We Make the TVC’s Hit List.

A Special Report titled "Homosexual Civil Unions," on the website of Lou Sheldon's archly anti-gay Traditional Values Coalition (TVC), takes aim at the Independent Gay Forum (it's a slow-loading PDF so give it a minute or two - nothing about the TVC is up to date, it seems). According to the report:

Dale Carpenter, a homosexual writer for the Independent Gay Forum (11/25/2004), for example, has described the "California Model" to gain the legal status of marriage - without calling it marriage under state laws. The objective is to gain marriage status through incrementalism....

Carpenter says this incremental strategy makes it difficult for opponents to oppose "any single one of the benefits and responsibilities that comprise the legal status of marriage."Incrementalism "also gives the public time to adjust to each advance." (bold emphasis in original)

The report also targets John Corvino for advocating civil unions, as well as Andrew Sullivan and others (for trying to undermine marriage), citing work that's appeared in various venues, but I take pride in the fact that a graphic from our site accompanies the report's lead item. (Links to Dale and John's articles can be found by scrolling down on your right.)

The TVC crowd is as adamantly opposed to civil unions as they are to gay marriage. But it's interesting that they portray the "incrementalist" approach as a particular threat. They know that the American people are more open to supporting civil unions, and that once civil unions are institutionalized, providing same-sex couples with the same state-level rights as heterosexual spouses, the game (from their perspective) is lost. Now, if only the "we want courts to order full marriage everywhere today; who cares about the backlash" crowd also understood this.

They Done It.

The Human Rights Campaign's brief flirtation with relevancy has come to an end, or rather a screeching halt, with the official announcement that Democratic abortion-rights activist Joe Solmonese will be its new leader. Not a surprise, as the appointment was leaked last week (see HRC to Red States: Drop Dead?).

HRC had been called on the carpet by its "allies" earlier this year for deviating, momentarily, from the leftist line of march when, after putting the hapless Cheryl Jacques out of her misery, then political director Winnie Stachelberg floated the idea that since private Social Security accounts could be bequeathed by gays to our partners (unlike current Social Security, which only spouses inherit), maybe it shouldn't be opposed at all costs, even if (gasp) Republicans were for it.

But never fear, the collective voice of the collectivist left rose up as one and threatened HRC with excommunication. In February, Stachelberg was "promoted" over to HRC's nonprofit foundation. And in further penitence, HRC is now embarked on a course to prove it's more left than the best (er, worst) of them.

In 2004, while taking in millions in donations from gay Americans, HRC virtually ignored state ballot initiatives to ban gay marriage, in order to focus on electing John Kerry - a supporter of state ballot initiatives banning gay marriage. Where is the outrage?

Update: Log Cabin put out a press release. At first, taking the headline at face value, I feared they were in fact sending a congratulatory message. But it's actually pretty snide:

The selection of an experienced Democratic activist will allow HRC to solidify and strengthen Democratic support for equality. As the leading voice for moderate and conservative gay Americans, Log Cabin recognizes our unique responsibility to make new allies in the Republican Party," said Log Cabin Political Director Chris Barron.

"Log Cabin is expanding its commitment to work with people in the Heartland, conservatives in red state America, and with people of faith. In addition, we are pursuing an aggressive legislative agenda that includes Social Security reform...."

Well, it's good that somebody is going to focus on something beyond solidifying MoveOn.org's support for gay equality!

Scalia’s Constitutional Errors

First published March 9, 2005, in the Chicago Free Press.

Belligerent and strident Supreme Court Justice Antonin Scalia has an inexplicable reputation for judicial brilliance. What seems insufficiently noticed, however, is Scalia's recent passage from a masked religious advocacy to overt support for intruding religion into people's lives.

During the March 2 oral argument of constitutional challenges to government displays of the Ten Commandments, Scalia observed that the commandments were "a symbol of the fact that government derives its authority from God." A little later he added that display of the commandments sends the message that "Our laws come from God."

