Embraced by Mickey, and the Profit Motive

Perhaps as important (some would argue more so) then the legislative advancement of government-recognized spousal relationships (and accompanying government-provided benefits) are changes in the cultural sphere. And one undeniable signpost that's now been passed is this one, as reported by Reuters: Disney opens 'fairytale weddings' to gay couples:

The Walt Disney Co. has changed its policy to allow same-sex couples to have "fairytale weddings" at its U.S. resorts. Disney previously allowed gay couples to organize their own weddings or commitment ceremonies at rented meeting rooms at the resorts, but had barred them from purchasing its fairytale wedding package and holding the event at locations at Disneyland and Walt Disney World that are set aside specifically for weddings....

The "lavish wedding" option also includes a ride to the ceremony in the Cinderella coach, costumed trumpeters heralding the couple's arrival, and attendance by Mickey and Minnie Mouse characters dressed in formal attire.

Disney has come under fire from religious conservatives, including the Southern Baptist Convention, who have accused the company of promoting a gay agenda.

Chalk up another victory for capitalism as a force that quite rightly rejects discrimination as a detriment to an expanding profit base! But it's no joke: the more that the major nongovernmental institutions of civil society recognize gay unions as equivalent to marriages, the harder it becomes, in the long-run, for government (which is, clearly, not swayed by the profit motive but is responsive to organized reactionary voting blocs) to maintain its discriminatory policies.

‘Spousal Unions’ Advance in N.H.

The New Hampshire House has approved a bill recognizing "spousal unions" for same-sex couples. If the measure becomes law, the Granite State would be the sixth to give gay couples state-recognized marital benefits and responsibilities, and the third to do so legislatively without a court decree forcing their hand.

IGF contributing author Dale Carpenter, blogging at The Volokh Conspiracy, ponders:

Some interesting questions to ask presidential candidates campaigning in New Hampshire and who've said they favor "civil unions," but not "marriage": Do you favor "spousal unions" for gay couples that give them all the rights and responsibilities of marriage but aren't called "marriages"?

And what if we take it the next step and called them "marital unions" but not "marriage"? This will test just what it is people think is at stake in the use of language to describe gay families.

Here's the AP on Where states stand on same-sex marriage.

Carpenter vs. Blankenhorn.

Don't miss IGF contributor Dale Carpenter's critique of David Blankenhorn, over at the indispensable Volokh.com. Says Dale:

Blankenhorn's book is unusually well-written. And intellectual guilt-by-association has an easy appeal that may make his argument that these bad things all "go together" an anti-gay marriage mantra in the future. Like [Stanley] Kurtz's superficially frightening correlations, now largely ignored on both sides of the debate, Blankenhorn's argument has to be carefully unpacked to show how unsatisfying it is.

Dale's unpacking is masterly. And Blankenhorn's book, which I just finished, is the best piece of work that the anti-gay-marriage side has yet produced, containing much to admire despite its flaws. If nothing else, the Dale-David exchange shows how far the gay-marriage debate has come since the hysteria of only a few years ago.

Gay Rights or America-Bashing?

Most adults have figured out that everything is not about them. But some leading international LGBT rights activists based in the U.S. can hardly focus on our great, multifaceted global struggle without making it about their grievances against America. Take Paula Ettelbrick. Please.

Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission (IGLHRC), is quoted in the March 29 Bay Area Reporter justifying her silence on the U.S. State Department's Country Reports on Human Rights Practices for 2006 by saying, "Who is the U.S. to issue a report on every other government in the world on its human rights activities, especially in light of Guantanamo Bay and Abu Ghraib?"

If only the perfectly virtuous were fit to report on human rights practices, there would be no reporting. But since Ettelbrick gives the impression that the reports are simply an extension of President Bush, let's look at the State Department's description of those who did the work: "This information-gathering can be hazardous, and US Foreign Service Officers regularly go to great lengths, under trying and sometimes dangerous conditions, to investigate reports of human rights abuse, monitor elections, and come to the aid of individuals at risk...."

The work of hundreds of foreign service officers should not be reduced to a cardboard cutout of George W. Bush. My main impression from the LGBT- and HIV/AIDS-related excerpts is of the bravery and determination of LGBT people around the world in the face of often brutal repression-people who endure incredible suffering yet refuse to be victims. It is quite humbling. I see no need to interrupt it for a commercial denouncing America.

