Tendencies

The debate over whether the President should appoint an open lesbian to the Supreme Court is delightfully incomprehensible. I hope it keeps up.

The Gay and Lesbian Victory Fund seems to have gotten the ball rolling when they noted that Kathleen Sullivan, former dean of Stanford Law School, was a serious contender, and happened to be lesbian. Politico followed up by noting that another among the Frequently Mentioned, Pam Karlan, was also lesbian.

Seeing the opportunity to start a fight, Mark Helperin baited Republican Senator Jeff Sessions, asking what he'd think about that. Sessions said that he would not necessarily be opposed to a nominee who had "gay tendencies." As someone with gay tendencies, myself - so many that I am actually gay -- I found this pretty hopeful, despite the 1950s tinge of the articulation.

Sessions' response was entertainingly deconstructed by Jonathan Chait at TNR, then contradicted by Senator Jon Thune, who said that an openly gay justice would be "a bridge too far." Sessions then had to hide behind his party's most prejudiced constituents, confusing them with "the American People," who he believes would be "uneasy" with a lesbian. Nevertheless, he said he wants the Senate to treat every nominee fairly, "regardless of what persuasion they may have."

Focus on the Family weighed in, saying that sexual activity "should never come up" for a judicial nominee. "It's not even pertinent." The Family Research Council then entered the fray, saying that while a nominee's "personal sex life" should be irrelevant, anyone who was publicly homosexual "could impose a pro-gay ideology on the court."

The good news in all this is how it shows that the closet is a thing of the past. Despite quaint references to tendencies and persuasions, the right can no longer credibly claim that gay people should just shut up. The only remaining ground is to try and muddle the debate with images of sexual activity, which, of course, heterosexuals also engage in - and have been known to talk about.

As Jamie Kirchick has argued, when we focus on getting one of our own nominated to a prominent position, our efforts will necessarily and predictably be viewed as "cynical tokenism." That is the unfortunate legacy of identity politics.

On the other hand, neither we, nor anyone else can pretend that gay people aren't gay. It is, in fact, the consciousness of homosexuality that drives this discussion. What is unique now is that those who are comfortable talking about gay people have the advantage. This is one important way the right - and the GOP in particular -- is losing its credibility with the public. Sen. Sessions can no longer avoid having to discuss openly homosexual candidates for the Supreme Court. He seems to be dealing with this in good faith, but is still struggling with the vocabulary that every high school student speaks fluently.

Gays do not want - or intend -- to talk about their sexual activity any more than heterosexuals do . . . particularly not at a public hearing of the Senate Judiciary Committee. It is only a few lost souls who can't keep a person's sexual orientation separate from that person's private sexual conduct. Over time, they will have to get rid of that tendency.

From Below, Two Trends to Cheer

The Obama administration and Congress may be working overtime to put the government on tax-and-deficit-fueled steroids, to extend their regulatory tentacles and grow the power of the state over us all. But outside the beltway, as IGF contributing author David Boaz writes on the Cato Institute's blog, genuine citizen activism is having an effect on state legislatures that's led to an inspiring culture shift toward liberty on two fronts: the legal use of marijuana and marriage equality. On the latter, Boaz reflects that:

[One of] the striking things about the rapid succession of [pro-marriage-equality state legislative] votes is the lack of public opposition. Conservatives have been remarkably silent, perhaps because some of them genuinely do feel less outrage about legislative action than about "judicial tyranny," and perhaps because opposition to gay marriage is getting to be embarrassing among educated people.

Concludes Boaz:

The "shift to the left" that we seem to observe on economic policy is depressing to libertarians. But that's mostly crisis-driven. When the results of more spending, more taxes, more regulation, and more money creation begin to be visible, we may see the kind of reaction that led to Proposition 13 and the election of Ronald Reagan at the end of the 1970s. Meanwhile, this cultural "shift to the left" is far more encouraging.

