Florida Supremes, Wrong Again.

The Democrat-dominated Florida Supreme Court, the one that killed school choice and tried to elect President Gore, turns sharply rightward when it comes to gays. Having upheld, in 1995, that state's worst-in-the-nation ban on letting gays adopt, the court has now ruled a sweeping anti-gay marriage amendment can go on the ballot. The amendment reads:

Inasmuch as marriage is the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized.

But the Florida constitution prohibits "logrolling" in constitutional amendments (that is, putting something into an initiative that voters like, and then adding something else that voters wouldn't necessarily approve on its own). Since the amendment in question first defines marriage (one man, one women), and then adds in language that bans even civil unions and domestic partnerships (i.e., "other legal unions"), it seem like a pretty clear case of impermissible logrolling. But count on the Florida Supremes to ignore the language of the law and again rule on their own prejudices.

More. Like those Japanese soldiers at the end of WWII who hid in the jungles and refused to surrender, some of our readers still insist that Bush stole the 2000 election. Nothing will convince them that Kos and Moore aren't reliable sources, but for the rest, this should.

The State Department’s Gay-Rights Tool

Sometimes you just need to ask the right person. On April 9, 1991, three Washington activists met with Tom Williams, then director of the Country Human Rights Reports Team at State Department headquarters in Washington's Foggy Bottom. Michael Petrelis of ACT UP, Margaret Cantrell of Gay and Lesbian Watch, and Barrett Brick of the World Congress of Gay and Lesbian Jewish Organizations wanted State to include anti-gay incidents in its annual report to Congress on human rights abuses around the world.

They had done their homework, and provided Williams with evidence of incidents that should have been in the 1990 report. Williams was persuaded, and the report has included gay-related incidents ever since.

Petrelis, now a blogger based in San Francisco, was still on the case when State released its 2005 Country Reports on Human Rights Practices on March 8. Not only has he stayed in touch with State's Bureau of Democracy, Human Rights and Labor as well as the desk officers for individual countries, he worked with British activist Peter Tatchell last year to declare December 4-10 "Report Antigay Rights Abuses to U.S. State Dept. Week."

The success of Petrelis and his international network of collaborators is evident in the report. It includes numerous anti-gay incidents, some familiar from gay press reports:

  • In Poland, gay activists braved violent counter-demonstrators to march in Warsaw and Poznan despite being denied permits; they subsequently won a Warsaw court ruling.

  • In Zimbabwe, thugs again harassed Gays and Lesbians of Zimbabwe into withdrawing from an international book fair.

  • In Jamaica, an AIDS activist was shot to death, and the gay rights group J-FLAG reported abuses "including police harassment, arbitrary detention, mob attacks, stabbings...."

  • Under Shari'a law in many Muslim countries, homosexuality was punished by death. In Iran, a number of men, including two teenagers, were executed apparently for homosexuality though charged with other crimes.

There were also some positive developments:

  • In China, "Gay men and lesbians stated that official tolerance had improved in recent years."

  • In lowland areas of Laos, "there was wide and growing tolerance of homosexual practice, although societal discrimination persisted."

  • In the Czech Republic, "the lower house of parliament passed a law that recognizes the legal validity of gay civil partnerships."

  • In Brazil, a federal court ruling granted partner benefits to same-sex couples.

Paula Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission (IGLHRC), praised the report:

State Department officials who have worked to include documentation of human rights violations against LGBT people are to be commended, as are the many global activists who brought these violations to light.

In contrast, the Human Rights Campaign used the report's release mainly as an excuse to bash the U.S. government for its recent vote against consultative status for gay organizations at the United Nations. HRC President Joe Solmonese said:

The State Department report is enlightening but it won't be effective if the U.S. government keeps siding with abusers like Iran in supporting silencing human rights watchers.

This is patently false, since the reports are used by lawyers for asylum seekers to bolster their clients' cases.

