An Inevitably Political Pregnancy

We can all wish Vice Presidential daughter Mary Cheney well in her intention to have a baby. If people want to go to the trouble of producing and caring for helpless infants and the even greater trouble of rearing them to be thoughtful and responsible adults, they deserve our blessing.

First announced a few weeks ago, Cheney's pregnancy recently became news again following her appearance at a panel discussion at New York's Barnard College where for the first time she spoke briefly about and defended her intention to have a child.

According to The New York Times, addressing the largely female audience, Cheney said, "Every piece of remotely responsible research that has been done in the last 20 years has shown there is no difference between children raised by same-sex parents and children raised by opposite-sex parents. What matters is being raised in a stable, loving, environment."

Well said! And the world needs to hear that repeatedly from prominent people, although strict accuracy would note that almost all research has been conducted among female partners and that the research found some marginal differences between children raised by female and opposite-sex couples, some of them to the advantage of same-sex parents' children.

But there was a certain contrived naivet� in her claim that, "This is a baby ... It is not a political statement. It is not a prop to be used in a debate on either side of a political issue. It is my child." No doubt she did not and does not intend her pregnancy to be a political statement, but that does not mean it does not have political significance. It is simply foolish to pretend otherwise.

In our celebrity-driven culture, almost anything a prominent person does is fuel for public discussion. After all, her father is Vice President and Cheney herself has been deeply involved in partisan politics. She managed her father's 2004 vice presidential campaign and even subtitled her recent book, "A Daughter's Chronicle of Political Life."

Then too, Cheney can hardy have avoided noticing that parenting by same-sex couples is a controversial topic on the social and religious right. And suddenly here we are with a prominent real-life example of something that is usually discussed in the abstract. So naturally discussion--or rather, polemics--surrounding the issue focus on her as the most prominent example.

A prominent lesbian couple having and raising a child is inevitably a political statement. It asserts in the face of vigorous disagreement that a lesbian couple having a child is just fine.

Mary Cheney also erred in her assessment of a recent exchange between her father and a CNN interviewer. CNN's Wolf Blitzer asked Vice President Cheney what he thought of religious and social conservatives such as James Dobson who had criticized his daughter for having a baby.

Cheney refused to answer and told Blitzer that he was "over the line." What line would that be, one wonders, and in what way was Blitzer over it? A line separating public and private? Hardly that since Mary's lesbianism and pregnancy are part of the public record. A line barring discussion of parenting by same-sex partners? There is no such line.

Mary Cheney, always a dutiful daughter, expressed the same view when she said that Blitzer "was trying to get a rise out of my father." But Blitzer was in fact giving Cheney an opportunity to defend his daughter against scurrilous attacks.

Most fathers would jump at the opportunity to defend their children. But, of course, the Vice President, among the most political of men, did not want to criticize--or even disagree with--a prominent conservative who has supported the administration. So in a classic example of displaced aggression, Cheney lashed out at Blitzer rather than Dobson, pretending that he had asked an inappropriate question.

But why, one wonders could Cheney not have replied simply, "Dr. Dobson is welcome to his views," or "Lynne and I love our daughter and will love our new grandchild" or even--a little feisty here--"As a father it is personally very painful for me to hear people criticize my daughter."

And it sure would have shown more family values for him to have said, "Every piece of remotely responsible research that has been done in the last 20 years has shown there is no difference between children raised by same-sex parents and children raised by opposite-sex parents. What matters is being raised in a stable, loving, environment."

I suspect that children do benefit from living with any two parents who see the world through different lenses and have different ways of relating to it. So if Dobson were truly worried about optimal parenting he would focus his attention on single parenting rather than attacking gay and lesbian parents.

Homophobia or Humor?

This Super Bowl Snickers ad has unleashed a storm of criticism from activists. Examples: GLAAD, Matthew Shepard Foundation Condemn Anti-Gay SNICKERS Campaign and Human Rights Campaign Condemns Violent and Homophobic Marketing Campaign by Mars, Inc.).

