Why the ‘M’ Word Matters To Me

First published February 16, 2004, in Time magazine.

As a child, I had no idea what homosexuality was. I grew up in a traditional home - Catholic, conservative, middle class. Life was relatively simple: education, work, family. I was raised to aim high in life, even though my parents hadn't gone to college. But one thing was instilled in me. What mattered was not how far you went in life, how much money you earned, how big a name you made for yourself. What really mattered was family and the love you had for one another.

The most important day of your life was not graduation from college or your first day at work or a raise or even your first house. The most important day of your life was when you got married. It was on that day that all your friends and all your family got together to celebrate the most important thing in life: your happiness - your ability to make a new home, to form a new but connected family, to find love that put everything else into perspective.

But as I grew older, I found that this was somehow not available to me. I didn't feel the things for girls that my peers did. All the emotions and social rituals and bonding of teenage heterosexual life eluded me. I didn't know why. No one explained it. My emotional bonds to other boys were one-sided; each time I felt myself falling in love, they sensed it, pushed it away. I didn't and couldn't blame them. I got along fine with my buds in a nonemotional context, but something was awry, something not right. I came to know almost instinctively that I would never be a part of my family the way my siblings might one day be. The love I had inside me was unmentionable, anathema. I remember writing in my teenage journal one day, "I'm a professional human being. But what do I do in my private life?"

I never discussed my real life. I couldn't date girls and so immersed myself in schoolwork, the debate team, school plays, anything to give me an excuse not to confront reality. When I looked toward the years ahead, I couldn't see a future. There was just a void. Was I going to be alone my whole life? Would I ever have a most important day in my life? It seemed impossible, a negation, an undoing. To be a full part of my family, I had to somehow not be me. So, like many other gay teens, I withdrew, became neurotic, depressed, at times close to suicidal. I shut myself in my room with my books night after night while my peers developed the skills needed to form real relationships and loves. In wounded pride, I even voiced a rejection of family and marriage. It was the only way I could explain my isolation.

It took years for me to realize that I was gay, years more to tell others and more time yet to form any kind of stable emotional bond with another man. Because my sexuality had emerged in solitude - and without any link to the idea of an actual relationship - it was hard later to reconnect sex to love and self-esteem. It still is. But I persevered, each relationship slowly growing longer than the last, learning in my 20s and 30s what my straight friends had found out in their teens. But even then my parents and friends never asked the question they would have asked automatically if I were straight: So, when are you going to get married? When is your relationship going to be public? When will we be able to celebrate it and affirm it and support it? In fact, no one - no one - has yet asked me that question.

When people talk about gay marriage, they miss the point. This isn't about gay marriage. It's about marriage. It's about family. It's about love. It isn't about religion. It's about civil marriage licenses. Churches can and should have the right to say no to marriage for gays in their congregations, just as Catholics say no to divorce, but divorce is still a civil option. These family values are not options for a happy and stable life. They are necessities. Putting gay relationships in some other category - civil unions, domestic partnerships, whatever - may alleviate real human needs, but by their very euphemism, by their very separateness, they actually build a wall between gay people and their families. They put back the barrier many of us have spent a lifetime trying to erase.

It's too late for me to undo my past. But I want above everything else to remember a young kid out there who may even be reading this now. I want to let him know that he doesn't have to choose between himself and his family anymore. I want him to know that his love has dignity, that he does indeed have a future as a full and equal part of the human race. Only marriage will do that. Only marriage can bring him home.

San Francisco, California, USA.

It would be hard to remain unmoved by the raw emotion of what's happened in San Francisco this weekend, as the city issued marriage licenses and conducted weddings for same-sex couples. The SF Chronicle reports:

They came in wedding dresses and tiaras, in suits and ties, in sneakers and baseball caps, with cameras and friends and armsful of flowers. Some had made advance plans, while others left work in a rush when the call came at midday: Get to City Hall. Now.

