Half-Full Glass: Civil Unions Continue to Advance.

In Oregon, Democrats and moderate Republicans are being encouraged to create civil-union legislation following Thursday's state Supreme Court decision rejecting gay marriage (and nullifying nearly 3,000 marriage licenses issued to same-sex couples last year in Multnomah County). Senate Majority Leader Kate Brown said the court's silence on the constitutionality of marriage benefits for gays, "leaves the door wide open" for a civil unions law, which is supported by Gov. Ted Kulongoski.

In Connecticut, the state House approved a bill to provide same-sex couples with the same rights, benefits and obligations of married couples on Wednesday, but added an amendment that defines marriage as between a man and a woman (Connecticut has been one of only nine states that have not passed a Defense of Marriage Act limiting marriage to opposite-sex couples). Gov. M. Jodi Rell will likely sign the bill, although the Family Institute of Connecticut has declared that civil unions are same-sex marriage by another name.

Both these examples highlight continuing advances on the civil unions front via popularly elected state legislatures and governors, and continuing defeats when it comes to same-sex marriage - except in the nation's super-liberal districts. But when a few judges have ruled in favor of gay marriage, it's triggered renewed efforts to change state constitutions (and the U.S. Constitution) to prohibit this, and often sneaking in a constititional bar against civil unions as well.

If it hadn't been decided to make the perfect the enemy of the good, I believe we'd be seeing a civil unions groundswell, much to the chagrin of the religious right.

Update: In the comments area, Alan notes that even moderate, often Democratic-voting states such as Michigan and Ohio have passed amendments barring civil unions - a bad sign for those pushing the judicial strategy. He further observes:

As for comparing marriage suits with classic civil rights suits like Brown v Board of Ed, I think others have suggested that it's a matter of whether the country is near the "tipping point" on an issue, in which case judicial activism can supply a final thrust.

I'd submit that the country was ready to banish Jim Crow in the 1950s (even if the deep South wasn't), and thus Brown did not result in a federal constitutional amendment protecting segregation. But the country is nowhere near ready to embrace gay marriage, and so judicial activism may well result in a federal amendment (as it has already resulted in so many state amendments).

That's certainly the worst-case scenario, but we shouldn't dismiss the risk.

Winning the Values War.

Democrats are shooting themselves in the foot by dismissing concerns about media vulgarity, charges Dan Gerstein in Why the Democrats Are Losing the Culture Wars, from Monday's Wall Street Journal (alas, apparently only available to WSJ Online subscribers).

Gerstein, former communications director for Joe Lieberman, takes aim at New York Times columnist Frank Rich, who recently railed against "New Puritans" who want to "stamp out" all that is "joyously vulgar" in American culture."

Counters Gerstein, "vulgarity, joyous or otherwise, is hardly in retreat." Moreover:

[T]he implications of this mindset and the battle lines it establishes are clear.... [I]f you're not exactly enamored of watching titillating stunts and ads at the Super Bowl with your six--year-old, you're part of the TV Taliban.

But:

Not all parents who are concerned about the avalanche of crud crushing their children every day are obsessed with SpongeBob's sexual orientation. Nor are they seeking to shred the First Amendment.

And he points to what he calls "the nub of the values problem for Democrats today":

We don't hesitate to judge people's beliefs, but we blanch at judging their behavior. That leaves us silent on big moral issues at a time of great moral uncertainty, and leaves the impression that we are the party of "anything goes." Even worse, it creates a "values vacuum" that gets filled by the SpongeBob gaybashers of the world.

The result, says Gerstein, is that "heartland residents are tuning out our party." I think that's on target. Too often gays, "progressives," and (especially) progressive gays dismiss all concerns about morality and values as motivated by intolerance. That merely results in ceding the values mantle to those who really are motivated by anti-gay animus.
--Stephen H. Miller

Dworkin’s Death.

And speaking of "puritans" new and old, the death of feminist anti-porn crusader Andrea Dworkin is a reminder of the period when Dworkin, Catharine MacKinnon and Gloria Steinem sought to pass ordinances banning pornography (until the Supreme Court struck these down), and placed themselves on the same side as Phyllis Schlafly in supporting the censorious efforts by then-Attorney General Ed Meese's Commission on Pornography.