But I've heard several accounts regarding gay guys gathered to watch the game who reacted to the ad with hoots of laughter, seeing it as lampooning homophobia rather than homosexuality. So, was Snickers stoking the fires of intolerance in order to foster sales, or are gay activists manufacturing controversy for PR and funds from their provoked donor base?

Or could the ad in and of itself be innocuous, even good-natured fun, but still allow those squeamish about homosex to feel validated?

More. Some of the negative responses were provoked by these "player reaction" spots (here and here), which ran on the Snickers website (they're gone from there now).

Comments Roy:

If you want to see something truly funny, read this thread on Free Republic. Some of them have been calling in complaining that the ad seems to endorse homosexuality. Mars, Inc. must be spinning.

Indeed!

Still more. IGF contributing author James Kirchick offers his take: "what do gay rights groups with tons of money on their hands spend their time doing? Fighting against anti-gay ballot initiatives? No, condemning supposedly homophobic television commercials."

Kirchick includes a link to gay Democratic activist/outer John Aravosis at AMERICAblog:

The Mars family, that produced the violently homophobic ads, is one of the top billionaire Republican activist families in the country.

See, it's all part of the great rightwing conspiracy!

And more still.. USA Today, which scored the spot highly at 9th in its ranking of Super Bowl ads, finds an activist who breaks ranks:

Cyd Zeigler, co-founder of Outsports.com, a website for gay sports enthusiasts, says he saw it at a Super Bowl party with 30 gay friends-and no one had a problem with it. "I simply wasn't offended by it," Zeigler says. "I just don't see how a couple of mechanics pulling out chest hair because they kissed is offensive."

Still, the paper reports that "marketing experts" advise, "They might want to develop some very positive program to show they're progressive and inclusive" or "run an apologetic national newspaper."

See 'em all. Chris Crain has posted on his blog all four versions of the ad (the one that ran and the three alternate endings once available on the Snickers webste), as well as the two "player reaction" clips. He comment, in response to HRC's offer to put Snickers in touch with "any number of GLBT Americans who have suffered hate crimes," that:

Well I, for one, am a gay American - how, exactly, can one person be G, L, B and T anyway? - who has suffered a hate crime, and I am more disturbed by the gross overreaction of these overly earnest gay rights groups.

A Win Could Be a Loss.

The Washington Post Magazine provides an extensive look at the Janet Jenkins vs. "ex-gay" former partner Lisa Miller custody battle over Miller's biological child, Isabella, born after the two women had entered into a civil union in Vermont (but never adopted by Jenkins).

Law-wise, thanks in part to Miller's legal missteps, Jenkins may have good standing to demand joint custody that would take Isabella from Virginia (where she now resides with Miller) to Vermont for extended visits. But as the Post reports:

that's only part of the larger battle. Janet's lawyers are pondering how to win a legal victory without losing in the court of public opinion. News footage of deputies wresting a sobbing Isabella from her biological mother to give to her former lesbian partner would set the cause of gay rights back just as surely as any loss in court....

Let's hope it doesn't come to that. If it does, it will be fair to ask whether Jenkins and her attorneys should be held responsible for the backlash that follows.

Unintended Consequences?

Over at Overlawyered.com, Walter Olson has a post on gay inns in the U.K that are concerned over a proposed British anti-bias law. It's an interesting question: If you can't discriminate on the basis of sexual orientation, including in your advertising messages, do gay-specific accommodations become illegal?

Back in the U.S., discrimination initiatives involving gays seem to have less to do with infringing on private employers (for good or ill), and more to do with allowing the federal and state governments themselves to discriminate by treating gays as unequal citizens. Last week, for example, the Michigan Court of Appeals ruled that the state's constitutional amendment banning same-sex marriage prevents public institutions from providing employees' same-sex partners with healthcare and other benefits.

