Dis-Harmony

A California woman is suing the online dating service eHarmony, alleging it discriminates against gays, lesbians and bisexuals. The company claims its research was developed to match opposite-sex couples and that matching same-sex couples is "not a service we offer now based upon the research we have conducted."

Reason magazine's "Hit & Run" blog points out that this explanation may be dubious, since it has been widely reported that eHarmony's founder is an evangelical Christian who once had close ties to James Dobson's Focus on the Family. Still, blogger Katherine Mangu-Ward takes note of:

a rival site launched Friday catering exclusively to gay men. (It's called myPartnerPerfect.com, and offers its males-only service for just $37.95 a month, or $204 for a year).

Is eHarmony's exclusion of same-sex couples discriminatory, and if so isn't myParnterPerfect.com also guilty? Or do anti-discrimination cases of this sort go far astray from challenging egregious exclusion and end up engaging in tort for tort sake (a view expressed over at overlawyered.com) and serve mostly as a means to take umbrage over an evangelical-tinged group that doesn't want to invite us to their party?

Welcome, Baby Cheney

The day after Jerry Falwell's funeral, Mary Cheney-who is a LESBIAN, in case you've forgotten the Bush-Kerry debates-gave birth to a baby boy.

If I were the world's scriptwriter, I would have reversed the order: Cheney gives birth, then Falwell keels over. No matter: just as nature abhors a vacuum, so does right-wing foolishness. With Falwell gone, someone else will step up to blame the world's problems on Tinky Winky, environmentalists, and lesbian moms.

For the record, my condolences go out to the Falwell family. That the man said profoundly stupid things about gays and lesbians (among other subjects) does not alter the fact that he was also a husband, father, and friend.

If only Falwell and his followers could muster up similar empathy. Whatever one might think about lesbian parenting, Mary Cheney is a mother, and Samuel David Cheney is her son. None of this will stop the so-called "family values" crowd from accusing her of child abuse simply for bringing him into the world. It's a nasty accusation, and it needs to be countered forcefully.

Vice President Cheney seems to understand this point. Some months ago, CNN's Wolf Blitzer asked him to comment on criticisms of Mary, and the vice president responded with harsh verbal smack-down. Blitzer didn't deserve it (don't shoot the messenger-or in this case, the interviewer). But it was hard not to admire Cheney's exceedingly effective "Don't fuck with my family" attitude, or to be grateful that for once his belligerence was (almost) well-aimed.

When gay or lesbian couples decide to have children, they obtain them one of two ways. First, they may adopt, thus giving a home to a child who has none. Parenting is an act of loving sacrifice, and those who adopt children ought to be applauded and supported. To treat them otherwise not only insults them, it also harms their children-not to mention other needy children who may be deprived loving homes because of misguided "family values." Shame on those who stand in their way.

The other way-the one used by Mary Cheney and Heather Poe-is pregnancy, either by insemination or implantation of an embryo. I do not wish to minimize the moral questions raised by reproductive technology. Most of these questions, however, are not unique to lesbian and gay parents, who constitute a minority of its users.

But aren't same-sex families "suboptimal" for children? The research says otherwise. So does every mainstream health organization that has commented on the issue: the American Academy of Pediatrics, the American Psychological Association, the American Academy of Child and Adolescent Psychology, the American Psychiatric Association, and so on.

Jerry Falwell's crowd would have us believe that these organizations have all been hijacked by the vast "Homosexual Agenda." Trust me: if we had such power, we wouldn't be having this debate.

Forget the research for a moment and consider the following: if Mary Cheney had not chosen to become pregnant-by whatever means she used-Samuel David Cheney would not exist. After all, he is a genetically unique individual, as pro-lifers frequently remind us. The practical alternative to Samuel's existing in this lesbian household is his not existing at all, and it is hard to argue that he'd be better off that way. So the claim that they harm him, simply by bringing him into this situation, rings hollow.

Metaphysical subtleties aside, the fact is that Mary and Heather will provide this child with a loving home, not to mention many material advantages. The more people see that, the more ridiculous charges of "child abuse" sound.

And that last point gives me great cause for optimism. When I came out of the closet nearly twenty years ago, myths about gay and lesbian people abounded: we were sick, we were predators, we were miserable, we were amoral. Such myths still exist, of course, but they are far more difficult to float (and thus, far less common). The main reason is that we are much more visible now, and so people know firsthand that the myths simply aren't true.

While many people know openly gay or lesbian people, relatively fewer know gay or lesbian parents. That's changing, and as it does, so too will the ability of the right wing to float nasty myths about them. Their influence will wane in the face of simple evidence.

