What Happened to Federalism?

IGF contributing author David Boaz has penned an insightful commentary taking aim at the GOP for abandoning its commitment to federalism on marriage and other issues:

Perhaps most notoriously, President Bush and conservatives are pushing for a constitutional amendment to ban gay marriage in all 50 states. They talk about runaway judges and democratic decision-making, but their amendment would forbid the people of New York, Massachusetts, Connecticut, California or any other state from deciding to allow same-sex marriage.

Democrats, on the other hand, bear some responsibility for this situation:

Liberal Democrats...spent 50 years eroding federalism and expanding the power of the federal government at every turn. ... For decades, liberals scoffed at federalist arguments that the people of Wisconsin or Wyoming understood their own needs better than a distant Congress. ... Now those chickens have come home to roost.

Reader Tom Scharbach commented (on the item below) about the GOP, "pandering out of cynical self-interest cost the party it's soul, it's reason for being, it's genius. The party no longer stands for Constitutional conservatism..." I'll add that it's certainly an opening for the opposition, which unfortunately remains frozen in time. As Boaz notes, "most liberals can't give up their addiction to centralization."

And the Pot Gets Stirred Some More.

A federal district court judge has struck down Nebraska's state constitutional amendment banning gay marriage and civil unions, passed overwhelming by the voters of that state, saying it violates the U.S. Constitution.

In all likelihood, the Eighth Circuit Court of Appeals will reverse the decision; and if it doesn't, the U.S. Supreme Court will have its shot. And then there's the issue of whether the whole brouhaha will invigorate the now-stalled federal marriage amendment push in Congress.

I say this not to wallow in pessimism, but because it's vital to understand that actions breed reactions, and if we're not prepared to deal with the consequences, we'll continue our record of initial judicial victories followed by a tsunami of defeats.

Targeting a Homophobe, Hitting Us All.

An interesting story in the L.A. Times about the outing of closeted (as of last week), homophobic Spokane mayor James West. While I'm in no way condoning West, who is at best deeply disturbed and at worst just plain evil, the tactics of the mayor's antagonists at the Spokane Spokesman-Review are also disturbing, and none too gay friendly.

The Spokane paper claims it wanted to investigate charges - made by two men with criminal drug records - that West molested them years ago when he was a Boy Scout leader. So the paper created a fictional 17-year-old to entice West on a gay chat site. [Note: other stories have said the phony flirt was 18 years old.] Well, excuse me, but if they wanted to investigate alleged pedophilia, shouldn't the paper have created a fictional 10-year-old? Do the editors care about the distinction between homosexuality and pedophilia?

The reason this matters is because the story is being played not as "closeted mayor persecuted gays" but "gay mayor could be pedophile." In this respect, it's like those who outed Jeff Gannon (a conservative who, unlike West, did not engage in anti-gay polemics) by demonizing his consensual, adult sex life and claiming it made him unworthy of the refined company of White House reporters. Our straight liberal friends seem quick to repeatedly play on anti-gay (and, specifically, anti-gay sex) prejudices to destroy their target, as gay liberals cheer them on - and then wonder why so many Americans view gay marriage equality as beyond the pale.

Dutch Mistreat?

The Washington Post reports (scroll down) on the bashing of Washington Blade editor Chris Crain in Amsterdam, mentioning the "ongoing culture wars between Moroccan immigrants and Dutch natives" (a bit of information, I've noted, absent from the printed version of the account in Crain's own paper).

Judicial Nominees, Pro and Con.

The Log Cabin Republicans break with the Bush administration and oppose the nomination of William Pryor to the 11th Circuit Court of Appeals. As they note in their press statement, Pryor:

authored an amicus brief in the United States Supreme Court defending Texas's discriminatory [sodomy] statute.... Mr. Pryor's brief compared same-sex relationships to pedophilia, bestiality, and necrophilia.... In Lawrence v. Texas, Justice Anthony Kennedy - who was appointed by President Reagan - dismissed as "demeaning" the arguments that Mr. Pryor made before the Court.

