Bullet Dodged.

The U.S. Supreme Court turned down an appeal by a gay California gay couple who wanted the court to mandate that California (and presumably every other state) permit them to wed. It is the first time the issue of same-sex marriage has been offered to the high court.

If the Supremes had taken the case, it could have had only two possible outcomes. The court definitively rules against a constitutional right to marriage (which would have overwhelmingly been the likely outcome, and could have had negative effects in other non-marital areas), or the court rules in favor (highly unlikely, but absolutely certain to trigger passage of the federal marriage amendment).

The deeply misguided "judicial strategy" (as opposed to working for enough electoral support to pass same-sex marriage legislatively) is bad enough on the state level, where it has succeeded in ensuring passage of numerous state-constitutional amendments banning gay marriage for generations to come. Why on earth would anyone pursue it at the federal level?

Shady Characters.

Mark Pietrzyk's study critiquing the Family Research Council et al. on the alleged homosexuality/pedophilia link is now on the web. In "Homosexuality and Child Sexual Abuse: Science, Religion, and the Slippery Slope," Pietrzyk writes:

In response to the scandal involving former Congressman Mark Foley, a number of conservative religious groups have claimed that homosexuals pose a substantially greater risk of committing sexual abuse against children than heterosexuals, and have issued papers citing a number of scientific studies to support these claims. However, when one examines the studies cited in these papers, one finds that the religious right has engaged in some serious distortion of the works of others. The scientists who authored the studies made no such claim about homosexuals posing a greater threat to children, and in fact in many cases argued the opposite.

In other Foley news (All Foley, All the Time, Until Nov. 7), yes, it really is completely about politics and manipulating the electorate in the most cynical fashion.

And the Democrats have known about the emails for months, waiting, waiting, waiting for October.

More.

Via Gay Patriot: Screenwriter Nora Ephron gets it right. She told the Huffington Post:

And yet when I watch the liberal punsters on television, I can't help suspecting that they're taking advantage of the homophobia in the culture in order to make slightly more of this episode than it may in fact turn out to be worth. When I watch the Democratic politicians smack their lips, I can't help wondering whether they've forgotten that this is the sort of scandal that can happen to either party, and there's no evidence that Democrats would have handled it any better. In short, I can't help thinking that the homophobia is catching.

More Democrats are running ads claiming GOP leaders allowed Foley to "molest boys," while social conservatives are making their gay=pedophile claim all over the blogosphere.

Via Right Side of the Rainbow: "The media are trying to sex up another gay Republican, this time with nothing but cheap innuendo." How low can they go? Pretty damn low.

Foley Is No Pedophile

Former Rep. Mark Foley (R-Fla.) has a problem, but it's not the one in the headlines.

Last week, as soon as the news broke that the congressman had sent graphic sexual texts to a former page, the first headlines (now changed online) called him a pedophile.

And even now, bloggers and some political commentators keep using the word "pedophile" over and over again.

This makes Democrats celebrate, right? Especially once Foley resigned shortly afterward. Another Republican forced to resign over some sort of scandal! And this one involves sexual advances toward children!.

But gay Democrats need to take a step back. In the short term, this may give us some salacious pleasure. But in the long term, it is not good. Here's why.

First, the (perhaps not so) obvious reason.

Foley is not a pedophile. Foley is gay.

Pedophiles are sexually attracted to undeveloped children - 6-year-olds, 3-year-olds. Some researchers even consider pedophilia to be its own perverted sort of sexual orientation. Congressional pages are juniors and seniors in high school, 16- and 17-year-olds. They've been through puberty. They're not children.

Now, I'm appalled by Foley's actions, too. They were completely inappropriate. But "inappropriate" doesn't equal "pedophilia."

The age of consent in Washington, D.C., is 16, which means that this page was legally a sexual adult. A 16-year-old young man is a much, much different target of lust than a 6-year-old boy.

If it had been a 16-year-old girl Foley was after, I don't think the media and those who consume it would have latched onto the word "pedophile." I think they would have been more likely to call this "creepy" or "sexual harassment," which it is.

It is creepy when a 52-year-old makes advances on a 16-year-old.

But when that 16-year-old is a female, no one is that surprised. After all, we sexualize young adults. Teenage girls are our fashion models, our pop singers, our national targets of lust. Americans understand why older men are drawn to very, very young women.