Now this view of American government is offered entirely without evidence and not only deeply dangerous to republican government but at every point demonstrably false.

Scalia's claim is dangerous because based on what we can learn from ancient religious texts, gods typically give commands, offer no reasons for their commands, require unquestioning obedience, brook no argument or dissent and tend to destroy those who disobey. If governmental authority comes directly from a god, governments have no reason to follow any other practice.

In theory, any such government is obligated to obey the god's will. It is exactly this theory that underlies fundamentalist Muslim hostility to democracy - that democracy is non-Islamic because it is rule by the people instead of by Allah. But of course it is the government itself or officially approved religious authorities who determine what God's will is.

Scalia's view that government derives its authority from God seems indistinguishable from the medieval doctrine of the Divine Right of Kings. But modern governments, even monarchies, long ago abandoned that claim, no prominent American statesman - and no Supreme Court justice - has ever asserted it, and the founders of the United States rejected it in the strongest terms.

The very Preamble to the U.S. Constitution makes it clear that the American government obtains its authority not from any god but from the people themselves: "We the People of the United States," it says, "do ordain and establish this Constitution for the United States of America." That is, the people form the government and grant it powers. Nowhere does the Constitution mention God.

The theory behind this - what we might call "the metaphysics of republican government" - is set out in the Declaration of Independence. There, Thomas Jefferson and the 55 other signers explain that "all Men ... are endowed by their Creator with certain unalienable Rights" and that the governments they institute derive "their just Powers from the Consent of the Governed."

In short, the idea is that the Creator gives unalienable rights to human beings, who in turn grant to a government only enough power to protect their rights. The government receives nothing at all from God - no authority, no rights, no powers.

If someone tried to cavil that the Declaration was technically not a government document, we can point out that both the Ninth and Tenth Amendments make clear that the people themselves have primary possession of rights and powers, even of the ones they transfer to the government.

The Ninth Amendment says, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Note the word "retained" - that is, the people had the rights in the first place before they formed a government.

The Tenth Amendment adds, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people." Note the word "delegated." The government's authority is derived from the people - and in the U.S. context, pre-existing state governments - not from God.

Unfortunately for Scalia, even if governments did obtain authority from God, the Ten Commandments would not be a reliable basis for our laws.

For one thing, societies long before and in total ignorance of the Ten Commandments had highly developed law codes that prohibited stealing, adultery and the murder of fellow citizens. Those are fundamental requirements for any society and hardly depend for their discovery or enforcement on the authority of anyone's particular god.

Second, most governments - including ours - reject the idea of enforcing through law many of the Biblical God's commandments - for example, those that prohibit work on the Sabbath or the creation of graven images, and the parts that refer complacently to slavery (commandments 4 and 10).

Third, contrary to the fundamentalists' view, many biblical scholars point out that if the Israelites had just escaped slavery in Egypt and were wandering in the desert, they would hardly have had slaves of their own, nor houses nor cities with gates, yet all those are referred to in the commandments. That indicates that the commandments were not given at Mt. Sinai but formulated later by scribes for a more developed society and back-dated by being inserted into the Exodus to give them more authority.

So Scalia's view is ignorant, false, tendentious, authoritarian and literally un-American.

Legislature vs. Judiciary.

The editorial page of the New York Times praises gay activists in Connecticut for, finally, deciding "not to make the perfect the enemy of the good this year in Hartford," and ending their opposition to a civil unions bill that the legislature seems poised to pass. The Times concludes that if all goes as planned:

Connecticut and California will be the only states to have enacted broad laws of this kind voluntarily.... It's no small thing for a state legislature to take this step on its own. The constitutional rights of every American are safest when they're protected not by the judiciary alone, but also by the strong support of the citizenry as a whole.

Turning to the judiciary should be a last resort, but too often it's taken as the first step. And then we're shocked, shocked when unpopular judicial decrees are sweepingly set aside by the actual citizenry.

Running to teacher may sometimes be necessary, but it never wins you friends.

