging by the massive crowd on Saturday that descended on Washington for the 9/12 March, you'd have to be deaf not to recognize that small-government conservatism remains a vital part of the national conversation.

If you've been fed a steady media diet of MSNBC over the last few months, though, you could be excused for fearing a Pennsylvania Avenue takeover by a rabble of pitchfork-wielding cranks and extras from "Deliverance." But the crowd - "in excess of 75,000 people," according to a D.C. Fire and Emergency Medical Services spokesman - was made up of orderly, pleasant, middle-class Americans from all across the country.

In my two hours at the protest, I didn't see a single "Birther" sign, and spied only one racially insensitive caricature. "Many of the signs," the liberal Center for American Progress alleges on its blog, "attacked President Obama using explicit racial and ethnic smears" - a claim that's simply false. . . . The gallery of "racist, radical portrayals" they posted after spending hours looking at tens of thousands of signs contains few that fit the bill.

And, somewhat surprisingly, there seems to be no evidence of anti-gay contingents at the protest, either. Even Andrew Sullivan, who posted every crazy or embarrassing sign that anyone saw at the March (how dare they criticize the Chosen One!), couldn't find any that were anti-gay. So I think we can assume there weren't any.

This was, in fact, a different group of right-wingers, as the Wall Street Journal reported on Saturday:

"The demonstrators, who plan to march up Pennsylvania Avenue to the Capitol, are drawing their passion not from Bush-era fights over terrorism or gay marriage, but rather from Reagan-era debates over big government programs."

This could be partly because Obama has steered clear of social issues, such as marriage equality, and has instead worked hard to advance bigger-government programs, so that's where the country's focus is. But it's also true that the established groups that played some role in Saturday's march - National Taxpayers Union, Freedomworks, Americans for Prosperity - tend to be led by libertarians with no interest in the anti-gay agenda.

It's clear that the Bush-Obama bailouts and the larger Obama program have galvanized libertarian-leaning, anti-tax, anti-deficit, small-government people, and those are the issues being talked about this summer. And if the beltway LGBT movement wasn't run by Democratic party operatives, they might see that making common cause with pro-liberty groups on the right as well as with the pro-gay big-government left could create a movement that might have a fighting chance of achieving legal equality for gay people, rather than just delivering gay votes, and dollars, to Democrats.

What’s Barney Frank Afraid Of?

I'm a big fan of Chris Geidner at LawDork, but I have to disagree with him (a bit) about the DOMA repeal bill, and specifically about Barney Frank's unequivocal position that he won't sign on.

Chris agrees with Frank's strategic thinking, which is nearly always impeccable. The bill's "certainty provision" provides that any marital rights recognized by the federal government (social security survivor benefits, say) could not be denied by a state that doesn't, itself, recognize same-sex marriage. Frank argues this would be a political problem of enormous proportions, and again it's hard to disagree with him about that.

But neither Barney Frank nor Chris argue that this is a bad thing as a policy matter. In fact, unless I'm misreading this provision, I suspect both of them might think it's a good thing, and entirely consistent with the way the federal government interacts with state governments on a regular basis. States don't often get the right to deny people federally recognized rights.

But as a strategic matter, having the most powerful, openly gay member of Congress in either house refuse to co-sponsor a repeal of DOMA because it includes a provision that will be controversial, or because the bill, itself, would be controversial (which it will) sends an odd and disconcerting message - that we should only support bills that are sure to pass.

No bill about gay equality in Congress will be easy But where is the shame (for us) in having the right thing voted down? DOMA repeal, in particular, is going to be a big challenge. But that's not because it's the wrong thing to do, it's because there is still adequate anti-gay prejudice in the country to make doing the right thing troublesome for many members of Congress.

That shouldn't be the reason for Frank to avoid co-sponsoring the bill, though, it should be the reason for him to be front and center on it. DOMA repeal is a public fight we need to have, even if it means surviving a losing vote or two. If gay people won't stand up for our own equality in the face of opposition and possible failure, how can we expect heterosexuals to?

Horror Show!

"At the end of the day, people vote on issues based on how they think it will impact them and their families. We spent a great deal of time trying to understand what impacts could we develop that would work. Communication has to be aimed at and appeal to those self interests of the electorate."