Waiting for Obama…waiting…waiting…

In addition to Jennifer Vanasco's column posted at left, "Obama's No Show," it's beginning to dawn on some activists (not those at the Democratic Party auxiliary known as the Human Rights Campaign, but to some others) that their president is a bit of a let down when it comes to being the promised "fierce advocate" for gay rights (excepting for the small matter of the right to marriage, which he upfront opposes as un-Christian).

Reports the New York Times, "President Obama was noticeably silent last month when the Iowa Supreme Court overturned the state's ban on same-sex marriage." And while the president has urged Congress to pass a dubious bill federalizing hate crimes against selected victims, he's delayed action on one of his key campaign promises that, like marriage, involves fundamental equality under the law: repealing the military's "don't ask, don;t tell" gay ban.

Last weekend, Richard Socarides, who advised President Bill Clinton on gay issues, published an opinion piece in the Washington Post headlined, "Where's our fierce advocate?"

It's about eggs and baskets, and what happens when you put all in one (HRC to Obama last year: here's our unconditional support plus our dollars and volunteer hours, given at the expense of fighting anti-gay state initiatives; we trust you'll be kind to us and invite us to your victory parties).

More. From Steve Clemons of the liberal New America Foundation, "Obama Needs to End Silence on Biggest Civil Rights Move of Our Time".

Furthermore. See Ross Douthat's New York Times op-ed column, "Faking Left." He writes:

the Obama administration does seem to have a plausible strategy for turning the "social issues" to liberalism's advantage. The outline is simple: Engage on abortion, and punt on gay rights.

The punting has been obvious. On the campaign trail, Obama promised to repeal the military's "don't ask, don't tell" policy He still intends to - but not yet, not yet. He said he supported federal recognition for civil unions. His administration has ignored the issue. He backed repealing the Defense of Marriage Act. Don't expect that to come up for a vote any time soon.

With every passing day, it becomes clearer to those with eyes that so many professional LGBT leaders were and are merely Democratic party operatives, first and foremost.

Still more. From Andrew Sullivan, with whom I rarely agree, but perhaps he's beginning to see the light:

Here we are, in the summer of 2009, with gay servicemembers still being fired for the fact of their orientation. Here we are, with marriage rights spreading through the country and world and a president who cannot bring himself even to acknowledge these breakthroughs in civil rights, and having no plan in any distant future to do anything about it at a federal level. Here I am, facing a looming deadline to be forced to leave my American husband for good, and relocate abroad because the HIV travel and immigration ban remains in force and I have slowly run out of options (unlike most non-Americans with HIV who have no options at all).

And what is Obama doing about any of these things? What is he even intending at some point to do about these things? So far as I can read the administration, the answer is: nada. We're firing Arab linguists? So sorry. We won't recognize in any way a tiny minority of legally married couples in several states because they're, ugh, gay? We had no idea. There's a ban on HIV-positive tourists and immigrants? Really? Thanks for letting us know. Would you like to join Joe Solmonese and John Berry for cocktails? The inside of the White House is fabulous these days.

A Suit Too Far

Some LBGT activists will no doubt be upset that California's courts have allowed a small, private Lutheran High School to expel two 16-year-old girls for having a "bond of intimacy" that was "characteristic of a lesbian relationship," as reported by the Los Angeles Times. The girls sued; they lost.

Here's a suggestion. Maybe the girls should not go to a school that's founded on religious beliefs that view homosexuality as immoral, rather then trying to use the coercive power of the state to force the Lutherans to modify their dogma-based practice-at a private Lutheran institution-and thereby play into every fear being promoted by the religious right.

A libertarian friend suggests that perhaps we should tell the right that if they agree to marriage equality, we'll drop anti-discrimination laws-and then we could claim the mantle of freedom and diversity. LGBT activists would never go for that one, but advocating that private, religious organizations be treated as serfs of the state really isn't a good idea.

More. Our liberal readers are agast. Typical responses: "Change schools? How insensitive can you get?" and "If it gets one dime for transportation, books, physical ed, health ed, etc., the school can not say it is private."

