Beyond Equality and Liberty

From its inception, the gay civil rights movement has had two basic impulses, both of which I share. One has been equality, holding that gays shouldn't be discriminated against. The other has been liberty, holding that individuals should be largely free of government interference. Together, these impulses have gotten us where we are today: no more bar raids or sodomy laws, the free publication of gay magazines and newspapers, the formation of gay organizations, a smattering of laws protecting gays from employment and other bias. These are large accomplishments.

Yet we have hit a wall of public disapproval on gay marriage and, more broadly, on the morality of homosexuality itself. After moving the polls in our direction for a decade or so, the number of Americans who support gay marriage has now stabilized and even turned slightly against us. The same trend is evident when people are asked about the morality of homosexuality. Republicans, by 68 percent to 27 percent, believe homosexuality is morally wrong. Even Democrats muster only a bare majority for the view that homosexuality is morally acceptable (50 percent approving to 46 percent disapproving).

How do we breach this wall? Not, I think, by more talk of equality and liberty. We have won over just about everyone who will be moved by such arguments. That leaves more than half the public still unpersuaded.

Marriage is the perfect example of why we've hit this wall. Marriage is neither egalitarian nor libertarian. It is practically the opposite of these things and that is why appeals to anti-discrimination principles and individual rights fall flat.

Consider first how inegalitarian marriage is. Marriage, by law and custom, is judgmental. It says that some ways of living are better than others. Some relationships are better than others. Sex within marriage is better for people than sex outside of it. Monogamy is better than promiscuity. People should make babies when they are married, but not when they are not. Children are better off raised by two people than by a single person or by three people or by a commune.

Marriage gives to some relationships, but not to any others, an array of social support, benefits, and legal protections. In other words, marriage creates status hierarchies that are antithetical to the liberal egalitarianism that has dominated the gay civil rights movement for almost 40 years.

One can make an egalitarian argument for gay marriage. This is what many left-progressives have rather uneasily tried to do. One can argue, for example, that gay marriage is justified on the principle that gay couples are relevantly like straight couples and so should not be treated differently. That's right as far as it goes, but it still means we're saying that gay-couple relationships are better than other relationships and many progressives are uncomfortable saying things like that. Gay marriage gives nothing to single people and to relationships - gay and straight - that don't fit the traditional pattern of two-person monogamy.

Honest progressives have long understood this and for that very reason have resisted the gay-marriage movement. They do not like status hierarchies and correctly see gay marriage as reinforcing them. They want everyone to be given legal protections and benefits, regardless of the form, nature, and numerosity of the relationships they enter.

Now consider how unlibertarian marriage is. Nobody is literally forced to get married. But civil marriage, as an institution shaped by the state, puts the government in the position of backing some relationships at everyone's expense. Each of the various legal benefits associated with marriage carries a price that is borne through taxes by everyone, including those who don't want to marry. Marriage is a tax on being single or polygamous.

One could make a libertarian case for marriage by arguing that marrying is a choice that should be freely open to autonomous individuals. But this view misses the point of marriage, which is not a celebration of individual autonomy. Marriage is about duty to others, not freedom for oneself. Further, in marriage, the state is hardly neutral about the choices made by individuals. It encourages people to make the marriage choice and then, once they've made it, regulates the choice by conditioning their conduct in it and their exit from it (through divorce).

That's why some libertarians eschew gay marriage in favor of abolishing marriage altogether and replacing it with a system of allowing people to enter enforceable private contracts for mutual care. Under this arrangement, individuals would choose the terms of their own relationships, not have those terms imposed by the state through marriage. One would "contract" a relationship as one contracts a business deal. This proposal is completely utopian (or in my view, dystopian), since abolishing state-sanctioned marriage after centuries of state involvement is even less likely than the election of a Libertarian Party president. But for a libertarian it has the academic virtue of consistency.

Marriage is founded on neither equality nor liberty. It is in some ways the negation of these. It is a way of binding people together in a union that is thought to benefit the couple, any children they raise, and the community around them, to an extent that other relationships simply do not. That's why it is a social institution. It is shaped by and helps to nurture the society in which it arises.

If we are to get gay marriage, we must be able to appeal to the bulk of the country that properly understands marriage in this way. We must argue for it not primarily on the basis of anti-discrimination principles, or on the basis of individual liberty, but on the basis of community. It is like nothing else we've fought for.

Message to GOP: Mind Your Center.