During the campaign to pass the anti-marriage amendment, proponents assured voters it would not affect domestic partner benefits, then immediately upon passage spun round and claimed that for the state to grant DP benefits would unlawfully constitute recognition of "a union similar to marriage."

Of course, this isn't really an unintended consequence of the amendment, just a consequences hidden from the public through social conservative deceit.

More. As Overlawyered.com noted in March 2005:

a spokeswoman for Citizens for the Protection of Marriage, a group heavily backed by Michigan's seven Catholic dioceses, told the Detroit News "nothing that's on the books is going to change. We continue to confuse this issue by bringing in speculation." However, with the amendment now in effect, the state's attorney general-to cheers from most of the amendment's organized backers-has issued an advisory opinion stating that it does indeed prohibit the city of Kalamazoo from providing DP benefits to its employees after the expiration of their current union contract....

Don Herzog of Left2Right, who has assembled plenty of links on the story [see here and here], aptly labels the sequence of events "Bait and Switch."

On a related note: Wash. [State] Initiative Would Require Married Couples to Have Kids. It's a stunt, but I kind of like the idea as "agit-prop."

A Scorecard for the Democrats

Democrats are now in charge of Congress, having gotten there in part with the support of millions of dollars from national gay organizations and individuals and about 75 percent of gay voters. Gays are, indeed, perennially the third most loyal voting bloc for Democrats (behind blacks and Jews). Now, it's fair to ask, what are gay Americans going to get in return? How are we to gauge the progress made in the next two years? Below is a scorecard.

One way to evaluate congressional Democrats is to ask whether they'll be better on gay issues than Republicans were during their twelve years in power. Republicans weren't as bad as some gay activists predicted they would be. In fact, during the 12 years of Republican rule, Congress passed only one major piece of anti-gay legislation-the Defense of Marriage Act (DOMA). Of course, DOMA also had the support of many Democrats and was signed by President Clinton.

In fact, there were mildly positive developments during the Republican reign. AIDS funding remained largely intact. President Bush formally kept in place Clinton's executive order barring discrimination in federal employment; there was no attempt to repeal the order by legislation. The first hearings were held on the Employment Non-Discrimination Act (ENDA).

But it must be admitted that Republican congressional leaders tried to do more harm than they actually did, as by pushing for a federal constitutional amendment banning gay marriage. Republican congressional leaders also set a tone of hostility toward gay Americans, exemplified by the comments of former Sen. Rick Santorum (R-Penn.) warning that decriminalizing gay sex would lead to "man on dog."

The Democrats will be an improvement on this. The tone will be much better. We will hear pleasing and soothing words from congressional leaders for a change. The federal marriage amendment won't even get a vote for the next two years.

Is this enough? For some people it will be. Moreover, all manner of excuses will be made for any lack of action: why pass legislation the President will veto, other matters require more immediate attention, the Democrats can't afford to be seen as beholden to "special interests," it's more important to concentrate on electing a Democrat to the White House in 2008, and so on.

For those who expect more in exchange for gays' loyalty to the Democrats, here is a point system for grading them.

(1) Federal recognition of gay relationships (up to 50 points): Congress could vote to repeal DOMA (35 points). It could vote to give spousal benefits to the same-sex domestic partners of federal employees (15 points). At a minimum, Democratic leaders could hold hearings on these matters that will get the ball rolling toward eventual federal recognition of gay relationships (3 points).

(2) Gays in the military (up to 30 points): With strong Republican support, a Democratic Congress and Democratic president gave us "Don't Ask, Don't Tell" in 1993. The new Democratic Congress could make amends by voting to repeal the law, leaving to the president the power to decide whether to allow gays to serve (20 points). Or it could vote simply to ban discrimination against gays in the military (30 points). At a minimum, Democratic congressional leaders could hold hearings on anti-gay discrimination in the military (3 points).