That unholy alliance showed the truth in the old cliche that the far right and far left do, in fact, mirror each another.

Note: For those who were wondering, I am not the Stephen Miller who writes for the New York Sun (and penned this Dworkin obit), though we are both cursed with an extremely common name.
-- Stephen H. Miller

Clintons Who Live in Glass Houses…

GOP consultant Arthur Finkelstein, who is openly gay and married his long-time partner in Massachusetts, was denounced as "sad" and "self-loathing" by Bill Clinton, whose remarks followed reports that Finkelstein is helping raise funds to unseat Sen. Hillary Clinton.

Finkelstein, who helped elect pro-gay Republicans like New York's Gov. George Pataki but has also sold his services to anti-gay Republicans, is not beyond reproach. But I think the Log Cabin crew score points regarding Clinton's own hypocrisy. As the New York Sun reports:

"What is sad here is that President Clinton, the same president who signed the Defense of Marriage Act, implemented the military's discriminatory 'Don't Ask, Don't Tell' policy, and encouraged John Kerry to support anti-gay state constitutional amendments, thinks he has any credibility passing judgment on the like of Arthur Finkelstein or any other gay and lesbian American," a national spokesman for the Log Cabin Republicans, Christopher Barron, said.

The flip side of the Clinton mindset is that Democrats can get away with doing nothing (or worse) on gay issues, because gays who don't support them unequivocally are (in unison now, "self loathing").

Update: Brian Holmes of the Cornell Daily Sun adds his two cents on Clinton's "self-loathing" comment.

More Recent Postings
4/3/05 - 4/9/05

Marrying Sheep and Cell Phones — Not

In recent weeks I have been traveling the country doing lectures and debates on gay marriage. The first was at Texas A&M University, a school I hadn't visited since 1992. At that time I was working on my Ph.D. at the University of Texas at Austin, where we tended to view the "Aggies" as - well, a bit backward.

The rivalry between the schools has not abated, and "Aggie jokes" remain a popular pastime. For example:

Q: What's the difference between Aggie cheerleaders and sheep?

A: If you get lonely, you can always find good-looking sheep.

A&M was founded as an all-male military college, and it currently boasts the largest uniformed body of (now co-ed) students in the U.S. outside of service academies. Unsurprisingly, it is not known for being liberal or diverse. Indeed, its provincialism manifests itself in interesting ways. When being given directions to campus I was told - I am not making this up - "Turn left on Texas, right on George Bush, right on Houston."

Needless to say, I got lost, although I'm not sure whether that was because all the street names sounded the same or because I was distracted by hoards of handsome cadets in uniform (who very courteously gave me additional directions).

The day before my event, the Young Conservatives of Texas (YCTs), a student group, hosted "YCT's Big Fat Obnoxious Wedding" to protest gay awareness week. The flier for their event read:

"Free weddings…Homosexual, Polygamous, Bestial, Incestuous - or even marry yourself!"

In light of the Aggie jokes I knew, I found it ironic that these guys were encouraging incestuous and bestial marriage. Indeed, just a few weeks ago at the UT-A&M basketball game, one UT student dressed as a sheep and held up a sign that read "Baaah means No." (As their guest, however, I kept my amusement to myself.)

At the YCT wedding, one guy "married" his dog. Another married a poster of Reagan. A woman married her cell phone.

Now, I'm a liberal, but I draw the line at posters of Reagan. (Clinton, maybe, but never Reagan.)

The slippery-slope argument motivating the YCT event is not new. If we make one change in the definition of marriage, it says, what's to stop us from making any other change? I often call this argument the "PIB" argument (for Polygamy, Incest, and Bestiality - the most common examples), but it works equally well (or I should say, equally poorly) with cell phones, bicycles, and Reagan posters.

The PIB argument assumes that gays want the right to marry anyone (or thing) they love. But love is only part of the case for gay marriage. Marriage is a social institution: public recognition is part of its essence. (If it were not, then you could indeed marry whomever or whatever you happen to love.) Therefore, in considering whether marriage should be extended to same-sex relationships, we cannot simply ask whether same-sex partners love each other. We must ask whether recognizing that love in marriage is good for society.