Scott Long, director of the LGBT Rights Program at Human Rights Watch (HRW), sent a culling from the State Department reports to activists around the world in early March, noting that "the usefulness of this will very much depend on how much or little credibility the US's own human rights record leaves its reporting in your own country or community." In a March 16 email to blogger Michael Petrelis, he wrote, "We are not going to web-post the compilation we have done without being in a position to perform a critique of its comprehensiveness and accuracy...." It is unclear why they can't simply post a disclaimer.

In a March 14 email, Long insisted "that we ... recognize the structures of power in which we are implicated...." On March 29 I accused him of post-colonial Western guilt. Long replied on March 30, "No, Rick, 'structures of power' are a fact ... and there are people who suffer and die because of them. I am sitting here in Geneva, as it happens, but surrounded by LGBT activists from the South-Argentina, Brazil, South Africa-and when I read this exchange aloud to them they alternate between anger and hilarity at the US's incomprehension of its actions and its reputation now in the world, not in some colonial past...."

Notice how glibly I am turned into a mere stand-in for the United States. Is this supposed to show how much more sophisticated people are in Geneva? If I thought things were fine in my country I would not have become an activist. My refusal to pander does not blind me to the faults of the Bush Administration; but why are only Westerners expected to recite their nations' sins?

The left loves to dwell on Western oppression without acknowledging Western reforms, which range from Britain's prohibition of the slave trade two centuries ago to the creation of global human rights structures. Treating the West as the root of all oppression infantilizes others in the world by denying their own responsibility, and gives comfort to despots like Robert Mugabe, who routinely deflects criticism with denunciations of Britain.

In his March 30 email, Long notes that the State Department's concern about homophobia in (say) Uganda means nothing to gay Ugandans when the U.S. simultaneously uses the President's Emergency Plan for AIDS Relief to fund "evangelical churches that promote that homophobia and create a climate of violence that has endangered quite a few lives." Fair point, but I didn't say that anyone should be grateful to America. I said that the State Department reports should be recognized as a tool-not the only tool, and not perfect, but valuable nonetheless.

Consider some context. In a March 23 speech before the UN Human Rights Council, Hillel Neuer of UN Watch said, "This Council has, after all, done something. It has enacted one resolution after another condemning one single state: Israel ... The entire rest of the world-millions upon millions of victims, in 191 countries-continue to go ignored." The Council president responded by condemning Neuer's remarks, despite having thanked many others for testimony filled with slanders.

Six decades after the birth of the Universal Declaration of Human Rights, the UN Human Rights Council repeatedly attacks one besieged democracy while refusing to scrutinize the likes of Iran, Cuba, Myanmar and North Korea. One-sided guilt-mongering by Western leftists makes them complicit in this travesty and subordinates the global LGBT struggle to other disputes.

Petrelis blogged on March 8, "I grieve for my community and how it doesn't demand consistent quality gay advocacy on crucial global gay rights abuses from our paid advocates." The answer, as Petrelis has demonstrated, is twofold: more scrutiny and more independent organizing. This is your movement; don't be a silent partner.

David Blankenhorn’s Lazy Logic

Opposition to homosexuality has long been marked by bad science. In the past, that usually meant bad psychology or even bad physiology. Today, the more common problem is bad social science, usually involving cherry-picked data about alarming social trends followed by breathtaking leaps of logic connecting these trends to same-sex marriage.

David Blankenhorn positions himself as an exception. In his new book The Future of Marriage, and in a recent Weekly Standard article entitled "Defining Marriage Down…Is No Way to Save It," Blankenhorn makes the familiar argument that supporting same-sex marriage weakens marriage as a valuable social institution. But he claims to do so in way that avoids some of the simplistic analyses common in the debate, including those made by his conservative allies.

In particular, Blankenhorn criticizes Stanley Kurtz's argument that same-sex marriage in the Netherlands and Scandinavia has caused the erosion of traditional marriage there. Blankenhorn rightly recognizes Kurtz's causal claims to be unsupported: "Neither Kurtz nor anyone else can scientifically prove that allowing gay marriage causes the institution of marriage to get weaker," Blankenhorn writes. "Correlation does not imply causation." This is a refreshing concession.

But having made that concession, Blankenhorn proceeds as if it makes no difference: "Scholars and commentators have expended much effort trying in vain to wring proof of causation from the data, all the while ignoring the meaning of some simple correlations that the numbers do indubitably show." But what can these correlations mean, if not that same-sex marriage is causally responsible for the alleged problems? What do the numbers "indubitably show"? Blankenhorn's answer provides a textbook example of a circular argument:

Certain trends in values and attitudes tend to cluster with each other and with certain trends in behavior…The legal endorsement of gay marriage occurs where the belief prevails that marriage itself should be redefined as a private personal relationship. And all of these marriage-weakening attitudes and behaviors are linked. Around the world, the surveys show, these things go together.