As the Washington Post headline puts it: Business Groups Tire of GOP Focus On Social Issues:

From Wall Street to Main Street, the small-government, pro-business mainstay of the Republican Party appears to be growing disaffected with a party it sees as focused on social issues at its expense.... Mark A. Bloomfield, whose business-backed American Council for Capital Formation pushes for lower taxes on savings, investment and inheritances, said the business community is no longer the GOP's base.

And neo-libertarian John Henke says that the administration's catering to the religious right while ignoring the "libertarian center" could cost it dearly, if true small-government conservatives decide sit out the next election. He writes:

maybe this'd be a good time for Republicans to notice that their constituency consists of more than evangelicals. They might even consider trying to actually appeal to that "libertarian center." Otherwise, '06 looks like it might be ugly for the GOP. (Hat tip: instapundit)

All of which might leave the middle up for grabs - if the Democrats weren't blindly swerving to the left.

More Recent Postings
5/22/05 - 5/28/05

McCain Beats Frist; Enviros Beat Gays.

It could be we've just seen the first head-to-head battle of the 2008 GOP primary, and John McCain has bested Bill Frist. An analysis by the AP:

A bipartisan deal could undercut Frist's political standing and his remaining months as Senate leader.... Among the Republicans seeking a compromise on the judicial nominees is a potential 2008 rival to Frist - Sen. John McCain, R-Ariz. Last week, it was McCain who appealed to his Republican colleagues at a closed-door meeting to compromise with the Democrats, a notion Frist rejected.

I know, the conventional wisdom is that McCain is seen as too moderate to get the GOP nod (though he'd easily win the general election if he did). But the CW has often been surprisingly, stunningly wrong.

By the way, did you notice that the judicial compromise left the Democrats with the right to squelch two of Bush's judicial nominees, and who got squelched? It was not the most anti-gay of the group, William H. Pryor Jr., nominated for the 11th U.S. Circuit Court of Appeals, who now is on his way to confirmation. Says planetout.com:

As Alabama attorney general in 2003, Pryor urged the U.S. Supreme Court to uphold the rights of states to outlaw consensual gay sex, comparing laws against gay sex to laws against pedophilia and bestiality in a friend-of-the-court brief.

Instead, the two deemed beyond the pale are, first, former Interior Department solicitor William Myers, nominated for the 9th U.S. Circuit of Appeals, who, Newsday reports, is vigorously opposed by environmentalists for what they say was an anti-environment agenda at Interior and as a private lawyer and lobbyist for cattle and mining interests. And second, Henry Saad, nominated for the 6th U.S. Circuit Court of Appeals, who has invoked the ire of Senate minority leader Harry Reid for reasons not all that clear, other than Reid's insinuations about "a problem" he said is in the nominee's "confidential report from the FBI" (it may be that Reid's pseudo-McCarthyite tactics against Saad boxed him into a corner he couldn't get out of).

I guess when it comes to beltway clout, the Sierra Club beats out the Human Rights Campaign. Maybe HRC should demand a refund from the Democratic Congressional Campaign Committee!

Update: The Christian Science Monitor analyzes what the filibuster deal means for the 2008 presidential race:

Among those who appear to be actively considering a run, Sen. John McCain (R) of Arizona emerges a winner, analysts say.... The agreement on judges "certainly burnished his credentials as an independent thinker and someone who's a problem-solver," says John Green, a political scientist at the University of Akron.

McCain's biggest drawback is that his shoot-from-the-hip style makes him unpopular with religious conservatives. But he opposes abortion, and could become palatable to that GOP bloc if he appeared the strongest Republican to face the Democratic nominee, analysts say.

More Recent Postings
5/15/05 - 5/21/05

Pride Month — Doing It Right

First published May 25, 2005, in the Chicago Free Press.

The celebration of gay pride originally confined to the end-of-June Gay Pride parades has now expanded to include the entire month of June as Gay Pride Month, so it seems appropriate to say something about the celebration of gay pride and how to do it better.

Over the years I have held a variety of views about gay pride:

  1. Being gay is simply a natural characteristic like having blue eyes or brown hair. There is no rational basis for feeling pride about things that are just the way we turned out and that we had nothing to do with accomplishing.
  2. Gay Pride is a healthy and reasonable response for gays in a society where many people still view being gay as something to be ashamed of or embarrassed about or discreetly silent about. It promotes a positive message to closeted gays and skeptical heterosexuals to counter and neutralize the negative messages promoted by anti-gay elements.
  3. Although being gay is not itself a valid basis for pride (see No. 1), people can take legitimate pride in how well they handle being gay: How comfortable they are with being gay, how well they integrate being gay into their character and daily life, how adeptly they deal with other people, how much they achieve as an openly gay person.
  4. Gay Pride is so 1970s. The slogan was invented back when the main gay activist goal was to lure gays out of the closet and promote a healthy self-esteem. But our current goals are civic and social equality for gays and gay relationships. The old slogan doesn't address those newer goals. Instead it sounds as if we were stuck in some sort of narcissistic time-warp.

