The ACLU argues,
correctly, that his arrest was unconstitutional. I hope this
experience leads Rev. Latham to come out.
Grilling Alito.
There's more than a little disingenuousness here:
[Anti-gay Sen. Sam] Brownback wanted to know if Alito believed that the Federal Defense of Marriage Act which says states do not have to accept same-sex marriages from other states is counter to the full-faith-and- credit clause of the Constitution. Without directly answering the question Alito said that the issue is the subject of disagreement by constitutional scholars.
"Its unfortunate that Alito has given completely non-answers to questions," Laura Schwartz, chief legislative counsel for the Human Rights Campaign told 365Gay.com.
Sounded like an appropriate answer to me.
Note: liberal judicial nominees also refuse to publicly prejudge issues likely to come before them, as everyone in Washington knows.
More: In response to Democrats' charge that he
never stands up for the "little guy," Alito pointed to his 2004
decision protecting a high school student from anti-gay bullying by
letting him go to the school of his choice. The Advocate
reports:
This was a case in which a high school student had been bullied unmercifully by other students in his school because of their perception of his sexual orientation, Alito said. He'd been bullied to the point of attempting to commit suicide, and his parents wanted to enroll him at an adjacent public high school. And the school board said, 'No, you can't do that,' and I wrote an opinion upholding their right to have him placed in a safe school, in an adjacent municipality.
Of course, standing up for gay kids against government educrats
isn't what the Democrats had in mind. Which is why PFLAG and others
ignored this decision in their anti-Alito screeds. (hat tip:
gay patriot)
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Indian War?
According to Reuters, the top court of the Cherokee Nation has declined to strike down a marriage between two women performed in May 2004, before tribal law was changed to ban the practice. A lawyer for the tribal council says it's possible the U.S. government will have to recognize the marriage because of the sovereign status of Indian tribes, which could, in theory at least, make them eligible for federal tax benefits denied to date to gay couples.
DOMA (the Defense of Marriage Act) vs. tribal sovereignty. We'll
see how this one plays out.
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Civil Unions as ‘Slippery Slope.’
IGF gets mentioned in an anti-gay marriage op-ed, from the Jan. 8 Minneapolis Star-Tribune. Charles H. Darrell of Minnesota for Marriage/Minnesota Family Council takes note of Dale Carpenter's argument that civil unions are an incremental step that will help pave the way for full marriage equality. Now, if only we could convince more gay activists of this!
More. Guess there's some confusion on ends and
means. Commenter "Mickie" gets it, though:
[I]n many (not all) states, demanding full marriage through the courts has breed a backlash that led to state constitutional amendments that ban both marriage and civil unions. Whereas states that have instead gone the legislative route for civil unions, such as Connecticut, have not faced such as draconian backlash. And before too long their electorates will be poised to pass full marriage for same-sex couples.
The United Kindom has civil partnerships that are not marriage, but everyone is now calling them marriage. That's smart strategy. Not dumb politics.
Hope that helps clarify things. For more, read Steve Swayne's
latest.
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In Praise of Advertising
A fall 2005 survey by Harris Interactive and Witeck-Combs Communications comparing gay and heterosexual adults found that gay men and lesbians were by several percentage points more likely than heterosexuals to respond to advertising messages, and that this was particularly true of offers that were keyed to their needs and respectful of their identities.
According to Witeck-Combs CEO and cofounder Bob Witeck, those results are good news for the advertising managers who have promoted more than 800 brands to the gay market and invested a quarter billion advertising dollars to reach same-sex households.
It is easy to see how ads directly aimed at gays by containing gay elements or same-sex couples would elicit a positive response from gay readers or viewers. But we could wonder why gays and lesbians might pay a little more attention to advertising generally. It is possible to imagine several plausible reasons.
- Since fewer gays have children, they are likely to a have greater disposable income to spend on consumer products and personal services, so they naturally pay more attention to advertising that tells them what kinds of things are out there that they might use their money for.
- A special case of this is gays' tendency to be "early adopters"-their eagerness to adopt a new fashion style or have the most innovative consumer product-computer, sound system, electronic gadget, messaging system, whatever. To do that successfully they need to be alert for advertisements for new products.
- Having fewer children also means that gays are better able to "pick up and go." Previous research found that gays go on more frequent trips or vacations and go out more to restaurants, concerts, movies and clubs. So they naturally look for advertising that tells them what is available.
- Married heterosexual couples still tend to divide the work of maintaining the household, so each partner is likely to pay attention mainly to advertising about the aspects they handle. Same-sex couples do not divide household responsibilities so clearly, so both partners may notice, say, ads for better microwaves as well as new cars, new DVD players as well as new lighting fixtures.