(3) ENDA (up to 15 points): Seventeen states and the District of Columbia already prohibit employment discrimination against gays. A federal bill making this national policy has been pending in Congress in one form or another for more than three decades. The latest version being pressed by national gay groups would also ban discrimination against transgendered people, which complicates its chances of passage even with Democrats in control.

Congress could pass the legislation (with or without protection for transgenders) (15 points), though it might pass a weak bill with lots of broad exemptions for small businesses, religiously affiliated institutions, and the like (deduct one point for every 10 percent of gay employees not covered). At a minimum, congressional leaders could schedule another round of hearings (1 point).

(4) Hate crimes legislation (up to 5 points): There's no evidence hate crimes laws actually deter hate crimes. There's little evidence the states aren't already prosecuting anti-gay crimes. But a federal law would have some symbolic value. Congress could pass such a law (5 points). Yet a federal hate crimes law might be unconstitutional. Alternatively, Congress could pass a bill assisting local law enforcement with the investigation and prosecution of such crimes (up to 4 points). Hearings on this are of little value (1 point).

Cut this column out of this paper (print it out if you're reading online). Stow for two years. Come November 2008, before you vote, pull it out of your desk and total the Democrats' score. Here's how to evaluate the total:

  • 75-100 points: Never vote for another Republican.
  • 50-74 points: Democrats are worth our first-born children.
  • 30-49 points: Democrats are willing to fight for gay equality, at some political risk.
  • 10-29 points: Democrats will do the minimum necessary to mollify gays.
  • 0-9 points: Democrats know they can take gays for granted.

It's an inexact science, but a fun one! It may not be enough fun, however, to ease the pain of what I predict will be a very low score.

An Illuminating Debate.

IGF contributing author David Link has just completed a four-round debate about same-sex marriage at a new website called PublicSquare.net. One interesting argument came up in the final round, when he asked his opponent, Mary Jo Anderson, whether she actually believed homosexual people exist, and she said, candidly, that the answer was No. Comments link, this kind of thinking underlies much of the debate on the fringes of the other side, and

"it goes right to the heart of what kind of conversation such people are engaged in. They are not so much having a debate as an intervention, doing their very best to convince those of us who are homosexual that we are wrong about ourselves."

He also notes, pertinently, of his opponent that:

"Her citations to Michaelangelo Signorile and Judith Levine and the signers of the Beyond Marriage manifesto suggest she may wish she were having this debate with them rather than me. For the record, I find their arguments every bit as problematic as she does, which is why I have never either made such arguments or in any way endorsed them. I will stand side by side with Anderson when it comes to opposing polygamy or the imposition of some "queer value system," whose parameters I can't even begin to imagine. I'm here to argue for the equal rights the Constitution of my country promises and not much more. I don't want to change the family; I want to make sure lesbians and gay men who come after me will not have it used against them the way it is now being used.

Again and again, gays not on the left have to wage a two-pronged struggle: against anti-gay rightwingers who would deny us fundamental human rights, and against activists on the antinomian-chic "queer" left whose views of socially engineered, government-decreed "liberation" actually do suggest the nightmare nihilism that the right otherwise equates with basic equality for gay people.

Free Speech for Me, but Not for Thee.

Over at The Volokh Conspiracy, Eugene Volokh writes, "the big picture is both the left and the right [are] calling for some speech restrictions, and opposing other speech restrictions." Examples over time include this from anti-gay neo-con Irving Kristol (from the summer of, appropriately enough, 1984): "I don't think the advocacy of homosexuality really falls under the First Amendment any more than the advocacy or publication of pornography does."

Volokh adds, "The advent of the left-wing feminist calls for restricting sexually explicit speech in the 1980s has evened the matter somewhat," and then tallies support for censorship ranging from politically correct speech codes (the left) to anti-flag burning efforts (the right).