Take your pick.

But what I miss in most organized Gay Pride celebrations is any real effort to go beyond the mere assertion of gay pride, any sense that something follows from that either to solidify the gay pride we assert or to give gay pride some focus or direction. It is as if we satisfy ourselves with shaking our pompoms and shouting "Gay Pride." But what follows from that?

So it seems to me that our gay communities should make some effort to use Gay Pride Month to promote our goals, increase our effectiveness, heighten our awareness, lure people into greater involvement and promote community contacts.

I was led to this line of thought when a friend recently asked if there were any Gay Pride Month events that were "must see." I honestly could not think of any. That surprised me. And I think we are missing an opportunity. For instance:

  • Some political, business or social service groups could invite a well-known gay or gay-supportive figure to give a speech on an important current gay issue. Think, for instance, of Barney Frank, Camille Paglia, Gavin Newsom, Andrew Sullivan or Evan Wolfson. The idea is to have an event that would draw a large number of people, stimulate thought and add to their political/social awareness.
  • Gay and gay-friendly religious groups could join together to hold an ecumenical Gay Pride Month religious or "spirituality" service. Many people are religious or "spiritual" and such an event might help people find ways to integrate their religious beliefs and their sexuality. It might also foster a willingness by the various religious groups to work together toward common goals.
  • Gay Pride Month would be a good time to hold an annual community forum featuring four or five prominent local gay community functionaries - political activists, business owners, heads of social service agencies - to discuss "The State of the Gay Community," share their concerns, answer questions about their businesses or organizations, listen to suggestions and criticism and so forth.
  • A few years ago Chicago started a program designating one book that it encouraged everyone to read. Gay communities could do the same thing. The idea is to give everybody one thing in common to provide a basis for conversation. Possibilities: Mary Renault's The Persian Boy, Sheila Ortiz Taylor's Faultline, Eric Marcus' Making Gay History, or George Weinberg's timeless Society and the Healthy Homosexual. I think all of these are in print and in paperback.

If you are not impressed by any of these ideas, create your own. The point is to use Gay Pride Month to create circumstances where gays and lesbians get to know a few more people, learn a little more, develop a greater appreciation of the community they are a part of and experience something in common beyond the mere datum of being gay.

Aristotle observed that statesmen rightly try to promote friendship more than anything else. That would be good advice for our community leaders. People who may not be moved to do anything on their own or for themselves may be more likely do things with their friends and for their friends.

Land of Liberty?

This week, a "moderate" Republican governor with national aspirations, Maryland's Robert Ehrlich, vetoed a modest domestic partnership bill and mouthed drivel about protecting the "sanctity of marriage," in an attempt to curry favor with religious conservatives. Meanwhile, the supposed "moderate" bloc of congressional "New Democrats" pledged to oppose a modest free trade expansion with Central America, in deference to big-labor contributors who think the U.S. government can freeze the present manufacturing sector in place by forfeiting the prosperity and growth that freer trade invariable brings.

One party thinks its purpose is to stifle personal liberty and the familial relationships two life partners can enter into, and the other thinks its purpose is to stifle economic liberty and the business relationships that trading partners can enter into. That's politics, I guess.

P.S. I'll be away for a few days. Catch you later. (Also, new letters in the mailbag)

Not Monolithic Blocs.

A new Pew Research Center study makes clear that Republicans are no longer the party just of the wealthy, nor are Democrats the party of the working class. And both have constituencies of anti-gay conservatives (though a bigger percentage of the GOP base). As the Washington Post's report on the study puts it:

Both parties now are coalitions of the wealthy and not-so-wealthy, and of well-educated and less-educated voters. Taken together, the findings show why neither party can take its coalition for granted in future campaigns.

Republicans can be pro-business Enterprisers, Social Conservatives or Pro-Government Conservatives, while Democrats can be Liberals, Disadvantaged Democrats and Conservative Democrats. According to the study:

While agreeing with the conservative position on most key issues, Enterprisers [9% of the general population, 11% of registered voters] are distinguished from other Republican-leaning groups by their relative lack of intensity with respect to individual or social moral beliefs. . . .

