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Supreme Court to Get It Right -- at Last? Back in 1986, in its infamous Bowers vs. Hardwick decision, a deeply divided U.S. Supreme Court ruled states may criminalize consensual, non-commercial same-sex behavior among adults -- even in the privacy of their own bedrooms. This appalling miscarriage of justice put up a major roadblock to full legal equality for gays and lesbians. Now, after 16 years, the Court has finally agreed to revisit its ruling.

Much has changed over those years. Today, just four states (Texas, Kansas, Missouri and Oklahoma) punish only homosexual sex, while nine states ban consensual sodomy for everyone -- although prosecution is generally limited to those unfortunate gay couples who are, for whatever reason, "caught" (i.e., straights doing it in a parked car are told to move along; gays get arrested and a criminal record as sex offenders). But the problem isn't really actual arrests for private sex. Rather, because these laws make sexually active gay people into criminals per se, they are used to justify all manner of government discrimination -- from denying child custody or even visitation rights (some state courts have told a divorced gay parent to jettison their lover or stop seeing their child), to preventing gays from becoming cops, to prohibiting same-sex couples from seeking the benefits states provide to opposite-sex couples. If the Court reverses itself and finds state sodomy statutes are unconstitutional, it will be much harder to deny gay citizens the rights of other Americans. If it goes the other way, it will be a huge setback. Stay tuned...

Addendum: I should have mentioned that the Lambda Legal Defense and Education Fund is spearheading the case before the Supreme Court -- especially since I recently criticized them for their over-wrought protest against Miss America (triggered by her support of pro-abstinence education).
--Stephen H. Miller

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Good News! More Sex; Less Lies. A new Centers for Disease Control survey of American men finds that more men say they are having sex with other men than in the 1980s. As Reuters reports:

surveys collected since 1996 showed between 3.1% and 3.7% of men reported having sex with another man during the past year. This is a sizeable jump from 1988 estimates of between 1.7% and 2% "

Of course, this 3.1% to 3.7% of American maledom should be viewed as a minimum baseline, since many MHSWM (men having sex with men) won't admit it. In the words of the CDC's Dr. John E. Anderson, who co-authored the report: "Male-to-male sex is still a sensitive, stigmatized behavior, and...is likely to be underreported to some unknown degree. Even though these recent estimates are somewhat higher than other surveys, they probably are still low." No kidding. (Plus, the survey wasn't intended to count those gay people who don't happen to be sexually active.)

Another survey finding: attitudes about the acceptability of same-sex activity have also improved:

between 1996 and 2000, up to 34% of survey respondents said they believed homosexuality was generally not wrong, while only 24% of people who completed the survey between 1988 and 1994 had similar attitudes toward same-sex activity.

Can anyone doubt that these trends will continue to do anything but rise, with significant socio-political ramifications for issues such as same-sex unions?

Breaking Up Really Is Hard to Do. Couples who were legally united via a civil union in Vermont are finding they can't dissolve their unions if they reside in other states, leaving them in a kind of legal limbo as regards inheritance rights and other matters. One of the problems: the federal Defense of Marriage Act and similar state statutes, which state courts interpret as barring them from ruling on same-sex union matters. As the Washington Post reports:

Outside of Vermont, civil unions are not recognized, so they cannot be ended. ... The U.S. Constitution's "full faith and credit" clause requires states to recognize "public acts, records and judicial proceedings" from other states, but the courts have never applied that to same-sex unions.

This problem will only get worse as more couples united in Vermont later seek to disentangle themselves. The answer is for other states, at the very least, to recognize Vermont civil unions as a legal contract. But that would mean they'd have to stop stigmatizing gay couples, of course.
--Stephen H. Miller

Must We Fear the Gay Right?

Originally appeared Nov. 29, 2002, in Gay Life (Baltimore).