Speaking (while we can) of loony rightwing speech, Maggie Gallagher's Institute for Marriage and Public Policy reposts an article from the religiously right journal First Things by Ryan T. Anderson, who opines:

Living a chaste life on a college campus is difficult. Defending your commitments to chastity, whether to your friends in the dorm room or to your professors in the classroom, is even more difficult. If you haven't been a university student for a while, think back to what the sexual climate on campus was like when you were in college. Now imagine what it's like with official university LGBT offices pushing for same-sex marriage and gay rights. ...

Think about that: Advocating the mutual commitments and responsibilities of same-sex marriage makes it more difficult for heterosexuals to remain chaste, somehow.

I suppose the thinking might be that fiddling with sexual barriers of any kind regarding homosex will open the floodgates (the Rick Santorum view), or that some LGBT activists actually do advocate the elimination of marriage and related behavioral norms as oppressive and patriarchal (thanks again, guys and gals).

But still, you have to gasp at the gall behind the assertion that exposure to the mere advocacy of gay marriage will tempt innocent straight co-eds to go, as it were, straight to hell.

Serving Whose Interests?

While applauding the House passage of a bill to hike the minimum wage, "11 LGBT organizations urged the quick passage of the accompanying bill in the Senate, and a speedy signing by President Bush," according to this report.

"It is imperative that the LGBT community concerns itself with matters like these, not just because raising the minimum wage is an issue of basic fairness, but also because we know low-wage jobs and stagnant pay are issues that so many in our community face on a daily basis," said Nancy Wohlforth, Pride At Work Co-President.

In other words, some gay people earn the minimum wage, so it's a pressing gay issue (leaving aside whether a minimum wage hike will cost some of them their jobs, and keep even more from ever getting hired). But will we ever see a gay coalition statement that reads, "The LGBT community, which is overwhelmingly made up of taxpayers, calls for a tax cut"? Or even, "The LGBT community, with a large proportion of small business owners, opposes calls for even more burdensome business regulation"? Don't hold your breath.

Meanwhile, as Log Cabin points out, Democrats in the Senate are blocking a vote on a pro-gay amendment to the minimum wage act, sponsored by GOP Senator Gordon Smith, that would ease the tax burden for domestic partner benefits. "The Domestic Partner Health Benefits Equity Act would correct an unfair provision in the tax code that blocks self-employed people from deducting their domestic partner's health insurance premium costs." You'd think that might be the immediate legislative priority for our community, wouldn't you?

Says Log Cabin head Patrick Sammon:

"Democrat leaders should allow a vote on this important amendment. LGBT Democrats gave a lot of money and support to their Party last November."

You also might be forgiven for thinking that this is an argument that a coalition of "progressive" gay groups would be making.

The Democrat-ization of HRC

What happens when we put all the gay movement's marbles in one party's basket? We're about to find out.

The Human Rights Campaign has finally shed any semblance of staying non-partisan in the fight for gay civil rights. Leaders of the D.C.-based HRC told the Boston Globe in a story published last week that their new strategy is to "become a steady source of funds and grass-roots support for Democrats-more akin to a labor union than a single-issue activist group."

The "new HRC" isn't just belaboring the obvious-that the Democratic Party is clearly better on gay issues than the GOP. HRC's head honchos have gone much further, deciding that the fate of the movement lies inexorably with the fate of Democrats generally, which means throwing money and support wherever Dems say it's needed, even if it means pulling money out of actual pitched battles over our civil rights.

How has the Democrat-ization of HRC worked out so far? For one, HRC took money out of the fight last November to defeat ballot initiatives that ban gay marriage, even those that amended state constitutions. HRC chief Joe Solmonese told the Globe he was "more effective by focusing on candidates."

So HRC sank money instead into quirky priorities of the Democratic National Committee not even marginally relevant to gay rights. As a result, the Globe reported, HRC turned out to be the single largest donor in New Hampshire state Senate races. How exactly does that bring gay Americans closer to equality?

