Sexuality: The Front Line of Freedom

Last month the U.S. Court of Appeals for the Fifth Circuit (based in New Orleans) became the first and only jurisdiction in the country to recognize an individual's right to bear both arms (in a 2001 case) and to purchase adult toys "designed or marketed as useful primarily for the stimulation of human genital organs." The latter case involved a Texas statute that criminalized the promotion and sale of sex toys. As the Cato Institute's Ilya Shapiro explained:

"The Fifth Circuit's analysis correctly rests on the Supreme Court's 2003 decision Lawrence v. Texas, which found that Texas's anti-homosexual sodomy statute violated the Fourteenth Amendment right to engage in private intimate conduct. Put simply, there is no state interest compelling enough to overcome the individual right to freedom in the bedroom.

Because the 11th Circuit last year upheld a similar Alabama "obscene device" statute, Shapiro says that "the Fifth Circuit's decision now squarely opens up a 'circuit split,' which means the issue is ripe for the Court to take up next term." Here's hoping the highest court in the land follows the Fifth Circuit and decides that adults are entitled to possess both handguns in the home (in a case now before the Supreme Court) and sex toys.

And here's another look at how liberty and sexuality stand together. Jamie Kirchick writes in the New Republic of how gay porn actor and director Michael Lucas, who is a Jewish Russian immigrant, has run afoul of the politically correct academic crowd because of his unbridled condemnation of homophobia and anti-Semitism in the Islamic world. This particularly brouhaha erupted after Stanford University's student government asked Lucas to host a lecture on sexual health, which caused other students to protests against the invite. Responded Lucas, "It totally escapes me how gay people can side with burqa-wearing, jihad-screaming, Koran-crazed Muslims."

Kirchick admits that Lucas is often over the top (forgive me), but I like this quote from the story:

"He's from the East Coast," says Mark Kernes, a senior editor at Adult Video News. "Us people on the West Coast are more laid back."

More on gun rights. The Pink Pistols' brief is the lead for the Washington Post story on amicus briefs in the Second Amendment case now before the Court. (IGF contributing author Dale Carpenter helped write the brief.)

More on Jew-bashing + gay-bashing. The most recent in an ongoing series of attacks in France.

Europe capitulates, again. A gay Iranian teenager faces deportation from Britain and execution in his home country after a Dutch court refused to hear his asylum claim.

Respecting Ex-Gays

People often ask me what I think about ex-gay ministries. I have no objection to them in principle, but serious problems with them in practice.

I have no objection to them in principle because I believe we should give others the same respect that we ourselves demand. That includes giving people wide latitude about living their lives as they see fit. If you really believe that you're heterosexual deep down, and you want to take steps to help realize that identity, far be it from me to insist otherwise. I'll let you be the expert on what you feel deep down, as long as you show me the same courtesy.

In fact, many ex-gays do not show me the same courtesy. I've had several tell me, "C'mon-deep down you know that being gay is wrong." I know no such thing, and I resent it when other people tell me what I know "deep down." So let's make a deal: you don't tell me what I know deep down, and I won't tell you what you know deep down.

I'm not denying that people are capable of deep self-deception; indeed, I know it firsthand. For years I insisted that I was "really" straight, even though (1) I had gay feelings, (2) I had no straight feelings, and (3) I knew that people with gay feelings but no straight feelings are gay. (This, from someone who would later teach elementary logic.) Somehow, by not letting my thoughts "touch," I could avoid drawing the feared conclusions from them.

Maybe ex-gays are engaged in similar self-deception; maybe not. The point is that it's their feelings, their life, their decision to make. So I won't oppose their efforts in principle.

In practice, I have at least three serious problems with ex-gay ministries.

The first is their tendency to promote myths about the so-called "homosexual lifestyle" by generalizing from some people's unfortunate personal experiences. Ex-gay spokespersons will often recount, in lurid detail, a life of promiscuity, sexual abuse, drug addiction, loneliness, depression, and so on. "That is what I left behind," they tearfully announce, and who can blame them? But that experience is not my experience, and it's by no means typical of the gay experience. To suggest otherwise is to spread lies about the reality of gay and lesbian people's lives. (The best antidote for this is for the rest of us to tell our own stories openly and proudly.)