Samuel David Cheney begins his life in an America with fewer Jerry Falwells and more Mel Whites; fewer Pat Buchanans and more Andrew Sullivans; fewer Dr. Lauras and more Ellens. Good for him (and the rest of us).

Pulse of the Nation

A new Gallup poll shows that support for gay marriage is moving closer to 50%, but more people than not still think we're immoral.

The generational divide is clearly in our favor, however: 75% of 18-to-34-year-olds think that homosexuality is "an acceptable alternative lifestyle" vs. only 45% of those 55 and older.

But much more work remains to be done among churchgoers: Of those who attend church weekly, only 33% consider homosexuality to be acceptable vs. 74% of those who rarely or never attend services. Note to ACT-UP style activists: chanting "Bigot, bigot go away" isn't going to change that number. Supporting Soulforce, and those working for change within their own denominations, might.

Baby Cheney

North Dallas Thirty provides this roundup of much vileness from the anti-Bush left about Mary Cheney and Heather Poe's new arrival, mainly from comments on lefty blogs (rather than by the bloggers themselves).

Colorado Patriot makes the point that:

if the Gay Left were as dedicated to forwarding the message that gay and lesbian parents are just as loving and deserving of rights because they're just like any other family, they'd be praising the birth and looking for fans of the Vice President and his family to follow his loving example.

But that would be way too constructive and deviate unacceptably from the one true correct party line.

On the other hand, criticism of the exclusion of Mary and Heather from the widely disseminated grandparents + new baby grandson photo seems to be a valid point.

The Un-Conservative Effects of Opposing Gay Marriage

Conservative opposition to gay marriage is having unconservative effects, helping to push the boundaries of family law into new territory that challenges the primacy of marriage itself. By opposing gay marriage, conservatives are forcing gay families to seek refuge through untraditional means that could undermine marriage or destabilize family concepts in ways that gay marriage itself would not.

Here are four examples:

Second-parent adoptions. When married couples adopt, both become the legal parents of the child. Traditionally, however, only one member of an unmarried couple could adopt a child. Among other things, this rule has encouraged the couple to get married because it would provide the child with two parents.

Gay couples, who can't marry, must find other ways to protect their children. Starting in the early 1980s, the National Center for Lesbian Rights pioneered the concept of "second-parent" adoptions by which two unmarried people could both be a child's legal parents. Over time, the concept has been embraced by courts or by statute in about half the states.

Here's the kicker. Second-parent adoptions have also become available to unmarried heterosexual couples. Thus, a legal reform intended to compensate for the unavailability of same-sex marriage has been seized by those who can marry but choose not to. It reduces the incentive to marry and means more children will be raised out-of-wedlock.

Triple parenting. Another unconservative consequence of the ban on gay marriage is illustrated by a recent case in Pennsylvania. The case involved a lesbian couple who enlisted a male friend to act as a sperm donor, resulting in the births of two children to one of the women. When the lesbian couple split, the state courts decided that the women should share custody and that the sperm donor should be allowed monthly visits and be ordered to pay child support. Thus, the children would in effect have three parents shuttling them back and forth among three different homes.

Marriage exists in part to clarify legal responsibility for children. If gay couples could marry, as straight couples using sperm donors or surrogate mothers can, they would be more likely to seek exclusive parental rights at the outset (as married straight couples do) because they could adopt as a couple and because of the additional security marriage would give their relationship and their children. Sperm donors and surrogate mothers, for their part, would be more likely to surrender any parental rights since they would be reassured the child would live in a two-parent family fully protected in the law.

Triple-parenting arrangements don't lead to polygamy, as some conservatives claim. Lesbian mothers aren't usually keen on marrying sperm donors, after all. But these arrangements do undermine the traditional idea that, when it comes to children, two are parents and more is a crowd.

While gay marriage alone won't eliminate the many scenarios in which multiple adults vie for children, just as marriage hasn't eliminated them for straight couples, it would make them somewhat rarer. The absence of gay marriage is opening the door wider to the very trends conservatives believe are destabilizing to families.

Parental visitation. In Minnesota, the state supreme court recently upheld an order allowing a woman parent-like visitation with the two adopted children she raised with her lesbian partner of 22 years. Because the women weren't married, only one of them formally adopted the kids. When they split, the legal parent barred her ex from seeing them. If they'd been married, both parents would have been entitled to see the children.

The non-parent sued to get some access to the children based on a Minnesota statute allowing a person "reasonable" visitation if the person lived with the children at least two years. The court ordered that the non-parent be given the right to visit the children on a schedule exactly like what a divorced parent would get (weekends, alternate holidays, long summer vacations) - all without having to pay child support.

