Changing Rhetoric on Gay Marriage

First published June 22, 2005, in the Chicago Free Press.

Although little noted at the time, one of the most interesting aspects of last year's Senate debate on the so-called Federal Marriage Amendment was the relative absence of overt criticism of gays and lesbians and their relationships.

Instead, amendment supporters focused primarily on how the amendment would solidify the association of parenthood with marriage and would benefit children by assuring them an optimal family of two opposite sex parents.

As Sen. Orrin Hatch (R-Utah) expressed it, however disingenuously, "This amendment is not about prejudice. It is about safeguarding the best environment for our children."

Even some of the most conservative amendment supporters seemed to go out of their way to explicitly disclaim even a jot of anti-gay sentiment. For instance, lead sponsor Sen. Wayne Allard (R-Colo.) averred, "Gays and lesbians have the right to live the way they want."

And arch-conservative Sen. Jeff Sessions (R-Ala.) emphasized during floor debate, "I do not believe it is appropriate for me to judge someone else's behavior. That is between them and their Lord."

What accounts for this shift in rhetorical emphasis from attacking gays as immoral, sodomical, perverts to a seemingly benign desire merely to help children?

In a fascinating article ("The Federal Marriage Amendment and the Strange Evolution of the Conservative Case against Gay Marriage," in the April issue of the journal PS: Political Science and Politics), former GOP intern Frederick Liu and Princeton University Professor Stephen Macedo suggest that one reason surely is that just a year earlier the Supreme Court in Lawrence v. Texas had struck down all state anti-sodomy laws, removing any judicial legitimacy for conservative efforts to legislate anti-gay animus.

Perhaps more importantly, there was virtually no public outcry following the decision. One need only contrast that reaction with the uproar that followed the court's Brown v. Board of Education anti-segregation decision, or the Roe v. Wade abortion rights decision, still controversial after more than three decades.

A third reason would have to be that public opinion polls have shown a gradual decline in the number of Americans who view homosexuality as "always wrong" from nearly two-thirds (73 percent) some 30 years ago to barely half (53 percent) today.

And certainly a contributing factor would have to be the widespread criticism of Pennsylvania's gift to statesmanship Sen. Rick Santorum (R) as bigoted and intolerant after he harshly criticized the Lawrence decision, lumping homosexuality in the "everything is permitted" category with polygamy, incest, adultery, and bestiality.

Those might or might not induce a thoughtful conservative to rein in his vituperative attacks on gays but it turns out there was more to it than that.

In interviews with a number of aides to Republicans senators, co-author Frederick Liu found that there was a deliberate and concerted effort by Senate Republicans to avoid explicitly moralistic and religious arguments associated with the Religious Right.

One GOP legislative aide described her senator as "a religious man" whose opposition to gay marriage came first but who then "put words to it" afterwards that completely avoided any religious arguments.

Another legislative aide said his senator decided not to include in his floor statement references to "the Judeo-Christian tradition" that were in his original draft.

Yet another staff member acknowledged that her senator felt he could not reveal his religious reasons for opposing gay marriage for fear his constituents would view him as homophobic.

And what of Sen. Rick "Man-on-Dog" Santorum? Liu and Macedo report that even though Santorum was a fervent supporter of the amendment, the Senate GOP leadership decided not to have him be a lead sponsor, hoping thereby to evade the kind of criticism Santorum himself experienced.

In a way it is good news if nationally prominent politicians feel that they cannot with impunity directly attack gays and lesbians or even gay and lesbian relationships.

But there is a downside as well. If legislators - and voters - reach their positions about gay issues on the basis of a religious commitment but offer only what we might call "social policy" arguments for their positions, then any counter-arguments we make to refute or disprove those arguments will have no effect on their position.

The legislator, and supportive voters, are immune to counter-evidence because "evidence" was never the reason for their position in the first place. The legislator will simply repeat his argument so long as he thinks it sounds plausible and when that is no longer possible he will simply hunt around for some different "social policy" reason.