And, in another Chronicle story:

Gay and lesbian couples from as far as New York, Texas, Florida, Minnesota and Georgia, as well as others from all corners of the state, have heeded Mayor Gavin Newsom's invitation to marry, even if it meant driving all night or hopping on a plane.

The AP/Washington Post tells us:

The numbers have been so overwhelming -- nearly 1,000 couples as of 1:30 p.m. Saturday with the line still around the block -- the city has deputized marriage commissioners. -- Someone carried a sign: "50 Percent of State Marriages End in Divorce. Are You Worried We Can Do Better."

The fundamentalists are seeking a court injunction to block all this, and to put asunder those now joined together. Increasingly, the ugly intolerance beneath their "pro-family" mask is being exposed.

The Needs of the Party Trump Those of the Individual.

Yet another Chronicle story reports that:

Massachusetts Rep. Barney Frank called [San Francisco Mayor] Newsom. The veteran gay representative told the mayor to drop the idea -- the time wasn't right.

No, mustn't embarrass John Kerry, even if it means putting barricades around city hall to keep the gay masses out.

More Recent Postings

2/08/04 - 2/14/04

Marriage and Mendacity.

On this St. Valentine's Day, Massachusetts is on the verge of granting marriage licenses to gay couples and San Francisco has already begun doing so.

Writes columnist Ellen Goodman:

When the gay rights movement focused on marriage, it changed the image of homosexual America. Today the gay poster couples are middle-aged parents with a kid, a golden retriever and a soccer schedule. The "gay agenda" is a wedding.

For better or for worse, I suppose. Meanwhile, more than 100 members of Congress have co-sponsored the proposed Federal Marriage Amendment, and White House aides say President Bush is about to endorse it. John Kerry opposes a federal amendment, but thinks states should amend their own constitutions to ban gay marriages.

The Washington Post has an excellent feature on the debate over what the proposed federal amendment actually says, when it says:

"Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups."

Some of its backers claim this would not prohibit states from recognizing Vermont-style civil unions, and much of the media (including the hapless New York Times) have reported this assertion as if it were so. But it's increasinlgy evident the phrase "marital status or the legal incidents thereof" would also prohibit recognition/enforcement of civil unions and domestic partnerships, or else the words would have no purpose.

And, as the Washington Post story notes:

Two of the amendment's principal authors, professors Robert P. George of Princeton and Gerard V. Bradley of Notre Dame Law School, contend that the opening sentence also would forbid some kinds of civil unions. ...

Gay rights groups contend that the phrase about "legal incidents" of marriage would bar civil unions, and that evangelical Christian organizations are trying to sell the amendment to the public as more moderate than it is.

In the cultural wars, it seems, the first casualty is truth.

More Mendacity.

If Bush is flat-out wrong, at least we know where he stands. As the Washington Blade editorializes, John Kerry wants to confuse his views and is succeeding:

In an interview this week on National Public Radio, Kerry expressed support for a constitutional amendment banning gay marriage. His campaign staff quickly reassured a Blade reporter the next day that Kerry was talking about an amendment to the Massachusetts state Constitution and that he maintains his opposition to the federal amendment.

Of course the national radio audience that heard Kerry didn't learn of that distinction, because the question was not specifically addressed to the Massachusetts state Constitution and neither was Kerry's answer. It was the second time in recent weeks Kerry has fudged the gay marriage issue.

Not exactly a profile in courage, is it?

Gay Activists at Work (Sort Of).

IGF contributing author Paul Varnell takes a sharp-eyed look at the salaries being paid to leaders of gay organizations -- sometimes in excess of what other comparably sized nonprofits pay (GLAAD's Joan Garry, last year's top-paid gay leader at $210,000 according to a Washington Blade survey Paul cites, rakes in "a stunning 5 percent of her organization's total annual revenues").

