One Party State (of Mind)

IGF contributing author James Kirchick has a strong op-ed in the L.A. Times (also posted here) about the uproar that ensued when Jonathan Crutchley, co-founder of the website Manhunt, was discovered to have contributed to McCain's presidential campaign, leading to his dismissal by the board. Writes Kirchick:

The hue and cry over Crutchley's politics is all too familiar. Why can't gay activists countenance the idea of a "Massachusetts Republican"? Liberal intolerance. In the minds of too many on the left, gay people (like women and ethnic minorities) have to be liberal and support Democratic candidates. To do otherwise-that is, to have opinions on issues (even issues utterly unrelated to gay rights) that don't follow the left-wing line-is to be a traitor to the gay "community."

For too long, many gay-rights activists have acted as if throwing temper tantrums will magically bring about their political agenda. But labeling everyone with whom they don't agree a "bigot" does not help the worthy cause of gay equality.

The truth of the matter is that civil rights for gays can't come about without the help of Republicans. And this means that gay people-and straight supporters of gay equality-need to stand with, not silence, people like Crutchley who are working to change the GOP from within.

But did he not commit heresy against the one true party? And shall we suffer heretics? Nay!

Editors' reminder: Comments that contain name-calling directed at other commenters (i.e., "idiot," "liar," etc.) are subject to deletion.

Collectivism + Gay Rights

In accepting the Democratic presidential nomination Thursday night, Barack Obama endorsed every form of big government interventionism and bureaucratic social engineering known to man ("now is not the time for small plans"), along with a forceful statement of his commitment that "our gay and lesbian brothers and sisters" deserve to "live lives free of discrimination" (except as regards marriage).

Leftists will celebrate him on both counts, while rightists will equally denounce him. Gays of a libertarian bent will have to weigh the whole package in making their decision.

McCain's Choice
I don't know much about Alaska Gov. Sarah Palin, McCain's veep pick. She's pro-life but apparently no 'phobe. She vetoed an anti-gay bill passed by the legislature that would have barred the state from granting benefits to the partners of gay state employees, and has met with gay groups and spoken publicly about gay friends and relatives. Log Cabin President Patrick Sammon issued a statement calling her "an inclusive Republican who will help Sen. McCain appeal to gay and lesbian voters." Andrew Sullivan, no friend of the GOP, sums it up.

But obviously, if your vote is determined by gay issues, it's going to go to Obama/Biden. If you think Obama is better for gays but worse (or even dangerously worse) for the country, than voting for McCain/Palin does not make you a self-loather (though Obama's LGBT devotees will certainly tar you, endlessly, with that brush).

More. Let's see, the relatively unknown GOP governor of Alaska is unqualified to be veep because she has no foreign policy experience, but Bill Clinton, when the relatively unknown governor of Arkansas, was fit to lead. And Barack Obama, just a few years out of the Illinois legislature and with no substantive accomplishments since as a first-term U.S. senator, is also fit to lead. Can you spell m-i-s-o-g-y-n-y? (Oh, I forgot, liberals can't be misogynists, just like they can't be racists (cough, Clarence Thomas, cough) or homophobes.

A Life Vindicated

One of the best moments at the Democrats' convention this week was Hillary Clinton's moving observation: "My mother was born before women could vote. But in this election my daughter got to vote for her mother for President."

Del Martin, who died Wednesday at age 87, could top even that story. In 1955 she co-founded the first lesbian organization. She was a pariah. What a miracle it is that this same brave woman lived long enough to marry her same-sex partner, with the mayor of San Francisco presiding.

And what marvelous testimony to the fact that the work of the Founders continues. Few have done more than Del Martin to make our country a more perfect union.

Beating Proposition 8

We have just over two months to go before California voters will decide whether to amend the state constitution to prohibit marriage for gay couples. If the amendment passes, marriage will be lost for millions of people. The gay-marriage movement as a whole will be set back many years. (Full disclosure: I have contributed, so far, $1,000 to defeat Prop 8.) With that in mind, I have some warnings and suggestions for thinking about the fight over Prop 8.

1. Ignore the polls. A poll taken by the Los Angeles Times shortly after the California Supreme Court decision showed that 54 percent of registered voters would support the amendment, while only 35 percent would oppose it. That caused alarm. However, gay-marriage advocates have taken comfort in the results of two subsequent Field polls, one in late May and the other in July. Both showed 51 percent of Californians opposed to the amendment, 42 percent supporting it, and seven percent undecided. Another Field poll is due out in September.