You can encounter the same problem in discussions with religious fundamentalists. One woman assured me once that homosexuality was obviously unnatural because even dumb animals didn't do it. When I listed a number of species in which homosexuality has been observed, she shot back, "Well, they're just dumb animals. What do they know?!" Evidence counted only when it supported what she already believed. Counter-evidence had no significance.

How we conduct our legislative lobbying and public discussion in light of this fact is a knotty problem, but being aware of it is a necessary beginning.

I Am a Gay American

I am a gay American.

Last summer, when I heard disgraced New Jersey Gov. James McGreevey use this phrase to deflect the country's attention from his extramarital affair with a man, I laughed.

Huh, I thought. Good spin.

And then I forgot about it - sort of.

Every now and then the phrase "I am a gay American" would cross my mind, and I wondered why it seemed so startling. Perhaps "gay American" seems strange because as gay men and lesbians, we are used to categorizing ourselves as outlaws - and for a long time we were, literally, living outside the law since our relationships were illegal, and of course still aren't legally validated in most states.

We are used to fighting these unfair laws. We are used to fighting the government, particularly this government, this administration. And we have relished our status as outsiders, breaking society's gender rules, creating our own culture, redefining what it means to have a family. Redefining what it means to be in love.

Every year, Gay Pride celebrates this. We find the most outrageous clothes in our closets, and we march and sway and dance to show our cities and ourselves that there is strength in numbers, that there are many, many, many of us here, and we are living the way we choose - which, it seems, it not the way most mainstream Americans want us to live. We are different, we say. And we are happy about this difference and we love this difference and we want this difference to be accepted.

And yet, even in seeking acceptance, we are the same.

I am a gay American.

McGreevey said this for the wrong reasons, but I think he used the right words. As pundit Andrew Sullivan has pointed out:

It was the announcement of a new category, a new identity. . . .After all, 'gay American' is designed to sound like 'African-American.' It insists on the fixed identity of a group of citizens. And it celebrates their public citizenship: These people are as American as they are homosexual, and their homosexual orientation is as unremarkable a feature as the color of someone's skin.

Isn't this what so many of us have been saying, but in different words? We're here. We're queer. Get used to it. We're not going away. Our identity has a culture of its own, rules of its own, joys and trials of its own. But most of us also live easily in the larger American culture. We are assimilated. We have jobs and cousins and roots in hometowns. We ride the bus. We go camping. We buy iPods. We want yards and fireplaces and granite countertops and Jacuzzi tubs. We walk our dogs and treasure our cats. We send our mom flowers on Mother's Day. We are gay Americans.

We are not fighting against our country when we battle for our civil rights. We are fighting for it. We are fighting for a better America, a more democratic America, an America that gives equal opportunity to its citizens whether black or white, male or female, gay or straight.

We don't need to move to Canada to be free to be gay. That is, we shouldn't need to move. Our fight is here. Our war is here. And if, right now, we are ashamed to be Americans - because of our country's rampant xenophobia, because of the narrow-mindedness that threatens gays everywhere - well, there is no better reason to redefine what it means to be American. Redefinition is, after all, our specialty.

I am a gay American.

The phrase makes me wish a little that Pride month was longer, that it stretched into early July, that it included Independence Day. What better time, on that most American of days, to declare that we want what all Americans want: to live our lives the way we choose, to pursue happiness, to have representation in our government, to be free from laws and social restrictions that pressure us into being something less than what we are.

I am a gay American. And I've never been more proud of that.

Social Conservatives and the Race Card.

Libertarian lawyer and college professor Jonathan Rowe agrees with Andrew Sullivan that Jews are a better analogy to gays than blacks. He argues that "although there certainly are similarities between blacks and gays, comparing the two in the context of a pro-gay argument often can be rhetorically ineffective."