And what do you get for your money. Often, inanities like the following from the National Lesbian & Gay Journalists Assocation (NLGJA). Of all the issues regarding the reporting, and misreporting, of the Federal Marriage Amendment, the PC squad at the NLGJA has decided to unleash its ammunition against the (get this) use of the terms "gay marriage" and "same-sex marriage" by the press. Declares an "Open Letter from the National Lesbian & Gay Journalists Association to the News Industry on Accurate Reporting About Marriage for Gays and Lesbians" (from Pamela Strother, Executive Director):

The terms "gay marriage" and "same-sex marriage" are inaccurate and misleading. The decision made by the Massachusetts court affects the state's existing marriage law. The court has ordered the state to apply the existing law equally to gay and lesbian couples as early as May 2004. The accurate terminology on-air, in headlines and in body type should be "marriage for gays and lesbians."

Oh, sure, I can just see that phrase making it into headlines. The press, of course, will rightfully ignore such stupidity, but it's a sad statement of just how weak our national organizations are, as we embark on what may be the fight of our lives.

More Recent Postings

2/08/04 - 2/14/04

Bush’s Folly.

I can't disagree with Democratic strategist Jim Jordan on this one. As the Washington Post reports, Bush is expected to endorse the anti-gay Federal Marriage Amendment. Says Jordan:

"When Republicans are in a pinch, they always look for the cultural wedge issue," he said. "Bush's margin of victory in 2000, such as it was, came from moderate suburban voters taking Bush's word that he was a different kind of Republican, a compassionate conservative. Issues like this look mean-spirited."

Hedging His Bets.

Democratic frontrunner John Kerry seemed to be telling National Public Radio this week he, too, could support a constitutional amendment to ban gay marriage, saying:

"Well, it depends entirely on the language of whether it permits civil union and partnership or not. I'm for civil union. I'm for partnership rights."

But as for same-sex marriage, his opposition is so strong he'd consider favoring an amendment:

"Marriage is a separate institution. I think marriage is under the church, between a man and a woman, and I think there's a separate meaning to it."

And you don't want to sully something as sacred as marriage with homosexuals, do you?

While the NPR interviewer appeared to be asking about amending the federal Constitution, Kerry's gay liaison quickly protested that Kerry thought he was answering a question about amending the Massachusetts state constitution, and affirmed that Kerry is against the proposed Federal Marriage Amendment. In other words, Kerry can plausibly argue to be on both sides of the gay marriage issue -- shades of his Iraqi position(s). He's only for constitutionally banning same-sex marriage in the one state where it might otherwise happen.

Now let's see what the gay Democratic activists do. Chances are they'll defend Kerry's mixed messages, reiterate that Bush and the GOP are responsible for all evil in the world, and party hardy in Boston.

Meanwhile, Time this week reports:

As Air Force One flew to South Carolina last week, the President made clear his opposition to gay marriage but added, "I'm not against anybody," according to Jim DeMint, a Republican Congressman who was aboard. "If some people want to have a contract, that's O.K., but marriage is the foundation of society." Though it was an offhand comment, the idea that Bush might favor some kind of "contract" for gay couples -- presumably a type of state recognition -- is astonishing when you look back at the brief history of the gay-marriage debate.

No, I'm not defending Bush or excusing his actions -- just noting that even the conservative GOP camp has moved quite far from where it was a few years ago.

A final thought: If the amendment can be stopped, the advancement toward full equality for gay Americans will have jumped forward exponentially. If the amendment succeeds, we'll be frozen in place for a generation. Those who stand up to popular prejudice and defend our Constitution, as written, will be true profiles in courage. We know Bush is on the wrong side of this one; Kerry -- to date -- is trying to have it both ways.

National Gay Leaders: Worth the Price?

First published on February 11, 2004, in the Chicago Free Press.

Back in the early years of the AIDS epidemic, you could scarcely go out to bars on weekend nights without paying a door charge "for AIDS" or being asked by some fresh-face young man to contribute to AIDS education. Bars held raffles, sales, fundraisers garnering anywhere from a few hundred to several hundred dollars.

Then the head of some AIDS group would step forward, accept the money and thank the crowd for "helping support the fight against this dread disease," telling us how wonderful we all were. And we would smile and applaud because we knew we were helping the fight against AIDS and we were wonderful.