Once again, LCR (the only gay political lobby that refused to endorse a presidential candidate who supported constitutional amendments banning gay marriage) shows more independence than the slavishly partisan Democratic gay lobbies, among which I include the Human Rights Campaign.

On the other hand, one Bush judicial nominee who doesn't deserve the bad rap she's getting from "progressives" (gay and otherwise) is California Supreme Court Justice Janice Rogers Brown. As I've argued before, her ruling in a gay adoption case has been so willfully distorted it's slanderous. Now, columnist Nat Hentoff (who is no Republican) takes a look at how the NAACP and others are misrepresenting her record on racial equality in the same manner.

The one thing liberal advocacy groups can't abide is a black or Latino (or gay) Republican, even those who, unlike William Pryor, are not intolerant bigots.

The Denial of Gay History

First published May 11, 2005, in the Chicago Free Press.

Every once in a while you hear some half-educated person announce ostentatiously that there were no homosexuals before the late 19th century, or even that there was no homosexuality before then.

When you hear that you know you have encountered someone who has read one or another of a small group of gay academics called "social constructionists." SC (for short) claims that since our sexual "identity" (watch this tricky word!) is created by our social and linguistic context no one could have been "homosexual" before the term was invented in the late 19th century.

But there is something fishy about saying there were no homosexuals before the late 19th century. It is easy enough to point out that there were people who engaged in same-sex acts. When the SC theorist replies "Oh, but they didn't understand themselves to be homosexual," we can respond that they certainly knew they desired same-sex partners. If the SC theorist replies, "But they didn't have the specific identity of 'homosexual' because the word didn't exist," the response has to be, "Well, duh!"

So what starts out looking like a fascinating claim about the history of sexuality turns out be a much less interesting claim about language. The assertion makes a much weaker claim than it pretends to. It is a kind of bait and switch game. It is as if someone offered to sell you an airplane, but it turned out to be a model airplane.

As sociologist Stephen O. Murray commented in American Gay about SC theorists, "I can think of no other group whose academic elite is so bent on challenging the masses' quest for roots as gay and lesbian historians are."

The late Yale University historian John Boswell was a favorite target of SC theorists because he gave his book Christianity, Social Tolerance and Homosexuality the subtitle "Gay People in Western Europe from the Beginning of the Christian Era to the 14th century." Gay!

There are problems with Boswell's effort to exculpate the Catholic church from its responsibility for fomenting homophobia, but some of the criticism centered instead on the objection that there could not have been any "gay" people before modern times since the term "gay" was not widely used for homosexuals before the 20th century.

In two long, later articles Boswell cited copious evidence from classical and medieval sources of widespread awareness that some people had primarily same-sex desires, were fully aware of their predominant desire for same-sex partners and that people were sometimes categorized in terms of their desires.

As Boswell summarized:

"While ... premodern societies did not employ categories fully comparable to the modern 'homosexual/heterosexal' dichotomy, this does not demonstrate that the polarity is not ... applicable to those societies. ... A common thread of constructionist argument ... is that no one in antiquity or the Middle Ages experienced homosexuality as an exclusive, permanent or defining mode of sexuality. This argument can be shown to be factually incorrect."

Although Boswell originally defined gays as people "conscious of erotic inclination toward their own gender as a distinguishing characteristic," Boswell later concluded that not all earlier gay people necessarily saw their sexuality as something that distinguished them from others in their society, so he revised his definition of "gays" to the simpler "those whose erotic interest is predominantly directed toward their own gender."

That is, after all, pretty much what we all mean when we say someone in the past was homosexual or gay. We could add that many such people were surely aware of their desire as a distinguishing characteristic, even if it was not always the primary one.

Historian Louis Crompton agreed with Boswell in his comprehensive gay history, Homosexuality and Civilization:

"Michel Foucault and his followers have argued that the 'homosexual' is a modern invention, a mental construct of the last hundred years. That is, of course, true of homosexuality as a 'scientific' or psychiatric category. But it is a mistake to presume that earlier ages thought merely of sexual acts and not of persons."