But reader "Walker" responds to the point:

Religious schools generally don't get government money. But most institutions in a society with a government as big as ours do get some kind of financial "support" from government. Do you really want to bring the entire society under the control of government? Does that sound like a good plan for freedom and diversity? Or for a small minority that depends on tolerance? If you say you can attach all-enveloping strings to ANY government money, then you'd better be confident that your allies will always be in charge of that all-powerful government.

As to the question "Do you really want to bring the entire society under the control of government?," I bet their answer would be, "Yes!"

Meanwhile, in Europe…

Writing in the Wall Street Journal, Bruce Bawer reflects that in Europe, "instead of encouraging Muslim immigrants to integrate and become part of their new societies, Western Europe's governments have allowed them to form self-segregating parallel societies run more or less according to Shariah." One result:

Ubiquitous youth gangs, contemptuous of infidels, have made European cities increasingly dangerous for non-Muslims-especially women, Jews and gays. ...

One measure of the dimensions of this shift: Owing to the rise in gay-bashings by Muslim youths, Dutch gays-who 10 years ago constituted a reliable left-wing voting bloc-now support conservative parties by a nearly 2-to-1 margin.

If our anti-gay religious right were predominantly Muslim and violent instead of Christian and merely reactionary, would the U.S. left be throwing gays under the bus?

Obama’s No-Show

By the end of Barack Obama's first 100 days, it became clear: gays and lesbians are not this president's priority.

He stopped mentioning us, except for two notable cases: the brouhaha surrounding the invitation of Rev. Rick Warren to give the inaugural prayer, and the call to Congress to support including sexual orientation and gender identity in hate crimes.

Then, at just about the 100 day mark, bloggers started pointing out something disturbing: WhiteHouse.gov had stripped its "civil rights" page of almost all things gay.

It narrowed down promises to the LGBT community from eight to three, and from a full half-page to a few sentences.

When bloggers called the White House to protest, some of the promises came back, including a full repeal of Don't Ask, Don't Tell - but talk of repealing the Defense of Marriage Act had disappeared.

What also disappeared was this moving quote from Obama himself, on June 1, 2007, when he was still in campaign mode and working for our votes:

"While we have come a long way since the Stonewall riots in 1969, we still have a lot of work to do. Too often, the issue of LGBT rights is exploited by those seeking to divide us. But at its core, this issue is about who we are as Americans. It's about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect."

When blogger John Aravosis called the White House to ask what was going on, this is what he was told:

"Recently we overhauled the issues section to concisely reflect the President's broad agenda, and will continue to update these pages. The President's commitment on LGBT issues has not changed, and any suggestions to the contrary are false."

Well. Maybe we'd believe that Obama's commitment hasn't changed if we saw some action on our issues, instead of almost complete avoidance.

Obama made that call for hate crimes legislation, great. Of course, that was the easiest of our issues to get behind - it is supported by the majority of our police forces and attorneys general, after all.

And yes, he's facing big issues - the economic meltdown, two wars, now a retiring Supreme Court Justice. But in his first 100 days, he was somehow able to make it easier for women to sue for equal pay, lift Bush's ban on stem cell research, lift the traveling restrictions for Cuban-Americans to Cuba, and protect two million acres of wilderness.

In other words, he made significant, sweeping change in government and for some groups of people, change that is only tangentially related - if at all - to the economy, or to the wars.

We've seen change, all right. Good change. For others. But we haven't seen change for gays and lesbians and we haven't seen proof of commitment to our issues.

Campaign promises are campaign promises. It is not enough that Obama said he was our "fierce advocate" during the campaign. He needs to now show us that he is our president as well.

Richard Socarides, a former adviser to President Clinton, pointed out in the Washington Post that Obama has no gay friends close to him in the administration. He does, however, seem to have evangelical friends.

If it's true that you can tell a person by the company they keep, then we may be in deeper trouble than we know. We'll have to see what the next 100 days brings.

Obama is a good president. But we are clearly not his priority. He has forgotten, perhaps, that we are part of America's "founding promise." Which means we need to stop being patient, stop giving him time, and start raising our voices until we are heard.