Not a Parody.

A Friday Wall Street Journal "Outlook" column titled "Straight Talking" looked at politically correctness run amok (again) at Harvard, where even liberals fall prey to the sensitivity police.

In this latest incident, African-American singer/actress Jada Pinkett Smith, in accepting an award from the Harvard Foundation for Intercultural and Race Relations, spoke about overcoming the disadvantages of being the child of teenage heroin addicts, offering her success as proof that if you follow your dream "and don't let anybody define who you are" you can succeed. She added, "Women, you can have it all - a loving man, devoted husband, loving children, a fabulous career.... To my men, open your mind, open your eyes to new ideas, be open."

This motivational message, however, didn't sit well with Harvard's Bisexual, Gay, Lesbian, Transgender and Supporters Alliance, or BGLTSA. The group, which in the past brought to Harvard's attention that "bathrooms labeled 'men' and 'women' can create an atmosphere of hostility and fear for some people," complained that Pinkett Smith's speech was "extremely heteronormative, and made BGLTSA members feel uncomfortable." Last week, the BGLTSA announced a victory of sorts, noting that the sponsoring foundation "will make a statement of apology about the incident," acknowledging that it "had not reviewed Pinkett Smith's speech in advance and was not responsible for her words." The BGLTSA also said the foundation "pledges to take responsibility to inform future speakers that they will be speaking to an audience diverse in race, ethnicity, religion, sexuality, gender and class."

Maybe it would have been warm and fuzzy if Pinkett Smith had said, "Women, you can have it all, a loving partner" instead of man, but gays (excuse me, BGLT-ers) are a minority, and the majority discourse isn't always going to construe itself to avoid every possible linguist "exclusion" that hyper-sensitive grievance collectors are on the lookout for. And making an issue of such incidents only furthers the impression that gay activists are all little commissars-in-waiting, red pens in hand, yearning for the day when they can dictate beyond the walls of elite academia what will henceforth be acceptable speech.

Update: On Tuesday, a BGLTSA spokeswoman was grilled on Fox's "The O'Reilly Factor," where she seemed unable to explain why her comrades were so offended. Actually, it was like she had never had her views challenged before, and given her Harvard haven, that's quite possible.

More Recent Postings

It’s All Politics — UK-Style.

From last week's Sunday Times of London: Discrimination Bill Snubs Gays to Save Muslim Vote:

Gay rights campaigners have been snubbed by the [Labour] government for fear of upsetting Muslim voters who are regarded as more important to Labour's election campaign.

This week a new bill giving Muslims protection against religious discrimination will be published, but there will be no equivalent right for gays, as had been planned by ministers. Downing Street fears that Muslims, whose votes could be the key to saving the seats of many Labour MPs, might feel offended if they were "lumped together" with homosexuals....

Under the bill, it will become illegal for the provider of any goods or services �?? such as a hotel, shop, pub or restaurant �?? to refuse to serve someone on the grounds of their religion. It is already illegal to do so on the basis of race or gender.

I didn't realize that Britain, which recently passed a civil partnerships bill, lacked (private-sector) anti-discrimination mandates for gays. Of course, the right to government recognition of one's relationship is, I believe, of far greater importance than the dubious merit of telling private employers whom the can or can't hire. Nevertheless, this cave-in by a left-leaning government further demonstrates Miller's theorem: political parties are responsive to those whose votes they most crave. Period. Which is why the rise of Eurabia should be of real concern to European gays. (hat tip: Dainel Pipes)

Update: In our comments area, Craig in Wellington, N.Z. writes: "New Zealand Labour's Muslim MP, Ashraf Choudhary, voted for our Civil Union and Relationship (Statutory Reference) Bills, and abstained when it came to decriminalisation of sex work." Point taken.

Cartoon Government.