- Finally, I sometimes wonder if growing up as gay with a greater need for a self-protective awareness of other people's responses does not create-at least in some gays-a more or less constant state of alertness to the details and nuances of what is going on around them.
As all those examples underline, the whole purpose of advertising is to provide information that you the potential consumer did not know and would not otherwise have. It may not be information you want or need at the moment, but you might eventually and somebody else might find it useful right now.
Examples: A fascinating new product is now available. A familiar product has been upgraded and restyled. We can provide this time-saving service for you. A fine store is conveniently located near you. Some store is having a special "50 percent off" sale. This product will entertain you better. That nifty product will impress your friends. This club is having special entertainment. This movie is opening at that theater. Et cetera.
How are you going to find out these things if not through advertising-or from a friend who saw the advertising? We tend to forget how much of what we know about the world of products and services we learned directly or indirectly from advertising. Commercial products and services do not become known by magic.
A quick survey found gay friends who said that because they saw an ad they:
- Opened an account at a particular bank.
- Discovered a store that sold a brand of shoes they wanted.
- Bought a Bose Wave Radio.
- Changed brands of toothpaste to one they liked better.
- Found dress shirts on sale.
- Tried dental whitening strips.
- Bought an original iMac the minute it came out.
- Hired an attorney who advertised in a gay newspaper.
- Tried a new remedy for cold sores.
- Went to a concert a friend saw advertised.
- Hired an "model/escort" for a pleasant evening.
- Bought a book that looked interesting.
The list could go on.
Some people say they do not like advertising. They are usually thinking of loud or repetitious radio or television commercials. But there are well-designed advertisements in newspapers and magazines as well as clever and entertaining ads on radio or television. The New Yorker contains a great deal of exemplary, stylish advertising, especially around Christmastime.
And such people are forgetting how much information they themselves obtain from advertising. They remind me of Richard Wilbur's little poem "Solipsism":
We milk the cow of the world, and as we do
We whisper in her ear, "You are not true. "
Advertising can even create aesthetic benefits. Some artists in the early 20th century noticed how advertising's color and variety enriched the city's visual environment. French artist Fernand Leger who loved bright colors wrote enthusiastically of "life-giving color ... including all forms of everyday advertising."
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Kurtz’s Confusions
Stanley Kurtz is at it again. In the cover story for the December 26th Weekly Standard-"Here Come the Brides: Plural Marriage is Waiting in the Wings"-Kurtz cites a recent Dutch "triple wedding" as further evidence for the slippery slope from gay marriage to polygamy. (The Netherlands legalized same-sex marriage in 2001.) In Kurtz's ominous words:
It's easy to imagine that, in a world where gay marriage was common and fully accepted, a serious campaign to legalize polyamorous unions would succeed…. For a second time, the fuzziness and imperfection found in every real-world social institution will be contorted into a rationale for reforming marriage out of existence.
I have argued here before that there is no essential connection between same-sex marriage and polygamy. But it's worth pointing out several confusions in Kurtz's current iteration of the slippery-slope argument.
Confusion #1: The "Dutch triple wedding" was not a marriage at all. It was a private cohabitation contract signed by a Dutch notary public. It is not registered with, or sanctioned by, the state. It is no more a legal plural marriage than, say, a lease signed by three roommates.
Of course, lease-signings are not usually followed by cake and champagne. But if the fact that this Dutch trio had a private ceremony means that they actually have a plural marriage, then plural marriages are already taking place-not just in the Netherlands but in the U.S. Any group of people can put on any ceremony they like. That doesn't make it marriage.
Confusion #2: Kurtz obscures an important distinction between two understandings of the slippery-slope argument. One can understand the argument as a causal prediction: if gay marriage happens, plural marriage will follow. That doesn't mean that it should follow, or that there's any logical connection between the two.
Alternatively, one can understand the argument as a statement of principle: regardless of whether gay marriage leads to plural marriage in the actual world, there is a logical connection between the rationale for one and the rationale for the other, one might argue.
Kurtz, like many same-sex marriage opponents, seems to switch back and forth between these two versions of the argument. The distinction is subtle but important. By itself, the causal-prediction version is weak, for two reasons:
1. Because there may be a good principled case for gay marriage despite some adverse consequences. Same-sex marriage might lead to any number of things, some good, some bad. It might lead to higher revenues for the catering industry. It might lead to increased gay-bashings. Neither of these causal predictions affects the validity of the case for same-sex marriage, which ought to be evaluated on its own merits.