The Minnesota decision was correct under state law and was perfectly justified given that the lesbian couple could not marry and that both women raised the children. But it does set a precedent by which an unmarried heterosexual partner could likewise claim full parental visitation rights without accompanying support obligations. Another incentive to marry is eroded.

Adult-adult adoptions. Adoption means the two people - the parent and the child - are not strangers in the eyes of the law. It makes them kin.

Not all states set age restrictions on adoptions, so in theory an adult could adopt another adult as his "child." Barred from marriage, that is exactly what some gay couples have done. One partner adopts the other, giving the two adults some degree of the legal protection marriage would have given - like the rights to visit each other in the hospital, to inherit property without taxation, and so on. This is a perversion of traditional adoption law, to say the least, made attractive only because the partners can't marry.

Gay families are of course just one part of much larger developments changing family life in the U.S. Those living outside marriage - gay or straight - will understandably find creative ways to protect their loved ones. Left-leaning reformers would regard many or all of these innovations as good; in fact, they are championing them. Conservatives eye them suspiciously because they bring with them the potential to undermine marriage and traditional parental forms and presumptions. Gay marriage would relieve some of the pressure to concoct alternatives.

Think of it this way: Gay families are a rising river stretching across the country. Conservative opposition to gay marriage is a dam blocking the way. Impeded in its natural course, the river does not dry up; its flow is simply deflected into a hundred rivulets and low pastures.

Many conservatives may conclude in the end that the collateral damage being done to stability and tradition is worth it to keep gay couples from marrying. But before family policy is further inundated, they should at least weigh the unconservative consequences.

Bravely Defending Some Speech

Once, the American Civil Liberties Union was so committed to free speech that it defended the rights of neo-Nazis to march through a Jewish neighborhood. No more. As civil libertarian Wendy Kaminer argues in this op-ed, the ACLU has sharply backed away from the defense of speech that liberals don't like. Excerpt:

One of the clearest indications of a retreat from defending all speech regardless of content is the ACLU's virtual silence in Harper v. Poway, an important federal case involving a high-school student's right to wear a T-shirt condemning homosexuality.... The ACLU pays particular attention to the right to wear T-shirts with pro-gay messages in school, proudly citing cases in which it represented students wearing pro-gay (as well as anti-Bush) T-shirts."

The ACLU has a right to be a liberal-speech defense group, but it shouldn't claim to be (and raise money on the pretense of being) broad-based opponents of state censorship.

Of course, the broader issue in the above case here is government schools; at a nongovernment school, there's little doubt that administrators could follow parental wishes on limiting minors/students from wearing political messages in the classroom.

More. Remember when we were told that hate crimes laws apply to actions, not speech? Tell it to the Chicago teen in jail for distributing anti-gay fliers. And no, this kind of judicial over-reaction is not "good for gays," even those who misguidedly think the state should have total power to eliminate "hateful messages."

Eugene Volokh explains why this prosecution "strikes me as a very serious First Amendment problem."

Mainstream Too “Ho Hum”?

With more of us each day living our lives openly within our communities and marriage on the horizon, what are some progressive "queer" activists worried about? Losing their "outcast culture," as recounted in this broadcast NPR story.

According to reporter Tovia Smith, it pains some to see gays want to marry or join the military instead of "challenging the underlying premises of those organizations." It's "selling out." Smith characterizes this as "Angst over the end of the edginess, excitement and radical chic that has made gay culture distinct."

But what other minority gets asked by the liberal media, to paraphrase, now that you're not oppressed, aren't you worried that you'll no longer be fabulous? Fortunately, for balance, our own Jonathan Rauch tells Smith that being fabulous is not what most gay people worry about on most days.

Nostalgia for the glories of marginalization aside, denunciations of gay ordinariness are mostly about politics, specifically the left's attempt to corner the market on gay authenticity.

More. A Washington Post column contrasts marriage vs. "community":

Sarkisian and Gerstel believe that de-romanticizing marriage might provide a caution to gays and lesbians who seek equal rights to marriage as heterosexuals. "Gays and lesbians," they wrote, "once noted for their vibrant culture and community life, may find themselves behind picket fences with fewer friends dropping by."

Being Christian

We were having Margaritas, and my friend Luke paused in the middle of a tirade against evangelicals.

"Oh, wait," he said. "Um, are you religious?"

I hate this question.

Because "Are you religious?" implies a yes-or-no answer: yes, you're religious; no, you're not.

I'm not comfortable in either category, so I'm never sure what to say. Do I give them the long answer? Or do I mutter "No," which is shorthand for "I'm not evangelical or born again," which means: "I'm not the kind of Christian you're worried about."

