Gay Marriage: The Case Against the Case Against

Review of The Future of Marriage, by David Blankenhorn (Encounter Books)

When I came out with a book making the case for same-sex marriage a few years ago, I expected to spend time selling gay marriage to straight people and marriage to gay people. The surprise was how much time I spent selling marriage to straight people.

By marriage, I mean not just a commitment that two people make to each other. Marriage is a commitment that the two spouses also make to their community. They promise to look after each other and their children so society won't have to; in exchange, society deems them a family and provides an assortment of privileges, obligations, and caregiving tools. (Not, mostly, "benefits.") Marriage does much more than ratify relationships, I would tell audiences; it fortifies relationships by embedding them in a dense web of social expectations. That is why marriage, with or without children, is a win-win deal, strengthening individuals, families, and communities all at the same time. Gay marriage, I said, would be the same positive-sum transaction. The example gay couples set by marrying instead of shacking up might even strengthen marriage itself.

Audiences received my gay-marriage pitch in predictably varied ways. What consistently surprised me, however, was how few people thought of marriage as anything more than a private contract. Particularly among groups of younger people, the standard view was that marriage is just an individual lifestyle choice. If chosen, great. If not chosen, great. I would leave such encounters with a troubling thought: Perhaps straights were becoming receptive to gay marriage partly because they had devalued marriage itself.

What's Marriage For?

In his new book, The Future of Marriage, David Blankenhorn begins where my doubts left off. Blankenhorn is the founder and president of his own think tank, the Institute for American Values, and has built his career on the restoration of fatherhood to the center of American family life. In The Future of Marriage, he emerges as an articulate, humane, and fair-minded opponent of same-sex marriage, which he regards as nothing less than part of an effort to steal children's patrimony. "It would require us, legally and formally, to withdraw marriage's greatest promise to the child-the promise that, insofar as society can make it possible, I will be loved and raised by the mother and father who made me." He takes jabs at me, among other gay-marriage advocates, but in my case he plays fair. And Blankenhorn is ambitious. He wants to lift the gay-marriage debate from its isolation in the mud-pit of the partisan culture wars and place it within a larger theory of marriage. He also wants to put an end to the days when gay-marriage advocates can say that there is no serious case against gay marriage. In both respects, he succeeds.

As I read, I made note of points on which he and I agree. I soon found myself running out of paper. Marriage, we both believe, is a vital institution, not just equal to competing family arrangements from society's point of view but preferable; it is an institution embedded in society, not a mere contract between individuals; it is social, not just legal, and so cannot be twisted like a pretzel by court order; it has (almost) everywhere and always been heterosexual and entwined with procreation, and should be. Gay marriage, we both believe, is a significant change that entails risk (though we assess the risks very differently); but gay marriage, we also believe, is a supporting character in the much larger drama of shifting social values. We agree that heterosexuals, not homosexuals, will determine marriage's fate and have handled matrimony pretty poorly without any gay help. And we agree that children, on average (please note the qualifier), do best when raised by their biological mother and father, though he makes more sweeping claims on that score than I would. That is a great deal of common ground, which makes it all the more interesting that we come out in utterly different places and that gay marriage, in some ways, turns out to be the least of our disagreements.

For Blankenhorn, "the most important trend affecting marriage in America" is not same-sex marriage. It is the "deinstitutionalization" of marriage-that is, "the belief that marriage is exclusively a private relationship"-of which gay marriage is merely a prominent offshoot. To his credit, he understands and forthrightly acknowledges that the individualistic view of marriage "has deep roots in our society and has been growing for decades, propagated overwhelmingly by heterosexuals."

Marriage creates kin. In society's eyes, it distinguishes a relationship from a family. The trouble, for Blankenhorn, with declaring any old kind of relationship a family-with turning marriage into "a pretty label for a private relationship"-is that marriage evolved and exists for a specific social reason, which is to bind both parents, especially fathers, to their biological children. Same-sex marriage, he argues, denies this principle, because its "deep logic" is that a family is whatever we say it is, and it changes the meaning of marriage "for everyone" (his italics). For support, he draws on the writings of left-wing activists and academics who favor same-sex marriage precisely because, they hope, it would knock mom-dad-child marriage off its pedestal. Granting marriage rights to gay couples, who even in principle cannot unite biological fathers and mothers with their children, would "require us in both law and culture to deny the double origin of the child." Once that happens, we "transform marriage once and for all from a pro-child social institution into a post-institutional private relationship."