Richard Goldstein, an executive editor of the Village Voice, has opened a new front in the gay cultural wars with his new book, The Attack Queers, in which he argues that an alliance between the liberal media and the gay right (whom he calls "attack queers" "homocons" and "neocons") is threatening the soul of the gay movement. Gay conservatism, he charges, strays from the tradition of "queer humanism" which is the ideological bedrock of our movement, and that makes it betrayal and disloyalty, pure and simple. "The gay right exists, just as Jews for Jesus do, but it stands apart from the sensibility that marks us as a people." Radicals, the only authentic queers, must expose and defeat this evil "before it's too late." Most prominent on Goldstein's enemies list are Andrew Sullivan, a conservative; Norah Vincent, a libertarian; and Camille Paglia, a Ralph Nader liberal; but he claims to see through their "superficial" differences to the underlying, frightening reality - that all of them are soldiers in a unified campaign of backlash and reaction.

This book is not serious political analysis. You won't learn anything about actual gay conservatives by reading it because Goldstein has no real interest in, or knowledge of, their political views. Instead, he goes to battle with familiar, cartoon-like stereotypes of the right - accusing his enemies of fearing differences, supporting male domination, advocating rigid gender conformity, and so on. No one familiar with the published positions of the writers listed above (such as Paglia's spirited defense of drag queens and identification with the transgendered) will recognize their actual ideas in his deliberate caricatures of them. There's also something disconcerting about a gay writer who takes other gay writers to task, not on the merits of their ideas, but because they "deviate" from a presumed orthodoxy.

What is interesting about this book is that it throws into sharp relief how much we as a culture have changed socially and psychologically in the last three decades. Goldstein is a member of the Stonewall generation (as I am), but there's something of the '70s dinosaur about him. He seems locked into the emotional atmosphere of that tumultuous time.

We often felt, then, a profound sense of alienation from American culture and political life. It wasn't clear that this country could or would make room for us, and many of us believed that only a revolutionary restructuring of America would guarantee our liberation. Despite our enthusiasm, many of us were deeply fearful, because emerging from the closet exposed us to the real dangers of arrests, beatings, firings, ostracism and ridicule. We were excited by the gains we were making, but suspicious about how long the country would tolerate our movement before crushing it in a brutal backlash.

Goldstein remembers marching in a gay contingent in a New York St. Patrick's Day Parade. "We strode past a million people shrieking epithets. It was a terrifying spectacle, but utterly exhilarating. By facing stigma in all its fury, I was finally able to see the system it created, and how crucial my suffering was to its cohesion. I was the sexual other against which masculinity could be defined...." This was "gay identity" - grim and militant, angry and hypervigilant, formed in defiant confrontation with oppression and brutality.

I, too, remember participating in such demonstrations, but the last gay march I attended was a local Pride parade this year, a day of balloons and children, corn dogs and beer, bands and floats. I was prepared, as always, for the "exhilaration" of a confrontation with the hostile masculine other against which I could exercise my authentic gay identity; but, alas, no one was shrieking any epithets, so I had to settle instead for a less dramatic afternoon of dancing and cruising.

The social environment has changed enormously in the past thirty years, and our movement, like all successful minority movements, has largely evolved from the stage of street confrontation to that of dialogue and negotiation. We're all aware that there are many challenges still ahead, and we don't have to be reminded that eternal vigilance is the price of liberty. But reading Goldstein is like trying to have a conversation with a paranoiac who thinks that everyone who doesn't share his delusion that the Gestapo is running America is "naive." It isn't, and we aren't.

By every measure, the vast majority of gays and lesbians are left of center politically, so there's no need to believe the movement is about to be swamped by the right. But I think there is also little doubt that the profound sense of alienation from the larger society that formed the atmosphere we breathed decades ago has greatly diminished. Our movement has been a test of the commitment of western civilization to its professed values of liberty, diversity and tolerance. We made our case - we used the courts, the media, and the political systems - and our civilization responded. It's response remains unfinished and imperfect, a work in progress; nevertheless, we now enjoy in Europe and the United States a level of safety and freedom undreamed of almost everywhere else in the world. It turns out that we didn't have to overthrow the government or remake the economic system to move forward. Alienation has hardly disappeared, but fewer and fewer of us experience ourselves as strangers in a strange land anymore, and since 9/11 some are even bold enough to admit that they love their country. Our trust in the guiding values of western civilization has not been in vain; our loyalty to it's basic institutions has not proved to be the loyalty of fools. If these are the attitudes that worry Goldstein when he speaks of "homocons" then millions of gays and lesbians are homocons, and his cause was lost long ago.