For years, I cheerfully contributed a few dollars each time I was asked. After all, it was a worthy cause, I knew people with AIDS, some dying, and I was glad to help as much as I could.

Then sometime in the late 1980s I read that the head of the largest local gay health organization doing AIDS work was paid a salary of something like four or five times my admittedly rather unimpressive annual income at the time.

That made me stop and think. And I stopped contributing. The amounts this woman was gushing over and thanking people for contributing would barely pay her salary for a day or two, much less go to help anyone with AIDS. If she were so concerned about AIDS, I wondered, how much of her own salary she was contributing?

And this was while I was doing a considerable amount of volunteer AIDS-advocacy work of my own within the all-volunteer state gay advocacy organization.

So I resolved to make no more contributions to AIDS groups unless there were full disclosure. That is, unless I knew how much the executives made, how much money actually went to useful projects, and what specific things the money went for. And that information was seldom if ever available.

I thought back to all this when I recently read an article in the Washington Blade detailing the salaries of executive directors of more than a dozen gay advocacy groups.

Joan Garry, executive director of the Gay and Lesbian Alliance Against Defamation, headed the list with salary and benefits of about $210,000. Next was Elizabeth Birch, until recently head of the Human Rights Campaign, paid a total of $200,000. Lambda Legal Defense and Education Fund's Kevin Cathcart was third at not quite $200,000. Kevin Jennings, founder and head of the Gay, Lesbian, and Straight Education Network earns about $165,000. And so forth.

These salaries are higher than most of us earn, at least more than I earn. I suppose they are not out of line with salaries in other social advocacy groups. If they seem high, maybe we are too used to thinking of gay advocacy as something you do as some sort of personal sacrifice.

And, after all, executive directors do have responsibility for the survival and growth of their organizations: setting policy, hiring staff, being a spokesperson, keeping the money flowing in, and doing what we hope is effective advocacy.

Still, since that moment of revelation years ago, my standards for contributing have risen. Fundraising letters waving the bloody shirt of religious right have no impact on me. Don't tell me about the menace, tell me what you are going to do about it. I want specifics. I figure if they are soliciting our money, we have the right, the obligation, to know what they are going to do with it. And how do we do that? Do they issue annual reports of what they achieved with the money we gave last year? Don't even ask.

In my book Kevin Jennings gets a free pass. He founded GLSEN, working courageously in the minefield of homosexuality and young people. He has written books, given innumerable speeches to educators and sparked those high school Gay/Straight Alliances. If anyone deserves his salary Jennings does. And Cathcart's Lambda Legal files high profile suits against unjust laws and policies and often wins. Perhaps no other gay organizations achieve such obvious results with so comparatively little money.

But the others? Especially GLAAD, best known for holding glittery fundraisers and award ceremonies "honoring" pop culture personalities, piggybacking on other people's achievements. And when we learn that Garry's $210,000 salary is a stunning 5 percent of her organization's total annual revenue of $4 million, something seems awry. Do they need my $25? I'm sure Garry can afford groceries without it.

I don't in principle begrudge executives making more money than I do, even a lot more. Maybe they deserve it. Some certainly do. But if they still want me to contribute, they had better give me a really good reason to contribute to them rather than any one of several other groups.

Just for starters, keep in mind that most statewide gay organizations are desperately poor - yet the state level is where most gay political issues are being decided - gay adoption and foster care, hate crime and civil rights laws, gay marriage and partnership issues, and state ratification or rejection of the proposed Federal Marriage Amendment.

Brotherhood of Man.

The Alliance for Marriage, a coalition of religious groups backing the proposed Federal Marriage Amendment to ban same-sex marriage, has a slight problem. As this Washington Post story indicates, the anti-gay Christian groups want both anti-gay Islamic groups and anti-gay Jewish groups in the alliance (apparently, they're committed multiculturalists). But the anti-gay Jewish groups and the anti-gay Islamic groups seem actually to hate each other more than they hate gays. So the Islamic groups have now left.

Alas, as the Post reports:

Both supporters and opponents of the alliance said the departures are unlikely to have much political impact, because the Muslim groups still support the alliance's goal".

