Bye Bye ENDA.

Washington Blade editor Chris Crain takes aim at the Human Rights Campaign and its allies over their decision to oppose any version of the proposed federal Employment Non-Discrimination Act (ENDA) that doesn't also bar private employers from discriminating against the transgendered as well as gays and lesbians. As Crain notes, "Courts have already ruled that existing federal and state laws that protect against gender bias protect transgendered people. Those rulings aren't universal, but they offer more federal protection than gays currently enjoy."

I'd add that a sweeping federal prohibition against "gender identity and expression" workplace discrimination arguably forces employers to alter dress codes to allow any manner of gender discordant attire (i.e., a bearded man wearing a dress to work). Anyway, that's how it will be perceived, and it will make ENDA unpassable.

I'm no fan of ENDA -- federal anti-discrimination laws have opened the gates to a flood of frivolous lawsuits, forcing employers to pay off plaintiffs because defending themselves is prohibitively expensive. But HRC and liberal-left gays do think ENDA is significant, and they've just made sure they'll never get it.

McGreevey’s Message on Marriage.

Jonathan Rauch weighs in on the McGreevey affair and what it says about the marriage fight in a Sunday New York Times Op-Ed, no less. He writes:

The gay-marriage debate is often conducted as if the whole issue were providing spousal health insurance and Social Security survivors' benefits for existing same-sex couples. All of that matters, but more important, and often overlooked, is the way in which alienation from marriage twists and damages gay souls. ...

Opponents of same-sex marriage sometimes insist that gays can marry. Marriage, they say, isn't all about sex. It can be about an abstinent, selfless love. Well, as Benjamin Franklin said, where there is marriage without love there will be love without marriage. I'm always startled when some of the same people who say that gays are too promiscuous and irresponsible to marry turn around and urge us into marriages that practically beg to end in adultery and recklessness.

The Human Rights Campaign is praising Democrat McGreevey for showing "enormous courage," despite the growing allegations that the New Jersey governor gave his then-lover a high paying position for which he was unqualified. As gay historian and author Eric Marcus comments in the New York Times:

"I don't think it reflects well on gay people. Here is a man who chose to hide who he was, came out under pressure because he had engaged in an adulterous affair, had given his romantic partner a government job. It's not exactly a moment I think anybody who has been involved in the gay rights movement can take pride in."

Except if you're a Democratic Party front like HRC. The Log Cabin Republicans, while sympathetic to McGreevey's situation, called on him to resign immediately rather than wait until Nov. 15 (which is McGreevey's way of ensuring that his unelected Democrat successor needn't face voters until 2005).

Another result of the McGreevey affair is a spotlight on gay men who marry women but seek out sex with men -- a huge, but under the radar -- phenom. The Washington Post takes a look in a piece titled "Married Men with Another Life to Live".

"That's Great"?

Mostly overlooked in last week's news was President Bush's statement on CNN's Larry King show that, as regards states providing legal recognition to gay couples through civil unions, "That's up to states." Bush added:

"If they want to provide legal protections for gays, that's great. That's fine. But I do not want to change the definition of marriage. I don't think our country should."

Let's go over that one more time. A conservative Republican president just said "that's great" about states granting legal protections to gay couples. It doesn't make up for supporting the anti-gay Federal Marriage Amendment, but it's worth some major news coverage, wouldn't you think?

Meanwhile, over at Overlawyered.com, Walter Olson provides an update on one state where the GOP legislature clearly is far to the right of President Bush. In Virginia, there are increasing ramifications from a reprehensible new law banning gays from entering into marriage-like contracts.

More Recent Postings
8/08/04 - 8/14/04

McGreevey’s Marriage Problem — and Ours

First published August 15, 2004, in The New York Times.

What happened to Governor McGreevey - that is, James E. McGreevey, the Democratic governor of New Jersey, who announced his resignation on Aug. 12 because he was secretly gay and had "shamefully" conducted an extramarital affair - was strange, to say the least. Pundits wondered whether there would be broader ramifications for gay civil rights, same-sex marriage or American politics. I doubt it. A rich and seemingly unique concatenation of homosexuality, adultery, suspicions of political featherbedding, and rumors of extortion and sexual harassment made the McGreevey scandal look like an aberration.

What happened to Mr. McGreevey - the man, not the governor - was not strange at all. It was familiar to almost every gay American of Mr. McGreevey's generation. Marriage, not homosexuality, lies at the heart of it.