Unfortunately, some people are so fixated on their opposition to George W. Bush that they are reluctant to give credit to anyone in the federal government who might be doing something worthwhile. Last year, when Petrelis praised the 2004 report, some gays took great offense that he would say anything nice about the Bush Administration.

But the annual human rights report has value regardless of one's views of Bush. The plight of gay people in so many countries is far too dire to subordinate it to partisan political concerns. Indeed, the 1991 breakthrough by Petrelis and his colleagues occurred during the presidency of Bush's father.

I spoke with Petrelis the other day, and he wants to ensure that activists in each country are made aware of the relevant contents of the State Department report. My own local activist group is a member of the International Lesbian and Gay Association (ILGA), and I have pledged to make a project out of contacting as many foreign gay organizations as I can find and forwarding them the information.

When you get desperate e-mail pleas from gay people around the globe, as I occasionally do (and I am not talking about scam letters, which I also receive), it can make you feel pretty small and helpless. When I read those pleas, such as one a few years back from an Iranian in Indonesia who faced deportation back to his native country, where he would likely have been killed, I can do little more than refer the person to IGLHRC and the U.N. High Commissioner for Refugees (UNHCR), and offer some words of encouragement.

But small acts can help save lives. My Iranian correspondent found asylum in Canada. Of course, he is a drop in the ocean given the magnitude of the problem worldwide. Many cannot or do not wish to leave their countries. For them, international visibility and support are crucial.

You can play a part in helping oppressed gay people around the world. The Internet is an invaluable tool. Organizations offering online resources include IGLHRC, ILGA, Human Rights Watch, Amnesty International, and UNHCR

As Michael Petrelis, Margaret Cantrell, Barrett Brick and Peter Tatchell have proven, individual voices can and do make a difference.

Polygamy Illogic Strikes Again

In his nationally syndicated column of March 17, Charles Krauthammer uses the HBO series "Big Love" (about a modern-day polygamist family in Utah) as a springboard to telling gay-rights advocates "I told you so."

Krauthammer writes:

In an essay 10 years ago, I pointed out that it is utterly logical for polygamy rights to follow gay rights. After all, if traditional marriage is defined as the union of (1) two people of (2) opposite gender, and if, as advocates of gay marriage insist, the gender requirement is nothing but prejudice, exclusion and an arbitrary denial of one's autonomous choices in love, then the first requirement-the number restriction (two and only two)-is a similarly arbitrary, discriminatory and indefensible denial of individual choice.

This is what we philosophy professors call a "non-sequitur," which is a very fancy way of saying that the conclusion doesn't follow, which is a moderately fancy way of saying "Not!"

To see why, suppose I were to define marriage as the union of (1) two people of (2) opposite gender of (3) the landowning upper class. And suppose you were to argue (correctly) that the third requirement is arbitrary. It would not follow that either of the other two requirements is similarly arbitrary. The moral of the story: each element of the legal definition of marriage must be judged on its own merits.

That fact hasn't stopped otherwise intelligent people-including Krauthammer-from invoking the slippery-slope argument from gay marriage to polygamous marriage. If you advocate any change to our understanding of marriage, they warn, then there's no principled reason for barring any other change.

This is nonsense of the first order. What's worse, it's old nonsense. The same argument has been trotted out every time the legal parameters of marriage have been changed: for example, when married women were finally allowed to own property, or when the ban on interracial marriage was lifted. Make any change, and soon the sky will fall.

Of course, the fact that the old arguments were needlessly panicky doesn't entail that the current one is. After all, each change should be evaluated on its own merits.

Precisely. (Now write it down and memorize it, please. It's going to be on the test.)

The trouble with the slippery-slope argument from gay marriage to polygamy is that it's a nice sound-bite argument that doesn't lend itself to a nice sound-bite response. "Show us why polygamy is wrong," our opponents insist, as if that's easy to do in 20 words or less. (Try it sometime.)