And, quite interestingly, he notes:

Ironically, this notion that religious right posits - that gays aren't real minorities because they aren't economically impoverished - has strong leftist overtones. It was Mary Francis Berry who once infamously said, "Civil rights laws were not passed to protect the rights of white men and do not apply to them." ...

The conservative/libertarian view on the other hand thinks discrimination should be forbidden regardless of the economic status of the "group" in which a discriminated-against person is a member. . . . And that's because the conservative-libertarian view on this matter tends to be more individualistic as opposed to collectivistic. Sure whites and Asians as groups may be better off. But such discrimination occurs on an individual basis. And many whites and Asians who may be discriminated against are anything but economically privileged. The same thing can be said of gays.

Social conservatives are willing to veer left, it seems, if it serves to help inflame blacks against gays.

Update: Jonathan Rowe clarifies that libertarians are likely to be opposed to public (governmental) rather than private discrimination, but if there are going to be such laws, they should be interpreted to apply equally to all.

A Real American Gulag?

Rick Sincere blogs about the case of "Zach," a 16-year-old from Bartlett, Tenn., who was sent to an "ex-gay camp" where young homosexuals are subjected to a rigorous discipline in an attempt to turn them straight.

If this is all on the level and not an elaborate hoax (note: Zach's last name isn't known), then it is indeed pretty gruesome. On his own blog, Zach writes that "I've been through hell. I've been emotionally torn apart for three days... I can't remember which days they were...time's not what it used to be," and he describes the camp's exhaustive set of rules, which include "No hugging or physical touch between clients. Brief handshakes or a brief affirmative hand on a shoulder is allowed."

No, it's not really equivalent to the death camps of the gulag, either, but since Zach is truly an innocent victim, the description is more appropriate than using the term to refer to a military prison for captured combatants in an ongoing war.

Update 1: via The Washington Blade. Tennessee to investigate the ex-gay camp, but "emotional abuse is difficult to prove in the state."

Update 2: Tennessee has "investigated" and finds "no evidence of child abuse at the camp," predictably.

More Recent Postings
6/12/05 - 6/18/05

Chipping Away at GOP Intransigence.

Despite what some Democrats claim, ending government discrimination against gays requires making inroads in the GOP. And it can be done. The Washington Post recounts that U.S. Rep. Wayne Gilchrest, a Maryland Republican and former Marine sergeant, originally voted for "don't ask, don't tell" in 1993. But he now rejects that policy and is seeking to life the ban on gays in the military.

Gilchrest is only one of four Republicans who have joined with Democrats in co-sponsoring repeal legislation, but his strong record on veterans' affairs give his endorsement added significance. The repeal won't pass anytime soon, but its ultimate victory will depend on more GOP inroads being made.

The Real ‘Old Time’ Religion.

Remember when evangelists would preach the Gospel of personal redemption rather than promote the politics of anti-gay discrimination? Well, Billy Graham does. At age 86, here's how he's described in a Washington Post profile:

Cautious even in his more active years, Graham now seeks to shun all public controversies - preferring a simple message of love and unity through Jesus Christ. Asked about gay marriage, for instance, Graham replied that "I don't give advice. I'm going to stay off these hot-button issues."

Here's hoping his legacy will eventually be an inspiration to future evangelists.

A Moderate Christian’s Call to Arms.

An op-ed in Friday's New York Times, Onward, Moderate Christian Soldiers, is by John Danforth, an Episcopal minister and former Republican senator from Missouri - and recent addition to the Republican Unity Coalition's advisory board. He writes that "People of faith have the right, and perhaps the obligation, to bring their values to bear in politics, but:

Moderate Christians are less certain about when and how our beliefs can be translated into statutory form, not because of a lack of faith in God but because of a healthy acknowledgement of the limitations of human beings....

For us, religion should be inclusive, and it should seek to bridge the differences that separate people. . . . Christians who hold these convictions ought to add their clear voice of moderation to the debate on religion in politics.

It's a nice sentiment, but really, given the decline in the mainstream Protestant churches (due to, in large measure, a too-frequent celebration of secular leftism over spiritual substance), it's unclear how many moderate Christian soldier there actually are.