George Will writes in his column:

The recent spat about Buster, PBS' cartoon rabbit, visiting two lesbian parents quickly became a second spat about the Education Department's threat to stop financing Buster. But a third spat should have been about why the Education Department (a fourth spat: Is that department necessary?) is paying for any of Buster's adventures. Is there a desperate shortage of television cartoons?

A good point. Using taxpayers' money to promote messages on children's television that are offensive to the religious sensibilities of social conservatives is a sure way to trigger backlash, and works against what should be our political objective: equal treatment under the law. And where in the U.S. Constitution, among the limited powers delegated to the federal government, is the clause authorizing the funding of progressive cartoons, anyway? (hat tip: Gay Patriot)

HRC to Red States: Drop Dead?

It's being widely reported around the gay blogosphere that the new executive director of the Human Rights Campaign (HRC) will be Joe Solmonese, the current head of EMILY's List, a group dedicated to electing abortion-rights Democratic women to Congress. (Blade Blog has a good item). The HRC board will meet next week to finalize its (reported) decision.

If this is in fact the case, it doesn't surprise me. Selecting an abortion advocate identified exclusively with electing Democrats would ensure that, going forward, HRC continues to have zero clout lobbying the party that actually controls the presidency and Congress - which is fine with HRC, since it has zero interest in engaging Republicans (or, broadly speaking, red-state voters) in any case. HRC is a feel-good fundraising machine for liberal Democrats, which is all it aspires to be.

As for Solmonese, in 2004 his group contributed as much as $350,000 to Democratic abortion-supporter Inez Tenenbaum in her (losing) race for the open U.S. Senate seat in South Carolina, despite Tenenbaum's pledge to vote for the Federal Marriage Amendment (also supported by her opponent). HRC, by the way, in the past has factored into its scorecards (and endorsement decisions) whether a candidate is pro-abortion rights and pro-affirmative action/mandated race-based preferences. [Update: I've revised this last sentence so as not to overstate HRC's policy in this regard.]

Note: It's possible that the Solmonese "leak" is some sort of trial balloon. If that's the case, it would certainly be in the interst of those who have any clout with the HRC board to encourage them think about actually becoming a bipartisan lobby that could influence policy. Yes, I know, when pigs fly.

Tripp Isn’t Straight on Lincoln

I found myself online the other day chatting with a friend about Abraham Lincoln's perfect thighs. He also had big hands, my friend noted. True, I replied, but he was homely. Ruggedly handsome, he retorted. On it went like that. There we were, cruising the greatest president in American history.

The occasion for this excited chatter was the recent publication of C.A. Tripp's The Intimate World of Abraham Lincoln. Tripp, now deceased, claims that Lincoln was predominantly homosexual. Indeed, he precisely rates Lincoln a "5" on the famous Kinsey scale that ranges from "0" (entirely heterosexual) to "6" (entirely homosexual). I avoided reading reviews of the book, not wanting to prejudice myself either way. I wanted to see whether it could rise or fall on its own. Now I've read it. There is no need to consult learned Lincoln scholars or to track down important sources and facts Tripp omitted. The book collapses under its own light weight.

There are shards of evidence that Tripp adduces suggestively to support his claim: a vengeful poem Lincoln wrote in which there are a few lines about two boys who marry each other (penned after two male acquaintances excluded Lincoln from their real weddings); the "perfect thighs" comment from a friend of Lincoln (which, for Tripp, by itself "strongly suggests" they had femoral intercourse!); Lincoln's sometimes awkward relations with women; and so on. None of this amounts to much.

Tripp sometimes anachronistically projects onto Lincoln stereotypes of modern urban gay men (e.g., Lincoln avoided "team sports"). Even proof of Lincoln's heterosexual capacity, such as his ability to consummate his marriage to Mary Todd, with whom he had four sons, is in Tripp's hands evidence that he was a "top."

These embarrassments aside, Tripp's case comes down to three main points. In ascending order of persuasiveness, they are: Lincoln matured early; as president, he slept with his bodyguard; and as a young lawyer, he slept with a roommate.