So gay-bashing may prove to be the ultimate uniter, after all.

Another look at Islamic homophobia is provided by this sad story, also from the Post, about a gay Palestinian living illegally in Tel Aviv with his Israeli lover. He can't stay in Israel, thanks to the Intifada, and he can't go back to the West Bank either, because of Arab homophobia.

The Sanctity of Marriage, Again.

State Sen. Bill Stephens, sponsor of a proposed amendment to Georgia's constitution that would ban gay marriage, is getting some unwelcome publicity. As reported in the Southern Voice, Stephens was married for 15 years and had two sons before he and his wife divorced in 1991, "in part because she heard persistent allegations that he was having an extramarital affair," the paper says.

Moreover, "The Catholic Church granted a religious annulment in 1996, clearing the way for him to remarry." Thus, the church rendered the little Stephenses bastards in its eyes, all in the name of upholding the sanctity of marriage by refusing to recognize divorce so that a homophobe could stay a faithful Catholic while leaving his wife and then campaigning to prevent gays from marrying.

More Recent Postings

2/01/04 - 2/07/04

The Path Not Taken.

From the Washington Post, an editorial on the latest Massachusetts marriage ruling, titled Why Not Civil Unions?:

When moral certainty bleeds into judicial arrogance in this fashion, it deprives the legislature of any ability to balance the interests of the different constituencies that care passionately about the question. Given the moral and religious anxiety many people feel on the subject and the absence of clear constitutional mandates for gay marriage, judges ought to be showing more respect for elected officials trying to make this work through a political process.

Note, this is an editorial (not an op-ed column) from a major liberal-leaning newspaper, which indicates the scope of the battle before us.

The 'M' Word.

Dissenting justices in Massachusetts, reports the Boston Globe, said the difference between civil marriages and civil unions was a largely semantic one. From the dissenting opinion:

"[W]e have a pitched battle over who gets to use the 'm' word. ...

"Both sides appear to have ignored the fundamental import of the proposed legislation, namely, that same-sex couples who are civilly 'united' will have literally every single right, privilege, benefit, and obligation of every sort that our State law confers on opposite-sex couples who are civilly 'married' ...

"Under this proposed bill, there are no substantive differences left to dispute -- there is only, on both sides, a squabble over the name to be used."

My personal view, not shared by many of our contributing authors, is that if the Massachusetts court had permitted a civil union alternative with the same state benefits given to married couples -- as in Vermont and, arguably, California -- other states would have followed along. This would have afforded the country a "period of adjustment" to legal recognition for gay couples, after which a segue to full marriage rights would not have seemed so radical.

But that is not the path the Massachusetts court took, and full legal marriage will, barring something unforeseen, be a reality. And so we are all called on to do whatever we can to stop the worst outcome of all -- passage of an anti-gay Federal Marriage Amendment to enshrine legal discrimination in the U.S. Constitution.

Activist Mania and Bush.

It now appears more likely that President Bush will formally endorse the Federal Marriage Amendment. I do not, however, feel any remorse over calling anti-Bush gay activists to account for falsely telling their supporters that Bush had already endorsed the FMA months ago, when his earlier statements were clearly conditional. In fact, by already denouncing Bush for what he hadn't yet done, these activists removed themselves from the political space in which gay moderates, libertarians and conservatives were actively lobbying against such an endorsement. That it may happen nevertheless does not mean that the activists' early surrender -- so that high-pitched anti-Bush fund raising appeals could be made -- was in any way justifiable.

Kerry Wavering?

From the LA Times:

Asked about endorsing a constitutional ban on gay marriage, Kerry said he "would have to see what language there is."

How the Right Sees It.

On the gay ruling in Massachusetts, conservative Fox Newsman Bill O'Reilly makes this prediction:

the law of unintended consequences will definitely kick in. -- there will be a federal constitutional amendment defining marriage as between a man and a woman that will override any state court decision. -- So all the happy faces over the gay marriage deal may not be so happy one year from today. The polls say that 66 percent of Americans oppose gay marriage.