I don't even know, honestly, about calling myself Christian. I go to church, but I think a lot of my brothers and sisters in the pews would likely be suspicious of my suspicions about dogma.

On the one hand, I went to seminary for a short time and take Christianity very seriously. On the other, I wrestle with the fundamental tenets that make Christianity what it is and not something else: the resurrection of the body; the idea that one Middle Eastern man saves every one from sin and he himself is God; the virginity of Mary; a personal God who keeps his ear open to each of our problems.

Back in the early days of Christianity, all of these things were up for grabs. I would have been comfortable being Christian then (well, philosophically comfortable. That whole martyrdom thing is another story).

Yet there is another side of Christianity. The idea that God is love. The conviction that one should practice radical compassion. The very challenging notion that we should treat others the way we would like to be treated. The sentiment that individuality should never rise above working for and with the group.

This is very difficult stuff. But this is what connects me to the belief system that is Christianity. Because Buddhism, though a completely different religion on a dogmatic level, has some similar underlying beliefs, I tell people I am Christian-Buddhist, so I don't scare them away.

I first started doing this about a dozen years ago, when I was visiting New Orleans. I still wore a cross then, so often that I would forget that it rested against my collarbone. I was being hosted by a friend, but when she took me to the lesbian bar in town, I noticed that her friends were shooting me odd looks.

"What is it?" I asked my friend finally.

She shifted feet. "They think you're here to convert them," she said. "That you're not really a lesbian."

I put the cross in my pocket.

In the minds of this pack of lesbians, Christianity equaled gay hate. In the mind of my friend Luke, who is straight, Christianity equals a shutting down of conversation.

I hate the evangelicals for that.

This, of course, is very un-Christian of me. But the Religious Right has taken something beautiful and tough and twisted it into something ugly and easy.

The most vocal segment of the Christian church at the moment has two heads: the Pope, who takes every chance he gets to try to kick out of the Catholic Church anyone who disagrees with him so as to ensure it's "purity"; and evangelical Christianity, led by people like the late Jerry Falwell, who looked on the Civil Rights movement with disdain, called Bishop Desmond Tutu a fraud, and said that 9/11 was caused by "the pagans, and the abortionists, and the feminists, and the gays and the lesbians."

As Luke pointed out, instead of approaching ideas that are new to them with compassion and curiosity, these figureheads of the Right instead try to kick these ideas-and people-out of the way by declaring that God doesn't like it.

As if God's likes and dislikes were as easy to discern as flavors of ice cream.

All of this means that my closet Christianity helps no one (well, except maybe my dating life). What the world needs is more diversity in Christianity, not less. Christians need to know that being Christian isn't an automatic Get Out of Jail Free card when it comes to intolerance; gays, lesbians and others on the left need to know that "Christian" doesn't equal "enemy."

So Luke asked me if I were religious.

"Yeah," I said. "I am." And I gave him the long answer.

LGBT-itis

How many times can you find the complete phrase "lesbian, gay, bisexual and transgender" in this short mission statement? Even worthy activism is made to sound like merely a politically correct exercise by this sort of ritualism.

Worse, the LGBT mantra assumes that important issues of identity and strategy have been resolved in favor of some mythic "LGBT community." This side steps a number of still highly debatable matters, such as whether bisexuals face discrimination only when they are perceived as gay-acting. And while transgendered individuals certainly endure prejudice and oppression, the issues confronted by those who range from heterosexual cross-dressers to post-op folks now legally the opposite gender of their birth (and thus who, for instance, can gender-appropriately marry) may be so different from the issues that confront gay people that assuming LGBT singleness becomes stunningly inappropriate.

But if you listen to mainstream LGBT organizational voices, those questions are settled and the matter closed.

Dark Legacy

Hans Johnson and William Eskridge look at The Legacy of Falwell's Bully Pulpit:

Gay advocates, gradually realizing that they could not beat him through vehemence alone, learned to seek out religious spokespeople, cultivate multiracial alliances and trade diatribe for discipline so as to use Falwell's polarizing statements to gain moderate supporters.

Hmm. Seems to me there is still far more diatribe than discipline among many gay activists, and Soulforce aside, too little reaching out to religious folks (or, for that matter, people of color) who aren't also lefties. Still, as Johnson and Eskridge correctly observe:

By speaking about gay people as outsiders, and even as disease-bearing strangers, he forced many Christians to look honestly at their congregations and reexamine the premise of their faith. By casting gays as threats to the survival of families, he forced parents, siblings and relatives of all kinds to reassess what values bind them together and how they care for one another.

And, from Ann Coulter, just what you'd expect.