Lincoln probably reached puberty at age 10, about three years earlier than the average. "This is significant," claims Tripp, because the earlier males reach puberty the more likely they are to have homosexual experiences. It's a very weak argument. The gap in homosexual experience between early- and late-maturing males is initially large but decreases over time, becoming negligible by age 30. More importantly, Tripp cites no support for a correlation between early puberty and homosexual orientation. Early-maturing males, like other males, are overwhelmingly heterosexual.

For an eight-month period in 1862-63 Lincoln may have slept occasionally in the same bed at the White House with a personal bodyguard, army captain David Derickson (a father of nine children). The evidence that they slept together is fairly thin, consisting of contemporaneous gossip and unsubstantiated passages in two obscure histories. Even if they did sleep together, it would not be surprising to find the president's personal bodyguard in his bedroom at the lowest point in the Union's fortunes in the Civil War, in a city full of rebel sympathizers and potential assassins.

It's similarly unsurprising to learn that the president's bodyguard accompanied him to church, cabinet meetings, battlefields, and the theater. Yet Tripp treats these outings as if they were dates. Lincoln also told Derickson stories of his early life and shared battle reports with him, again unsurprising for two men who necessarily spent much time together. Yet Tripp likens these conversations to "pillow talk." Such over-interpretation of scanty evidence mars the whole book.

The strongest evidence for Lincoln's homosexuality is his close friendship with Joshua Speed. When Lincoln was a struggling lawyer, the men shared a bed for four years. Lincoln also wrote letters to Speed that, to modern ears, sound unusually tender. This much is familiar ground, and Tripp adds very little to it.

Tripp claims that he, as a homosexual, has detected the hidden romantic significance of the surviving letters, something missed by earlier scholars eager to downplay it. Yet the letters, which Tripp helpfully appends, deal mostly with politics, business, the men's marriages, and similar fare. They are written in the florid style of nineteenth-century correspondence, full of expressions of devotion and anxieties for reunion, but for this gay reader there is nothing very suggestive about them. For Tripp, however, the lack of overt homoeroticism is itself evidence of a "cover up" by the lovers.

As Tripp concedes, it was common in Lincoln's time for men to sleep together in places like boardinghouses and inns. However, four years does seem suspiciously long. Perhaps this too is a modern reaction, according to which all male-male intimacy carries the whiff of homosexuality. If the men's lengthy cohabitation would have raised eyebrows at the time, it is odd that both men freely acknowledged it to friends, even while going to elaborate lengths to "cover up" their relationship in private letters to one another.

I am not saying that Lincoln never had a homosexual experience. Perhaps he did. But it is another thing entirely to claim that Lincoln's orientation was mainly homosexual. Any such claim comes with a heavy burden of persuasion. Modern research suggests that less than five percent of men are primarily homosexual. The odds against Lincoln, or anyone else, being a Kinsey "5" or "6" are at least 20 to 1.

Should we care? Some commentators have suggested that Lincoln's hidden homosexuality may explain his characteristic sadness, sensitivity, and capacity for empathy and sympathy. But these qualities could also be explained by losing a mother when you're a child, living in poverty on a hardscrabble frontier, enduring the deaths of your own children, and leading a divided nation in the most deadly war in its history.

The book's central claim is desperate conjecture based on strained interpretation of fragmentary evidence to reach a very unlikely conclusion. It is a product of the unfortunate tendency in our time to reduce life to its sexual component. The man who saved the Union, who abolished the grotesque evil of slavery, who gave us the magnificent Gettysburg Address and the sublime Second Inaugural, is in Tripp's world just another top. We should leave Lincoln's thighs alone.

An Appealing Dark Horse.

New Hampshire Sen. John Sununu was one of only six Republican senators last year to vote against the gay-marriage-banning Federal Marriage Amendment. A genuine free-market conservative, he's also an impassioned advocate of meaningful Social Security reform. Here's an article from Tech Central Station asking Why Not Sununu? in 2008. Here's hoping.