My advice is to ignore the polls, act on the assumption that this will be a very close vote, and that as of now we're behind. Here's why.

Of the states that have voted on gay marriage so far, 27 out of 28 have banned it. Pre-election polls in those states have consistently underestimated support for gay-marriage bans, many by ten percent or more. Just eight years ago, a Field poll taken on the eve of a vote to ban gay marriage in California by statute showed only 53 percent support - within the margin of error. Hopes were high. But in the actual election, 61 percent of California voters supported it. Nobody knows for sure why polls undercount opposition to gay marriage. It may be that voters are afraid to tell pollsters they oppose something labeled a civil right. It may be that opponents of gay marriage are more energized to actually vote. Whatever the reason, polls on the issue are unreliable. So a Field poll showing that only 42 percent support the gay-marriage ban probably means that about 52 percent support it. That means (1) it's close, and (2) we're behind.

2. Do it yourself. Up to now, the gay-marriage movement has been propelled mostly by litigation. This has given many the impression that courts will protect their rights, regardless of what happens in state legislatures and elections. Don't bet on it.

If Prop 8 passes, it is extremely unlikely the California state courts will undo it. The next step would be to ask a federal court in California to overturn the ban on the ground that it violates the U.S. Constitution.

The federal courts in California include some of the most liberal judges in the country, so it's possible gay-marriage supporters would win. But I doubt it. No federal court anywhere has held that there's a constitutional right to gay marriage, or that a state can't ban it. A decision in favor of gay marriage could go to the Supreme Court, which has given no indication it is ready to force gay marriage on the entire country. We either win on election day or we lose gay marriage in California for years to come.

3. Expand the coalition. Many opponents of Prop 8 take solace in the fact that large numbers of Democrats will vote on November 4 to support Barack Obama. Democratic voters favor gay marriage.

However, the picture is more complicated than that. In polls, blacks are among the most likely to oppose gay marriage. To the extent Obama's candidacy brings them out in large numbers, that bodes ill for defeating Prop 8. On the other hand, Obama has attracted lots of young people and they are the age group most likely to support gay marriage. However, people under 30 are historically the least likely age group to vote. What this means is that we can't count on an Obama tide in California to beat Prop 8.

That suggests some special emphasis should be placed on expanding the coalition beyond the usual liberal interest groups and civil-rights organizations. Republican opposition to Prop 8 could be a key, with the GOP state governor and a few other elected officials leading the way. It also means enlisting independents and religious leaders. The campaign against Prop 8 should highlight their views.

4. It's about marriage, stupid. In just about every vote on this issue so far, including the California vote eight years ago, gay-marriage supporters have tried to divert attention from the main question: marriage. They have issued ominous warnings about far-right conspiracies to trash constitutions, turn back clocks, and the like. That strategy has failed everywhere (except in Arizona, where the proposed amendment did go beyond banning gay marriage).

It doesn't fool voters, who know they're voting on gay marriage and have a good idea how they feel about it. The California state attorney general recently changed the title of the amendment from "Limit on marriage" to "Eliminates right of same-sex couples to marry." This was greeted as a great victory by gay-marriage advocates. But it is potentially a double-edge sword. On the one hand, few Americans like to "eliminate rights." On the other, it reminds voters that we're dealing with "same-sex couples" wanting "to marry."

Thus, the merits of marriage for gay families must be squarely confronted. An intensive two-month campaign won't win over diehards, but it may win enough others to carry the day.

Making the Case on the Right

Along with the Governator, Republicans working to defeat California's anti-gay marriage initiative (Proposition 8) include African-American affirmative action foe Ward Connelly, comedian turned conservative radio host Dennis Miller, and "Desperate Housewives" creator Marc Cherry. And Mary Cheney, too. The RepublicansAgainst8 website makes the limited government case that:

Proposition 8 will give big government unprecedented control over the lives of private citizens by usurping their Constitutionally guaranteed rights and fundamental freedoms. ... In California, we are already over-taxed and over-regulated fiscally- the kind of social regulation put forth in Proposition 8 only makes a bad situation worse.

That argument is more likely to reach tolerant-minded conservatives than the "let's unite and roll back the right" rhetoric of some left-leaning activists.

A Pragmatic Pick

Pragmatism has a name, and it's Joe Biden.

When Barack Obama announced his running mate late last week via text message, I nodded. Yep.

Biden is a smart choice. A practical choice.

But also an interesting choice.