Mr. McGreevey is 47. I am 44. We have in common being among the early members of the post-Stonewall generation. We came of age in the 1970's, when overt expressions of anti-gay animus were becoming unacceptable in polite company. The worst of official repression was past. Vice-squad raids and scandalous arrests and federal witch hunts were not central fears in our lives. There was still plenty of unofficial discrimination and ugly and ignorant rhetoric, and we all feared the low-grade terrorism known as gay-bashing. But on the whole we were free, as no previous generation had been, to get on with our lives.

There was one thing, however, we knew we could never aspire to do, at least not as homosexuals. We could not marry.

By that I mean not just that gay couples could not marry. Self-acknowledged gay people - coupled or single, adult or adolescent, open or closeted - also could not hope to marry. The very concept of same-sex marriage had yet to surface in public debate. We grew up taking for granted that to be homosexual was to be alienated and isolated, not just for now but for life, from the culture of marriage and all the blessings it brings.

Social-science research has established beyond reasonable doubt that marriage, on average, makes people healthier, happier and financially better off. More than that, however, the prospect of marriage shapes our lives from the first crush, the first date, the first kiss. Even for people who do not eventually choose to marry, the prospect of marriage provides a destination for love and the expectation of a stable home in a welcoming community.

The gay-marriage debate is often conducted as if the whole issue were providing spousal health insurance and Social Security survivors' benefits for existing same-sex couples. All of that matters, but more important, and often overlooked, is the way in which alienation from marriage twists and damages gay souls. In my own case, I did not understand and acknowledge my homosexuality until well into adulthood, but I somehow understood even as a young boy that I would probably never marry. (Children understand marriage long before they understand sex or sexuality.) I coped by struggling for years to suppress every sexual and romantic urge. I convinced myself that I could never love anybody, until the strain of denial became too much to bear.

Others coped differently. Some threw themselves into rebellion against marriage and the bourgeois norms it seemed to represent. Some, to their credit, built firmly coupled gay lives without the social support and investment that marriage brings. And some, determined to lead "normal" lives (meaning, largely, married lives), married.

At what point Mr. McGreevey realized and acknowledged he was gay I don't know. I do know that many gay husbands begin by denying and end by deceiving. Perhaps that was so in his case.

Opponents of same-sex marriage sometimes insist that gays can marry. Marriage, they say, isn't all about sex. It can be about an abstinent, selfless love. Well, as Benjamin Franklin said, where there is marriage without love there will be love without marriage. I'm always startled when some of the same people who say that gays are too promiscuous and irresponsible to marry turn around and urge us into marriages that practically beg to end in adultery and recklessness.

For most human beings, the urge to find and marry one's other half is elemental. It is central to what most people regard as the good life. Gay people's lives are damaged when that aspiration is quashed, of course. Mr. McGreevey can probably attest to that. But so are the lives of spouses, of children. Mr. McGreevey can probably attest to that, too.

The country is still making up its mind about same-sex marriage. Massachusetts has it. Most states have pre-emptively banned it. On Aug. 12, the California Supreme Court invalidated about 4,000 same-sex marriages performed by the city of San Francisco, but gay-marriage advocates hope that this is a temporary setback. Through litigation now working its way through the system, California's highest court may yet overturn the state's gay-marriage ban.

The McGreevey debacle suggests why all Americans, gay and straight alike, have a stake in universalizing marriage. The greatest promise of same-sex marriage is not the tangible improvement it may bring to today's committed gay couples, but its potential to reinforce the message that marriage is the gold standard for human relationships: that adults and children and gays and straights and society and souls all flourish best when love, sex and marriage go together. Nothing will ever make the discovery of homosexual longings easy for a young person. But homosexuality need not mean growing up, as Jim McGreevey and I and many others did, torn between marriage and love.

Nature? Nurture? It Doesn’t Matter

One of the most persistent debates surrounding homosexuality regards whether gays are "born that way" or whether homosexuality is a "chosen lifestyle."

The debate is ill-formed from the start, in that it conflates two separate questions:

  1. How did you become what you are? (By genetics? Early environment? Willful choice? Some combination of the above?),

    and

  2. Can you change what you are?

The answers to these two questions vary independently. My dark hair color is genetically determined, but I can change it (though I'd make a rather frightful blonde). The fact that my native language is English is environmentally determined, but I can't change it. (I can learn a new language, of course, but at this stage it would never have the character of my native language.)

The fact that I put the last sentence in parentheses is a matter of willful choice, and, like most matters of willful choice, it can be changed (although my editors had better leave it alone if they know what's good for them). Still, some choices are not so easily undone. Having chosen never to practice piano as a child, it would be possible, but rather challenging, for me to become proficient at piano now.