In other words, what the correlations show is that these things are correlated. Not very helpful.

From there, Blankenhorn argues that if things "go together," opposition to one is good reason for opposition to all. He attempts to illustrate by analogy:

"Find some teenagers who smoke, and you can confidently predict that they are more likely to drink than their nonsmoking peers. Why? Because teen smoking and drinking tend to hang together." So if you oppose teenage drinking, you ought to oppose teenage smoking, because of the correlation between the two. In a similar way, if you oppose nonmarital cohabitation, single-parent parenting, or other "marriage-weakening behaviors," you ought to oppose same-sex marriage, since they, too, "tend to hang together."

This is breathtakingly bad logic. The analogy sounds initially plausible because teen drinking and teen smoking are both bad things. But the things that correlate with bad things are not necessarily bad. Find some teenagers who have tried cocaine, and you can confidently predict that they are more likely to have gone to top-notch public schools than their non-cocaine-using peers. It's not because superior education causes cocaine use. It's because cocaine is an expensive drug, and expensive drugs tend to show up in affluent communities, which tend to have better public schools than their poor counterparts. Yet it would be ridiculous to conclude that, if you oppose teen cocaine use, you ought to oppose top-notch public education.

The whole point of noting that "correlation does not equal cause" is to acknowledge that things that "tend to hang together" are not necessarily mutually reinforcing. They are sometimes both the result of third-party causes, and even more often the result of a complex web of causes that we haven't quite figured out yet. In any case, when babies correlate with dirty bathwater, we don't take that as a reason for throwing out babies.

Which brings me to another significant flaw in Blankenhorn's analysis. Even if we grant that support for same-sex marriage correlates with negative factors such as higher divorce rates, it also seems to correlate with positive factors such as higher education, greater support for religious freedom, and greater respect for women's rights. On Blankenhorn's logic, we ought to oppose those things as well, since they "tend to hang together" with the negative trends.

I don't often find myself agreeing with Stanley Kurtz. But at least he seems to understand that, without the causal connections, the "negative marriage trends" argument gets no traction.

Larry Kramer’s Jeremiad

It's getting to be a tradition. Like some ancient Hebrew prophet, Larry Kramer descends from Mt. Sinai, or maybe just Mt. Kramer, and ascends a podium in the harsh, barren deserts of New York City to deliver his latest denunciations and warnings to a world awaiting them with decreasingly bated breath.

These presentations are generally attended by a public of younger gays and characterized by substantial exaggerations of fact, hyperbolic rhetoric, and a certain amount of vulgarity--all of which are apparently how Kramer thinks you communicate with fellow gays. Think of it as performance art.

The burden of Kramer's latest speech was that everybody hates us: politicians, judges, the U.S. government, "they," "them," "America"--they all hate us. "We are still facing the same danger, our extermination, and from the same entity, our own country." Even our so-called friends are not willing to fight for us, he says.

Kramer's view is that the best, the only, response to all this is a newly formulated, hierarchical organized ACT-UP: an Army Corps to Unleash Power.

Kramer points to genuine injustices and the malign neglect of many gay concerns: equal treatment of gay relationships, the ban on immigration of foreign partners, anti-gay violence, the murder of gays abroad. But the gay press writes about these things regularly and the national and state gay organizations work on those as well as other issues such as military access and gay adoption. Kramer is unjust to say that "our movement has confined its feeble demands to marriage." Nor does he acknowledge that marriage would solve some of the problems he lists--e.g., tax equality and partner immigration.

In addition, there are conceptual problems with Kramer's new solution. When ACT-UP was created it had:

• A specific set of goals--the development of effective treatments for AIDS, faster drug trials and access to those drugs and research for a cure.

• A specific set of targets: the National Institutes of Health, the Food and Drug Administration, pharmaceutical firms, and Presidents Reagan and Bush and their administrations.

• An intensely involved constituency of HIV-infected gay men who knew that their lives literally depended on their activism.

But in Kramer's proposed new organization and its vastly expanded agenda, who specifically are the targets, what are the specific goals and where is the intensely concerned constituency? A "Lo here, Lo there" approach to a wide array of gay issues seems at risk of a quick diffusion of focus, exhaustion of energy and rapid demise.