This is not to say that consequences are irrelevant in determining public policy-far from it. But that point leads us to the second weakness of the causal-prediction form of the slippery-slope argument:
2. The prediction seems unlikely. Plural marriage won't ever have widespread appeal in this country, as long as sexism and religious extremism are kept in check.
Polygamy typically flourishes only in societies with rigid gender-hierarchies. In egalitarian societies, most people find it challenging enough to maintain a long-term relationship with a single partner. (Indeed, insofar as gay marriage undermines gender hierarchies, same-sex marriage may make plural marriage less likely.) It's also worth noting that many prominent same-sex marriage opponents-including Maggie Gallagher and Hadley Arkes-find the causal-prediction version of the slippery-slope argument unconvincing.
So that brings us to the other version, which asserts a logical connection between same-sex marriage and group marriage. Allow gays to marry, the argument goes, and there's no principled reason for forbidding polygamy.
Why would anyone think this? After all, polygamy can be heterosexual (for example, with a husband having one-to-one relationships with several wives), homosexual, or bisexual. What does one thing have to do with the other?
The answer reveals the third confusion in Kurtz's current argument:
Confusion #3: The myth that gay marriage rests on the claim that people should be allowed to marry "anyone they love." Although careless gay activists occasionally make this claim, it is foolish and easily refutable. Consider the absurd entailments: if I love my sister, I should be allowed to marry my sister. If I love my Ronco Electric Food Dehydrator, I should be allowed to marry my Ronco Electric Food Dehydrator. (Do you know how much beef jerky costs in the store?)
No, the case for gay marriage is not (or not merely) about whom people love. It's about whether these marriages are good for individuals and society. Increasingly, the evidence suggests that they are.
Whether plural marriages are good for society is quite a different question. Switching the focus to that question may be a good debate tactic, but it's hardly an argument against gay marriage, much less a new one.
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Gay Marriage and the Generational Shift.
Most high school seniors support further restrictions on
abortion, but are twice as likely as adults to support legal
recognition of gay marriages. Those findings come from a highly
regarded national poll
by researchers at Hamilton College and Zogby International. It's
further evidence that (1) we'll win the gay marriage fight in time,
and (2) abortion and gay legal equality are not linked concepts
except in the minds of certain activists.
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Who’s Afraid of Brokeback Mountain?
Ok, here's one more excellent Brokeback column, because it's by Pulitzer Prize winner Leonard Pitts Jr. and it backs up my take on Larry David's op-ed (which some commenters insisted was nothing but satire). And I'm very, very petty about such things.
Also, a very moving letter in our mailbag.
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Anti-Gay Conspiracy Theories: The Latest.
The anti-gay right's latest bit of dangerous nonsense gets dissected by Jon Rowe over at Positive Liberty. At issue: a new book by David Kupelian titled The Marketing of Evil. In the section on gay rights, Kupelian suggests that the gay movement is following a "master plan" that was spelled out in a book by gay PR strategists back in 1990. That long-since out of print work is After the Ball: How America Will Conquer Its Fear and Hatred of Gays in the '90s, by Marshall Kirk and Hunter Madsen.
The funny thing is, while After the Ball was a smart
book about using the mainstream media to counter negative
stereotypes and promote honest representations of gay lives, it was
dismissed by many self-styled progressive gay activists at the time
as a "sell out" that advocated "assimilation" and substituted a
"marketing strategy" for radical, grass-roots coalition building on
the left. That right-wing conspiracy buffs think it was some sort
of master plan would actually be funny if it weren't so
hateful.
More Recent Postings
01/1/06 - 01/7/06
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Anti-AIDS or Anti-Sex?
I don't get this protest. The AIDS Healthcare Foundation of Los Angeles is decrying this Viagra ad. "What are you doing on New Year's Eve?" a smiling gray-haired man asks in a full-pager that ran in the Wall Street Journal on Dec. 29. The text reads: "Fact: Viagra can help guys with all degrees of erectile dysfunction-from mild to severe."
"Not only does sending this reckless message contribute to the spread of sexually transmitted diseases, but it is also part of a pattern of irresponsible direct-to-consumer advertising by the drug industry," said Michael Weinstein, president of the AIDS group.
Either they're anti-sex on New Year's Eve, or just reflexively
anti the drug industry (or the Wall Street Journal, or capitalism,
or fun, or...). I'm sure Viagra is misused, by gays and others, as
a party drug. But it has also enabled up to millions of older men
to enjoy sexual relations again. The AIDS activists merely seem
churlish.