This is the challenge our opponents have. The quote is from the emerging guru of the right, Frank Schubert, whose Shubert/Flint Communications had the task of instilling fear about same-sex marriage into otherwise disinterested heterosexuals during the Prop. 8 battle. What he found was that gay marriage wasn't an issue most moderate voters cared much about. Schubert and his folks needed to "develop" those fears, so they could exploit them.

Karen Ocamb does a thorough job of examining exactly how much work this involved, and I'll leave you to be fascinated, appalled or sickened by the underlying videos (via Pam's House Blend). The only thing I can add is to emphasize this obvious truth. Most heterosexuals don't see a real threat from same-sex marriage because there isn't one. This is something we've known from the start, but we've been doubting ourselves. In the words of Schubert's partner in this crime, Jeff Flint, their trick is in "…raising a doubt and projecting a doubt forward - that you have to get people to believe may happen but it hasn't happened yet." Along with heterosexuals, they got us, too.

Schubert/Flint proved in California that they could raise those doubts among the undboutful, creating and inflating the fear they needed people to have. They are now unleashed in Maine, and will be spooking people throughout the Halloween season.

To the sturdy people of Maine, I can only say this: Your instincts are right. Same-sex marriage will not, and cannot affect yours. It will only add to the happiness in the world, not subtract from it. These ghouls haunting the countryside and the airwaves are being paid to scare you. Tell them to take their horror stories somewhere else.

Arrangements

I don't know how many fans of Mad Men are out there, but last week's episode was terrific. It's called "The Arrangements," and while the focus is on Grandpa's decision to arrange for his passing (something not at all imminent, and which his daughter is not ready to deal with), the title's plural is intentional.

One of the main characters, Sal, is gay (no spoiler here), but has a socially-approved wife. Some would call this a marriage (including Sal and his wife, Kitty), but in the vernacular of sophisticates of the time, it is more clearly an "arrangement." Neither Sal nor Kitty can actually articulate what the problem is, but when you see her watching Sal perform a commercial the way he wants to film it -- and doing his impression of Ann-Margret in the opening of "Bye Bye Birdie" -- the look on her face is the answer to every anti same-sex marriage argument in the book. These are two people mutually deceiving one another about a very obvious fact that lies at the core of their relationship. Very slowly, what they're lying about is coming to the surface.

Do we really want our culture and our laws to go on encouraging this kind of farce? Leave aside for the moment its effect on homosexuals. Is this good for heterosexuals? Watch that scene, pay close attention to the look on Kitty's face, and then ask those who say current marriage laws treat gays equally to answer the questions she is struggling with.

‘Always and Everywhere’?

Marriage-equality opponents frequently claim that marriage has been heterosexual since…well, since FOREVER, and that it is arrogant and foolish to tinker with such a pervasive human institution.

Whatever its logical shortcomings, the "always and everywhere" argument is rhetorically effective. Even gay-rights advocates concede that marriage equality seemed unthinkable just a decade or two ago. Imagine how novel it appears to those who, unlike us, have no direct stake in the issue.

It's tempting to respond that lots of things that seemed unthinkable a few decades ago-iPhones, Facebook, Sarah Palin-are, for better or worse, now familiar. But the reluctance to tinker with marriage is deep-seated. The "always and everywhere" argument demands a response that is not only logically sound but also rhetorically compelling.

Several responses are worth pondering. I've given them each names for convenience:

(1) False premise: The claim that marriage has always been exclusively heterosexual suffers from what should be a fatal flaw: it is simply not true. Same-sex marriages have been documented in a number of cultures, notably some African and Pacific Island cultures.

Marriage-equality opponents retort that these marriages are not quite the same as modern same-sex marriages, since they typically involve a kind of gender transformation of one of the partners. But this response is a red herring. Sure, homosexual marriages in these cultures look different from ours in various respects-but so do their heterosexual marriages. More important, it is doubtful that opponents would abandon their objection to contemporary same-sex marriages as long as one partner agreed to be the "wife" and the other the "husband."