First, to the practical. Biden has broad and deep foreign policy experience, something Obama lacks. This is important in the America of the present, the America that is fighting wars in Afganistan and Iraq while the Russian and Iranian governments continue to make disturbing noises.

Biden has a long, Washington-insider history, something which Obama had fought against during the primaries, with all his talk about change and a new way of governing.

Biden also is popular among blue collar workers and Catholics, constituencies that Obama has found tough to woo.

So the choice of Biden is a safe choice. It's safe for most of Obama's liberal constituency as well, without being too scary to conservatives, the way a Hillary Clinton or Dennis Kucinich would have been.

Take the gay and lesbian example. Biden voted for the Defense of Marriage Act, but also said that he thought gay marriage "was inevitable." And he said that in 2003, five long years ago.. He is for civil unions, and voted against the bill that would written "marriage is between a man and a woman" language into the Constitution.

A year ago, when asked about 'Don't Ask, Don't Tell," he responded, "I've been to Afghanistan, I've been to Iraq seven times, I've been in the Balkans, I've been in these foxholes with these kids, literally in bunkers with them. Let me tell you something, nobody asked anybody else whether they're gay in those foxholes. Our allies - the British, the French, all our major allies - gays openly serve. I don't know the last time an American soldier said to a backup from a Brit, "Hey, by the way, let me check. Are you gay? Are you straight?" This is ridiculous."

He voted yes to including sexual orientation to the definition of hate crimes. He was integral in helping rid the country of the discriminatory HIV travel and immigration ban.

In short, his positions on gay issues are a lot like - Obama's.

Now to the interesting.

Biden isn't always careful about what he says.

For example, he called Barack Obama "clean and articulate," which has a racist edge. And last year, he declared that he didn't think Obama was ready to be president.

But Obama was able to put aside these insults and slights and look to the bigger picture. Joe Biden is someone he agrees with. Joe Biden is someone he admires. Joe Biden is someone he believes he can work with.

The pick of a running mate is said to have very little impact on an actual election - instead, it's seen as a candidate's first presidential decision, the way to get a small taste of what a candidate's presidency would be like.

What Obama shows here is a willingness to move beyond petty grievances for the common good.

And this is an important trait.

We need a leader who can work with people - in this country and others - who believe all sorts of things and who say all sorts of things.

We need a leader who is not afraid that he will highlight his weaknesses by hiring people who know more than he does in their particular area of expertise.

We need a leader who can bear up under insults and not take them personally.

So, I'm impressed by Obama's choice of Biden. Biden is not who I was hoping for - I was crossing my fingers for the very unlikely pick of Hillary Clinton, or the very possible Gov. Kathleen Sebelius, who made it to the final top three.

But Joe Biden is a choice I respect and can live with. And it shows some very interesting things about Obama - that he can be practical when he needs to be, and that he won't just try to surf the unsteady winds of oratory; that he can look at the big picture, instead of being focused on issues of personal loyalty or slights; and that he isn't afraid to be surrounded by people who may know more than he does.

These are the sorts of differences that make a difference. These are the sorts of things that show us the kind of president Barack Obama will be.

Marriage for Us—but Not for Me

"So ... How come you're not married?" a heterosexual friend asked me some time back. Since he knows I am gay, obviously "married" meant something like "in a partnered relationship."

And, of course, now that two states, including the most populous U.S. state, formally permit gay marriage, not just civil unions or domestic partnerships, and a few other states such as New York recognize out-of-state gay marriages, the question can have some additional significance.

I've heard the question before from others, phrased in different ways, but they all come down to putting the burden of explanation on the unpartnered guy. "Why is a nice guy like you still single?" or even "Don't you want to get married?"

And sometimes I hear a little more bite in the question, as if the questioner is expressing something like moral disapproval that I am still single-and at my age, too. Or they are actually wondering, "What's wrong with you that you don't have a partner?"

I don't suppose I have a really satisfactory answer to any of these questions-satisfactory on their terms, anyway. You ask married couples-straight or gay-why they got married and they say something like, "Well, we fell in love and wanted to spend our lives together." In fact many gay couples getting married have already been together for years and are just formalizing the relationship. So I suppose the parallel response from me would have to be, "I didn't fall in love with anyone I wanted to spend my life with."

Married or partnered couples see marriage as the most natural thing in the world. I just never did and so never particularly sought it. But that seems a feeble answer, so I've tried to come up with some snappier ones.