I don't think the latter question is terribly difficult to answer. Committed gay relationships, like committed straight relationships, are typically a source of support and stability in people's lives. Happy, stable individuals make for a happy, stable society. That's one reason we recognize heterosexual marriage, even when the couple has no intention of having children and everyone knows it. We believe that marriage is good for people (at least for most), and we have a stake in the well being of those around us.

Contrast this with marrying cell-phones and farm animals, and the facetiousness of these suggestions is readily apparent. Everyone agrees that such "marriages" provide no social benefit, and so the question of whether to recognize them is off the table.

Which is precisely what I told my audience (including the front row, occupied by the YCTs) at A&M: The question before us is whether recognizing same-sex marriage would be good for society. We get no further toward answering that question by considering the merits of polygamous, incestuous, or bestial marriage (any of which can be heterosexual or homosexual), or by staging mock marriages to cell phones and bicycles.

That said, I found the Aggies to be a thoughtful and friendly bunch. I was especially surprised the next morning at breakfast, when I approached the cash register at the campus coffee shop and discovered that my meal had been surreptitiously paid for. I scanned the room, and a cadet I recognized from the previous night's audience smiled and nodded. I thank him and all the Aggies for their gracious hospitality.

The Late Pope’s Legacy

In southern Texas when I was a kid in the 1970s, Catholics were the liberals. That went for both their lifestyle and their politics. They were the ones who could dance and drink, while we Southern Baptists were taught that those activities were sins or would lead to sins (I forget which). Sure, Catholics weren't supposed to use contraceptives, even within marriage, but that edict was disregarded.

Where I grew up, Catholics were mostly Mexican-American; Mexican-Americans voted for Democrats; and Democrats were liberals. Their church opposed the death penalty and just about every use of military force. They emphasized helping the poor. For us Southern Baptists, poverty only showed that capitalism was working properly by punishing the indolent.

If I had thought much about gay issues back then, Catholics would have seemed liberal on this too. In its treatment of the topic "Homosexuality," the New Catholic Encyclopedia, published in 1967, was downright enlightened for its time. Catholicism recognized homosexuality as an orientation, a "proclivity" that "develops gradually over many years as a result of complex influences not under the control of the potential homosexual."

Southern Baptists, to this day, see in homosexuality not an unchosen "orientation" but only a wicked and vile choice by lustful sinners.

The New Catholic Encyclopedia, reflecting church teaching, debunked several then-dominant myths about homosexuals. "There is no evidence that [the homosexual's] sexual drive, in itself, is more intense than that of heterosexuals," it declared. The homosexual "is rarely an alcoholic or a threat to immature children."

It criticized "harsh and vengeful religious writings" against gays and urged a pastoral counseling approach characterized by "compassionate leniency."

I don't want to paint too bright a picture. Catholicism continued to regard homosexual acts as "a grave transgression of the divine will" and "a sterile love of self, disguised in apparent love for another." The only solution for the homosexual was life-long chastity.

Still, all of this was much more tolerant than anything my religion taught. Southern Baptists may have invented the slogan, "Love the sinner, hate the sin," but most often they seem to despise both. (Actually, we had a youth minister who molested boys in his charge; his slogan must have been, "Hate the sinner, love the sin.") By comparison to my church, Catholicism seemed rational, literate, and civilized. It was receptive to new learning about homosexuality. On the eve of John Paul II's papacy, in 1978, there was reason for hope.

At the end of his reign, that hope is all but gone. The reactionary wing of the Catholic Church has gotten stronger. A new Catholic traditionalist movement in the United States, for example, focuses much of its energy on blaming gays for the Catholic priest scandal and on fighting equality for gay people. Politically, Catholic traditionalists are aligning themselves with my old Southern Baptists and with other conservative Christian sects to form a Religio-Republican complex.

By word and deed, the Pope aided this regression. Under John Paul II's guidance, the Catholic Church backed away somewhat from its previous view that homosexual orientation was morally blameless. The Vatican's Congregation on the Doctrine of the Faith, under Cardinal Joseph Ratzinger [now Pope Benedict XVI], claimed that even the homosexual "inclination" came close to "an intrinsic moral evil."