The real problem with the "false premise" response is rhetorical: The response depends on anthropological data unfamiliar to most people, and it appeals to "exotic" cultures whose practices most Americans find irrelevant.

(2) Heteronormativity: Rhetorical considerations would also weigh against using words like "heteronormativity" when responding to people's basic fears about marriage. But it's nonetheless true that the "always and everywhere" argument begs the question against those who argue-quite rightly-that the heterosexual majority tends to oppress the homosexual minority always and everywhere. Because of that oppression, recorded history often ignores or erases our lives and commitments.

Keep in mind that just a few decades ago, gays and lesbians were still considered mentally ill in much of the West; even today, gays are stoned to death in parts of the world. Against that backdrop, it's not surprising that same-sex marriage seems newfangled. The marriage-equality movement owes as much to an improved understanding of sexuality as it does to changing views about marriage.

(3) Not mandatory: Even granting the (false) premise that marriage has been heterosexual "always and everywhere," so what? No one is proposing that same-sex marriage be made mandatory. Heterosexual marriage will continue to exist "always and everywhere" for those who seek it, even while society recognizes that it's not appropriate for everyone. The opponents' argument seems to play on the irrational notion that giving marriage to gays somehow means taking it away from straights.

(4) Non-sequitur: Let's concede to marriage-equality opponents that history and tradition are important, and that we should be cautious about changes to major social institutions. Yet even if (contrary to fact) marriage were heterosexual "always and everywhere," it does not follow that marriage cannot expand and evolve. One should never confuse a reasonable caution with a stubborn complacency.

Increasingly, that complacency is more than stubborn-it's unconscionable. Marriage-equality opponents can no longer ignore the fact that we fall in love, just like they do; that our relationships have positive effects in our lives and the lives of those around us, and that we reasonably seek to protect and nurture these relationships. If not marriage for us, then what?

Ultimately, the problem with the "always and everywhere" argument is that each new same-sex marriage is a living counterexample to it. Whatever happened in the past, we have marriage equality now-in a small but growing number of places. These same-sex marriages are by and large bearing good fruit. If ignoring tradition is "arrogant and foolish," ignoring the evidence unfolding before us is exponentially so.

Lutherans Accept Gays

On August 21, the national assembly of the 4.6 million-member Evangelical Lutheran Church in America (ELCA) voted to allow the ordination of non-celibate gay and lesbian clergy. The resolution was passed by a 55 percent majority.

Earlier in the week the membrs had prepared for this vote by approving a measure that reduced the requirements for changing church policy from a two-thirds vote to a simple majority. Without that change, the resolution would have failed as before.

Gay-supportive Lutherans had long worked toward this end. For more than a decade and a half, the Lutheran Church has distributed materials on human sexuality and varieties of Bible interpretation, urging congregations to study the materials carefully. They were probably the first accurate discussion of sexuality and Bible interpretation that many church members had encountered and they clearly had at least some impact on members' attitudes.

We do, after all, know more about sexuality than people did two thousand years ago, and in the last two hundred years have learned a great deal about how to interpret the original significance of various biblical texts.

The assembly memberx also approved a social statement that called on Lutheran congregations to "welcome, care for, and support" gay and lesbian couples. That in itself is a strong indication of church attitudes, especially by its inclusion of the word "support."

The new church policy does not apply to all gay clergy, only those in "lifelong, monogamous relationships." In practice this will mean it will prohibit all publicly noticeable sexual behavior outside of the relationship, although there may be a certain amount of winking at occasional straying so long as it does not become open and notorious.

The Lutherans thus follow the lead of other Protestant churches such as the Unitarians, the United Church of Christ, and the Episcopal Church in allowing gay clergy. But the Lutherans differ from those other denominations in that they are generally regarded as less liberal than the others, and therefore the policy change has broad significance.

It is also important to note that Lutherans are strongest in the Midwest, the "heartland of America," whereas the Unitarians and United Church of Christ (once the Congregational Church) are particularly strong in New England-where most states have recently approved gay civil marriage. Is it significant that the Iowa Supreme Court recently voted unanimously to approve gay marriage? Probably.