The second problem is the ex-gay ministries' abuse of science. Many of its practitioners are engaged in "therapy" even though they are neither trained nor licensed to do so; some of that "therapy" can cause serious and lasting psychological damage. Ex-gay ministries tend to lean on discredited etiological theories-domineering mothers, absent fathers, and that sort of thing. They also tend to give false hope to those who seek such therapy. By all respectable accounts, only a tiny fraction of those who seek change achieve any lasting success. Even then it's unclear whether feelings, or merely behaviors, have been changed. While we shouldn't reject individuals' reports of change out of hand, nor should we pretend that their experience is typical or likely.

The third and related problem is that many ex-gay ministries promote not merely a "change," but a "cure." "Cure" implies "disease," which homosexuality is not. Insofar as ex-gay ministries promote the long-discredited notion that homosexuality is a psychological disorder, I oppose them. ("Spiritual" disorders are another matter, but then we've left the realm of science for that of religion. Ex-gay ministries have an unfortunate habit of conflating science, religion, and politics.)

I am not at all threatened by the notion that some people can change their sexual orientation, if indeed they can. In reality, it seems that at best only a small number can do so, and only with tremendous effort. But if they can, and that makes them happy, good for them. I'm confident enough in my own happiness that I need not doubt theirs.

Nor do I feel the need to insist that I was "born this way." Maybe I was, maybe I wasn't. What I can say with confidence is that these feelings are a deep and fulfilling part of who I am, and I see no reason to mess with them. Quite the contrary.

So when ex-gays announce, from billboards and magazine ads, that "Change is possible," I say: Possible? Maybe. Likely? No. Desirable? Not for me, thanks.

Marriage and Such

Commenting on this week's oral arguments in the marriage case before the California Supreme Court, Dale Carpenter writes:

if gay-marriage litigants do lose the case, the loss may turn out to be a blessing in disguise for the gay-marriage movement as a whole. On the one hand, a pro-SSM ruling from the California high court would lead to a state-wide voter initiative to amend the state constitution to ban not only gay marriage but legislatively created civil unions as well. Nobody knows how that vote would turn out, but I would not be confident of a victory for gay marriage. That has always been a serious risk of this California litigation.

On the other hand, a ruling that leaves the issue to the state legislature (which has twice voted to recognize gay marriage) and the governor (who has twice vetoed gay-marriage legislation, deferring the issue to this litigation) will mean that this issue will be resolved democratically.

We've been through this before: either you believe that gay marriage is a new civil right that should be enforced by the courts, or you believe that (with the sole exception of uber-liberal Massachusetts) it's counter-productive to achieve a court victory that creates a voter backlash, enshrining a ban on legal recognition of gay unions into state constitutions. It then follows that giving the electorate a few years to get comfortable with civil unions is the best path to securing eventual marriage equality.

Quite unrelatedly, the Washington Post looks at Hillary's gay supporters in Texas, some of whom find Obama's lack of actual experience troubling.

On the other hand:

[Clinton supporter] Gribben, 64, gives a short history lesson and names all of Clinton's contributions to the gay community. She was the first first lady to march in a gay pride parade. She's fought for more HIV funds. She wants to repeal "don't ask, don't tell," though it was her husband who signed the controversial military policy toward gays. She's for the Employment Non-Discrimination Act and supports civil unions.

To which could also be added, "although her husband signed the Defense of Marriage Act (and bragged about it in his re-election ads on radio in the South)."

None of the Above

For the most part-allowing for occasional lapses of taste-I don't write about politics, at least not about the horse-race aspects of which candidates are ahead, which will come out on top, which of their strategies did and didn't work, etc. I follow those matters with some interest but with a sense of detachment. I am not part of that process.

For one thing, there are plenty of other writers in the mainstream and gay press, and innumerable bloggers, television commentators and talk radio personalities who eagerly share their opinions and speculations. I doubt if I have anything new and significant to add, anything that some or all of them haven't already said.

So far as indicating a preference for one candidate over another, whether openly or between the lines, there hardly seems much point. To do that would be an exercise in egotism. I write for a limited-circulation newspaper. Nothing I write is going to affect the outcome of an election. Then too, I understand my job to be writing about gay issues, broadly conceived, and I figure that most people already know who the gay-supportive candidates are.

Nor do I have much enthusiasm for any of the candidates who are or have been running. They all have a few good points on gay or other issues and a large number of bad points: I generally tend to agree more with the criticism candidates make of one another than I do with the candidates themselves. The most that could be said of any of them is that they seem less bad than the others.

It is no secret that I am, on the whole, a libertarian, meaning that I view governments (city, state, federal) with deep suspicion. Government is a Borg, constantly grasping more power, more control, more of our money.