In plainer English, Blankenhorn is saying that marriage is designed to discriminate in favor of conjugal families and must continue to do so. Egalitarians may hate that idea, but it isn't stupid or bigoted. Blankenhorn is correct to think society has a strong interest in keeping fathers, mothers, and children together; many of today's problems of crime, poverty, and inequality flow directly from the breakdown of families. But there Blankenhorn and I part ways. He says he is all for maintaining the dignity and equality of gay people, but he believes that changing marriage's most venerable boundary is the wrong way to do so. I am all for maintaining the strength of marriage and family, but I think that telling homosexuals (and their kids) they can't form legal families is the wrong way to do so.

One Purpose, or Many?

Having written a whole book on the subject, I won't rehearse here why I think gay marriage is good family policy. Suffice it to say that, in a society riddled with divorce and fatherlessness, family policy's essential task is to shore up marriage's status as a norm. In a world where gay couples look married, act married, talk married, raise kids together, and are increasingly accepted as married, the best way to preserve marriage's normative status is to bring gay couples inside the tent. Failing to do so, over time, will tar marriage as discriminatory, legitimize co-habitation and other kinds of non-marriage, and turn every successful gay couple into a cultural advertisement for the expendability of matrimony.

Blankenhorn clearly disagrees. Our disagreement over how gay marriage will affect marriage's normative status, however, is well-plowed ground. So I'll move along to what Blankenhorn rightly considers his deeper and more important arguments, which are about the nature of marriage itself. Near the beginning of his book, Blankenhorn calls childrearing (by which he means the rearing of children by their biological parents) "probably the single most important social need that marriage is designed to meet, but there are numerous others as well." Two pages later, however, he makes a more unequivocal statement: "Without children, marriage as an institution makes little sense." Though he regularly uses qualifiers, it quickly becomes clear that, in practice, the unqualified statement is much closer to his view.

Blankenhorn succeeds in showing that binding fathers and mothers to their biological children is a core purpose of marriage, and more power to him for that. But the logic of his argument is that binding fathers and mothers to their biological children is the only purpose that has any compelling claim on society, and that allowing marriage to serve any other purpose hurts children by pushing them to the sidelines. From a purpose to the purpose is a long leap, and one that leaves the public far behind. Blankenhorn himself cites a poll showing that 13 percent of Americans say "promot[ing] the happiness and wellbeing of the married individuals" is the "more important characteristic of a good marriage," and 10 percent choose "produces children who are well-adjusted and who will become good citizens," but three-quarters say: "The two are about equally important." In other words, the public believes that a good marriage is good for adults and good for children, and that there is no conflict. And the public is obviously right. Marriage has more than one essential public purpose. Providing a healthy and secure environment for the rearing of children (biological or adoptive) is certainly one of them (and, of course, many gay couples are raising children), but at least three others, in my view, compel respect: providing a transition to stable domestic life for young adults (especially men), providing a safe harbor for sex, and providing lifelong caregivers.

Still others can be found in a 2000 document called The Marriage Movement: A Statement of Principles. In a section headed "What Is Marriage?" the manifesto declares that "marriage has at least six important dimensions": it is a legal contract, a financial partnership, a sacred promise, a sexual union, a personal bond, and a family-making bond. "In all these ways," the statement continues, "marriage is a productive institution, not a consumer good."

That manifesto, as you may have guessed, was drafted, endorsed, and disseminated by David Blankenhorn, among others. The Blankenhorn of 2000 was right. Marriage multitasks. It is undoubtedly linked with procreation, but the reductionist Blankenhorn of 2007 gets the relationship backward: Marriage binds children to parents by conditioning procreation on marriage, not by conditioning marriage on procreation. We regard the marriage of infertile (say, elderly) couples as cause for celebration, not condemnation. And, of course, gay couples are just another variety of infertile couple. Even if their unions do not accomplish all the public purposes of marriage, three out of four-or five out of six-ain't chicken feed.