"No one ever proposed." "I'm still waiting for Mr. Right to come along but he hasn't yet." "Maybe I'm just not good-looking (or interesting, or charming) enough to attract someone." "I guess I'm too individualistic; I like living alone-my life is my own." "Maybe I don't send out the right erotic signals, whatever they are, to attract someone." But all these amount to the same general response: "I assumed it might happen at some point, but it didn't." Nor have I ever felt that there was a hole in my life that I needed another person to fill.

Sometimes I am tempted to instruct-or remind-my questioner about the pleasures of the single life. My time is my own. I can go to bed early or late, as I like. I can eat when and what I want. I can be moody without anyone else asking me what's wrong. I can go places without having to check with another person if it's OK. I don't have to put up with another person's whims, moods, problems and "issues." I'm never lonely: I have interests that fill my mind and occupy my time. If I want company, I can call a friend to go somewhere or do something.

But these reasons seem to cut no ice with partnered people. And some of my reasons refer to things they explicitly reject or regard with distaste, even fear.

Some people seem to need-I don't know what else to call it-the validation of being with another person, as if that proves they have some value-to whom? to themselves?-otherwise insufficiently evident. I've never felt that need. Or they feel the need for another person to somehow complete themselves. But, of course, even if they wonder what is wrong with me that I am single, I am far too polite to turn the tables on partnered gays and ask them what is wrong with them that they feel the need for someone else. Or, more bluntly, how come they cannot thrive being single.

I'm sure I'd be pleased if some handsome, fascinating man wanted to spend more time with me yet somehow allowing me all that autonomy I value. But I am a fairly quiet, ruminative man. I live almost entirely inside my head. And there is no way I could manage to be equally interesting or attractive to some such person. Yes, they say opposites attract. But I reply, "Not enough." And I am comfortable with that fact.

Do not misunderstand. Partnered relationships are fine for people who want or need them, and many people obviously do. And no one is more pleased than I that gays and lesbians can now actually marry. I have over the years argued repeatedly for legalizing gay marriage, and I am gratified that it is finally happening, at least in some states. It just doesn't seem to be something I want for myself.

Mandatory Insemination?

Over at Overlawyered.com, in No conscience clause for California fertility doctors IGF contributing author Walter Olson questions a recent California Supreme Court ruling that would require the fertility doctors in question, against their religious convictions, to inseminate (artificially) a lesbian patient. (Just why the lesbian patient wants to force the fundie doctors to do this when San Diego isn't lacking alternative fertility services appears more a matter of bile than babies.) Olson writes:

The ruling also allows doctors to excuse themselves on the basis of religious scruples if there is a second doctor within the same practice-but not, apparently, a doctor across town at a different practice-willing to perform the work in question. And of course the legislature in Sacramento could readily help bring peace to the culture war by inserting into the law a generously drafted conscience clause-if it wanted to.

But then, how would that stick it to the 'phobes?

More. In certain respects this case brings to mind the suit brought by a lesbian couple who wanted the New Jersey Division of Civil Rights to order the Ocean Grove Camp Meeting Association of the United Methodist Church to rent their seaside pavilion for the couple's commitment ceremony. Or the Canadian pastor ordered by a government Human Rights Commission to apology and pay $1000 in fines for his anti-gay letter published in an Alberta newspaper.

Across the page, IGF contributing author John Corvino argues in When Tolerance Isn't Enough that acceptance, rather than tolerance (or, I assume, mere legal equality) should be our goal. But expressions of acceptance must be voluntary and achieved via convincing arguments and moving examples, not coerced through threat of punishment by the state.

With Friends Like This…

To me, the most striking moment in the Federalist Society's online debate is when Amy Wax, a law prof who argues that gay promiscuity will undermine the norm of monogamy in marriage, backs herself into a corner where she says this:

One also has to ask -- why is same-sex marriage so unpopular with voters? I think they see that once we start redefining, all bets are off. And I actually think that all bets ARE off. In the end, marriage is arbitrary, a construct, and a restrictive one. So why have it at all?

In context, it's fairly clear she doesn't mean the question rhetorically. She doesn't know the answer and she doubts there is one.

So marriage is arbitrary. It stands on nothing but blind acceptance of tradition. No moorings at all. Thus do conservatives, in their determination to put marriage on a slippery slope, join radical egalitarians in pooh-poohing the idea that it has any coherent rationale. Rad-egals say, "Marriage is arbitrary so let's change it." Conservatives, "Marriage is arbitrary so we can't touch it." Take yer pick; we're all deconstructionists now.

With friends like that, it's no wonder marriage is in such precarious shape.