Despite the fact that dissenting congregations are free not to accept openly gay clergy, there were vigorous dissents from conservatives. One man told The New York Times the new policy made him sick at his stomach, suggesting an almost phobic reaction to homosexuality itself rather than a mere religious difference. And one female pastor criticized the statement as contrary to the "Word of God," which seems ironic given that the Apostle Paul in "the same Word of God" said that women should be silent in church. Obviously there is some picking and choosing by Bible literalists of which verses one wishes to honor-as there always is.

As in the Episcopal Church, some Lutherans may choose to leave the ELCA, either to affiliate with the more conservative 2.6 million-member Lutheran Church-Missouri Synod or to join some other conservative denomination. Their departure will make the existing ELCA even more gay-friendly.

The policy shift also makes the ELCA more attractive to gays and lesbians (and their supporters), so some people may join or rejoin the church, making up some of the loss from the departure of any conservatives.

The ELCA shift leaves the United Methodists and Presbyterians USA as the major moderate denominations that do not afford gays and lesbians equality. As America slowly moves in a more gay-accepting direction and with continuing efforts by gays and their supporters in those churches, that will change in time.

Brian Brown: The Gay Deceiver

The Washington Post's Ombudsman tries to respond to Monica Hesse's treacly article on Brian Brown from the National Organization for Marriage -- and makes the same mistake Hesse did.

It's not that you always have to represent the "other side," as the paper's Style Editor sermonizes. The Ombudsman notes that Hesse, herself seems to be on the "other side," as a bisexual who claims a prior relationship with a woman.

The problem is that she is a writer who is unable to detect when she is being had. I don't know whether Brown is "pleasantly, ruthlessly sane," but he is certainly deceptive. As the article shows (unless Hesse was deceived about this, too), he knows better. He claims (as does Frank Schubert, the Karl Rove of the anti-marriage movement) to know homosexuals personally, though like Schubert's gay supporters, they are kept in some undisclosed location the public doesn't have access to. If you know someone who is gay and not completely self-hating, how can you ignore any real option for same-sex couples you think should not be permitted to marry one another?

That is exactly what is at issue in Washington state, where Referendum 71 does not give same-sex couples the right to marry, but only the right to have their relationships recognized as domestic partnerships. Will Brown and NOM be fighting that battle as well? Brown's only, insulting answer to same-sex couples is that they should be treated under law like good friends, or maiden aunts. The extent of the equality he would grant them is limited to being able to contract with one another (which he doesn't seem to acknowledge would be radical only if it were not already legal) and maybe have the state permit hospital visitation. NOM's stand on Referendum 71 is clearly the key to their good faith; support would show that they mean it when they say it is only marriage they are trying to protect. Not pressing Brown on that -- in fact, taking him at his word as being supportive of gay equality -- was Hesse's gravest sin.

And the paper's Ombudsman never even mentioned it.

California Actin’

For those who are interested in how gay rights moved from dreaming to action, another piece of California's history is now in print: Tom Coleman's memoirs, The Domino Effect. I'm obviously biased here, but my defense is this: New York had a very active gay community at the same time that California did, yet to this day New York state does not have either domestic partnership or marriage, and California has both. I think the key reason is that we had people like Tom (and others) who knew how to act on their dreams.

Tom's book is about what the world looked like when he got started, and how he worked to change it. New York has many elegant writers and historians, which is why we know so much more about New York's gay community and activists than California's. But unless you have an adequate supply of Tom Colemans, your laws remain static. Politics -- particularly the virulently ant-gay politics of the 1960s and 70s -- is very hard work, and all the visionaries in the world don't help if they don't understand how to make change happen in the scrum of government.

As a nation, we're now at the height of our political action. Tom's book is a good way to see how far we have come, and study what people had to do to make that happen.

The Debate Over Heterosexual Grievance

Some props to Brian Brown of the National Organization for Marriage for going on Michaelangelo Signorile's radio show to talk about marriage. Regrettably, Signorile wanted to talk about gay equality, and that's a language Brown doesn't speak. In fact, if Brown has mastered any skill to qualify him for his present position, it is turning the conversation away from homosexuals and focusing only on heterosexuals.

Brown was insistent that "We should all share the same basic rights," but every time Signorile tried to pin him down on what legal rights same-sex couples should have, Brown changed the subject. He would much rather talk about heterosexual grievance.