But here's a little secret: they can't do it either, because their favorite arguments against same-sex marriage are useless against polygamy. "It changes the very definition of marriage!" (No: marriage historically has been polygamous more often than monogamous.) "The Bible condemns it!" (Really? Ever heard of King Solomon?) "It's not open to procreation!" (Watch "Big Love" and get back to me.)

If there's a good argument against polygamy, it's likely to be a fairly complex public-policy argument having to do with marriage patterns, sexism, economics, and the like. Such arguments are as available to gay-marriage advocates as to gay-marriage opponents. So when gay-rights opponents ask me to explain why polygamy is wrong, I say to them, "You first."

Krauthammer seems to assume that those who advocate any change in the current marriage rules have a burden of proof to explain why we shouldn't make any other possible change. But this requirement is clearly too strong. One might just as well argue that those who advocate allowing men in dining rooms without neckties have a burden to explain why they must nevertheless wear pants, or that those who advocate banning abortion have a burden to explain why we shouldn't also ban contraception, interracial dating, and dancing (why not?).

While most of us would love to see our opponents spin their wheels on issues unrelated to the dispute at hand, such diversionary tactics hardly advance a debate.

But heck: what's sauce for the goose is sauce for the gander. Many of our opponents (including Krauthammer) have lamented the high rates of divorce in this country, and some have advocated the tightening of divorce laws and even the elimination of "no fault" divorce. Next time they do this, let's ask them: why not ban interracial marriage? Why not prohibit married women from owning property? After all, those who advocate any change in the current marriage rules have a burden of proof to explain why we shouldn't make any other possible change in those rules-don't they? Don't they?

Don't hold your breath for a response.

Yes, I Know About ‘South Park.’

This has been all over the blogosphere for weeks, but for those who just refuse to read any blog but CultureWatch, you can view the now-infamous South Park "Trapped in the Closet" episode, pulled from the re-run schedule by Comedy Central, here.

The AP reported:

The episode in question, "Trapped in the Closet," shows Scientology leaders hailing Stan, a child on the show, as a saviour. A cartoon Cruise locks himself in a closet and won't come out. John Travolta, another Scientologist, enters the closet to try and bring him out.

The repeated tag line: "Tom Cruise won't come out of the closet."

Hecklerspray sums up what those "in the know" have been alleging:

Comedy Central pulled the plug on a repeat of "Trapped In The Closet," leading to whispers that Tom Cruise himself ordered the removal of the episode, or he'd cancel all promotion for Mission: Impossible III. Paramount, the Mission: Impossible III studio, and Comedy Central are both owned by Viacom.

Issac Hayes, who voiced "chef," also resigned, calling the episode offensive (Hayes is himself a Scientologist and purportedly got pressure from the "Church" to disassociate himself from the show.)

The larger picture (via LA Times columnist Bridgette Johnson):

The Chef-Cruise-Scientology kerfuffle comes off the heels of worldwide protests of Muhammad cartoons and the assertion by demonstrators that freedom of speech does not mean being allowed to offend, or even that freedom of speech should not be completely extended in society because it can offend.

It's the meeting point between leftwing political correctness and rightwing fundamentalism (Muslim, Christian and Scientology versions), with more than a dollop of Hollywood hypocrisy and homophobia thrown in to boot.

Update: Tim Hulsey points us to this Fox News report that says:

Hayes, like Katie Holmes, is constantly monitored by a Scientologist representative.... [Friends say] Hayes did not issue any statements on his own about South Park. They are mystified.....That certainly begs the question of who issued the statement that Hayes was quitting South Park.

Who, indeed.

The ‘Queer’ Dystopia.

