Marriage Is Radical Enough

First published on May 26, 2004, in Liberty Education Forum.

We are crossing a major demarcation line in the history of the gay rights movement. After May 17, 2004, gay marriages in America are a legal reality (if only in Massachusetts at first), not just a private commitment or an act of civil disobedience. To be sure, the fight will continue in courts and legislatures for many years, but that does not diminish the magnitude of this moment. The long struggle between gay liberation and integration has essentially been decided, and integration has won.

The conservative nature of this development has not been lost on the liberationists. Their anti-assimilationism is rapidly becoming obsolete, as gay couples across the country demand full inclusion in the central institution of our society.

As with all Lost Causes, some diehards resist recognizing their defeat. In an August 2003 article for The Boston Phoenix decrying the "marriage rights mania," Michael Bronski dismisses marriage rights as "crumbs." The social benefits of marriage aside, few would regard the 1,138 rights and privileges associated with marriage under federal law, or the additional hundreds under state laws, as mere crumbs.

Bronski treats marriage as if it hasn't changed in 50 years. In fact, legalized contraception and abortion, no-fault divorce, and the rise of marriage as an equal partnership have left the institution far different from the oppressive patriarchal tool he portrays. His grim portrait, including his unsubstantiated claim of an "ongoing epidemic of domestic violence among straight and gay couples," reads more like Peter Pan appealing to Wendy to stay in Never Never Land than a serious discussion of real families.

To hear some gay radicals tell it, this wedding season sounds more like a funeral. By adopting the strictures of marriage, so their thinking goes, our community will give up its freedom and lose its fabulousness. Many such qualms are reported by Michael Powell in a March 31, 2004 article in The Washington Post.

These lamentations remind me of the Lena Wertmuller film Swept Away…, in which a desert island is the only place where love can flower for the socially mismatched protagonists. Once they are rescued, their love is doomed. While I honor our movement's pioneers, I do not share this romantic view of our historic social isolation. Just as with the demise of the old Chitlin Circuit, which nurtured many great black performers before mainstream venues were desegregated four decades ago, few will reject the new freedom because it brings challenges along with opportunities.

For years, when faced with gay opponents of marriage, I have argued that their personal aversion was one thing, and opposing my right to choose for myself was quite another. Ten years ago, when I tried to persuade a gay-friendly D.C. mayoral candidate to endorse equal marriage rights, she pointed out that the gay community itself was divided on the issue. Indeed, Evan Wolfson, one of the earliest and staunchest gay marriage advocates, was often subjected to blistering verbal abuse by gay people who resented his rocking the boat for something they didn't even want.

The climate has now irrevocably changed. There is no longer any serious division in our community on the question of civil marriage rights. From coast to coast and across the political spectrum, we were thrilled by the rush of city hall weddings set off by San Francisco Mayor Gavin Newsom in February. The allure of alienation is melting away amid the joyous nuptials; the politics of victimhood is losing its grip even amid the anti-gay backlash; and gay families are adjusting their expectations upward. There is a growing recognition that, while the victory is far from won, the tide of history is with us.

It is only natural that such a change would take some adjusting. I can understand the nostalgia that some feel for the early years after Stonewall, when life at the margins of society brought with it a certain freedom. During the gay community's first "out" years, the lack of institutional signposts provided endless opportunities for creativity. But that was the freedom of people roaming uncharted territory. Thirty years ago, the bar scene was one of the few social options. There were no gay choruses, no gay film festivals, no gay chambers of commerce. The idea of openly gay politicians was outlandish even in the most liberal cities. Other than a few classical allusions, gay literature mostly consisted of lurid paperbacks and a magazine that was kept behind the counter at the newsstand.

Today, the number and variety of gay organizations and services is vastly greater. Whatever your interest or need, you're a quick Google search away from finding someone to share it or fill it. The truth is that we are infinitely more free than we were in the "good old days," simply by having more choices.

Twenty years ago, playwright Harvey Fierstein talked about the "perpetual adolescence" of the urban gay milieu, in which sowing one's wild oats became for many a lifetime occupation. The tragedy of AIDS forced our community to grow up, leaving us stronger and more responsible. Marriage is the next step - not just for particular couples as a legal option, but for our community as a social norm and aspiration.

Marriage isn't for everyone, of course. This is as true for gay people as for heterosexuals. But simply by becoming a realistic goal and part of the social landscape in which gay children grow up, it will give them the freedom to color with all the crayons in the box, as gay children before them never could. Imagine being a child again, and being able to blurt out your foolish dreams unselfconsciously, the same as your siblings and playmates. Imagine receiving encouragement for those dreams, and taking that encouragement for granted. Imagine the wondrous ways a child may grow if properly nurtured. That's a radical enough vision for me, and making it come true will be pretty fabulous.