SweetTarts and Sourpusses

I am of very mixed mind about this YouTube -- a bouncy, charming and catchy ditty about the "tiny minds" of some of our opponents. The song is about bigotry in general, and the creator of the video used the song to make his more specific point.

This is the Proposition H8 generation settling in somewhere between offensive and playful. On the one hand, I kind of like its breeziness about homophobia, which is the opposite of victimization -- certainly a major step forward for this generation. On the other hand, it's the sort of thing that gets all up in Maggie Gallagher's grill -- it's exactly what she loves to complain about.

On the third hand. . . it's the sort of thing that gets all up in Maggie's grill with some style. Unlike some of the snarling references to right wing bigotry by our spokespeople on the cable snooze shows, these kids really aren't worried that someone else's bigotry will turn them into simpering, cowering lumps of citizen-mush. Their self-respect is fully intact no matter what someone else thinks about their sexual orientation.

And the style is such a supreme contrast to the gloomy, ominous alarm of Maggie's Gathering Storm video -- which is still generating much-deserved parodies.

I would so much like the public debate to be high-toned and respectful. And much of it really is, as anyone who watched the Maine legislative debate today could see. I'd love to know if Maggie agrees about that. But a lot of public debate takes place in cultural niches that don't have any civility rules. These include, today, Miss America contests, the parking lots of Mormon temples, and now YouTube videos. I prefer the campy incivility of this video to the toxic innuendo of The Gathering Storm. But that's because I think people can live with campy incivility a lot more easily. And campy incivility is something you can grow out of. I don't think that's true of toxic innuendo.

The ‘Bigot’ Card

Maggie Gallagher at the National Organization for Marriage-producers of the unintentionally hilarious "Gathering Storm" ad-has been mentioning "footnote 26" of the Iowa marriage decision quite a bit lately.

For example, she tells conservative blogger Rod Dreher that same-sex marriage requires "the rejection of the idea that children need a mom and dad as a cultural norm-or probably even as a respectable opinion. That's become very clear for people who have the eyes to see it. (See e.g. footnote 26 of the Iowa decision)."

Elsewhere she describes the footnote as "the most heartbreaking sentence" of the decision.

What is this ominous, heartbreaking footnote? The offending bit is here:

"The research appears to strongly support the conclusion that same-sex couples foster the same wholesome environment as opposite-sex couples and suggests that the traditional notion that children need a mother and a father to be raised into healthy, well adjusted adults is based more on stereotype than anything else."

So too says the American Academy of Pediatrics, the Child Welfare League of America, the National Association of Social Workers, the American Psychological Association-in fact, every major health and welfare organization that has examined the issue. The Iowa Supreme Court has mainstream professional opinion solidly on its side.

But to say that the opposing view is based on "stereotype" attacks our opponents' last remotely plausible-sounding secular argument. No wonder they're getting defensive.

The use of the word "stereotype" is a large part of what irks them. Those who rely more on stereotype than evidence are being unreasonable. And in the extreme, those who cling to unreasonable views are bigots. Elsewhere in the Dreher interview Gallagher states,

"Same-sex marriage is founded on a lie about human nature: 'there is no difference between same-sex and opposite sex unions and you are a bigot if you disagree.'"

Indeed, Gallagher uses the term "bigot" and its cognates no fewer than five times in the short interview.

A bigot if you disagree? Neither the Iowa Supreme Court nor most marriage-equality advocates make any such sweeping statement. On the contrary, footnote 26 is attached to the following:

"On the other hand, we acknowledge the existence of reasoned opinions that dual-gender parenting is the optimal environment for children. These opinions, while thoughtful and sincere, were largely unsupported by reliable scientific studies."

"Reasoned opinions" which are "thoughtful and sincere." That's about as far from "you're a bigot if you disagree" as one can get.

Marriage-equality opponents are increasingly complaining that we're calling them bigots. This leads to a kind of double-counting of our arguments: For any argument X that we offer, opponents complain both that we're saying X and that we're saying that anyone who disagrees with X is a bigot.