Can't help wondering: If all the money gay activists spent on Howard Dean's doomed presidential race (based on the rousing themes of higher taxes, protectionist trade barriers, and capitulation abroad) had instead gone into preparing some kind of massive, professional campaign against amending the federal constitution, wouldn't that have been a better use of funds?

Courting Reaction?

Many gays are celebrating now that Massachusetts' highest court has clarified its earlier ruling and on Wednesday declared we are entitled to nothing less than marriage and that Vermont-style civil unions will not suffice, setting the stage for the nation's first legally sanctioned same-sex weddings by the spring.

Full marriage equality is a goal I whole heartedly support. And I certainly hope this latest judicial action in the Bay State will advance the cause. But it would be extraordinarily na"ve not to anticipate a huge backlash to the court's action.

Already, it appears the ruling is pushing George W. Bush to endorse the anti-gay Federal Marriage Amendment now before Congress -- something he's been dancing around for months. The AP reports that on Wedesday Bush denounced the ruling as "deeply troubling," and

"conservative activists said they had received a White House pledge that he will push for a constitutional amendment to ban same-sex weddings. But Bush, in a written statement, stopped short of endorsing a constitutional amendment, a sensitive election-year issue.

Meanwhile, on the Democratic side, frontrunner John Kerry issued a statement supporting civil unions but adding, "I oppose gay marriage and disagree with the Massachusetts Court's decision."

But more significant is how the rest of the country will respond to what's widely seen as liberal judicial activism (as opposed to legislative action) in what is arguably the nation's most liberal state. A troubling portent:

The Ohio Legislature gave final approval [Tuesday] to one of the most sweeping bans on same-sex unions in the country, galvanized by court rulings in Canada and Massachusetts that have declared gay marriage to be legal. The measure, which also would bar state agencies from giving benefits to both gay and heterosexual domestic partners, would make Ohio the 38th state to prohibit the recognition of same-sex unions.

Gov. Bob Taft, a Republican, planned to sign it within the coming week, his office said.

With reaction brewing in the heartland, Republicans bowing to the religious right and advocating rewriting the U.S. Constitution to permanently make gays second-class citizens, and Democrats hemming and hawing about how an amendment may be a bit much but they, too, are dead set against gay marriage, things could well turn ugly.

That's the pessimistic view. Others, including some of our IGF contributing authors, don't foresee such a disaster. I hope they're right.

Are Gays Wrecking Marriage in Scandinavia?

Gays have been blamed for just about every bad thing that's ever happened in human history, from the fall of the Roman Empire, to the rise of Nazi Germany, to earthquakes in California. How was homosexuality responsible for these events? Well, they happened and there were homosexuals around. There was a correlation.

Enter Stanley Kurtz, a research fellow at the Hoover Institution, who is making a career out of predicting catastrophe if gay marriage is recognized in the United States. In his latest article, published in the conservative Weekly Standard, he argues we have something to learn from the experience of Scandinavia. "Marriage is slowly dying in Scandinavia," Kurtz begins ominously. "A majority of children in Sweden and Norway are born out of wedlock. Sixty percent of first-born children in Denmark have unmarried parents. Not coincidentally, these countries have had something close to full gay marriage for a decade or more." Gay marriage will undermine the institution of marriage, Kurtz concludes, and Scandinavia proves it.

There's one major problem at the outset for Kurtz's argument. There is not one gay marriage in any country he cites. In 1989, Denmark adopted a registered partnership law that granted most of the benefits and obligations of marriage to same-sex couples, with the notable exception of adoption rights. Norway adopted a similar law in 1993, and Sweden expanded its cohabitation law along the same lines in 1994. (Not until 2001 did a European country - the Netherlands - recognize gay marriages that are legally identical to traditional heterosexual marriages.) Thus, Kurtz blames "gay marriage" for worsening a host of social ills that were already present before it existed anywhere in the world.