The Scandinavian Story.

Did gay marriage destroy heterosexual marriage in Scandinavia, as anti-gay pundit Stanley Kurtz claims? A resounding "no" comes from M.V. Lee Badgett, writing at Slate.com:

Reports of the death of marriage in Scandinavia are greatly exaggerated; giving gay couples the right to wed did not lead to massive matrimonial flight by heterosexuals. ...

No matter how you slice the demographic data, rates of nonmarital births and cohabitation do not increase as a result of the passage of laws that give same-sex partners the right to registered partnership. To put it simply: Giving gay couples rights does not inexplicably cause heterosexuals to flee marriage, as Kurtz would have us believe.

So there. Also, over at MarriageDebate.com, Barry Deutsch argues that around the industrialized world the state of gay rights correlates with fewer abortions, with pro-gay countries like the Netherlands, France and Germany having very low abortion rates. He speculates that more sexually liberal attitudes are associated with both gay-friendly laws and widespread use of contraceptives, which would account for the correlation. But don't expect anti-abortion conservatives to go for that one.

Gallup’s Good News.

Last week Gallup released new poll findings showing that support for both gay marriage and civil unions had edged upward. The polls show:

a modest increase in the number of Americans who support giving gay couples some of the legal rights that heterosexual couples enjoy. The public is about evenly divided on a law that would establish gay civil unions with some of the same rights that marriages have, and it remains more opposed than supportive of giving gay marriages the same legal status as traditional marriages. However, for both proposals, there is somewhat greater support today than there was several months ago.

The light advances as the darkness recedes, at least somewhat.

More Recent Postings

5/16/04 - 5/22/04

Throwing in the Towel?

Cal Thomas, one of the most widely circulated
religious-right columnists, seems ready to admit defeat on
same-sex marriage. In his latest column he bitterly laments what this nation has come to, then writes:

"'Pro family' groups have given it their best shot, but this debate is over. They would do better to spend their energy and resources building up their side of the cultural divide and demonstrating how their own precepts are supposed to work. Divorce remains a great threat to family stability, and there are far more heterosexuals divorcing and cohabiting than homosexuals wishing to 'marry.' If conservative religious people wish to exert maximum
influence on culture, they will redirect their attention to repairing their own cracked foundation."

Can't argue with that. As columnist Max Boot writes in an L.A Times piece headlined The Right Can't Win This Fight:

"Faced with virtually inevitable defeat, Republicans would be wise not to expend too much political capital pushing for a gay marriage amendment to
the Constitution. They will only make themselves look 'intolerant' to
soccer moms whose views on this subject, as on so many others, will soon be as liberal as elite opinion already is."

Be prepared for continuing shifts in both public and elite opinion - for the next few years, it's going to be a bumpy ride.

(Thanks to Walter Olson for the heads up.)
- Stephen H. Miller

Warning: Litigation Ahead

I was just reading about individual retirement accounts. It seems there is something called "Spousal Exceptions to Minimum Distribution Rules," which means that a surviving spouse can roll a late spouse's IRA over into the survivor's account, and withdraw these funds over his or her life expectancy -- maximizing the benefit of the tax-deferred (or tax-free, with a Roth IRA) compounding. Yet another of the myriad ways in which legal marriage is treated as "the real thing." But will Massachusetts same-sex couples be able to claim such benefits, in light of the federal Defense of Marriage Act, which bars federal recognition of state-sanctioned gay marriages? The road ahead is going to be extremely litigious, it seems.

The Sheldon Family.

The Washington Post has a scary look at the Christian right, profiling Tradition Values Coalition leader Lou Sheldon and his equally hateful (if more polished) daughter, Andrea. Here's how they and their allies view things:

"Pearl Harbor," [Lou Sheldon] says, surveying Tuesday's front pages. "What Pearl Harbor did to American patriotism, May 17 should do to the Christian level of awareness."

Many evangelical leaders saw May 17 as a kind of Armageddon. James Dobson of Focus on the Family said, "Barring a miracle, the family as it has been known for more than five millennia will crumble." R. Albert Mohler of the Southern Baptist Convention compared the day to Sept. 11, 2001, and called it a "moral disaster."