The most obvious danger of the new DNC-controlled HRC is putting all the gay movement's marbles in the Democratic Party basket, even though from Bill Clinton and John Kerry on down, the party has almost never taken a political risk for its gay constituents.

Democrats don't even deliver for organized labor, HRC's supposed new role model. HRC must be the only lobby in the group anywhere, and certainly the only civil rights organization, modeling itself after labor unions. We can all see how powerful they aren't, after sinking themselves into a one-party, no message strategy.

At this point, it's too soon to know whether HRC's blind faith in Democrats will bear fruit, and whether Solmonese will muster the courage to criticize his fellow partisans if they follow previous patterns.

Color me skeptical. Solmonese came to HRC from Emily's List, a women's rights group that chose to officially align itself with the Democratic Party. Clearly, Solmonese envisions something similar for the nation's richest gay rights group.

Unfortunately, people like Solmonese who are so committed to partisanship will forgive all sorts of abuses from their party under the guise of "taking one for the team." They will invariably accept excuse after excuse why now isn't the time for Democrats to expend political capital on the civil rights of gay people.

"What makes you politically powerful is money and membership," the Globe quotes Solmonese as saying. Notice that missing from that poli-sci lesson is anything about the message. In the Solmonese playbook, having a meaningful message just doesn't count. (Neither does Solmonese's claim about membership, since he admitted last year that HRC cooks its books, counting in perpetuity as "members" anyone who's ever given even a single dollar to the organization.) His laser-like focus on politics may be exactly what HRC needs, but in a political director, not a president.

The Solmonese partisan allegiance, along with his disregard for winning hearts and minds, is what's really behind the decision to divert money from ballot measures to backing Democrats. The vote on a number of those ballot measures was close, and one was defeated in Arizona, proving they're winnable. And losing has a serious cost, given the difficulty of re-amending a state constitution to once again permit marriage (and in many cases, even civil unions).

But that isn't the biggest blow to the movement from Solmonese's failure to keep his eyes on the prize, as MLK would say. (Can anyone imagine the Civil Rights Movement putting a political operative at the helm, much less suborning the dream of equality to one political party?) Unlike the countless, faceless races in which HRC spent gay rights money on somewhat-pro-gay Democrats, these ballot initiatives are about "our issues." They represent an important opportunity to engage the public on marriage, something our leaders always say we need to do more of but never seem to get around to doing.

In fact, HRC has wasted lots of money in the past on ballot measures, usually on ads that rather than explaining why we want to marry instead invoke bromides about "not writing discrimination into the constitution" or pointing out gay marriage can be banned other ways. It's the kind of message that tests well with focus groups but doesn't win elections, much less engage on the issue itself, reaching "the mushy middle" of the American public that is sympathetic but can't get over "the M word."

Rather than see HRC money was wasted because of how it was spent, Solmonese instead diverted crucial funds even further from the actual battleground. That's because the new HRC of Joe Solmonese has given up reaching those people, and instead has chosen the lobbyist end-run: sliding money through the backdoor to vie with labor unions for influence in the Democratic Party.

It's a big gamble and one that shows little faith in the power of the message of equality. (Remember the equals sign?) It's certainly no way to run a movement.

Priority #1: Incite Hatred of Bush.

The National Gay & Lesbian Task Force, whose mission is to "build the political power of the lesbian, gay, bisexual and transgender (LGBT) community from the ground up," can't help leading off its response to the State of the Union by condemning Bush over Iraq. Here's the lead from a statement by Matt Foreman, NGLTF's executive director:

"Tonight, President Bush told us that he will ignore the central message of the 2006 congressional elections: end the unsupported, unwarranted and utterly unnecessary bloody war in Iraq. The nightmare in the Middle East continues unabated."

Do they think having U.S. helicopters take flight off the Bhagdad embassy roof (as with a former, glorious progressive victory "from the ground up") and leaving Iraq to be partitioned between Iran and Al-Qaida will be a good thing for the U.S.-not to mention Iraqi gays?