What they don't understand is men of any kind being drawn to other men.

But that's what we have here. Foley is a semi-closeted gay man. A few years ago, he was outed by the gay press and he would neither confirm nor deny that he's gay. He was sending provocative messages to a younger man. In the IM messages they exchanged, released by ABC News, the young man didn't quite encourage him, but didn't quite discourage him either. He might have been too young and inexperienced to know how to fend off advances.

Foley should have known this - he should never have pressed his power and age advantage.

Nevertheless, Foley is being called a pedophile only because both parties are men.

It's never good for us when "pedophile" and "gay" are joined together in this sort of unholy headline matrimony. It simply reinforces the stereotype that we are sexual predators.

So, this is the first reason this was bad for us. It allowed, once again, a gay man to be targeted as a pedophile.

Secondly, Foley is one of a very small group of Republicans who actually had a decent voting record on gay issues. In the past 10 years, he's scored in the 80s or higher on the Human Rights Campaign's congressional report card. He was a co-sponsor of the Employment Non-Discrimination Act. He's pro-choice.

In short, he had become a friend of ours in the legislature.

Perhaps there will be a good outcome here. Maybe a gay-friendly Democrat will take his seat in November. Perhaps this situation will also make some moderates think about conservative hypocrisy - congressional Republican leaders knew about this exchange, yet covered it up. Maybe it will remind moderates and conservatives alike that gay people really are everywhere, even hidden in the Republican ranks.

But long after the November election, those two words "gay" and "pedophilia" will remain etched in the minds of ordinary Americans.

And that's too bad, because Mark Foley's problem is not pedophilia. Mark Foley's problem is impulse control.

Frank Kameny Enters History.

It's official. Frank Kameny has entered history--literally. Forty years ago, this civil-rights pioneer came to the aid of a frightened Library of Congress employee who was accused of "enjoying" the embrace of men. (I am not making that up.) On Oct. 6, that same Library of Congress accepted Kameny's papers and cemented his place in history's pages. Professional archivists will now painstakingly sort thousands of documents--the gift of Charles Francis's Kameny Project, which raised $75,000 to purchase and donate them--and will ensure their availability to generations of students of U.S. civil rights. There is no better record of the torment that homosexuals endured at the hands of their government in the 1950s and 1960s. And there could have been no finer tribute to Kameny than the ceremony at the Library. If there were any dry eyes in the house after Frank accepted the tributes and took his seat, mine weren't among them.

The Witch Hunt on the Hill.

The National Gay and Lesbian Task Force has rightfully condemned "emerging attempts to shift responsibility for the Foley scandal by blaming gay Republican congressional staffers for supposedly covering up prior reports of predatory behavior by former Rep. Mark Foley." A release from the group further states:

Discussions of a supposed network of closeted gay Republicans working on Capitol Hill have swept the blogs and been raised on MSNBC and CBS. There are allegations, for example, that gay former Foley aide Kirk Fordham, the recently resigned chief of staff for Tom Reynolds (R-NY), worked to play down complaints about Foley's behavior. Fordham has said that more than three years ago he had "more than one conversation with senior staff at the highest level of the House of Representatives asking them to intervene. ...

The parallels to McCarthyism are chilling. Here it is gays, not communists, "operating at the highest levels of government." ...

While many Democrats may be taking real pleasure in watching the GOP twist and turn, it's long past time for them-and other leaders-to denounce these shameful, gay-baiting, responsibility-evading tactics.

I'd go much further: Both Democrats and social conservatives have quite openly been fanning the flames of homophobic panic in an attempt to secure political advantage.

More.

Gay Patriot cites a blog posting by David Corn, a columnist for The Nation, here, describing how some gay Democrats have been sending to social conservatives copies of "The List" of gay staffers working for Republicans on the Hill, in an effort to get them fired.

The WSJ's Daniel Henninger looks at the political/media circus, noting, "I have an idea: Let's fire the Members and replace them with the pages. We could do worse. We are."

National Journal calls the Foley scandal "A Calamity for Gay Republicans."

From the Drudge Report:

According to two people close to former congressional page Jordan Edmund, the now famous lurid AOL Instant Message exchanges that led to the resignation of Mark Foley were part of an online prank that by mistake got into the hands of enemy political operatives, the DRUDGE REPORT can reveal.