There's a siege mentality in Goldstein's dread of the gay right, a sense that if we don't all hang together ideologically, then we'll all hang separately. He's willing to tolerate any kind of diversity except the political kind, but for those of us with more faith in the strength and vitality of our movement, ghettoes - physical or ideological - are increasingly anachronistic. We need lose no sleep if someone in the neighborhood is a Log Cabin Republican, and we can see diversity in gay political thinking as a sign of our increasing maturity, not as a betrayal of the One Truth. Let us always be skeptical of apostles of "inclusiveness" who work to create new outsiders, or any program for "liberation" which begins by fingering heretics.

The great irony of this book is that Goldstein, who imagines that he's a progressive, has written a book arguing for a return to "traditional values." As I read The Attack Queers, I sensed in its author the same deep dread that always powers such campaigns - the lurking fear that history has left him behind. Well, call me an optimist, but I believe it has.

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Two Views. I guess it all depends on how you look at things.

From the Log Cabin Republicans, Republicans Sweep Senate and House, Making History, While Gays Win Most Ballot Issues:

In all, 92% of LCR-endorsed House Republican incumbents were re-elected, and 100% of LCR-endorsed Senate candidates won or advanced to a run-off. Also, LCR-endorsed candidates for governor were victorious in New York (Governor George Pataki), Massachusetts (Governor-elect Mitt Romney), Maryland (Governor-elect Robert Ehrlich) and Georgia (Governor-elect Sonny Perdue). -- In Ohio, Governor Bob Taft (R) won overwhelmingly despite strong opposition by far-right groups to his selection of LCR-backed Jeannette Bradley (R) as his running mate. Bradley, a strong supporter of same-sex partner health benefits for public employees, will be the first African American female lieutenant governor in the nation's history. --

From the anti-gay Family & Culture Institute, Opposition to Homosexual Agenda Propelled GOP Victories Across Nation:

the fact that clear pro-family stances on homosexuality played well as major campaign issues rebuts a central argument of groups like the homosexual Log Cabin Republicans (LRC) and Republican Unity Coalition (RUC). For years, these groups have argued that GOP candidates must reach out to "moderate" voters either by taking pro-homosexual positions or - as RUC advises - making "homosexuality a non-issue" in their campaigns. But even in liberal, heavily Democratic states, the election results provided evidence that principled opposition to homosexual activism helped candidates win. ...

[In Florida,] Gov. Jeb Bush, the president's brother, clearly embraced the state's law banning homosexual adoptions. ... [In Georgia,] Rep. Saxby Chambliss (R) defeated incumbent Sen. Max Cleland. The state Republican Party pounded Cleland for his vote against the Helms amendment prohibiting federal funding of schools that ban the Boy Scouts. "

Yes, I"m partial. But weighing both arguments, I think the anti-gays come up awfully short. Aside from a stray city council or state legislative race here or there, all the key victories they claim were decidedly not decided by "family values" issues at all. Meanwhile, Log Cabin's involvement in so many winning races was, in and of itself, a victory for gay inclusion.

Lambda Goes Astray. Just why is Lambda Legal Defense, whose mission is to fight legal battles against gay discrimination, going ballistic over Miss America's pro-abstinence views? Yes, the advocacy of abstinence-only education for America's youth, as opposed to publicly funded safe-sex education, is a topic worth raising and debating, but by Lambda? Take a look at their website, dominated by denunciations of Miss America 2003, Erika Harold. It's just bizarre. Are there no cases of government discrimination to litigate? Have all the "sodomy laws" been repealed? Is gay marriage now legal? Just what gives? We expect the censorious activists over at the Gay & Lesbian Alliance Against Defamation to reproach those who express views not in step with the party line and demand contrition. It's a shame that Lambda has fallen into this trap.