Second, even if these Scandinavian gay partnerships could be called "marriages," Kurtz shows only a correlation between them and marital decline. For example, after Kurtz notes that marital problems are highest in European countries where gay "marriage" has a foothold, and lowest where it does not, he writes: "This suggests that gay marriage is both a cause and effect of the increasing separation between marriage and parenthood." But this is a correlation; it does not show causation.

There are also correlations between marital decline and non-gay marriage phenomena, like rising women's equality (in employment and elsewhere); no-fault divorce; rising incomes and prosperity; a generous welfare state that serves a caretaker role; longer life and better health; contraception; abortion; less religiosity, and so on. Any of these is a more likely culprit than gay marriage.

Does Kurtz conclude we should return women to barefoot-and-pregnant legal status, ban divorce, tamp down on incomes, lower the quality of medical care, ban the use of contraceptives, and erase the distinction between church and state? All of these things would probably have a positive effect on marriage rates, divorce rates, and illegitimacy - but at very high and unacceptable cost to people like him. Yet Kurtz wants to ban gay marriages, which would have negligible or no effect on the pre-existing problems with marriage, at very high cost to the lives of gay people.

In an effort to demonstrate gays really don't want marriage, Kurtz notes that only 2,372 gay couples had registered after nine years of the Danish cohabitation law, only 674 after four years in Norway, and only 749 after four years in Sweden. Notice that these are tiny numbers in countries of 5.1 million, 4.2 million, and 8.5 million people, respectively, in the 1990s. They seriously undercut Kurtz's claim that registered partnerships are destroying marriage in those countries. To reach his conclusion, Kurtz must assume a huge effect (marital decline) from a tiny cause (gay "marriages").

Even if Kurtz could demonstrate that these Scandinavian gay partnerships have somehow contributed to the erosion of marriage as an institution, he only reaches a conclusion long ago pressed by gay conservatives. It is the opposition to gay marriage that has led to the proliferation of alternatives to marriage itself. These alternatives serve to knock marriage off its pedestal as the gold standard for relationships, something feminist and libertarian critics of marriage might applaud, but traditionalist defenders of marriage should abhor.

Traditionalists like Kurtz rightly worry about the rise in out-of-wedlock births in Europe and America. Notably, registered partnerships in Scandinavia restrict or forbid adoptions or artificial insemination by gay couples. That is, these partnerships encourage the separation of wedlock from parenthood.

Full-fledged gay marriages would not encourage that separation; they would encourage the opposite. In two respects, gay marriage would result in _fewer_ children being raised by single or cohabiting parents. First, there are about 150,000 gay couples in the U.S. right now raising children. Yet these couples cannot marry. Current law guarantees these children will be raised in unmarried households. Second, most gay parents get their children from prior heterosexual marriages or relationships that many of them entered because of the pressures created by anti-gay social stigma. To the extent gay marriage increases social acceptance, and provides models of married gay couples, we should expect these people to be channeled earlier into gay relationships and away from doomed heterosexual relationships that produce children.

Most telling, perhaps, is Kurtz's apparent resistance to changing no-fault divorce laws. Of all the legal changes to marriage over the past 40 years, no-fault divorce has had the greatest impact on the institution. Next to it, gay marriage as a legal reform is trivial. This shows, I think, that Kurtz isn't really serious about defending marriage. Like the many doomsayers before him, his goal is to keep gays down.

Homosexuality in Leviticus

First published February 4, 2004, in the Chicago Free Press.

One of the biblical trump cards for fundamentalist Christians and Jews in their opposition to homosexuality and gay equality is the passage in the Old Testament book of Leviticus 20:13 which reads:

"If a man lies with a male as with a woman, both of them have committed an abomination; they shall be put to death, their blood is upon them." (Revised Standard Version)

But there are problems here. First, notice that this passage says absolutely nothing about a woman lying with a woman. In fact, nowhere in the Hebrew Bible is there any injunction against women engaging in lesbian sex. Ruth and Naomi may not have had a lesbian relationship, but they could have had they wanted to. So fundamentalists cannot cite this passage as a prohibition against anything regarding lesbian equality.