According to one Oklahoma source who knows the former page very well, Edmund, a conservative Republican, said he goaded an unwitting Foley to type embarrassing comments that were then shared with a small group of young Hill politicos. The prank went awry when the saved IM sessions got into the hands of political operatives favorable to Democrats.

Foley’s Folly: The GOP’s Gay Problem

The tragic opera of former congressman Mark Foley is the revenge of don't ask, don't tell.

Foley, a Republican from Florida, resigned Friday after e-mails and instant messages between him and several teenage congressional pages surfaced. The Republican leadership knew that at least one page had gotten e-mails where Foley admired the body of one of the page's friends, and asked the page for a picture of himself, e-mails the page naturally found sick and a bit creepy.

Republican leaders responded to the potential political problem by telling Foley to knock it off. With respect to the larger issue, though, there was no asking or telling. The boy's own revulsion at the obviously inappropriate attention was ignored, not only by Foley's partisan fellows, but by some news outlets that also had seen the e-mails.

If this has a familiar ring, look in the Catholic Church for the bell. Republican leadership was acting like the Catholic hierarchy, which played shell games with men accused of sexually abusing children. And there's a good reason for the similarity. The inability to deal straightforwardly with gay people leads to other kinds of truth-avoidance when things go south. But that's what comes from not wanting to know something, and going out of your way to remain ignorant.

We've come a long way since homosexuals had two basic options: the closet or jail. But a good portion of the electorate, most of them Republican, still seems to long for the good old days when we didn't have to think about ``those people." Both Libertarians and, generally, the Democratic Party have withdrawn their official support for the closet over time. States, too, are seeing what a losing battle this is, and allowing homosexuals to live their lives in conformity with, rather than opposition to, the law.

But that leaves Republicans and the religious right trying to live a 1950s lie in the new millennium. As Foley prepared in 2003 to run for the Senate, newspapers in Florida and elsewhere published stories about his homosexuality. But you'd never hear any of his colleagues saying such a thing. And Foley himself refused to discuss the issue, until his lawyer acknowledged Wednesday that the former congressman is indeed gay.

Being in the closet is hard to pull off without help, and for years Foley was eagerly abetted by his Republican brethren, whose willful blindness is at the heart of the current tragedy. Speaker J. Dennis Hastert, majority leader John Boehner, and others in the House leadership are still under the impression that the closet, like Tinkerbell, will continue to live as long as we all believe. And believe, they do -- against all the evidence.

But the number of people who believe in the closet is declining day by day and generation by generation. Hastert and the rest of his cronies are their own victims. The political turmoil they caused for themselves is only just.

But their failure to acknowledge the obvious reality has other victims as well: the boys whom Foley apparently pursued. Some of the messages show some tolerance of Foley's advances, but not much more. This was no one's ``Summer of '42." The healthy disgust in one boy's use of the word ``sick" repeated 13 times seems about right.

But what can one expect from denying grown men -- and women -- a normal, adult sex life? Whether the denial of adult intimacy comes from religious conviction or the ordinary urge toward conformity, people who run away from their sexuality nearly always have to answer to nature somehow. For people who fear abiding and mutual love, the trust and confusion of the young is a godsend. Add to that the perquisites of power, and a degenerate is born.

Fortunately for the arc of justice, the closet ultimately works against itself. Foley's case and the Catholic Church's sex abuse scandal are the last screams of the dinosaurs. It took the dinosaurs a long time to finally die off, or evolve into creatures that could continue to survive, and the same will be true of the closet's final supporters. But they will look more and more ridiculous each time that they take pride in holding up the ruins of this particular antiquity while tending to the wounded when the building again collapses.

Like the Catholic Church, the Republican Party in Washington guarantees its own future calamities in its enduring and steadfast habit of pretending that, unlike heterosexuality, homosexuality can be either denied or suppressed.