Then, instead of responding to X-that is, debating the issue on the merits-they focus on the alleged bigotry charge and grumble about being called names.

I don't deny that some of us do call them names (sometimes deserved, sometimes not). Yet even those who call them "bigots"-such as Frank Rich in his New York Times op-ed "The Bigots' Last Hurrah"-often engage the substance as well. Increasingly, our opponents ignore the substance in favor of touting their alleged persecution.

Personally, I think the term "bigot" should be used sparingly. Many of those who oppose marriage equality are otherwise decent people who can and sometimes do respond to reasoned dialogue.

To call such persons bigots is not merely inaccurate; it's a conversation-stopper. It says, "your views are beyond the pale, and I won't dignify them with discussion."

But let's not pretend that any one side in this debate has a corner on conversation-stoppers. There are plenty of people on Gallagher's side who consider us "deviants" or "perverts," and those terms don't exactly welcome dialogue either. Neither does Gallagher's calling us "liars"-as in, "same-sex marriage is based on a lie about human nature."

There's a more general problem here, and it's hardly unique to the gay-rights debate. Suppose you've reflected on some controversial issue and adopted a particular position. Presumably, you've decided that it's the most reasonable position to hold. How, then, do you explain the fact that seemingly reasonable people deny it?

There are several possibilities, most of them not very flattering. Perhaps your opponents are inattentive, or not very bright, or have logical blind spots, or are swayed by superstition.

Or perhaps they're just being bigots. It happens.

(Interestingly, some philosophers have suggested on this basis that there's no such thing as a "reasonable disagreement," strictly speaking. If you accept P but think that denying P is "reasonable," then you should either switch to not-P or become agnostic about the issue.)

I don't pretend to understand why seemingly reasonable and decent people adopt what strikes me as an obviously wrongheaded position on marriage equality. I think the reasons are various and complex, though they typically involve a distortion of rationality caused by other commitments, such as religious bias.

But I also recognize that my opponents do, or should, wonder the same thing about me-and the ever-growing number of reasonable and decent Americans who support marriage equality.

Which leaves us with a few choices.

(1) We can call each other crazy and stupid, or bigots, or deviants. This is generally not helpful.

(2) We can pretend that we're above all that, but complain that the other side is doing it. This, I fear, is what Gallagher is doing, and it strikes me as equally unhelpful. It would be akin to my saying that Gallagher's position is that you should oppose same-sex marriage, and if you don't, you're a liar (or a heathen or a pervert or whatever).

(3) We can actually engage the substance of each other's positions.

I can understand why those with poorly supported positions would want to avoid (3). That doesn't necessarily make them bigots, but it doesn't reflect very well on them, either.

Why Republicans Are in Trouble, Chapter 748

Over at Cato, IGF contributor David Boaz notes that Sen. Jim DeMint, writing in the WSJ, makes a strong case for letting different states make different policy choices. "Centralized government infringes on individual liberty and...problems are best solved by the people or the government closest to them." If "choices look different in South Carolina, Maine and California," why, that's just fine.

Except when it's not. DeMint, of course, favors a national ban on same-sex marriage. No word from the Senator on how he squares the circle. We're waiting. This kind of blatant illogicality, in combination with a callous attitude toward the needs of gay individuals and couples, is part of what cratered Republicans' credibility.

More: Here's what else has Republicans looking toxic to young people and moderates: one of their leading national spokespeople, Joe the Plumber, calls gays "queer" and says he would not let them "anywhere near" his children. Lots of Republicans will be wincing privately at this almost refreshingly direct expression of bigotry, but let's see how many repudiate Joe Wurzelbacher publicly. Will the folks at the National Organization for Marriage, who are so quick to call gay-rights advocates out for incivility, defend Wurzelbacher as a victimized truth-teller?

He is for federalism, though. Maybe he'll come out against the Marriage Protection Amendment. Hold your breath.