In 1986, with John Paul II's approval, a tenured professor at Catholic University was barred from teaching theology because of his belief that homosexual acts within a loving relationship could "in a certain sense be objectively morally acceptable." That same year the archbishop of Seattle was stripped of his authority on gay issues after he allowed Dignity, a gay Catholic group, to hold Mass in his cathedral. The Vatican tried to have a World Pride festival barred from Rome in 2000, the year of the church's Grand Jubilee.

While the Pope was rightly praised for reaching out to other religious faiths, his ecumenism had its limits. Last year he warned that the selection of the openly gay Gene Robinson as a bishop of the American Episcopal Church would create "new and serious difficulties ... on the path to unity."

On AIDS, the Pope sometimes had kind words, saying "God loves you all, without distinction," to AIDS patients during a trip to San Francisco in 1987. But he steadfastly opposed practical efforts to stop the spread of the disease, including safe-sex education and all use of condoms.

On the subject of gay marriage, John Paul II was especially harsh. In 1994, he called it "a serious threat to the future of the family and society itself." Catholic politicians who disagreed were "gravely immoral." In a book released in February, he denounced gay marriage as "perhaps part of a new ideology of evil, perhaps more insidious and hidden, which attempts to pit human rights against the family and against man."

The Pope is the most powerful single religious leader in the world. Because he influenced the beliefs and practices of hundreds of millions of people, he did more harm to the rights and equality of gay people than any other person.

So all of the hagiographic tributes to John Paul II - claiming that he helped free Eastern Europe from Soviet domination, that he had "rock star" charisma - fell flat to me. I was deeply alienated from the mourning throngs I saw on television. The only thing that could make me miss him is the fear that his successor might be even worse.

Fear and Loathing

Last December, a longtime political strategist legally married his partner of 40 years in the state of Massachusetts. On April 9, their marriage was the subject of a news story in The New York Times. Since when does a five-month-old wedding count as news in the paper of record? Apparently, when the political strategist, Arthur Finkelstein, is a Republican, and the partner he lawfully wed is a man.

It's also news when a former president of the United States casts aspersions on the character of said gay Republican. The April 12 New York Times ran a story in the New York/Region section with the headline "Clinton Says Gay Opponent of His Wife May Be 'Self-Loathing.'" During a news conference on Monday, Mr. Clinton was asked if he was angry about Mr. Finkelstein's plans to raise $10 million for a political action committee, Stop Her Now. Mr. Finkelstein, you see, intends for Stop Her Now to do to the junior senator from New York in 2006 what Swift Boat Veterans for Truth did to the junior senator from Massachusetts in 2004.

Not surprisingly, President Clinton found a curious way of defending his wife's honor. He commented that the anti-Hillary campaign made him "sad," and referred to the Times article on Finkelstein's own same-sex marriage and the GOP's campaigning against same-sex marriage last fall. Then there was this insight:

"I thought, one of two things. Either this guy believes his party is not serious and is totally Machiavellian in its position, or you know, as David Brock said in his great book Blinded by the Right, there's some sort of self-loathing or something. I was more sad for him."

David Brock, you may remember, was the conservative author of such 1990s bestsellers as The Real Anita Hill and The Seduction of Hillary Rodham - both tomes reveling in lurid personal details of liberal women loathed by conservatives - before renouncing his conservative politics and coming out as gay in Blinded by the Right. Brock's own story is a classic conversion narrative; by accepting the truth of his gay identity, he saw the light and cast off his nefarious, self-loathing conservative ways.

By invoking Brock, Clinton means to suggest that Finkelstein can only be a true supporter of his party if he somehow hates himself for his sexuality. If he works through this "self-loathing," Clinton implies, then the consultant might also open his eyes.

Clinton's comments are disgusting but hardly shocking. He was never a consistent proponent of husbandly virtue. He also hasn't been a consistent supporter of gay and lesbian Americans. Sure, he says he feels our pain, and he did appoint a handful of A-gays to prestigious positions. But he also signed into law the most explicitly anti-gay legislation in the history of our federal government: the military's "Don't Ask, Don't Tell" policy in 1993 and the Defense of Marriage Act in 1996. Did President Clinton sell gays down the river because he was "totally Machiavellian" or because he was filled with "some sort" of loathing?