Blankenhorn, oddly, treats the objection that society values and encourages infertile straight marriages as no objection at all. His three flippant pages explaining why infertility would bar gay but not straight couples from matrimony are the only really embarrassing performance in his book. He says that allowing infertile straight couples to marry no more shows that marriage isn't for biological parenting than allowing non-drivers to buy cars shows that cars aren't for driving. He fails to note that marriage is more like a mobile home (some people drive them, some live in them, and some do both), that it is in fact legal for non-drivers to own cars, and that in any case gay couples are already out on the roads by the thousands. He says barring infertile straight couples would be impractical, as if that were the reason we don't do it. (And, actually, it would be pretty easy; in fact, a satirical Washington state initiative campaign proposes to do it.) Then, backing up, he acknowledges that practicality isn't the issue, only to tumble headlong into a baffling non sequitur by saying "there is no need!" (his emphasis) for a ban on infertile straight marriages because fertile couples will have babies anyway.

In the midst of those pratfalls, he looses this whopper: "Marriage's main purpose is to make sure that any child born has two responsible parents, a mother and a father who are committed to the child and committed to each other. To achieve this goal, it has never been necessary, and it would never be possible, for society to require that each and every married couple bear a child" (italics mine). Well, thanks. I rest my case.

A Choice of Cultures

Fortunately, Blankenhorn has a stronger argument to make-although in the end it lands him on the horns of another false dilemma. Setting aside the structure of marriage, he considers the structure of support for gay marriage. It is no coincidence, he says, that "people who professionally dislike marriage almost always favor gay marriage" (his italics). Marriage's opponents want to de-privilege marriage, replacing it with a "family diversity" model in which society and law view all family structures as equal and interchangeable. Such folks favor gay marriage, he argues, because they understand it as a step along their downhill path.

Blankenhorn here elides the fact that many egalitarian anti-marriage activists have expressed ambivalence or outright hostility toward same-sex marriage, precisely because they fear it would undercut their liberationist agenda. He also elides the fact that some of the country's most distinguished and dedicated marriage advocates support same-sex marriage: Paul Amato, William Doherty, William Galston, and Theodora Ooms, among others. He does not explain why a bunch of left-wingers who he and I would probably agree are wrong about almost everything else should be presumed right about same-sex marriage.

Still, Blankenhorn is making a deeper point, and one with an element of truth. He is saying that certain values go together in coherent bundles. If we could have the status quo plus gay marriage, he could live with that. But he thinks we will either get less than gay marriage or much more, because we must choose between two bundles of values, one that puts children at the center of marriage and another that gives primacy to adults. To clinch the point, Blankenhorn draws on two multinational public-opinion surveys. He considers eight questions about marriage, such as "Married people are happier," "People who want children should marry," and "Marriage is an outdated institution." Countries that recognize gay marriage, he finds, are consistently less likely to insist on the importance of marriage than are countries that do not recognize it.

Blankenhorn is saying that only one of these two cultural bundles can sustain marriage as a child-centered public institution. But it is the whole bundle, not just gay marriage, that determines marriage's fate. With exemplary integrity, Blankenhorn acknowledges as much. "To the degree that it makes any sense to oppose gay marriage, it makes sense only if one also opposes with equal clarity and intensity the other main trends pushing our society toward post-institutional marriage" (his italics). So the important question isn't only gay marriage, or even marriage. Just as important is what else is in these bundles.

Here is one clue. Countries in his data set that recognize same-sex marriage nationally are relatively few and are concentrated in Western Europe, plus Canada and South Africa. Countries that do not recognize same-sex unions, on the other hand, form a larger and more heterogeneous group, including a few Western countries, but also, for instance, Bangladesh, China, Egypt, Indonesia, Iran, Saudi Arabia, Nigeria, Uganda, and Ukraine. It would certainly be surprising if the latter countries did not take a more traditional view of marriage-and very much else.