That is how the anti-marriage forces succeeded in California. They turned an election about gay inequality into a town hall exposing how lesbians and gay men mistreat religious believers and parents of schoolchildren. Brown learned the lesson well. To hear him tell it, we have utterly overpowered heterosexuals and are bullying them without mercy. If only we could have used our superpowers to change the law that discriminates against us. . . .

Brown clearly intends to follow that script in Maine and if he gets the opportunity, Washington. Once again, the right will try to erase us from the discussion, and focus only on themselves. Hopefully this time around we won't assist them in that strategy.

Other People’s Judgments

"You don't just want us to tolerate what you gay people do," my skeptical questioner announced, "you want us to think that it's RIGHT."

Whenever I hear this point-and it's pretty often-I always think to myself, "Duh." Of course I want that. Why would anyone think otherwise?

Actually, the latter question is not entirely rhetorical. Even my fellow gays ask me why we should care about other people's moral approval. Beyond the obvious pragmatic advantages-for example, more moral approval means more favorable voting attitudes, means more legal rights, means an easier life-why should we give a damn what other people think? And while we're on the subject, why should THEY care? Why are our lives any of their business?

There's a myth circulating among well-meaning people that "morality is a private matter," and that therefore "we shouldn't judge other people." This is nonsense of the highest order. Morality is about how we treat one another. It's about fairness and justice. It's about what we as a society are willing to tolerate, what we positively encourage, and what we absolutely forbid. It is the furthest thing from a private matter.

There's a (wholly fictional) story I tell in my introductory ethics classes about a freshman who wrote a paper defending moral relativism. His paper was laden with references to what's "true for you" versus what's "true for me," what's "right for you" versus what's "right for me" and so on. The professor gave the paper an F. Surprised and angry, the student went to the professor's office demanding a justification.

"Well," the professor carefully explained, "I graded your paper the way I grade all papers. I stood at the top of a staircase and threw a batch of papers down the stairs. Those that landed on the first few stairs got A's…then B's, C's and so on. You wrote a long, heavy paper. It went to the bottom of the stairs. It got an F."

"That's not right!" the student blurted out.

"You mean, that's not right…FOR YOU," the professor responded, grinning.

The moral of the story (aside from, tenured professors do the darnedest things) is this: despite all of our talk of "right for you," deep down we believe in public moral standards. We may disagree about what those are, and about what actions fall under their purview-but we still believe that right and wrong aren't entirely relative.

One might object that grading affects other, non-consenting people, whereas relationships affect only the people involved. There are two problems with this objection. The main one is that the latter point is just false. Unless one endorses a "Don't Ask, Don't Tell" secrecy, relationships have a public presence and thus public consequences. Gays aren't waging the marriage battle just so we can all go back in the closet. Like most people, we want to stand up before family and friends, proclaim our love, have it celebrated for the beautiful thing that it is. (At least, that's what many of us want.) We want to send the message to young gays and lesbians that there's nothing wrong with them; that they, too, deserve to love and be loved, and that there's nothing sinful or wrong about that. We want to be treated equally in the eyes of the law. All of these aims affect other people in various ways.

Second, the objection invites the response, "Says who?" Who decides that only actions affecting other people are appropriate targets of moral scrutiny? Who determines that that's the right way to look at morality? And there's no way to answer such questions without engaging in a bit of moralizing. Value judgments are inescapable that way. Those who claim that they're not taking any moral stances about other people's lives are, by that very claim, taking a moral stance about other people's lives-a "tolerant' one, though not necessarily a very admirable one. Sometimes, other people's behavior is horrific, and we should say so.

"Saying so" is part of the confusion here. There's a difference between MAKING moral judgments and OFFERING them, not to mention a difference between offering them respectfully and wagging your finger in people's faces. The latter is not just self-righteous; it's generally counterproductive. I suspect when people say that "we shouldn't judge other people," it's really the latter, pompous kind of moralizing they're concerned to avoid. But we shouldn't confuse the rejection of bad moralizing with the rejection of moralizing altogether.

In short, we should care what other people think and do, because the moral fabric touches us all.