The leftwing Radical History Review shines a light on just how far out of the mainstream some "queer theorists" and activists are. The RHR, in calling for papers for a "Queer Futures" issue, notes that:

[F]ilms featuring gay characters and themes are celebrated by mainstream audiences...; "gay marriage" has emerged as the central civil rights cause for powerful organizations like the Human Rights Campaign; urban activists and civic boosters promote "gay business districts" as a means for achieving visibility and equality; and multibillion-dollar markets targeting gay and lesbian tourist dollars are booming

Sounds pretty good, right? Wrong:

[P]rominent lesbian and gay rights organizations increasingly embrace agendas that vie for acceptance within contemporary economic and political systems, thereby abandoning their earlier commitments to economic redistribution and protecting sexual freedoms. This shift has made strange bedfellows out of lesbian and gay rights organizations and social conservatives: both endorse normative and family-oriented formations associated with domestic partnership, adoption, and gender-normative social roles; both tend to marginalize those who challenge serial monogamy and those-including transgender, bisexual, pansexual, and intersex constituencies-who feel oppressed by a binary gender or sex system.

And on it goes, concluding that such strategies "threaten to erase the historic alliance between radical politics and lesbian and gay politics."

It's actually hard to envision what the radical queer left wants other than ripping apart society and all its norms, including property rights and any remnants of sexual inhibition/self-discipline, to be replaced by a redistributionist order that must be both infantile and totalitarian in nature.

An Increasingly Untenable Policy Unlikely To Be Changed Anytime Soon.

"Don't Ask, Don't Tell," a policy based on animus toward gays, is losing support in the military if not in Washington, the Boston Globe reports:

A growing body of evidence that attitudes have changed within the ranks. A recent study by the Naval Postgraduate School found that a majority of military personnel felt comfortable around openly gay colleagues....

Overall, the number of soldiers facing discharge under the policy has dropped steadily-from 1,273 in 2001 to 906 in 2002 and 787 in 2003, the most recent year available....

[L]awyers who represent [gay] soldiers...attributed the change both to a growing acceptance of gays within the ranks and to the military's need to keep more highly trained soldiers in the Iraq War.

But the Democrats won't make an issue of the ban, and Republicans will use their support of it as another way to energize the "base."

DADT, in fact, is one more example of how both parties use hot-button emotional appeals to the easily frightened and poorly informed (i.e., blocking Social Security reform and opposing freer trade on the left, blocking immigration reform and trying to amend the consitution to ban gay marriage on the right) to keep their respective bases crazy-angry at all times.

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03/12/06 - 03/18/06

Polygamy in the Spotlight.

Andrew Sullivan spells out why same-sex marriage is not a "slippery slope" to polygamy:

I believe that someone's sexual orientation is a deeper issue than the number of people they want to express that orientation with. Polygamy is a choice, in other words; homosexuality isn't. The proof of this can be seen in the fact that straight people and gay people can equally choose polyandry or polygamy or polyamory, or whatever you want to call it. But no polygamist or heterosexual can choose to be gay. If you're not, you're not

The polygamy threat is increasingly being used as a cudgel against gay marriage, and the premiere of HBO's "Big Love," about a polygamous suburban household with "Desperate Housewives" kinds of issues, may cause the rhetoric to get even hotter. I found the new series well-produced and interesting, but (compared with some hard-hitting documentaries I've seen) a sanitized view of what polygamy is really about-which is typically not good for the wives and children.

No Convincing the Committed.

An interesting column, suggesting that attempts at persuading partisans who are committed to their beliefs is largely useless. Only political independents who haven't invested emotionally in a stance, one way or the other, are largely reachable. So attempting "to point out contradictions, dishonesty and hogwash in politics and rhetoric [is] probably a waste of time."

I'd say this rings true for the most part. Logic is largely irrelevant in most political arguments, and completely futile with ideologues on either the left or the right. It's all about my team and your team-a point David Boaz makes here.

More. I can attest to the prevalence of this nonthinking. Whenever I argue why I believe an aspect of the predominant gay movement strategy is wrong-headed and counter-productive, the comments pour in accusing me of working against the home team or aiding the other side by fostering disunity-some even suggest I couldn't possibly be gay (I'm a front!).

Beware of ideologues, for they have shut their critical minds down for the sake of fealty to this or that "community."