But when confronted with the unexpected lack of passion by the evangelical grass roots over this matter, and congressional momentum for the anti-gay Federal Marriage Amendment that seems to be "fizzling," Sheldon obfuscates:

[O]nce gay couples start coming home from Massachusetts and demanding recognition of their marriages by their own states, Sheldon figures America will wake up. "It's a sleeping giant out there," he says. "We're talking about tens of millions of people. And when they wake up I feel bad for the homosexuals."

An ugly sentiment, just as you'd expect.

The Other Side.

The Family Research Council issued a statement in support of the proposed anti-gay Federal Marriage Amendment, headlined "FRC Calls on Congress to Defend Marriage and States' Rights," claiming it's necessary to amend the federal Constitution "to protect state marriage laws." But that's simply a lie. They're not seeking to "defend states' rights." They want a uniform national definition of marriage -- theirs -- to be imposed on all states. It's real chutzpah to say that nationalizing marriage law and overturning at least one state's marriage measure (in Massachusetts) and quite possibly Vermont's civil union law as well, is "defending states' rights."

Another FRC release makes clear that its motivation is anti-gay animus and homophobia, plain and simple:

"If we do not immediately pass a Constitutional amendment protecting marriage, we will not only lose the institution of marriage in our nation, but eventually all critics of the homosexual lifestyle will be silenced. Churches will be muted, schools will be forced to promote homosexuality as a consequence-free alternative lifestyle, and our nation will find itself embroiled in a cultural, legal and moral quagmire."

The ex-gays at Exodus International go even further, as they chime in with "the legalization of same-sex marriage is a deathblow to children."

Meanwhile, the "mainstream" conservative Heritage Foundation, which enjoys close links to the Bush administration, has plastered its home page with a plethora of anti-gay marriage/pro Federal Marriage Amendment columns -- as if the lead item on the conservative agenda were to rewrite the nation's most sacred document, imposing one federal standard that forces states to exclude gays from marriage. And the culture warfare goes on, and on.

Gays Against Gay Marriage.

In "A Gay Man's Case Against Gay Marriage," Michael Bronski writes:

"The best argument against same-sex marriage is the argument against marriage."

He adds, "Don't get me wrong. I completely support giving gay men and lesbians the right to partake of civil marriage, and the basic economic benefits that come with it," but goes on to argue:

"We -- homosexuals and heterosexuals alike -- might do better by spending some time rethinking how we want to live our emotional and sexual, private and public lives. ... Now that we have it, I wonder if people will think it was worth the fight."

In the Florida Baptist Witness, an editorial headlined "Ten Reasons to Oppose Gay Marriage" includes:

"Many homosexuals are on our side. While the homosexual lobby has pushed for the 'right' to 'marry' as part of its broader public policy strategy to gain acceptance and endorsement, it's clear that many homosexuals really don't want to marry. Indeed, homosexuals see marriage as a key feature of the heterosexual culture which they wish to demolish in their attempt to radically change sexual morality in our society."

Connect the dots.

Not About Gay Marriage.

Gays joining a London rally criticizing Israel and supporting the Palestinian intifada were attacked by Palestinians, reports Gay.com:

They marched with placards reading "Israel: stop persecuting Palestine! Palestine: stop persecuting queers!" As soon as they arrived in Trafalgar Square to join the demonstration, the gay protesters were surrounded by an angry, screaming mob of Islamic fundamentalists, Anglican clergymen, members of the Socialist Workers Party, the Stop the War Coalition, and officials from the protest organizers, the Palestine Solidarity Campaign (PSC). They variously attacked the gay activists as racists, Zionists, CIA and MI5 agents, supporters of the Sharon government and [accused them of] dividing the Free Palestine movement.

Said gay activist Peter Tatchell, "For over 30 years I have supported the Palestinian struggle for national liberation, but it would be wrong to remain silent while the PLO, Hamas and the Palestinian Authority are abducting, brutalising and murdering lesbian and gay Palestinians. Freedom for Palestine must be freedom for all Palestinians -- straight and gay."

Hello, these are terrorists and terrorist sympathizers. They set out to deliberately murder children and other civilians. Maybe there's a link there to the fact that they also don't respect gay rights. You think?

Gay Marriages Change Straight Minds

First published on May 19, 2004, in the Chicago Free Press.

With all the legal impediments finally swept away, Massachusetts gay and lesbian couples are now for the first time anywhere in America being incontestably, legally wed.

And not just legally wed, but welcomed with religious marriage ceremonies by the venerable and influential Unitarian church, whose ministers almost to a man - and woman - have made themselves available to same-sex couples wishing a blessing in the religious tradition.