Foley’s Folly: A Lesson

It is early yet to talk about "the moral of the story" with respect to Mark Foley. Foley, a Republican congressman from Florida, resigned last week after it was revealed that he had been sending sexually explicit e-mails and instant messages to underage congressional pages. Here's a sample (the spelling is left uncorrected):

Foley: what you wearing
Teen: normal clothes
Teen: tshirt and shorts
Foley: um so a big buldge….
Foley: love to slip them off of you
Teen: haha
Foley: and [grab] the one eyed snake….
Teen: not tonight...dont get to excited
Foley: well your hard
Teen: that is true
Foley: and a little horny
Teen: and also tru
Foley: get a ruler and measure it for me

The FBI is investigating, and criminal charges appear likely. Though initial reports involved relatively tame e-mails to a sixteen-year-old former page, the IM's (such as the one cited above) appear to involve a different youth about whom little has been reported. The age-of-consent is 16 in D.C., but it's 18 in Florida, unless the accused is under 24 (Foley is 52).

Foley was long rumored to be gay. Nonetheless, he was a popular Republican congressman who prior to the scandal was considered a shoo-in for re-election. He was also the co-chairman of the House Caucus on Missing and Exploited Children, an outspoken foe of sexual predators on the Internet, and a vocal supporter of President Clinton's impeachment.

Hypocrite? Almost certainly. Child molester? Probably not. Sixteen- and seventeen-year-olds are not quite children (they're not quite adults, either), and there is no evidence yet that Foley actually made or attempted to make physical contact with the objects of his Internet dalliance. Still, as the congressman surely knew, Florida law makes it a third-degree felony to transmit "material harmful to minors by electronic device" and defines such material to include descriptions of "nudity, sexual conduct, or sexual excitement."

There's also the issue of sexual harassment and abuse of power. Even former pages have strong incentive to stay in the good graces of the congressmen who employed them. While the youth in the above exchange does not seem (judging from the text) to be terribly troubled by the banter, at least one other complained that Foley's advances were "sick sick sick sick sick…"

Without a doubt, Foley did some stupid, inappropriate, and unethical things. Granted, sexual desire causes many of us to do stupid (though not necessarily inappropriate or unethical) things from time to time. Granted, the case would garner a somewhat (though not completely) different reaction if Foley were female--and particularly, if he were an attractive female. If Foley looked like Demi Moore, the pages would be telling one another "Dude, yeah!!!" instead of "sick sick sick sick sick."

But the "gay angle" on this contains an important lesson, one that is unfortunately likely to be either distorted or missed entirely amidst the partisan political drama. It is that gay people, like everyone else, need healthy outlets for sexual expression. When those are blocked--because of political ambition or a repressive church or a right wing bent on ignoring basic science--cases like Foley's (or former Spokane mayor Jim West's or former New Jersey Governor Jim McGreevey's) become more likely, as do far greater tragedies like the Catholic Church's sex-abuse scandal.

This is not to deny that Foley is responsible for his actions. There is no contradiction in holding a person fully responsible for wrongdoing and holding others responsible for enhancing the conditions that make such wrongdoing likely.

The right wing is doing just that by refusing to face some simple facts: There are gay people in the world. Gay people need love and affection like everyone else. When people repress that need in themselves or others, it tends to assert itself in unfortunate and sometimes tragic ways.

Like most people, I want to shake Mark Foley and yell: What the hell were you thinking? But I also want to add the following: It didn't have to be this way. There are young men of legal age who are not your subordinates who would have been happy to remove their shorts for you. And there would have been nothing wrong with that per se. An open, honest, consensual sex life is not only possible for gay men; it's healthy. The alternatives can be disastrous.

Yes, it is early to talk about the moral of the story. But there are lessons to be learned, and we ignore them at our peril.

Internalized Homophobia — Not

Not long ago I was cleaning out some old files and ran across one labeled "Homophobia--Internalized." Into it I had stuffed articles that purported to analyze why gay men engaged in such risky harmful activities as heavy drinking, crystal meth use, and unprotected receptive anal sex.

After a good deal of tut-tutting about the irrationality of putting oneself at risk for physical and mental deterioration and sometimes death, the articles often suggested that the explanation was "internalized homophobia" a supposed hatred of oneself as homosexual.

"Self-hating homosexual" was also used by gay leftists to describe gays who support conservative politicians and could equally have been used by moderate gays to refer to far-left gays whose main goal was to push gays into working for "the worldwide socialist revolution" (remember that?). Both, of course could have retorted that they supported gay equality but there were other political goals they valued more.