And so they do. Using data from the World Values Survey-the larger and, as we both agree, more representative of Blankenhorn's two sources-I looked at how countries with and without same-sex marriage felt on some matters other than marriage. As Blankenhorn points out, countries without same-sex marriage do indeed take more traditional attitudes toward marriage, parenthood, and divorce. But-prepare to be shocked-what correlates most starkly with the absence of gay marriage is intolerance of homosexuals. Meanwhile, people in countries with same-sex marriage are more supportive of teaching children to be independent and tolerant; they are more supportive of women's equality in work and politics; and they are less insistent that women must be mothers to be fulfilled. They are also more secular and are marginally more supportive of democracy. As it turns out, they also report higher satisfaction with life and feel they have more freedom of choice and control over their lives. If you had to live in a random country chosen from one of these two lists, which list would you choose? As a homosexual American, I can tell you my own answer, and not just because of gay marriage.

Blankenhorn has painted himself into a corner, one where the American public will never join him. If, as he insists, we cannot sustainably mix and match values and policies-combine adult individualism with devoted parenthood, for example, or conjoin same-sex marriage with measures to reduce divorce-then we must choose whether to move in the direction of the Netherlands or Saudi Arabia. I have no doubt which way the public would go. And should.

A Wiser Public

In fact, however, the public will reject the choice Blankenhorn offers as a false one; and, again, the public will be right. A look at Blankenhorn's own data shows that the publics of gay-marriage countries have not rejected marriage; on six out of the eight questions he uses as indicators, they agree with non-gay-marriage countries, just by less decisive margins. People in countries recognizing same-sex unions are more accepting of co-habitation and single parenthood than Blankenhorn and I would prefer; but their project is not to reject marriage, except perhaps on Blankenhorn's reductionist account of it, but to blend and balance it with other values of liberal individualism.

Blankenhorn may think this project futile. He is right to sound cautionary notes. But in recent years, as he points out, U.S. divorce rates have dropped a little and teen-pregnancy rates have dropped a lot, while "rates of marital happiness have stabilized and may be increasing." States are experimenting with reforms to strengthen marriage and reduce unnecessary divorce, and the proportion of African-American children living in two-parent, married-couple homes has stabilized or increased. Those modest but heartening improvements come at precisely the time when gay Americans in the millions-the ordinary folks, not the academicians-have discovered and embraced marriage and family after years of alienation from both.

Blankenhorn and I could argue all day about whether gay marriage is part of the solution or part of the problem. But I feel I have learned a couple of things recently. From giving all those speeches, I have learned that the public takes a more individualistic view of marriage than either Blankenhorn or I would prefer. From his new book, I've learned that the public's view of both marriage and society is nonetheless richer, wiser, and more humane than David Blankenhorn's-and possibly, for that matter, than my own. Which gives me hope that, whatever the experts say the real purpose of marriage is or is not, the public can ultimately get it right.

40 Years On

David Boaz notes that Tuesday is the 40th anniversary of "Loving vs. Virginia," the U.S. Supreme Court decion ending state bans on interracial marriage. He writes on the Cato@Liberty blog:

in our own times, Virginia has been repeatedly banning same-sex marriage, not worrying excessively about how much collateral damage it does to wills, custody agreements, medical powers of attorney, or joint bank accounts.

Boaz references "the state's tradition of interfering with private choices," which "flowed from an arrogant desire by the state to control private relationships."

More. Virginia's Supreme Court has just affirmed 18 as the age of consent for "sodomy," whereas 15 is the age of consent for vaginal intercourse. As New York Law School Prof. Arthur S. Leonard writes, the result is "making oral or anal sex illegal for gay teenagers while vaginal intercourse is legal for teenagers of the same age, a patent inequality." The more things change...

Ending DADT: The Liberals’ Nightmare?

I don't always agree with Andrew Sullivan, but he's absolutely right to pick up on the way that liberal Democratic pols and pundits still think it's the 1990s when it comes to "don't ask, don't tell," the ending of which they support in principle at some future date when it seems safe and appropriate.