Saving the Democrats from Themselves.

This Wall Street Journal editorial hits the nail on the head in its analysis of the Democratic Party's current leadership, "which has arguably never been more overtly hostile to free markets, deregulation, tax reform and free trade than it is today."

And let's not forget, the party's current leadership "has made Abu Ghraib and Guantanamo its main policy touchstones for the war on terror." This week's outburst by Sen. Dick Durbin, D-Ill., comparing U.S. military terror-prison guards with Nazis is only the latest incident.

Which is a very bad thing, given that this is also the party that - at least rhetorically - favors gay rights. Unless the Democrats can be drawn back toward the center and away from reflexive obstructionism, they will become increasingly marginalized - with their support for gay rights being seen as just more evidence of their capture by the left.

A Republican Party dominated by cultural reactionaries, and a Democratic Party dominated by appeasement-minded, anti-market reactionaries does not bode well for anyone's future.

Update: This isn't new, but political columnist Michael Barone (of U.S. News & World Report) makes some good points on how blogosphere politics have driven the Democrats to the left - and into an electoral cul de sac. He writes:

Now the big money comes from the left blogosphere and Bush-hating billionaires like George Soros. Dean gives them what they want. As Dean says, "I hate the Republicans and everything they stand for." Hate. But Bush hatred was not enough to beat Bush in 2004-while Democratic turnout was up, Republican turnout was up more-and doesn't seem likely to beat Republicans in 2006 and 2008.

He’s Baaack.

The original "Gay Patriot" has returned -- feisty as ever.

I envy the wide-ranging comments the GP site gets (helmed solo these past few months by "GP West"). This blog's comments zone is dominated by vitriol-spewers, and more than a few readers tell me they now avoid commenting because of it. I don't blame them, but I'm not sure what to do about it. As reader "Remy" said in explaining why he will no longer comment, "it's the tragedy of the commons" -- the destroyers ruining what's publicly accessible.

I guess one reasons our comments are so disparaging is that the GP site is clearly branded as a home for conservative gay thought, whereas many find their way here hoping for some kind of "independent" leftwing analysis, and are shocked, shocked to find a site that gives voice to center-right, conservative, and libertarian viewpoints. But it's the blog that truly sets them off - some visit every day to denounce whatever I write, often in multiple comment postings. Often, I don't even bother to read their latest round of insults, and I sympathize with those of you who don't, either.

Beyond Left and Right?

IGF author and Yalie James Kirchick passed along an interesting (if long) analysis by Yale junior Daniel Koffler in the leftwing publication Dissent, titled "On the New Student Politics."

Koffler wants to save the left from its excesses (campus speech codes, for example, and "The transformation of the left into a mouthpiece for every sort of cultural grievance, whether legitimate or not"). But it's worth noting that he finds among today's students (or perhaps it's mainly Ivy Leaguers) that:

Though there are important differences, the struggle for gay rights is something like my generation's version of the civil rights struggle. Left, center, and yes, right as well, the prevailing consensus among college students, if vague and only half-articulated, is the idea that powerful people older than we have perpetuated a gross injustice, and that of the two major political parties, one is contemptible in its cowardice while the other endorses a constitutional validation of second-class citizenship.

And he sees something of a new "alternative politics" emerging:

This politics assumes as its foundation the inherent worth of individual rights and strives toward the maximization of individual freedom. The beliefs that define it and cluster around it - recognition of gay rights, abolition of arbitrary discrimination, the end of the drug war and the legalization of soft drugs, the curtailment of content regulation in the media..., the belief in the inherent worth of classical liberal values, and the willingness to defend them by force against real external threats &#8212 are thus analytically connected to each other as expressions of the principle of liberty-maximization.

Of course, students always think they're hatching a "new politics," but let's at least celebrate the possibility that a sort of new "liberty-maximizing" alignment might be afoot.