But "internalized homophobia" is a little too pat, too readily invoked, too all-encompassing. What disadvantageous or harmful behavior could it not purport to explain? I have to say, too, I don't think I have ever met a real instance of internalized homophobia. I think it is a label that doesn't refer to anything real--like "the ether" or "phlogiston."

I know of gay men who wished they were not gay. They say being heterosexual would make their life easier. They wish they could marry and sire children, or please their parents, or please their god. But none of them hate his whole self. Sadly, a few gay men do kill themselves, but they seldom if ever engage in typical "risk behaviors" as a way to do it gradually. They do it and get it over with.

It seems to me that people engage in so-called "risk-behaviors" for a simple reason: They are enjoyable; they feel good now. It is only in the long run that most risky behavior turns out to be harmful. And the further off the future, the more the consequences are discounted in our calculations about whether to do something enjoyable in the here and now.

Consider too that some heterosexual men also regularly engage in risk behavior. They use crystal meth and heroin, they drink heavily, they have sex with girl friends without a condom (risking unwanted paternity or the costs of an abortion). They parachute jump, race automobiles on city streets, get into fights. All these entail risk but the potential costs are uncertain or somewhere off in the future--and the pleasures are in the present, some of them very intense pleasures. No one diagnoses them with "internalized heterophobia" or calls them "self-hating heterosexuals." Instead, people look for other reasons for their behavior: they are fun, they are exciting, they provide an adrenaline rush, they are totally absorbing.

Show me an instance in which gay men engage in behavior with potentially harmful consequences but no benefit in terms of present pleasure or cessation of physical or emotional pain, an instance that cannot be found among heterosexual men, then I will reconsider "internalized homophobia."

At this point we could wonder whether explaining gay men's behavior with an easy and dismissive "internalized homophobia," without carefully examining the specific reasons or motivations of individual men involved is itself a kind of de facto homophobia. No doubt many of these people in the so-called "helping professions" would deny that emphatically. But failing to treat gay men the same way they would treat similarly situated heterosexual men amounts to heterosexism at least.

But instead of just condemning writers who fall back too easily on "internalized homophobia," it would be helpful to have a more satisfactory alternative explanatory model. "Time preference"--the relative weight anyone gives to present costs or benefits (pleasures) versus longer term costs or benefits--provides a clearer explanation. But time preference is part of the tool kit of economists while homophobia is in the tool kit of sociologists and psychologists and the disciplines seldom talk to each other.

The issue of "time preference" is particularly important in assessing gay men's behavior. Most heterosexual men marry and eventually produce dependent children. Because they now have other people who depend on them they have a greater incentive to think about the longer term. Not coincidentally, it is young single males who most engage in high risk behavior.

Since gays are denied marriage or civil unions, society fails to provide them with this incentive to develop a similar long-term perspective. In significant ways, most gay men remain single males all their lives. And because they do not have access to the ceremonies and other markers that bolster an internalized sense of socially certified adulthood (marriage, the birth of children), they remain in some sense young. This may have good effects as in preserving the free play of youthful creativity, but it also fails to promote that lengthening of a person's time preference which would discourage these much discussed risk-behaviors.

As November Approaches…

It's all politics, of course, in the era of the October Surprise (an "unkown source" first gave the Foley e-mails to ABC News). And here's how the game is played out (from a campaign press release):

Richard Wright, Democratic Party nominee for the House of Representatives in the 4th Congressional District [in Washington state], will hold a press conference Tuesday morning in Pasco to demand that Congressman Doc Hastings explain why he is not investigating House leaders who were aware of the sexual predatory activities of a Florida Congressman but did nothing about it for months.

The Democrats: Our best hope against the forces of perversion!

More. Gay Democratic activist Mike Rogers brags about his role.

As one of our commenters, "Guy," suggests, the scandal is causing a huge anti-gay political backlash that's likely to ensure passage of all the anti-gay amendments. I've also heard that it's leading to a purge of gay/gay-friendly GOP staffers on the Hill, now seen as "pedophile protectors."

Also. If the House leaders had moved earlier to censure Foley, as high-horse Democrats declare they should have, based on the evidence they had at the time - overly solicitous e-mails to male pages (and not the IMs) - can you imagine the cries of "homophobia" for Democrat/gay activists!