I am in favor of both economic and civil liberties. Economic liberties include lower taxes (for everyone), less government spending, and less government interference in the marketplace and our economic lives. Civil liberties include more freedom from government intrusion into our personal lives, free speech, personal privacy and property rights, abortion and drugs decriminalization. And this necessarily entails equal treatment of gays and heterosexuals.

None of the viable candidates believes anything like this. Which is not surprising because they are part of the government and have a vested interest in promising government policies using government power and government money (ultimately your tax money) for various constituencies.

So, I want there to be a line on the ballot that says "None of the Above." If that line got a majority, the parties would have to go back, find new policy packages and/or new candidates and try again in a second election in, say, three months. At the very least, "None of the Above" would be a safety valve for those of us who feel dissatisfied with the "choices" we are offered.

To be sure, there is the small Libertarian Party which espouses libertarian principles. And I have voted for its candidates pretty regularly in national elections since they first ran a candidate in 1972. The candidate that year was University of Southern California philosophy professor John Hospers who had just written a book called "Libertarianism." As I recall, he got about 6,000 votes nationwide.

I remember casting a write-in vote for Hospers that was almost not counted. A major-party election judge was about to throw out my ballot as a joke vote like Mickey Mouse when a friend of mine stepped in to explain that Hospers was a real candidate of a real party. Hospers also got one vote in the electoral college from a renegade Republican elector in Virginia.

People sometimes say, "But you're throwing away your vote. Don't you want your vote to count?" But I defy anyone to show me that their precious little vote made any difference in any election they have ever voted in. If it didn't, then their vote didn't "count" any more than mine did. They might as well have gone to Starbucks and had an espresso instead of voting.

In fact, we might say my vote "counted" more than theirs because my vote was a larger portion of the vote for the candidate I voted for than theirs was of the candidate they favored.

There you have it. I don't like the major-party candidates, so I vote Libertarian. Is that a protest vote? In a sense, yes. But, of course, I am also voting for what I believe. If I voted for "None of the Above" it wouldn't be clear what I was for. But "None of the Above" should be on the ballot for people to vote for if they aren't libertarian.

Buckley and Conservatism

The Cato Institute's David Boaz, author of The Politics of Freedom, looks at the legacy of William F. Buckley, the founder of modern conservatism as an intellectual and political movement "dedicated to individual liberty, limited government, the U.S. Constitution, federalism, the free-market economy and a strong national defense." But, as Boaz writes:

The conservative intellectual movement abandoned its limited-government roots. The neoconservatives, who drifted over from the radical left, brought their commitment to an expansive government intimately involved in shaping the social and economic life of the nation.... The religious right demanded that government impose their social values on the whole country.

These are among the contradictions that confront conservatism today-and "liberalism" has its own fair share, with dedication to civil liberties clashing against its support for expansive government in all its guises, including stifling economic regulation, high taxes, mandated group-based preferences, and (increasingly) counter-productive trade tariffs, along with blocking school choice.

The world is full of grays, and Buckley's religious and generational-based opposition to gay legal equality has to be tempered with his laudable opposition to the expansion of communist totalitarianism around the globe and moves toward socialism in the U.S. It remains for today's defenders of liberty to forge a coherent politics that brings together economic and personal freedom, both at home and abroad.

More. In another recent post, Boaz asks why conservatives now support laws against discrimination based on some characteristics (e.g., race, religion) but not based on others (e.g., sexual orientation). Not so surprisingly, turns out "It's not a matter of logical categories."

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Sign of the (Washington) Times

This is a bit inside-the-beltway, but the fact that the very socially conservative (oh, let's just say reactionary) Washington Times is abandoning some of its most egregious anti-gay stylings (using "homosexual" instead of gay; placing scare quotes around the "m" word in "homosexual 'marriage'") signifies something.

Real advances for gay legal and social equality come not just when the convention-abandoning left "progressives" move on (sometimes to positive effect, sometimes destructively and hubristically), but when the hidebound, clinging-to-tradition, puttin'-on-the-brakes other leg of the national psyche advances, albeit much more slowly, in the forward direction. That's why while the Democratic nominees clearly far outpace the GOP on matters gay (at least rhetorically), the fact that McCain is somewhat of an improvement over Bush (i.e., as when he called the proposed federal anti-gay marriage amendment "antithetical in every way to the core philosophy of Republicans") still registers as important.