Politics is always with us if only because our uncomprehending opponents try to make our lives a political issue and there are always people who wish to use governments to control, to exclude and to gain preference for themselves. But let us, if only briefly, put politics out of our minds to savor these first few days of legal gay marriage, the consummation of a painful, protracted struggle for a simple acknowledgment of the dignity and virtue of our relationships.

For the rest, the sequelae will just have to play themselves out.

There is no doubt that this is an enormous defeat for religious conservatives, Catholic and evangelical both, who fought this outcome at every step with vast economic resources, religious pressure, especially from the Catholic church, and a seemingly endless series of increasingly bizarre legal arguments ending only with a cold stare from the U.S. Supreme Court itself.

This is also a serious setback for Massachusetts' Mormon governor Mitt Romney, who is reported to have higher aspirations and viewed the gay marriage issue as way to gain national prominence and conservative credentials. But he now has that most unenviable of political reputations - loser.

Further, at the last minute Romney decided to block most out-of-state gay couples from marrying by reviving enforcement of a widely ignored 1913 law designed to prohibit out-of-state interracial couples from marrying in Massachusetts if they could not marry at home. No action could have better illustrated a parallel between the black and gay movements and cemented the image of Romney as a George Wallace of the north.

At the national level, evangelical leaders are deeply discouraged. Consider this doomsday scenario from Dr. James Dobson of Focus on the Family:

"Barring a miracle, the family as it has been known for more than five millennia will crumble, presaging the fall of Western civilization itself. ... For more than 40 years, the homosexual activist movement has sought to implement a master plan that has had as its centerpiece the utter destruction of the family. The ... goals include universal acceptance of the gay lifestyle, discrediting of Scriptures that condemn homosexuality, muzzling of the clergy and Christian media, granting of special privileges and rights in the law, overturning laws prohibiting pedophilia, ... and securing all the legal benefits of marriage for any two or more people who claim to have homosexual tendencies."

At a soberer level of analysis, The New York Times reported that evangelical leaders are perplexed at the lack of horrified response from "people in the pews." Here is the Rev. Lou Sheldon of the Traditional Values Coalition: "I don't see any traction. The calls aren't coming in and I am not sure why."

But the obvious fact evangelical leaders are trying to ignore is that while, no doubt, a majority of Americans oppose same-sex marriage, they don't oppose it all that strongly. It is not exactly biblical, it is an unknown and it "feels" funny. But at some level they realize that contrary to conservative propaganda gay marriage will not harm them or their children personally.

So now evangelical leaders - if they can be called leaders when so few are following - are reduced to hoping against hope that the sight of gay couples marrying in Massachusetts will induce a phobic reaction in their followers. As the puritanical Richard Land, head of the Ethics and Religious Liberty Commission of the Southern Baptist Convention, put it, "We need to do a better job of educating our base, although I don't think we can do better than Massachusetts is going to do for us."

But this is just whistling past the graveyard. Over the last decade, evangelical leaders have been relentlessly "educating our base" about the threat of gay marriage - with only modest results, apparently. And if "the people in the pews" were going to be upset by pictures of gay couples marrying, they would have long since been upset - by newspaper and television coverage of happy brides with brides and grooms with grooms in San Francisco and Portland, Oregon. It didn't happen then and it won't happen now.

To the contrary, many people will inevitably find themselves empathizing with the joy and delight they see on the faces of radiant brides and delighted grooms, leaving the Lou Sheldons and Richard Lands sputtering Groucho Marx's classic desperation plea, "Who you gonna believe - me or your own eyes?"

There is, in fact, no better advertisement for gay marriage than gay marriages, which, of course, is exactly why religious conservatives fought so hard to block them from happening anywhere.

It is our moment. Enjoy!

Marriage Day.

Much media coverage and opinion sharing on the first day of same-sex marriage in Massachusetts. Andrew Sullivan is in fine form with this op-ed in the NY Times. An excerpt:

"It's hard for heterosexuals to imagine being denied this moment. It is, after all, regarded in our civil religion as the "happiest day of your life." And that is why the denial of such a moment to gay family members is so jarring and cruel. It rends people from their own families; it builds an invisible but unscalable wall between them and the people they love and need. ...

"I remember the moment I figured out I was gay. Right then, I realized starkly what it meant: there would never be a time when my own family would get together to celebrate a new, future family. I would never have a relationship as valid as my parents' or my brother's or my sister's. It's hard to describe what this realization does to a young psyche, but it is profound."

The AP reports that opponents of allowing gay couples to wed say their motive isn't based on hatred. But fundamentally, they believe that gay people are radically inferior to themselves, and that we sully and besmirch their marriages by claiming a right to our own. And that dismissive antipathy may be even worse than outright hate.