Update: Since this posting, Lambda's website has been changed and the lead coverage is now, more appropriately, the Supreme Court case to overturn state sodomy statutes. The Miss America brouhaha has been reduced to only the second most important item on the website.
--Stephen H. Miller

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Beyond Left and Right. Check out this piece from Sunday's Washington Post by political reporter Thomas B. Edsall, titled
The Sum of Its Parts No Longer Works for the Democratic Party:

But perhaps the most significant recent development in the makeup of the electorate was found in an exhaustive August survey of 2,886 adults by The Post, the Henry J. Kaiser Family Foundation and the Harvard University School of Public Health.

The survey found that the nation's youngest voters, who turn out in very low numbers on Election Day, are significantly different from the rest of the electorate. Their libertarian views cut across the social and economic spectrum. They support gay marriage and are more suspicious of religious values in public life, making them fair game for the Democrats. But they are also the only age group with majority support for partial privatization of Social Security (62 percent) and school vouchers (56 percent), both Republican issues.

As these voters grow older and turn out in larger numbers over the next decade, they are the only age group in which a plurality of people identify themselves as Republicans, edging Democrats by a 46-to-41 margin. This suggests not only that the Democratic Party cannot depend on the electorate of the future to restore its competitiveness, but also that the party faces intensified conflicts between its traditional constituencies and the more libertarian young electorate.

For the nation's sake as well as their own, let's hope the Democratic Party moves away from its reactionary opposition to Social Security reform, legal liability reform, and school choice, and begins to put the nation's well being above pandering to government employee unions and trial lawyers. And let's hope the Republican Party continues to break ranks with its own reactionary constituencies, which want to use the power of big government to control and diminish people's private lives.
--Stephen H. Miller

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Achievable Measures. I return to the topic of pushing for achievable victories in Congress that will improve the status and well being of gay citizens, as opposed to sweeping gay-rights measures with little, if any, chance of becoming law. One example: I just read in a tax-advice newsletter that certain proposals regarding Individual Retirement Accounts (IRAs) are likely to be debated in the upcoming Congress, including "Allowing rollovers for non-spouse beneficiaries. Current law does not allow this."

If I understand this correctly, you can currently leave the funds in your IRA account to a non-spouse beneficiary, but they"ll have to cash out the IRA rather than maintain the funds in a tax-benefited retirement account. Income taxes also have to be paid on the inherited proceeds of a traditional IRA. A law change could allow beneficiaries to transfer the inheritance into their own IRAs, and to do the same with funds inherited from a 401(k) plan.
As the newsletter puts it:

When you add a possible repeal of the estate tax to the above mix, it amplifies the benefits of leaving more IRA funds to beneficiaries who can inherit them estate tax free.

Don't smirk; this sort of common-sense measure could make a big difference in the financial well being of a great many surviving gay partners. Yes, it would be better to have legal gay marriage, or even federally recognized civil unions. But that's not going to happen anytime soon; reforming some of the hundreds of laws that disadvantage gay partners relative to spouses is something that CAN be done, law by law. And one of the biggest such laws involves Social Security benefits, which can now only be inherited by a spouse. You contribute year after year throughout your entire working life, but if you die unwed in the eyes of the law, your partner gets nothing. Enacting personal (that is, privatized) Social Security accounts that you can leave to whomever you choose would be a godsend to many gay survivors (ironic, isn't it, given the adamant opposition of left-liberals to meaningful Social Security reform).