And yes, the GOPers are much worse (expectedly so, since the big gay national lobbies have become fundraising arms of the Democratic party), while a few principled libertarian-conservatives like George Will get it.

More. Former Congressman Bob Barr (R-Ga.), no friend of gay legal equality (he was a prime sponsor of the Defense of Marriage Act), comes out against DADT.

Pride Nomenclature

Pioneer gay activist Frank Kameny says in this week's Washington Blade that DC's "Capital Pride" event should be called "Gay Pride." How proud can you be if you can't say what it is you're taking pride in?

See how closely you have to read this Washington Post story to realize the weekend has to do with gay people. This is, to a large extent, fallout from the activists' insistence that "gay" excludes and so either the cumbersome and confusing LGBT must be deployed, or no signifier used at all.

More ‘Dis e-Harmony’

An excellent column by Debra Saunders of the San Francisco Chronicle takes aim at the lesbian lawsuit against eHarmony.com. Writes Saunders:

[Walter Olson, editor of overlawyered.com] noted that [Linda] Carlson has "a much better chance with existing dating services." But she is suing, Olson noted, because diversity and tolerance have come to mean, "It's not just that you get the choices you want, but also choices you don't approve of have to be taken away."

And: "Diversity in theory is the enemy of diversity in practice."

The very term harmony evokes the sound of differing chords coexisting and making interesting music. As for Carlson's lawsuit, it could result in a world where all dating services must serve the same people. It's one note.

More at overlawyered.com and from Rick Sincere, who writes:

If [Carlson] prevails in her suit-and, given that she filed the suit within the Ninth Circuit Court of Appeals geographic reach, she may well do so-then gay-oriented dating and matchmaking services (like gay.com or myPartnerPerfect.com) will have to accept straight clients on an equal basis with gay clients. That will dilute their purpose and make them less safe and inviting for the very people they are intended to serve.

Overdoing Anti-Discrimination

An Internet dating service called eHarmony.com matches people based on a very long list of questions they answer about their likes and dislikes, lifestyle, philosophy, religious and political views, and so on. That's par-for-the-course with these services, but this one adds a twist. Unlike almost every other dating site, it will not match people with members of the same sex.

This upset a California lesbian, who sued eHarmony, claiming that this practice amounted to illegal anti-gay discrimination under state law. While eHarmony's practice is indefensible and likely bigoted, the lawsuit trivializes the serious phenomenon of anti-gay discrimination.

I support antidiscrimination laws that prohibit certain types of group-based discrimination by government, including discrimination based on sexual orientation. I also support extending these principles to the private sphere on important matters like employment and housing, with some limitations and exemptions. Generally speaking, employers should not be allowed to fire someone simply for being gay and apartment managers or home sellers should not be allowed deny housing to gay people.

I have no view on whether eHarmony's practice of excluding persons seeking same-sex mates violates any California antidiscrimination law. California courts should apply state antidiscrimination law regardless of whether they think it's good policy under the circumstances.

Some people have questioned whether eHarmony is even engaging in "sexual orientation" discrimination at all. Gays can join the site, they just have to settle for being matched with opposite-sex dates. That's not very persuasive.

Discriminating on the basis of a trait or conduct (seeking same-sex mates) that is intimately tied to the status (homosexual) is the sort of discrimination that a sexual-orientation antidiscrimination law is properly concerned about. A policy that forbade yarmulkes, and only yarmulkes, is anti-Jewish even though Jews themselves aren't forbidden.

Few policies that disadvantage gays take the form of, "No gays allowed." Even the Texas sodomy law, which outlawed only to same-sex sodomy and was ruled unconstitutional by the Supreme Court four years ago, did not prohibit homosexuals from having sex. Gays simply had to choose opposite-sex partners for the identical sexual activity. Yet I have no hesitation saying that law was anti-gay.

I'm also dubious about eHarmony's rationale for its practice: that its questions and answers are based on research tailored to heterosexuals that may not fit well for homosexuals. The dynamics of gay and straight relationships are very similar if not identical: the same sorts of problems arise (e.g., financial, division of labor, differences over child-rearing), the same traits are desired in mates (e.g., honesty), and so on.