More. Scott Tucker, communications director for the Log Cabin Republicans, makes the case that if you happen to be gay and Republican, you can feel comfortable voting for John McCain.

Furthermore. Jonathan Rauch shares his thoughts in For The GOP, A Tonic Named McCain.

Texas-Sized Chutzpah

Say goodnight to Chuck Rosenthal, who recently quit as district attorney of Texas's Harris County (that's greater Houston). This is the guy who brought the Lawrence v. Texas sodomy case and then, insisting on arguing it himself before the Supreme Court, bungled it-producing a famous victory for gay civil rights.

We can thank him for helping gays make another point, too. Rosenthal's problems stemmed from "romantic, pornographic, and racist emails found on his county computer," as one report said. And what legal precedent did Rosenthal cite as he tried to prevent exposure of those emails? Right, Lawrence v. Texas, which he said protected his privacy. I'm not making that up.

It's hard to imagine a better demonstration that civil rights for one are civil rights for all.

Civil Unions: A Bust in New Jersey

Civil unions are a failed experiment.

I didn't say that. Lynn Fontaine Newsome did.

Newsome is president of the New Jersey State Bar Association, and she was testifying in September about the effectiveness of the civil union law in New Jersey.

Needless to say, she doesn't think they are working well.

Nor does Ed Barocas, legal director of the American Civil Liberties Union of New Jersey, who said, "By creating a separate system of rights . . . the civil union law has failed to fulfill its promise of equality."

And in the end, neither does the New Jersey Civil Union Review Commission itself, which concluded last week that the idea of civil unions confuses the public and establishes a "second-class status" for the gays and lesbians who are bound together under them.

Civil unions are a failed experiment. We have tried them, and they have failed.

This is important, because state governments are often considered labs for the federal government. The idea is, try something out on a smaller scale in the various states. If it works, consider it on the federal level. If it doesn't work, try something else.

New Jersey is instructive because of the sheer number of problems the law has had in its year of existence. The State Supreme Court instructed that gays and lesbians must be treated equally, leaving it up to the legislature to determine how.

The legislature, in turn, granted gays and lesbians civil unions instead of marriage.

New Jersey has 2,329 couples in civil unions and 56 who have affirmed unions from other states; the New York Times reports that 568 couples have complained to Garden State Equality that they have not, in fact, been treated equally.

Those complaints have ranged from human resources computer systems having no category for "civil unions" to military members who are afraid to be "unioned" lest they be outing themselves under "Don't Ask, Don't Tell," to companies directly violating the law because they didn't understand that unions granted the same state rights as marriage.

Happily, not only do we have a few failed civil union experiments (Vermont experts testified as well), but we have one very successful equal marriage experiment: Massachusetts.

The Massachusetts experts who testified said that their state had none of the issues of New Jersey.

Before the provocative results of these experiments, many of us felt that civil unions might be a fine idea. Like Barack Obama and Hillary Clinton, we thought - just give people their full rights and call it anything you want. Who cares if it's called marriage? A word is just a word. If labeling this packet of rights "civil unions" is what it takes to bring equality to gays and lesbians, then for heaven's sake, call that packet "civil unions."

Unfortunately, the experiment of New Jersey proves that the words matter very much.

Civil unions really are perceived as separate and unequal, both by the people who get "unioned" and by the lawyers, officials and civil servants who need to deal with the tangles civil unions create.

Additionally, though, New Jersey gives us an inefficiency argument that might help sway fiscal (if not social) conservatives. Why force thousands of businesses to change established forms, computer programs and policies to accommodate civil unions, when forms, programs and policies are already in place for marriage?

Wouldn't just calling gays and lesbians "married" be easier for everyone concerned?

In a way, it's great that New Jersey decided on civil unions first, because they took the time to review the policy. Civil unions in New Jersey gave people a chance to see what a world with heterosexual marriage and homosexual civil unions looks like - by watching New Jersey struggle with it, we've gotten a chance to kick the tires and look under the hood, to discover the certainty that this vehicle won't move anyone forward.

Now we have proof. Marriage is more than just a word that will make us "feel" equal - marriage is a word that will actually move us toward equal. Which means we can no longer be contented by presidential candidates who tell us that they will give us all of the rights without the word.

I mean, just imagine the tax payer dollars that would need to be paid to change thousands of federal forms to include "civil unions" when "marriage" is there already and is a word everyone already understands.

Civil unions are a failed experiment. There is no need to try it on a national level - it has already been tried and failed. We need federal marriage.