We can go further. There is good evidence not only that people knew they had predominant or exclusive homosexual desires and that fact was important to them, but that there were homosexual sub-cultures in earlier times - in the 18th century London, in Renaissance Italian cities such as Florence, and perhaps even in 12th century London. As for someone's having a homosexual identity, the 16th century gay Italian artist Gianantonio Bazzi adopted the nickname "Sodoma." That sounds like a fairly assertive homosexual identity to me.

Academic fads generally last 15-20 years and social construction is arguably on the decline. It was based on a limited knowledge of history and a wildly exaggerated notion of the power of language to control and limit people's understanding.

It inhibited gay historical research because it assumed a priori that evidence for meaningful historical continuity was not there to be found, so no one needed to look for it. As Crompton's own recent book shows, they are beginning to look again.

***

Author's Note: In response to post-publication queries, the two John Boswell articles the column refers to are:

A Theological Interpretation Too Far?

Did the Montgomery County, Maryland, public school district err in promoting tolerance towards gays by presenting a liberal view of biblical scripture? Eugene Volokh argues a line was crossed, and a Clinton-appointed federal judge has issued an injunction against distributing the materials (part of the schools' sex-education curriculum), finding they make theological judgments in violation of the 1st Amendment establishment clause.

Worse, the homophobes will be having a field day attacking the curriculum, which (among other things) suggests homosexuality is not a top-notch sin because Jesus never discussed it.

Update: Washington Post columnist Marc Fisher also takes aim at Montgomery County:

The curriculum lists precisely what teachers may say about homosexuality, then adds, "No additional information, interpretation or examples are to be provided by the teacher." Ah, so that's how to stretch minds and instill a love of discovery.

(Hat tip to IGF author Rick Rosendall for noting this.)

Same Old Kerry.

John Kerry, failed Democratic presidential nominee who still harbors White House aspirations, has declared it would be a mistake to include a statement of support for gay marriage in the platform of the Massachusetts Democratic Party.

Now, I'm on record advocating civil unions as a progressive step toward spousal equality that's less likely to be overturned near-term by a voter backlash, but unlike Kerry I don't encourage Democrats to vote in favor of state constitutional amendments banning gay marriage. And, unlike Kerry, I didn't take millions of dollars from gay and lesbian Democrats in return for an implicit pledge to represent their interests.

Many of those millions were produced through the efforts of the Human Rights Campaign, which the Washington Blade now reports has been wildly inflating its membership numbers:

Today, under new director Joe Solmonese, HRC claims 650,000 members. In fact, those totals were guaranteed always to escalate impressively, and never to decline. That's because HRC counts "members" in a way that will strike many as curious. HRC membership numbers include the name of every person who has ever once given at least the minimum amount - currently $1 - and provided an address.

I think HRC is foolish to go to so much effort to create a big, bogus figure. What matters is how much cash you can convince your donor base to part with, and HRC can justly claim credit for raising several millions - for Democratic politicians who urge voters to pass gay marriage amendments.

I'm not the first to note it would have been of far more value to the cause of gay equality if those funds had been spent, with far less partisanship, working to defeat the state amendments instead of on behalf of politicians who supported (and continue to support) them.

More Recent Postings
5/1/05 - 5/7/05

Updates Below.

I prefer to add updates immediately below the existing posts, for the sake of continuity. So scroll down to see recently added updates to items on gay-bashing Arabs in Amsterdam (shhh, you have to say "Dutchmen"); banning military recuritment on elite campuses, and Microsoft's ever-changing finger in the wind.
-- Stepehen H. Miller

Step Out of the Line, Please.

The FDA is preparing to launch a rule recommending that any man who has had sex with another man in the previous five years be barred from serving as an anonymous sperm donor. North Dallas Thirty argues that the media has made this sound much more foreboding than it is. Still, if during airport security searchers you're not allowed to treat young Arab men any differently than Midwestern grandmas, does the public health really demand such a broad brush when it comes to singling out gay men?

Many will claim this is yet another attack by the Bush administration against gays, so let's keep in mind that the same exclusionary policy now proposed for sperm bank donations has long applied to blood bank deposits - and the former Democratic administration thought that was just fine.