Given that eHarmony's founder is a Christian evangelical with longstanding ties to James Dobson and the anti-gay group, Focus on the Family, the real objection is probably that eHarmony does not want to facilitate what it regards as immoral and unbiblical relationships. The business about its heterosexuals-only "research" seems pretextual, crafted to fend off litigation.

But regardless of whether it is viable under California law, the suit against eHarmony is a bad idea.

Modern antidiscrimination law is expanding in two ways that are very unhelpful. First, it is being applied in ways that infringe important liberties outside the commercial context. The Boy Scouts case decided by the Supreme Court in 2000, involving the exclusion of an openly gay scoutmaster, was an example of this. While the harm and indignity done to the gay scoutmaster, who'd been an Eagle Scout, was not trivial, requiring that the Boy Scouts let him lead troops violated the Scouts' associational and speech interests in very important ways.

Second, antidiscrimination law is increasingly being applied to trivial and/or fairly harmless discrimination that goes well beyond core concerns about things like employment and housing. The exclusion of Catholic Charities from offering adoptions in Massachusetts last year was unjustified because it was difficult to show how the group's anti-gay policy actually hurt gay couples seeking to adopt.

The eHarmony lawsuit is an example of the trivialization of antidiscrimination law. It doesn't involve a core concern like employment or housing or even a traditional public accommodation, like discrimination in a restaurant or hospital. It's also very hard to see how any gay person is really harmed by the policy. Gays aren't lacking for match-making sites, either general ones or those tailored just to same-sex pairs. And personally, I wouldn't give my money to eHarmony regardless of what policy they adopt at this point.

The suit allows some opponents of antidiscrimination law to point, with some justification, to excesses as evidence that the underlying idea is bad. It also allows anti-gay activists to belittle claims that gays are subject to serious and ongoing discrimination that should be remedied in law.

The claim against eHarmony forgets the four most important words in public policy: up to a point. That point is passed when we make trivial and harmless discrimination, however dumb or prejudiced it is, a matter of legal concern.

Kalamazoo Story

The Freedom to Marry Coalition makes good use of the 40th anniversary of Loving vs. Virginia.

Meanwhile, Kalamazoo, Mich., has withdrawn health benefits from its employees' same-sex domestic partners as a result of the Michigan anti-marriage amendment passed in 2004. The state Supreme Court agreed to hear an appeal of a state Court of Appeals decision blocking same-sex benefits, but it also let the earlier decision take immediate effect. Expect more of this around the country.

And here's why this matters.

Much to Be Proud Of

Well, here we are again. It's Gay Pride month. If you are old and jaded, or for that matter young and jaded, your reaction is probably a sardonic "Oh, Whoopee-do." That is usually my first reaction too. But then I think about it for a while and end up deciding that gay pride is a pretty good idea.

Think back half a century. "When our American movement for full civil rights and equality for homosexuals got launched fifty-six years ago, we had a huge range of basic problems to tackle. We were denounced as immoral and sinful. We were punished as criminals and lawbreakers. We were labeled 'sick' and needing a 'cure.' We were mostly invisible as gay, which made it hard for gay men and lesbians to develop good social lives and to create a movement to battle injustice and prejudice." That's the late pioneer gay activist Barbara Gittings.

And now? Although we have not yet achieved social, legal, and political equality, there are ample grounds for feeling pleased, proud even, about the progress we have made.

In the 1950s barely a handful of gays and lesbians were out of the closet. Most were closeted not out of shame, I suspect, but because of a very real fear of discrimination and hostility and that people would automatically think less of them if they were known to be gay. Now there are millions of gays and lesbians, perhaps including you, who are confidently open about their orientation and think that if other people disapprove of homosexuality, so much the worse for them: they are simply ignorant. What a remarkable change!

Today many young people have the same fears that all gays did fifty years ago. But now we have created resources--books, websites, gay clubs in schools and colleges--that they can access to help them through those fears as a phase and not a life-long condition.