Of course, sexual orientation is not like piano-playing. I never turned down "straight lessons" as a child. ("No, Mommy, I wanna play with my Easy-Bake oven instead!") I never chose to "become gay," and I'm not even sure how one would go about doing so. We do not choose our romantic feelings - indeed, we often find them thrust upon us at surprising and inopportune times. We discover them; we do not invent them.

So we must be born this way, right?

Wrong. For several reasons. No one is born with romantic feelings, much less engaging in sexual conduct. That comes later. Whether it comes as a result of genetics, or early environment, or watching too many episodes of Wonder Woman is a separate question that can't be settled by simple introspection.

Moreover, the fact that feelings are strong doesn't mean that they're genetically determined. They might be, but they might not. Sexual orientation's involuntariness, which is largely beyond dispute, is separate from its origin, which is still controversial, even among sympathetic scientists.

But here's the good news: It doesn't matter whether we're born this way.

A lot of gay-rights advocates seem to think otherwise. They worry that if we're not "born this way," then homosexuality would be "unnatural" in some morally significant sense.

Nonsense. Again: the fact that I speak English rather than French is learned behavior, but it does not follow that my doing so is unnatural or in need of reparative therapy.

But wouldn't a genetic basis for homosexuality prove that God made us this way? No, it wouldn't - at least not in any helpful sense. Put aside the difficulties about establishing God's existence or discerning divine intentions. The fact is that there are plenty of genetically influenced traits that are nevertheless undesirable. Alcoholism may have a genetic basis, but it doesn't follow that alcoholics ought to drink excessively. Some people may have a genetic predisposition to violence, but they have no more right to attack their neighbors than anyone else. Persons with such tendencies cannot say "God made me this way" as an excuse for acting on their dispositions.

"Whoa!" you might object. "Are you saying that homosexuality is a disorder like alcoholism?" Not at all. The difference between alcoholism and homosexuality is that alcoholism has inherently bad effects whereas homosexuality does not. But this distinction just reinforces my point: we do not determine whether a trait is good by looking at where it came from (genetics, environment, or something else). We determine whether it is good by looking at its effects.

Nor does it matter whether sexual orientation can be changed. For even if it could (which is doubtful in most cases), it doesn't follow that it should. Much like my hair color.

Remember: bad arguments in favor of a good cause are still bad arguments - and in the long run not very good for the cause. This is not to say that we shouldn't frequently remind people that homosexuality, like heterosexuality, is a deep, important, and relatively fixed feature of human personality. It's just that those facts can only get us so far.

In a 1964 speech to the New York Mattachine Society, an early gay rights group, activist Frank Kameny announced:

"We are interested in obtaining rights for our respective minorities as Negroes, as Jews, and as Homosexuals. Why we are Negroes, Jews, or Homosexuals is totally irrelevant, and whether we can be changed to Whites, Christians or heterosexuals is equally irrelevant."

Kameny (who is still going strong at 79) was absolutely right. Too bad people still haven't gotten the message.

Gay Marriage, Conservative Agendas.

Blogger Eric Siddall writes in Memo to the Right: Gay Marriage Promotes Conservative Agenda:

One would think then that the Christian Right would be jumping up in joy for gay marriage. Bring these guys back to tradition and family. After all, aren't the Christian Right constantly saying hate the sin, love the sinner? Well, if the sin is the behavior surrounding the homosexual lifestyle, then what better way to stop gays from going to circuit parties and having sex outside of marriage than to allow them to get married?

Of course, that's exactly why some on the gay left are against same-sex marriage.

Backtracking on Gays in Military.

Conservative columnist Bob Novak is trying to stir up trouble for John Kerry in his Aug. 7 column when he writes:

John Kerry's official Web site last week deleted his advocacy of homosexuals in the military after the Orlando (Fla.) Sentinel reported on this disclosure of the Democratic presidential candidate's position.

Before the language was eliminated, the Web site said bringing gays into the military was one of Sen. Kerry's "priorities." The page on homosexual issues had gone on to say: "John Kerry opposed the Clinton administration's Don't Ask Don't Tell Policy. He was one of the few senators to testify before the Senate Armed Services Committee and call on the president to rescind the ban on gay and lesbian service members."

Kerry does not mention the issue in his speeches, and the party platform is mute on gays in the military.

Novak is no friend of gays and his motive is to embarrass the Kerry/Edwards campaign. Nevertheless, it's more evidence of Kerry's tendency to buckle under and abandon us at the first sign of opposition. No doubt, he believes he has little to fear by taking the gay vote for granted -- which is largely true, because gay political groups have given him a green light to do just that. But if Kerry doesn't make a case for revoking government discrimination now, he clearly won't be able to claim a mandate to do so once in office.