Overall, divisions over social and religious issues continue to be far more intense on the left than on the right. Conservative Democrats - who represent 14% of the general public [15% of registered voters] and a quarter of John Kerry's voting base in 2004 - tend to agree with Republican groups more than other Democratic groups when it comes to key social issues such as gay marriage and abortion.

Which may be why, despite all the gay money Democrats receive, their pro-gay actions at the national level have been mostly rhetorical, and often their record has been scarcely better than that of the Republicans (the Defense of Marriage Act, Don't Ask, Don't Tell, etc.).

Want to know what category you fit into? Take the test. (Not surprisingly, I'm an Enterpriser).

Drugs, Sex, and AIDS

First published May 18, 2005, in the Chicago Free Press.

Recently, our fair city of Chicago issued a report by an ad hoc group calling itself The Chicago Task Force on LGBT Substance Use and Abuse.

The original advocates of the report deserve credit for wanting to address a long-standing problem in the gay community. But the final report, long-delayed and over-edited in order to offend no one, was so infected with drug treatment industry myths, mealy-mouthed social worker jargon and such feeble suggestions for dealing with the problem that it was almost useless.

The report called for a "safe, visible, sustained and supportive dialogue on the topic of substance use and abuse." It confidently asserted that "not all substance use is problematic." It preachily admonished us all to be "supportive and nonjudgmental about ... substance use and abuse" and urged us to "find common ground on which to define when substance use becomes abuse."

Well, no. I don't plan on being "supportive and nonjudgmental" or to regard "substance use" as non-problematic, or to try to "find common ground" with users who disagree. Here is what we know: Many drugs can and do cause long term physical and mental damage to the user, damage not immediately apparent. And some drugs increase a person's desire to engage in sexual behavior with high risk of HIV infection.

One recent study in the Journal of Urban Health as summarized by the Gay Men's Health Crisis newsletter found that "Drug use was significantly associated with higher numbers of sex partners, higher social isolation scores, and participation in unprotected receptive anal intercourse."

Another study found that people who used meth with other drugs such as cocaine and ketamine "reported more unprotected sex with more partners of ... unknown status. Heavy drug users also had higher scores on tests of impulsivity and negative self-perceptions."

A third study of meth and cocaine use concluded: "During periods of drug use, high risk sexual behavior increased along with the increasing frequency of drug use. ... To reduce and prevent risks of HIV, no level of use of these drugs should be considered 'safe.'"

What is the solution? There is no solution. Drug use is not going away. All we can do is promote strategies to limit the wider use of drugs. Clearly, we must find out what messages can best persuade current users to stop, discourage young people from starting and break the connection between drugs and the social aspects of being gay. Important steps to take include:

  • Publicize - without exaggeration - the effects of the various drugs.This includes the biochemistry of how they work, the physical effects they produce, the behaviors they can lead to, and long term physical and mental impact. Drug dealers seldom provide that information.
  • Be judgmental! Instead of being "supportive and nonjudgmental," be judgmental and non-supportive. The capacity for judgment is why God - and evolution - gave you a brain. Use it or lose it.
  • Don't let people get away with the fiction that they are not responsible for their drug use. "Addiction" is a loaded word used to convince people that they are not responsible for their actions - that it is the drug's fault. But when we say people are "addicted" to a drug we only mean they like to use it and don't want to stop enough to actually stop. The same is true of the so-called "disease" of "alcoholism."*

In fact, people on their own can and do stop using drugs all the time. Cigarette smokers stop smoking, heavy drinkers cut down or stop drinking entirely, cocaine users stop using cocaine and meth users stop using meth. They just have to want to enough.

For many people, drug use as a way of avoiding coping with other problems in their lives: a hostile or unsatisfying home environment, stress at work, boredom due to a lack of any real interests or goals, personal fears or insecurities, a failure to develop enjoyable social contacts.

As psychologist Jeffrey Schaler pointed out five years ago in Addiction Is a Choice (Open Court, 2000), "I've witnessed over and over again that focusing on clients' drug-using behavior is no way to help them give up drugs. ... It's only by talking about their problems-in-living and encouraging them to confront and solve those ... that the drug use subsides."

Making this more widely known might encourage people to address their problems instead of using drugs as a coping or avoidance technique. The more that people understand their own motivations - and know that we are on to them - the more likely they are to act rationally.

Finally, young people have had too little time to learn from painful experience that the seeming benefits of drug use are immediate and the costs tend to be in the long run. And, of course, some adults never seem to learn. How we communicate that information effectively is a problem. But weak, permissive task force reports seem a counter-productive way to start.