Do such steps risk "weakening marriage"? To some extent, yes. That's unfortunate. If social conservatives would wake up and support same-sex marriage or even marriage-equivalent civil unions, this wouldn't be an issue. Until that day, it's important to work toward increased legal equality in vital areas such as inheritance; it might even put pressure on the social conservatives to change their tune.
--Stephen H. Miller

Homosexuality and Morality, Part 1: The Essential Question

THE HOLIDAY SEASON is upon us, and with it come holiday dinners, which can be hazardous to your health. This is not because the dinners are fattening or because you might choke on the wishbone. It's because holiday dinners mean extended family gatherings, and your family can drive you crazy.

This is true even under the best of circumstances. But holidays are especially fraught with danger. Maybe it's the eggnog, or maybe it's the fact that when people buy you gifts they feel entitled to "express themselves". Whatever the reason, these occasions give your relatives the wacky notion that they ought to tell you precisely how they feel about your lifestyle: "It's none of my business, really, but you're going to hell. Now please pass the eggnog."

"My lifestyle? Hello, I live in Michigan. Nobody here has a lifestyle." But by this point Aunt Sally has moved on to the next offensive remark.

Never fear, dear reader: I've got your back. For over the next several weeks, I'm going to do a series of columns on homosexuality and morality. The point of these (aside from helping me to pay for my extravagant Christmas shopping) is to provide you with ammunition in the face of anti-gay attacks. The columns will be based on my lecture "What's Morally Wrong With Homosexuality?" which I've developed and presented around the country for the last ten years.

Let's begin with a thought experiment. Suppose I told you that reading the newspaper is morally wrong.

"Why?", you might ask. "Does it corrupt the mind? Is it produced by child labor? Is newsprint environmentally unsound?"

"No," I answer. "None of those things. It's wrong because you might get ink on your fingers, and ink-stained fingers are an intrinsic moral evil."

The above exchange might lead you to think I had been hitting the eggnog a bit early. My claim about the morality of newspaper reading makes no sense - for two reasons. First, moral claims are only as good as the reasons that back them up. Second, those reasons must have some genuine connection with human well-being: not just any reason is a moral reason.

And this fact bears repeating: morality has a point. That's why the idea that ink-stained fingers are evil is just - well, stupid. Typically, ink on your fingers won't hurt anybody. It won't detract from your or your neighbors' well-being. There's no good reason to condemn it.

What about homosexuality? Most arguments against homosexuality fall into three broad categories: (1) the Bible condemns it; (2) it's harmful; and (3) it's unnatural. Over the next three columns I'll address each of these in turn.

But before I turn to the arguments against homosexuality, I want to state a preliminary argument in favor of it: namely, that homosexual relationships make some people happy.

To say this is not to settle the matter. Some things that seem to make us happy at first glance (e.g. Aunt Sally's pie) are better avoided in the long run. Whether homosexuality is one of those things depends on the success of the arguments in the next several columns.

Rather, to say that homosexual relationships make some people happy is to create a burden of proof for the other side. Most everyone recognizes that falling in love and expressing that love sexually are sublime human experiences. Romantic relationships can be an avenue of communication, of emotional growth, and of lasting interpersonal fulfillment. Anyone who would deny this opportunity to homosexual people had better have a good reason. Do they? Join me for the next several weeks as we explore this issue.

And as we do so, please remember: morality is not the exclusive domain of our opponents. Exhausted by the moralizing of Aunt Sally - not to mention Jerry Falwell, Dr. Laura, and their ilk - we might sometimes be tempted to reject the practice altogether. And then we start to believe the fallacy that "Morality is strictly a private matter."

Nonsense. Morality is about how we treat one another - and that's very much a matter for public concern. It's about fairness and justice. It's about what matters to us - not just as a personal preference, but as a standard for public behavior. We have as much right to espouse such standards as anyone else - indeed, even more right, insofar as reason is on our side. And that's precisely what I'm going to argue over the next several weeks.