Second, although the passage clearly calls for (non-celibate) gay men to be executed, few fundamentalists except "Reconstructionist" Christian followers of the late theologian R.J. Rushdoony advocate execution for homosexual acts. But if most fundamentalists do not accept the Bible teaching about execution why do they accept the biblical condemnation itself? Both are in their Bible.

Third, as with other topics, the Old Testament is not without contradiction on the issue of homosexuality. Leviticus itself just two chapters earlier provides an alternative view, seldom cited by fundamentalists. Leviticus 18:22 and 29 reads:

"You shall not lie with a male as with a woman; it is an abomination. ... For whoever shall do any of these abominations, the persons that do them shall be cut off from among their people."

The point to notice here is that while gay male sex is again described as an "abomination" - that is, a violation of cultic purity - this passage mandates no punishment. It is simply an injunction to Hebrew men on how to please Yahweh and achieve prosperity. Men who engage in gay sex are only to be ejected from the religious community. This plainly contradicts Lev. 20:13, yet fundamentalists explain neither the contradiction nor why they generally cite the later passage.

That said, it is worth pulling back from fundamentalist literalism and looking at these passages in their historical context. Both passages are part of a larger unit including Leviticus chs. 17-26 that Bible scholars call the Holiness Code.

The Holiness Code in the form it comes down to us consists of a repetitious and disorderly collection of several smaller law codes containing overlapping regulations written at different times and under different circumstances. Biblical scholar Otto Eissfeldt in his The Old Testament: An Introduction, puts it this way: "Whoever united them wished to alter their content as little as possible and had to let the duplicates stand."

Thus, for instance, Lev. 20:10-26 is more or less a parallel to 18:6-30, except that the second version has penalties attached where the first version does not. The likeliest explanation is that, as the New English Bible observes, "The two chapters were once independent, self-contained units."

It is not definitely known when the Holiness Code was patched together, but it was well after the Hebrews became numerous in Israel because Lev. 25-29 refers to the Canaanites having already been expelled. Clearly the compiler forgot that he was supposed to be impersonating a scribe at the time of Moses. According to Eissfeldt, the Code probably dates from sometime after the Hebrews returned from exile but in any case no earlier than 550 B.C., although it contains some older material.

It is tempting to imagine that the prohibition of male homosexuality without penalties was written when the Hebrews lacked political power to mandate penalties and the prohibition with penalties was written when they did have that power.

However that may be, nowadays we might wonder why the Hebrews condemned homosexuality. The Old Testament explanation is that Yahweh condemned the male prostitution that was a religious practice of the rival Canaanites. But this answer has difficulties.

For one thing, it is hard to see why disapproval of sacred male prostitution by a rival religious cult should lead to disapproval of non-religious, non-prostitutional sex between males. For another, the Levitical language actually seems to come into the Hebrew codes as a late borrowing from the Persian religion of Zoroastrianism which the Hebrews came into contact with during the exile and which condemned "the man who lies with mankind as man lies with womankind."

Third, despite the Old Testament claim, there is little evidence that Canaanite religious practice actually included sacred male prostitution. The accusation seems merely to have been part of the backdated fifth-century polemic against the Canaanites.

After a comprehensive examination of the available historical evidence for sacred prostitution, Kenyon College religion professor Robert Oden wrote in his book The Bible without Theology, the accusation of sacred prostitution "played an important role in defining Israel and Israelite religion as something distinctive. ... However, that it existed in ancient Syria-Palestine or Mesopotamia is not demonstrated in any of the evidence to which appeal is so frequently made."

{Author's note: Since the first publication of this piece, my attention has been drawn to sociologist Stephen O. Murray's recent comprehensive study Homosexualities (University of Chicago Press, 2000) in which, drawing on different sources and different evidence, he also concludes that Canaanite sacred prostitution did not exist. Referring to the supposed cult prostitutes or "qdeshim" mentioned in the Old Testament, Murray says, "There is no evidence that their sexual services were sold to men or that having sex with them had any religious significance" (p. 295).}