Perhaps this choice is as unfair to President Clinton as the one he posed to Mr. Finkelstein. Even so, Clinton's comments reflect the significant role that fear and loathing have played in recent political matters involving gays. For the GOP last fall, anxiety about court-forced gay marriage proved an essential get-out-the-vote tool. Direct mail flyers sent by the Republican National Committee into states like Arkansas and West Virginia - states won twice by President Clinton - featured a Bible marked with the word "BANNED" and two men looking lovingly at each other marked with the word "APPROVED"; the flyer suggested this is what Democrats would impose if they regained power in Washington.

On the one hand, it's hard to see how a self-respecting gay person could support a party that deployed such hateful, untruthful campaign tactics. On the other hand, it's easy to see why 23 percent of gay and lesbian Americans voted to re-elect President Bush when the alternative was John Kerry, who last showed courage on a boat in Vietnam in the 1960s.

Since Kerry was one of 12 senators to vote against the Defense of Marriage Act, no one honestly thought that he didn't support same-sex marriage in his heart. His official position was meant to neutralize the issue by opposing the Federal Marriage Amendment, supporting civil unions in principle but insisting that the decision is up to the people of each state.

For Kerry's gay supporters, this position was an anti-Atkins diet, all carbs and no protein. He fed them empty calories of moral support while avoiding the red meat of political risk. The Senate lacked the vote to pass the constitutional amendment, and virtually every gay rights group was advocating for marriage, not civil unions, which would thus fail to materialize. For many nonpartisan gays, choosing between Kerry and Bush on gay issues was like choosing between heartburn and diarrhea: both were tough to stomach.

For both parties, loathing of the other trumps the self-interest of gays in policies regarding their lives and liberties. But then that is, after all, the point of joining a political party. Since President Bush endorsed the FMA last year, it's become commonplace to castigate gay Republicans for sharing a big tent with the likes of Alan Keyes and Sen. Rick Santorum - or, at the very least, question their self-image as Clinton did.

There's a much simpler explanation that Clinton has missed: Gays can be accomplished political hacks. Loyalty to the party can trump loyalty to one's identity group. Party unity gave Republicans a working majority under their big tent. This development no doubt confounds national Democrats like Clinton, who have long believed that your identity is your politics. It's time for Democrats to see the light.

Ecumenism in Action.

It's very touchy-feely to support bringing the world's religions together as urged by the late Roman Catholic pontiff, but we should be wary of the dangers of accommodating faith traditions that sanction bigotry under the guise of religiosity. For instance, Washington Post columnist Colbert King notes that Anglican bishop Nzerebende Tembo in Uganda:

suspended all activities between his diocese and the Episcopal Diocese of Central Pennsylvania, including his request for $352,941 to support an HIV-AIDS program, financial assistance for orphans' education and a visit by a U.S. medical team. Tembo based his decision on news that the Central Pennsylvania diocese had supported election of an openly gay bishop in New Hampshire.... [T]he Pennsylvania group had collected more than $350,000 to send to Uganda.

[Tempo claims no money had been pledged but] acknowledged withdrawing his request and said he also asked that the U.S. medical team not visit Uganda.... The money sought from the Central Pennsylvania Diocese, Tembo observed, "is not the only money in the world."

Comments King: "Thus ecumenism on the Anglican front."
--Stephen H. Miller

Where’s Kansas?

Intrepid blogger North Dallas Thirty looks at the response to the Kansas disaster by NGLTF and HRC, which, he notes, unconditionally endorsed a presidential candidate last year who backed passing state amendments banning gay marriage - or have we pointed that out before? The factual errors in the NGLTF release (they call Topeka the state's largest city when it's clearly not) cause him to ponder just how much research into this red state they actually felt they needed to bother with.

From time to time, some of us catch flak for criticizing gay "progressive" groups, as if a failure to stand mute and write checks veers on the treasonous. I'll again state that what we don't need is yet another "echo chamber" blankly applauding inept ideologies and on-autopilot strategies.

Log Cabin decided not to endorse President Bush over his support for a federal amendment against gay marriage. But there was virtually no public criticism from within the "community" when HRC gave Kerry/Edwards a free pass to support (and grant legitimacy to) anti-gay marriage state constitutional amendments - which, as it turns out, have become a much greater threat to gay liberty than the stalled federal amendment which Bush has all but backed away from.