Kramer focuses on politicians. "Much of what I am calling for involves laws, changing them, getting them," he says. And he proposes an omnibus gay rights bill and "hold(ing) every politician's feet to this fire until he or she supports it." Great. How do we do that? By demonstrations? Can you produce personnel regularly? And sometimes demonstrations can be counter-productive by antagonizing politicians and public opinion. Then with votes? But Kramer says "There is not one single candidate running for public office anywhere that deserves our support."

And Kramer forgets that politicians are elected by "the people" so politicians are not going to change until they sense a change in popular sentiment regarding gays. So persuading the American public about gay moral equality has to be a vital part of the project. But how do you do that, especially if the people are our enemy, and if, as Kramer says, "They hate us and want us dead"? Kramer even seems to scorn "our own country's 'democratic process.'"

In short, Kramer's speech does not seem to cohere. Some parts conflict with other parts or depend on supports that Kramer has already yanked away.

Nor does Kramer seem to have thought through what is involved in changing Americans' minds about gays and lesbians so they will stop "hating" us. He seems to want to threaten and bully people into respecting and fearing gays as he claims the original ACT-UP did to drug companies and government agencies. But that probably won't work with a whole nation.

And as always Kramer simply ignores the obvious political progress gays have made in the last 20 years. He exaggerates the number of our opponents, distorts the extent of their power and intensity of their hostility and exaggerates the extent and likelihood of looming homophobia. He airily dismisses the existence of genuine friends and supporters. And he repeatedly distorts facts to support his claims--a column topic in itself. Not a way to build credibilty for a new movement.

Putting Children First

As reported in DC's The Examiner, Washington leads the nation in the percentage of adoptions by gay parents:

Nearly a third of adopted children in the District of Columbia live with gay or lesbian parents, according to a new study, for a higher percentage than any of the 50 states.... Of the District's 2,649 adopted youth, 758, or 28.6 percent, live in same-sex households, the study found....

The report, a combined effort of the D.C.-based Urban Institute and the Williams Institute UCLA School of Law, found gay and lesbian parents are raising 4 percent of all adopted children in the country. Roughly 100,000 foster children await adoption, the study reported, and 2 million members of the gay and lesbian population are interested in becoming adoptive parents.

Yet religious reactionaries and their political allies want to outlaw adoptions by same-sex couples and would especially like Congress to bar the practice in its semi-fiefdom, the nation's capital. That this would deprive hundreds of children of their parents is, to them, less important than upholding the hallowed ideal of hetero supremacy.

If Only…

This April Fool's parody hits the nail on the head because you read and and think, if only. Would that the Human Rights Campaign, the nation's largest and richest lesbigay(&trans) lobby, had the sense to take such a logical step. But these partisan poobahs seem far less interested in advancing gay equality through broad political outreach then they are in being good party players, getting pats on the back from the liberal Democratic elite who rule their social circles. Alas, like the man who tried to walk using just his left leg, they've spent the last decade doing little more than spinning around in circles, moronically chirping "George W. Bush, You're Fired!" while dreaming of appointments as midlevel outreach apparachiks in the hoped-for Clinton restoration.

More. Andrew Sullivan isn't letting up his critique. Good for him.

And for those who wonder what a bipartisan approach to gay equality might look like, the Gill Action Fund here gives an indication. (There's more about them here.)

About-Face on Don’t Ask, Don’t Tell

Two news items in a single week in March together shed some interesting light on the current state of "Don't Ask, Don't Tell."

First, the Chairman of the Joint Chiefs of Staff, Marine Gen. Peter Pace, was asked by newspaper reporters to explain why he supports DADT. According to the Chicago Tribune, Pace defended the policy thus:

"I believe homosexual acts between two individuals are immoral and that we should not condone immoral acts," Pace said. "I do not believe the United States is well served by a policy that says it is OK to be immoral in any way."

"As an individual," he continued, "I would not want [acceptance of gay behavior] to be our policy, just like I would not want it to be our policy that if we were to find out that so-and-so was sleeping with somebody else's wife, that we would just look the other way, which we do not. We prosecute that kind of immoral behavior," Pace said, apparently referring to the military's own constitutionally questionable ban on sodomy.

The comments generated lots of criticism, including from conservative Sen. John Warner (R-Va.), a former Secretary of the Navy, who said, "I respectfully but strongly disagree with the chairman's view that homosexuality is immoral." Pace himself later clarified that he was expressing only his "personal" views.

A significant and growing minority of Americans disagrees with Pace that homosexual acts are immoral.