*See, for elaboration, Herbert Fingarette, Heavy Drinking: The Myth of Alcoholism as a Disease (University of California Press, 1988).

Gays Defending Gay-Bashers.

Cathy Young takes on the cultural relativists. She writes:

Welcome to Politically Correct World, where acts that would merit unequivocal condemnation if committed by white males are viewed in a very different light when the offenders belong to an "oppressed group."

It's worth the 10 seconds it will take to register with the Boston Globe.

Update: The bashing made the Times of London, which reports:

For the first time, the Amsterdam Tourist Board has issued a warning to gay visitors to be careful in the city. In the first country to legalise homosexual marriage, gays are increasingly fearful of holding hands in public. Some have been chased out of their houses and middle-class gays are moving to rural areas for safety.

Perhaps all the negative international publicity will embolden the Dutch to stand up and defend their way of life.

Left Foot First, as Always.

Human Rights Campaign head honcho Joe Solmonese tells D.C.'s Metro Weekly (in the May 12th issue) that "there are a lot of people out there who are advancing this [anti-gay agenda] because it makes rich people richer and poor people poorer."

Yeah, that's it, Joe. Fall back on hackneyed, leftist dogma to explain the culture wars. But thanks for making it clear how you intend to address the fears of middle Americans that gay marriage is too great a change to bedrock social institutions. Just explain that they're being manipulated by the forces of capitalist exploitation. I'm sure they'll jump right up to support your oh-so appealing redistributionist political agenda!

By the way, Solmonese's remark could have come right out of What's the Matter with Kansas, the best-seller by liberal strategist Thomas Frank, alleging that the rightwing uses hot-button social issues (gays, abortion) to fool the "working class" into voting against its economic self-interests. The problem with this thesis is that higher taxes and more business regulation are not in the interest of working Americans, since such policies slow the very economic growth that creates jobs and raises incomes.

But to Thomas, Solmonese and many on the left, working Americans vote Republican because of "false consciousness." It's exactly the sort of paternalistic, patronizing thinking that ensures Democrats will keep losing national elections for years to come.

Update 1: I disagree with the Wall Street Journal's James Taranto regarding his embrace of social conservatives, but I think his critique of liberal condescension toward the "working class" hits the nail on the head. Those on the liberal-left would help themselves if they listened - but they won't.

Update 2: Reader "Remy" comments:

Steve may have let his reflexive opposition to leftwing ideologues like Matt Foreman of NGLTF color his critique of Joe Solmonese somewhat. Foreman is a redistributionist; Solmonese is just an abortion rights advocate.

Still, even if Solmonese's remark was not some major declaration, I think it does reveal a worldview that refuses to see that the values fight is about, well, "values" (rather than economics). And given Solmonese's background as an abortion activist, maybe he'd prefer not to face that truth (i.e., associating abortion and gay rights doesn't win support for gay rights among so-called "red state" voters).

More Recent Postings
5/8/05 - 5/14/05

Weekend Reading.

A Washington Post editorial, "Gay Marriage Overreaction," is spot on. In discussing the ruling by a federal district court judge in Nebraska striking down that state's anti-gay marriage amendment, the Post notes something I had missed - the decision by judge Joseph F. Bataillon does not claim that a gay marriage ban per se would violate the U.S. Constitution, but that the broad sweep of this particular state amendment, voiding civil unions and any partnership agreement - even preventing gay couples from making organ donation decisions for one another - was the constitutional offense.

That hasn't stopped anti-gay advocates from claiming, disingenuously, that the ruling proves the case for a federal marriage amendment. But then honesty never has been their policy.

Another editorial worth noting: The latest issue of the Washington Blade offers what last week's print issue didn't - a discussion by editor Chris Crain, recently bashed by Moroccan immigrants in the Netherlands, of the cultural conflict in a country with the most inclusive gay rights laws, and the most illiberal of immigrant populations.

Crain strives to take a middle path here, criticizing those who blame the Dutch for being racists who are intolerant toward immigrants (who are thus provoked into bashing gays), while also castigating those who would limit the rights of immigrants. He writes:

The Dutch Culture Wars should not be fought by shutting down the borders or by using the law to silence those who do not share the country's tradition of tolerance. Those are the arm-twisting tactics of the cultural conservatives who control the majority party here in the U.S.

Whether a tougher stand is necessary to preserve their liberal society, however, will be for the Dutch, not American tourists, to decide.