Partly because more people have gotten to know us personally, we have moved public opinion from almost universal disapproval of homosexuals to a kind of split decision. A 2004 Pew Center survey found that 49 percent of the public said homosexuality should be accepted by society, while only 44 percent said it should be discouraged. And the momentum is on our side as each generation expresses more gay-positive attitudes than the one preceding it.

In most cities we have formed numerous community groups to help promote gay economic, cultural, and political progress and to help other gay people with their quality of life--old gays, young gays, deaf gays, people with AIDS, parents of gays, etc. Large numbers of gay and lesbian volunteers help these organizations function effectively. Fifty years ago there was--nothing.

A friend remarked the other day that every time he passes by Chicago's new gay community center he sees people going in and out whom he has never seen before. It made him realize, he said, how many more people are actively involved in gay community programs than he had thought.

These are volunteers who could be doing something else with their time but who obviously find it rewarding, even self-actualizing, to contribute to the community. No doubt it is also an important way publicly to affirm the value of their identity by involving it in a contribution to society.

Fifty years ago, some employers fired gays and lesbians. By contrast, we are now an identifiable and quantifiably large market. That has helped persuade numerous companies to adopt non-discrimination and partner benefits programs for their gay employees. More than most social and political activists admit, economic behavior is the fundamental social force in society. Economic change brings other change in its wake, sometimes kicking and screaming but ineluctably. Businesses that want to maximize their income need to maximize our patronage.

The social and economic progress we have made in the last 50 years has been partly obscured because it has not been fully reflected in the political realm. But beneath the notice of hostile presidents and congresses we have won increasing social acceptance. The election of more supportive national officials from either party should help political progress catch up with our social and economic progress.

Finally, keep in mind that what the first gay activists undertook was a moral revolution. Fifty years ago, few prominent people challenged the idea that homosexuality was morally wrong or "sinful." It must feel very odd for recent Catholic popes to see within their lifetimes the rise of a mass movement of people who utterly reject 2000 years of tradition on a fundamental moral issue like homosexuality and say, in effect, "I reject what you preach. I'm moral; you're not." Popes hate that!

The Way We Were (and Weren’t)

Washington Post columnist Tom Shales takes a look at cable station TCM's "Screened Out: Gay Images in Film," a Gay Pride Month series featuring major or minor gay characters that starts Monday night. There's more on the TCM website.

More. Much discussion on TCM of Hollywood's reliance on stereotypes of "nervous nellies" and other sissified representations. Actually, it doesn't seem like so much has changed in that regard in Hollywoodland, except that the excessively flamboyant "funny gays" are now counterbalanced somewhat by average gay Joes (the "Will & Grace" stratagem).

The Long Path to ‘Loving’

Another Washington Post column looks back at the U.S. Supreme Court's 1967 Loving vs. Virginia ruling, striking down state bans on interracial marriage. Law prof. Kermit Roosevelt, noting that the equal protection clause was ratified in 1868, asks why voiding these laws took so long:

Interracial marriage bans now seem obviously invidious. But go back far enough and the consensus flips. At one point, most everyone thought such bans were legitimate. The same is true of segregated schooling and discrimination against women. It is true of just about everything the Supreme Court has held that the equal protection clause prohibits.

At one point, all of these practices were seen as legitimate reflections of the world, not as invidious attempts to impose inequality. When the court held these practices unconstitutional, it was neither enforcing a rule that had existed since 1868 nor creating a new rule. It was recognizing that social attitudes had shifted, and with them the understanding about what is reasonable and what is invidious.

He adds:

This point connects Loving to current social struggles, most notably the debate over same-sex marriage. Opponents decry the "activist judges" in Massachusetts who struck down that state's same-sex marriage ban and warn that the Supreme Court will someday follow. So it may-but, if it does, responsibility will not lie primarily with judges.

In other words, when the battle has been won in the court of public opinion (and most state legislatures), the Supreme Court may be free to sweep away the last remaining areas of intransigence. But pursuing marriage equality through a judicial strategy while a majority in most states are strongly opposed is a recipe for reaction, including state (or a federal) constitutional amendments blocking same-sex marriage for yet another generation.