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A Better Student-Boycott Story. In a Nov. 13 posting, I noted a newspaper account that said hundreds of students at a Kentucky high school had stayed home to protest against the school's new gay-straight alliance. But here's a more uplifting "students stay home" story, this time from the Windy City. As the Chicago Tribune reports:

Fearing that two girls voted "cutest couple" would be denied the honor because of their sexual orientation, about 60 students at
Crete-Monee High School walked out of class Tuesday in a show of support. But administrators said they never intended to deprive the two seniors of their title, only to seek consent from their parents before allowing the information to appear in the yearbook. ... The walkout was hastily planned after the school board failed to address the issue at a meeting Monday.

So at one American high school students boycott to protest gay inclusion, while at another they boycott to protest what they feared was gay exclusion. In a nation as idologically diverse as ours, this shouldn't be suprising. But the proponents of inclusion are clearly winning, despite the reactionary eruptions we're still likely to see from time to time.

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Bigotry, Left and Right. Here's a fine column by Deroy Murdock taking aim at how the military's anti-gay bigotry is hurting the war against terrorism (and the Republican adminstration's failure to remedy the situation), as well as a look at some of the anti-gay shenanigans, by Democrats, during the recent congressional campaigns. That Deroy's criticism of political homophobia is published on the conservative National Review Online website is of great significance, again showing that the political right seems more open to actual debate these days than the political left.

Back to the Past. As it happens, my partner and I had dinner with Deroy last weekend and then we all saw the new film "Far From Heaven," in which Dennis Quaid plays a married, closeted gay man in 1957 suburban Connecticut. Julianne Moore is his loyal but frustrated wife, who turns to the family's black gardener for solace. If you"re a fan of the great Douglas Sirk classic melodramas of the fifties, especially "All that Heaven Allows" in which Jane Wyman is a well-to-do suburbanite who falls in love with gardener Rock Hudson (who was, in real life, a closeted gay man), then pounce.
--Stephen H. Miller

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Margin of Difference. A provocative op-ed ran in the New York Times on Nov. 16 by conservative writer John J. Miller, titled A Third Party on the Right. Miller (no relation) observes that in South Dakota's hotly contested Senate race, Republican challenger John Thune lost by a mere 524 votes, while Libertarian Party candidate Kurt Evans drew more than 3,000 votes. Says Miller, "It marks the third consecutive election in which a Libertarian has cost the Republican Party a Senate seat." He continues:

It's important to appreciate that Libertarian voters are not merely Republicans with an eccentric streak. Libertarians tend to support gay rights and open borders; they tend to oppose the drug war and hawkish foreign policies. Some of them wouldn't vote if they didn't have the Libertarian option. But Libertarians are also free-market devotees who are generally closer to Republicans than to the Democrats.

(In all fairness, I should note that many Libertarian Party voters don't support anti-discrimination laws for gays or anyone else, but do oppose government-sanctioned discrimination -- and many don't think the government should be in the business of deciding who can marry whom.)

Miller's point is to castigate Libertarians for running candidates against Republicans, but an alternative conclusion would be that Republicans have to start courting those who vote Libertarian -- i.e., politically engaged voters whose "live and let live" views on social issues are often diametrically opposite those of the religious right. It won't be easy to reach out to Libertarian voters and to placate religious conservatives, but no one said life, or politics, was easy.

Times Says "Never Mind". On Nov. 14, the New York Times ran the following correction:

An article yesterday about a California judge's victory after a bitter but nonpartisan campaign to be San Diego's district attorney, making her the first openly gay elected prosecutor in the country, misstated her political affiliation. The judge, Bonnie Dumanis, is a Republican.

As I wrote on Nov. 13, the Times just naturally assumed that a ground-breaking lesbian D.A. would be a Democrat. The lesson: don't assume.

Update. A readers writes in to say:

I think you went too easy on the NY Times getting Dumanis' party affiliation wrong. They didn't just simply misstate her political affiliation as "Bonnie Dumanis [D]", they smugly declared, "it was no secret to the voters that she is a Democrat." They tried to make it sound as if they have the inside track on Ms Dumanis and her friends. They outright lied in print - and this is a newspaper of record America is supposed to trust?