I'm not suggesting that Bush is "better." But if we want the Democrats to give us something, then gay "leaders" must stop being partisan sycophants
and at least hint that the gay vote could stay home on election day (or vote for Nader or the Libertarian candidate).

Fear of losing customers is what motivates good service. The same is true in politics. The religious right understands this, and its leaders constantly tell Karl Rove they'll stay home if Bush takes them for granted. If only gay leaders would show as much spine.

More Recent Postings
8/01/04 - 8/07/04

Big Tents for We, But Not for Thee.

EMILY's List, the powerful women's PAC with an abortion rights agenda, is backing a senatorial candidate who supports a constitutional amendment to ban same-sex marriage, reports the Washington Blade. The Democratic candidate is Inez Tenenbaum, running for the U.S. Senate in South Carolina, and EMILY's List has reportedly given her $350,000.

The Human Rights Campaign, the nation's largest lesbigay political fundraiser, has long considered support for abortion a key factor in making endorsements (pro-choice voting is also an important category on HRC's congressional scorecards). Likewise, the Gay & Lesbian Victory Fund requires candidates it endorses to be pro-choice. In both cases, the abortion litmus test has served to deny these groups' funds to GOP candidates who are gay-supportive but favor some abortion restrictions, such as parental notification.

In another development reported in the Blade, Unity, the umbrella group of minority journalists associations (with a decidedly "progressive" tilt) has again denied a membership request by the National Gay & Lesbian Journalists Association, stating that Unity is intended only for racial/ethnic minorities. Instead, NLGJA has been offered an "unofficial" role.

Says the Blade story, Unity "has decided not to extend the parameters of its big tent past its founding mission," and leaders of NLGJA "have gradually come to accept their second-tier status."

Do I begrudge EMILY's List and Unity the right to limit their agendas and constrain their "parameters"? Not at all. But it does highlight the absurdity foisted on us by LGBT activists who insist that every leftwing cause is part of their mission, so that gay groups involve themselves in everything from supporting race-based preferences (as HRC does) to opposing welfare reform (as the National Gay & Lesbian Task Force does). And that's leaving aside the whole issue of transgenderism, which extends to the cause of heterosexual cross-dressers.

At Least Bush Lowered Our Taxes.

Senator John Edwards said he and running mate John Kerry have "no objection" to this week's vote in Missouri to amend the state constitution to ban gay marriage, according to media reports. "We're both opposed to gay marriage," said Edwards.

I'm waiting for gay activists to deliver another of their increasingly absurdist rationales for their support of these two snake-oil salesmen.

If our movement "leaders" would just hint that gay voters might stay home on election day (no one expects them to support Bush), it might be enough to trigger some fealty from the Democrats.

It Continues.

On Tuesday, Missouri voters overwhelmingly approved a state constitutional amendment to ban same-sex marriage -- the first such test of the issue since a Massachusetts court legalized gay and lesbian weddings last fall. The amendment was approved by 71% of those voting. Next up, voters in some 10 other states will face similar ballot measures in coming months. The prospects aren't good. It may take another generation before voting majorities conclude gay marriage strengthens rather then rips the social fabric.

Meanwhile, in Washington state a King County Superior Court judge ruled that gay couples were entitled to marry. But no marriage licenses can be issued until the state Supreme Court reviews the case. Expect conservatives to charge that an activist judiciary is again overriding the will of the people -- which it may well be, but that's what guaranteeing minorities legal equality is often about.

Nevertheless, if court rulings favoring gay marriage trigger passage of state constitutional amendments that permanently bar same-sex nuptials, we may regret not taking the path of civil unions -- at least as an interim step. But then again, the Massachusetts court's ruling may have made that decision for us.
--Stephen H. Miller

HRC’s Party Line.

The Human Rights Campaign, the nation's largest lesbigay lobby, has endorsed the Democratic opponent of Sen. Arlen Specter (R-Pa.), one of the most pro-gay senators in the GOP. Specter did vote to bring the anti-gay Federal Marriage Amendment to the floor of the Senate -- which turned out to be the vote on the amendment's fate, since opponents blocked the amendment then and there. (Specter indicated that if a subsequent Senate floor vote on the measure had taken place, he would have then voted against the FMA.) Nevertheless, six fair-minded Republicans did manage to vote against allowing the amendment to go forward, including New Hampshire's John Sununu, and Specter fell short in comparison.

But if voting correctly on the FMA were a litmus test for the HRC, why are they still enthusiastically endorsing John Kerry and John Edwards, who chose not to vote against the amendment when they failed to vote at all?