Even if one thought homosexual acts were immoral, however, it doesn't necessarily follow that gays should be disqualified from service. Lots of people do immoral things -- lie, cheat, steal, commit adultery, commit crimes, take the Lord's name in vain, are gluttonous and lustful, worship idols -- but are not automatically disqualified from service on that account. In fact, whatever they think of the morality of homosexual sex, most Americans tell pollsters that they think gays should be able to serve.

Further, Pace's view that allowing gays to serve openly would send a grand cultural message that we condone immorality is very questionable and oddly reductionist. We don't send a message that lying is acceptable by allowing liars to serve.

And the predominant message of allowing gays to serve openly would not seem to be that we condone immorality but that we believe it is good and moral to serve in the military, especially in its hour of need. Why does Pace think that everything a gay person does is mainly about sex rather than, say, honorably serving one's country, as thousands have done in the wars in Iraq and Afghanistan?

All that aside, Pace did us a service by frankly expressing his own moral perspective in defense of the policy. A great many people, in and out of the military, share his idealistic moral view and would have answered in just the way he did. Though Pace and others would no doubt advance other reasons for excluding gays from service, it's revealing that the moral objections came first. They seem to have been the main reason for the policy from the start.

To see why Pace's honesty is so valuable, consider a second DADT news item the very same week. Discharges for homosexuality dropped again in 2006, down to 612 from 1,227 in 2001. Since the advent of the post 9/11 phase of the war on terror, when the country most needs the skills and bodies of its citizens on the front lines, expulsions for homosexuality have dropped by 50 percent.

The common and practical concerns about service by gay personnel expressed when President Clinton proposed lifting the ban in 1993 -- that there would be problems of unit cohesion and morale, damage to enlistment and retention rates, invasion of soldiers' privacy -- have been subordinated to the intense need for the service of these people we've trained and invested in.

When unit cohesion and morale are most important, in time of war, homosexuality is comparatively unimportant. Similarly, the experience of other nations' militaries is that a few open homosexuals are not disruptive and that their service is more valuable than whatever small amount of unease it might cause a few straight soldiers.

Putting these two events together -- the morality concerns expressed by Gen. Pace and the practical decline in DADT enforcement -- yields an insight about how the respective views on the policy have flipped since 1993.

Back then, advocates of gay military service were scolded that the military is an intensely practical venture whose mission is to deter and fight wars -- not a forum for advancing social causes (e.g., the egalitarian claims of homosexuals).

Now advocates of gay military service argue with considerable and growing empirical support that the military is an intensely practical venture whose mission to deter and fight wars is aided by allowing gays to serve without fear of reprisal and expulsion -- not a forum for advancing social causes (e.g., the idea that homosexuality is immoral).

Under DADT, some 10,000 military personnel -- including many with critical skills in which there's a shortage, like Arab linguists -- have been expelled from service solely because it's learned they're gay.

It is now opponents of gay military service who are left to advance a form of idealism that is disconnected from, and unsupported by, considerations of actual military need. Unpersuasive in abstraction, opponents of DADT have increasingly shifted to the practical; shorn of a practical foundation, supporters of DADT must increasingly shift to the abstract.

Conservatism at the Cross Roads.

Writing in The Politico, a Washington paper, Peter Berkowitz of George Mason University School of Law asks:

Is conservatism, as led by a tax-cutting, crime-fighting, socially liberal big-city blue-state mayor, about to remake itself by reclaiming the center of American politics? Or is it about to collapse from the combined force of its internal contradictions...?

That, of course, is one of the big question posed by the Giuliani campaign.

Berkowitz continues, providing some political theory context:

Modern conservatism derives above all from Edmund Burke, the great 18th-century Anglo-Irish orator and statesman. Burke was a lover of liberty and tradition who saw a great threat to liberty in the tradition-overthrowing forces unleashed by the French Revolution. He was solicitous of established ways but acutely aware that the preservation of liberty required "prudent innovation" in response to the constantly changing circumstances of political life....

[But] There is no settled recipe, and there are no fixed proportions, for determining the prudent innovations that balance liberty and tradition.

In a nutshell, then, the challenge is to increase liberty without falling prey to the left's siren call of "remaking society" by pursing utopian social engineering that leads, in fact, to nightmarish dystopias.

Berkowitz concludes: "The competition and conflict that is developing among the leading conservative candidates should prove invigorating, not only for conservatism in America but for the nation as a whole." We shall see if the Republican party is capable of supporting a conservatism that prudently expands the scope of individual liberty, or falls back on rigid defense of traditional social norms that exclude recognizing legal equality for gay people.