Thomas F. Coleman: Doing the Political Work

There are many reasons for the increasing acceptance today of same-sex marriage among the American public, but one has received virtually none of the acclaim it deserves: the invention, in the late 1940s, of Adolph's Meat Tenderizer. The gay rights movement owes a lot to that little shaker.

Lloyd Rigler and Larry Deutsch were two ex-GIs who, after WWII, found each other -- as well as a restaurant in Los Angeles that served cheap but delicious meat. They got the chef to sell them the secret, and introduced the product with the chef's name. After making a big splash in L.A. and the west coast during the late 40s and early 50s, Adolph's Meat Tenderizer leaped onto the national stage in 1953 when Reader's Digest featured it in a consumer report. Sales skyrocketed to $20 million that year and kept going.

They kept the nature of their three decade relationship ambiguous, as convention dictated. But when Deutsch passed away in 1977, Rigler faced one of the most tangible forms of discrimination -- the economic kind. If they had been married, Rigler would have inherited the entire fortune, but since they weren't, it was subject to a 50% tax rate. Rather than accept that, Rigler let the money go to a charitable foundation named using a combined acronym from their initials - LEDLER. However, Rigler had some control over how the money would be used.

In the mid-1980s, Tom Coleman had a solid reputation among L.A.'s politicos, because of his connections with Governor Brown's office, his legal work with gay defendants, his persistence on local gay issues, and his work with the Police Commission on anti-gay discrimination. In 1985, the former L.A. City Attorney, Burt Pines suggested Tom meet with Rigler.

The two hit it off. Rigler was still steamed about the federal tax discrimination, but he was a cautious man when it came to gay issues. Tom's interest in moving the culture slowly toward acceptance of same-sex couples could not have been a better fit. More important, they were in sync on strategy. Both strongly believed that gay issues needed to be pursued as part of a larger agenda that included related issues for other groups. Rigler agreed to fund appropriate parts of Tom's work - a relationship that would last for the next two decades.

That included developing materials for a new class Tom had been asked to teach at the USC Law Center. Dean Lee Campbell had originally asked him to teach a course on gay rights, but Tom felt that would be too narrow a focus, and would appeal only to gay students - not the kind of approach he favored. Instead, he offered to develop and teach a course on the rights of unmarried couples - the first in the nation. California had two major Supreme Court cases related to that topic: the landmark palimony case of Marvin v. Marvin and City of Santa Barbara v. Adamson, recognizing that the right to form a family extended somewhat beyond the existing restrictions of blood, marriage or adoption.

At about the same time, the Municipal Elections Committee of Los Angeles was continuing to exercise its political muscle. L.A.'s 13th District included the increasingly gay area of Silverlake, and the two candidates for that office, incumbent Peggy Stevenson and challenger Mike Woo, had both been made aware of the domestic partnership ordinances in Berkeley and West Hollywood, and promised to do something similar in L.A. Woo won, and the day Woo was sworn in, Tom dropped by his new office to meet Woo's chief of staff, Larry Kaplan.

Tom suggested that Woo should not bring the proposal up immediately, but should take time to lay the political groundwork. San Francisco's failure to pave the way for its ordinance was still vivid in Tom's mind. Woo eventually agreed to convene a formal, high profile group to survey the issue, and established the Task Force on Family Diversity. Following up on the 1980 White House Conference on Families, the task force would examine how the notion of "family" had changed over many decades, particularly in the crucible of Los Angeles, which had its share of traditional families with two married parents and their children, as well as all the variations that existed, from step-parent and blended families, to childless couples to single-parent families to unmarried couples - which would obviously include same-sex couples. The question to be asked was how city policy affected all of those family forms with its conventional legal focus on families related by blood, marriage or adoption?

It is impossible to understate the importance of this for gay equality. Historically, gays had been viewed almost exclusively as sexual beings. What made them different from everyone else was their propensity to have sex with people of their own gender. Neither the criminal law nor social convention punished them for sexual orientation, per se; rather, they were outcasts because of their sexual activity. Getting rid of sodomy laws changed the formal rules, but did not change that cultural focus on homosexual sex. The closet was a social compromise allowing some degree of sexual liberty as long as a fiction of either heterosexual normality or, at the least, unmarried ambiguity were maintained. As the closet was being dismantled -- sometimes aggressively -- gays really did seem to be pushing their sex lives onto an unwilling heterosexual public.

