The End of Gay Rights

The movement for gay equality in America has come in four basic stages. Each of these stages made a distinct contribution. Each was marked by its own missteps. Each provoked stiff resistance. Each suffered stinging defeats. But each ultimately advanced the cause and prepared the way for the next stage. With the recognition of same-sex marriages in Massachusetts - the first time a state has done so - we have entered the final stage of the gay rights movement.

Stage 1: Emergence

The first stage of the movement covered roughly the middle of the twentieth century up to the time of the Stonewall riot in New York in June, 1969. We might call this stage "Emergence," since it's when homosexuals began to emerge from the closet and to organize politically for the first time.

The atmosphere in the country during the Emergence period was harshly repressive. Homosexuality was considered not just sinful, but a mental disorder. All 50 states had sodomy laws directed and enforced primarily against gay sex. Raids on gay bars were common. Known homosexuals were forbidden in many states to obtain professional and business licenses. Same-sex marriage was unthinkable.

In the face of repression, a few extraordinarily courageous individuals declared that homosexuals were perfectly normal. They formed the first gay political and educational groups like the Mattachine Society and the Daughters of Bilitis. It was during this period that the American Law Institute recommended eliminating sodomy laws, and Illinois became the first state to do so, in 1961.

Stage 2: Liberation

Stonewall marked a new and more radical stage in the gay rights movement. We might call this stage "Liberation," since the gay movement appropriated the rhetoric and methods of other "liberation" movements for women and racial minorities. Liberation is also an appropriate moniker for this second stage because the movement emphasized separation from mainstream American society and institutions through unbridled sexual freedom and revolutionary critiques of existing customs and ways of living. For many activists of this period, fighting for marriage would have seemed like a surrender to heterosexual norms.

During the Liberation period, the American Psychiatric Association removed homosexuality from its official list of mental disorders, many more states eliminated their sodomy laws, gay publications and organizations mushroomed, the first openly gay officials were elected, and a few localities banned discrimination on the basis of sexual orientation.

Yet this second stage engendered a ferocious backlash, led by a newly self-conscious movement of social conservatives now known as the religious right. Anita Bryant infamously led successful drives to repeal gay rights ordinances in places like Miami and St. Paul.

Stage 3: Tolerance

The heady and optimistic second stage of the gay rights movement ended with the onset of the AIDS epidemic in the early 1980s. AIDS soon sapped almost the entire energy of the movement. Gay advocates shifted from emphasizing freedom and separation to emphasizing caring, responsibility, community, and commitment - the preconditions for the development of a marriage ethic. At the same time, the brutal process of dying from a disease identified almost entirely with gay men brought many homosexuals out of the closet for the first time. The protest group ACT-UP, whose antics were sometimes childish and counter-productive, transformed the American medical establishment to be more responsive to patients' needs for care and life-saving drugs.

While some Americans responded to AIDS by calling for quarantines, the predominant reaction was one of sympathy and support. We could call the third stage of the gay-rights movement "Tolerance," since Americans now opposed many forms of discrimination yet a majority remained convinced that homosexuality was morally wrong.

During the Tolerance period, many more civil rights laws were passed, corporate America led the way to the equal treatment of gay couples, and sodomy laws were finally vanquished. Gay couples began to demand benefits, leading to the creation of private and public domestic partnerships and, toward the end of the third stage, civil unions in Vermont. Still, there were reverses, including the codification of the military's gay ban and a federal ban on recognizing gay marriages.

Stage 4: Acceptance?

On May 17, 2004, the day Massachusetts began recognizing same-sex marriages, we entered what I expect will be the end stage of the gay rights movement.

As in each stage of the gay rights movement before this one, gay advocates will be guilty of excesses and will suffer serious setbacks. Beginning this November, we are going to be plastered in a series of anti-gay-marriage initiatives on state ballots around the country. Gay marriage will temporarily win a battle here and there in a few courts, but will overwhelmingly lose. For a time, legislatures will bottle-up or defeat gay marriage bills even in gay-friendly states, like California.

Gay marriage may even lose its toehold in Massachusetts come November 2006, when citizens there may vote on a state constitutional amendment. But I doubt it, and even if we lose in Massachusetts gay marriage will resurface somewhere before long. Having seen that gay marriage causes no harm and brings much joy, Americans will allow it, by fits and starts, to sweep the country.

By the time that happens, perhaps 30 years from now, the need for an organized gay rights movement in this country will be gone. There will still be bigotry and ignorance to fight, in America and around the world, but the heavy political and legal lifting will have been done.

History can't be written before it happens, and there is nothing inevitable about progress. But, if it turns out as I expect, this final phase should be called "Acceptance," since it will end in gays' full inclusion in the nation's legal and social life.

True Evil.

From JohannHari.com, here's an interesting look at gays and Islam (brought to our attention by Walter Olson). An excerpt:

Dr Muzammil Siddiqi, director of the Islamic Society of North America, says "homosexuality is a moral disease, a sin, a corruption... No person is born homosexual, just as nobody is born a thief, a liar or a murderer. People acquire these evil habits due to a lack of proper guidance and education."

Sheikh Sharkhawy, a cleric at the prestigious London Central Mosque in Regent's Park, compares homosexuality to a "cancer tumor." He argues "we must burn all gays to prevent pedophilia and the spread of AIDS," and says gay people "have no hope of a spiritual life." The Muslim Educational Trust hands out educational material to Muslim teachers - intended for children! - advocating the death penalty for gay people, and advising Muslim pupils to stay away from gay classmates and teachers.

But some gay people like Ali have begun to contest this reading of Islam. There have been a small number of groups for gay Muslims over the past 20 years, and their history is not encouraging. A San Francisco-based group called the Lavender Crescent Society sent five members to Iran in 1979 after the Islamic revolution there to spur an Iranian gay movement. They were taken straight from the airport to a remote spot and shot dead.

Meanwhile, "progressives" flock to Michael Moore's demagogic propaganda and congratulate themselves for their insight into how the U.S. is the source of evil in the world.

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?