The Task Force on Family Diversity sought to change the entire context of homosexuality from sex - always a highly charged social topic - to something more ordinary and, in fact, more mature: relationship. After all, in the normal course of a lifetime, sexual activity diminishes for some entirely pragmatic reasons, and like their heterosexual counterparts, homosexuals settle in to a more routine, less sexually charged life. Society's almost exclusive focus on the sex lives of homosexuals - "perverts" and "deviants" - left little room in the public imagination for what usually happened in homosexual people's lives.

Moreover, laws that excluded same-sex couples from the legal rights and responsibilities of family life actually reinforced the damaging, purely sexual notion of homosexuality. This had not been helped by the nearly universal association of the gay rights movement with the sexual revolution.

Both Tom and Lloyd Rigler saw gay rights - and experienced gay lives -- in the context of relationship. That also included sex, but it was not confined to it. They would need to wrestle the gay rights movement away from its origins in sexual liberty so the public could more easily see that sex was a vital part of the lives of lesbians and gay men, but it was not -- or did not need to be -- isolated from the rest of their human nature.

This would not be an easy sell either with gay activists or with the general public - who were, in the political arena, the primary target now. The Berkeley and West Hollywood domestic partnership ordinances were responses to a local political constituency. West Hollywood, in particular, had been incorporated as a city because of its much higher than average percentage of openly homosexual residents. L.A.'s Task Force had a more difficult - and far larger - political job. The Task Force would have to provide the background to show same-sex couples fit into social context that no culture had ever viewed them in before.

The White House Conference on Families, and the court cases had been helpful. Clearly, the notion of family was not a unified one, and L.A.'s demographics were a good case study for what family relationships looked like in Reagan-era America.

The LEDLER Foundation grants helped fund Tom's work as Special Consultant to the Task Force, with Christopher McCauley and Nora Baladerian as its co-chairs. The 37-member Task Force took two years to conduct public hearings, research projects, census studies, interviews and public outreach. Significantly, its membership included representatives from the religious community, as well as Republicans such as Frank Richiazzi, business representatives and law enforcement. In May of 1988, it released its final report, along with three volumes of supplemental material.

And the strategy worked. Later that year, Woo introduced the proposal as a recommendation of the Task Force, and with both political and reinforced cultural support for viewing same-sex couples in a new context, Los Angeles adopted its citywide domestic partnership ordinance with little fanfare or crossfire.

It is that hard political work that the judicial challenges to marriage laws have short-circuited. L.A.'s ordinance was passed five years before the court challenge in Hawaii set off the national firestorm over gay marriage. By that time, domestic partnership was well enough understaood in California that its legislature was already considering its first statewide domestic partnership bills. Those efforts finally succeeded in 1999 -- while the rest of the nation was still struggling to understand why gay people were bringing all these lawsuits, and didn't just settle down with someone of the opposite sex like everyone else.

By that time, Tom had lobbied the Hawaii legislature to offer domestic partnership as a compromise that would hold off a constitutional amendment; filed briefs in New York's highest court in Braschi v. Stahl Associates, a case similar to Adamson that would recognize family structures where the members were identified by their functional relationship to one another rather than just blood, marriage and adoption; argued another landmark case in California's Supreme Court on the scope of religious liberty and the rights of unmarried opposite-sex couples; and begun his work on the rights of single Americans.

His work, much of it funded by money that hadn't gone to the federal government because of Lloyd Rigler's refusal to accept a rule that treated the money of same-sex couples differently from the money of opposite-sex couples, gently forced the tectonic shift in America's view of homosexuals, putting isolated sexual acts into the broader relational context most Americans already understand for themselves. While that change is still controversial and subject to setbacks, it is as fine and substantial a legacy as any hero of this or any movement has left behind.