Culhane: How DADT repeal will help gay marriage
Depending on whom you read and rely on, the DADT ban is or is not about to be history. Many stories have been written on the proposed law, but not much has been said about this point: If the repeal does go through, the case for marriage equality becomes rhetorically stronger. Why?
First, unlike many of the laws that seek equality for the LGBT community, DADT and the ban on same-sex marriages are instances where the government itself is doing the discriminating.
Thus, the rhetoric that’s used in one case applies to the other: Government should treat all of its citizens equally. Even an unreconstructed libertarian like Rand Paul – currently in boiling water because of his statements that the government shouldn’t tell private businesses whom they can and can’t deal with (including, say, African-Americans) – should support a principle of basic fairness and equality for all citizens. (He doesn’t, of course, so his libertarianism is born of convenience, not principle.)
Second, the most-often heard argument against allowing gay and lesbian soldiers into the military is that they will disrupt “unit cohesion.” But if this argument is ultimately rejected in the one area in which it at least sounds plausible (if only because of a homophobic atmosphere that has too often come from higher-ranking military), that rejection weakens a similar argument that’s advanced by many of those who oppose marriage equality: Allowing gays, lesbians, and transgendered people to marry will weaken heterosexual marriages – disrupt their “unit cohesion,” if you will.
But if folks in the military can somehow learn to deal with gay and lesbian troops who live and fight alongside them every day, then surely straight couples can absorb the blow inflicted by living in the same society as same-sex couples.
Sometimes the argument is pitched at a slightly more sophisticated level: While marriage equality won’t immediately affect heterosexual couples, in the long run it will change the message of marriage by suggesting that the biological connection between parents and children isn’t important.
Maggie Gallagher is perhaps the anti-equality spokesperson most associated with this argument, but I’ve also heard it made during litigation. For example, during oral argument before the Iowa Supreme Court, the state’s dramatically unsuccessful effort (7-zip) to block equality leaned almost exclusively on a version of that argument.
Courts, though, are rarely impressed by such abstract arguments – especially when they carry more than a whiff of desperation. You’ll notice that the anti-equality forces haven’t been especially vocal about opposing adoption, surrogacy, or no-fault divorce laws, all of which of course sever the biological connections between parents and their children.
Nor do they acknowledge that marriage sends a bunch of other messages, too – including that one about commitment and the raising of children, together.
Against these arguments stand the obvious and debilitating discrimination against all of us – those who’d marry if we could, and those who wouldn’t but who are constantly reminded of our second-class citizenship. Faced with the balancing of that ledger, any self-respecting court should require sounder arguments for the continued exclusion of LGBT couples from the institution of marriage.
And recently, they have: Supreme Courts in California (pre-Prop 8), Massachusetts, Iowa and Connecticut have all read their state constitutional guarantees of equality to require the issuance of marriage licenses to same-sex couples.
Are there other arguments against marriage equality?
Not good ones.
Even Justice Scalia admitted, in his dissent in Lawrence v. Texas, that the marriage-procreation link isn’t a reason (we don’t require proof of reproductive capacity), and the related arguments that opposite-sex couples “need” marriage because only they can procreate “accidentally” (Oops! I Procreated Again!) is just plain dumb (even though it was accepted by the highest courts in both Washington and New York).
Religious arguments, of course, have no place in a public debate (for one thing: whose religion controls?)
So we’re left with this kind of discomfort with marriage equality – that somehow it will affect straight marriages, however indirectly and over time. Once this “unit cohesion” argument falls in the military setting, its demise in civilian life should be briskly achieved. Let’s begin to press this argument.
John Culhane is Professor of Law and Director of the Health Law Institute at Widener University School of Law in Wilmington, Delaware. He blogs about the role of law in everyday life, and about a bunch of other things (LGBT rights, public health, science, certain sports, pop culture, music, philosophy and lots of personal stuff) at: http://wordinedgewise.org. A fuller bio can be found here. He can be reached via email at: johnculhane@comcast.net.
Thursday’s Watercooler: Oprah goes primetime and Lady Gaga stands up for gay teens
Today, gay kids continue to make waves across the country. I’m hoping it’s a trend, that Constance has inspired a national uprising amongst gay teens. It’s about time someone challenged the strangle hold administrators have over high school students. In today’s story [1], a Nashville teen, Cole Goforth, wore a “Lady Gay Gay” t-shirt and was told to go home and change because the shirt caused “disruptions” at school. Cole refused and Lady Gaga tweeted her support for his assertion of first amendment rights. It’s a good legal fight and I hope Cole takes it all the way. And props to Gaga for lending her support!
[2]
In other serious but less sexy news, Obama and Medvedev (Russian President) have signed [3] a small, but significant nuclear disarmament treaty. It’s not going to eliminate the incredibly large nuclear program in the U.S. or that of Russia, but even some sort of deal is progress. Nuclear disarmament has been getting knocked around recently (think North Korea) and it’s heartening to see any movement towards the reduction of these weapons in the world.
[4]
While Obama works on serious issues regarding nuclear war, the Republican party falters in a sex scandal. I know it’s not new news today, but this interview between Jon Stewart and disgraced “Steele” is too hilarious. Lesbian bondage…. who knew you would see the Republicans get into that?
The Daily Show With Jon Stewart [5]
Mon – Thurs 11p / 10c
Michael Steele Plays the Race Card [6]
www.thedailyshow.com [7]
Daily Show Full Episodes [8]
Political Humor [9]
Health Care Reform [10]
While I am more likely to watch Stewart than Oprah, I do catch her at the gym every once in a while and I am excited that her new show will happen [11]at a more reasonable hour. And it will include international travel and celebrities! What more could we ask for? This is definitely better than the episode I saw an ad for about straight couples who no longer have sex. I would much rather watch Oprah and Brad Pitt go to Egypt. Wouldn’t you?
[12]
In a final piece of shocking news, a Wisconsin district attorney is arguing [13]that sex ed teachers who teach teenagers about condom use and contraception when they know or ought to know those teenagers are having sex with other underage individuals could be criminally charged. It’s a complete perversion of the law and a scare tactic obviously aimed at removing proper sex ed from classrooms. What is most troubling is that this DA is in a position of power when it comes to criminal sanctions in the state and he is so obviously highly conservative. Should we really have ideologues like this in offices that hold power over the population’s very basic freedoms?
[1] http://www.mtv.com/news/articles/1635666/20100408/lady_gaga.jhtml
[2] http://www.365gay.com/wp-content/uploads/blog-lady-gaga-top.jpg
[3] http://www.huffingtonpost.com/2010/04/08/obama-prague-russia-nuclear-arms-deal-medvedev_n_529726.html
[4] http://www.365gay.com/wp-content/uploads/blog-obama-russia-insert.jpg
[5] http://www.thedailyshow.com
[6] http://www.thedailyshow.com/watch/wed-april-7-2010/michael-steele-plays-the-race-card
[7] http://www.thedailyshow.com/
[8] http://www.thedailyshow.com/full-episodes
[9] http://www.indecisionforever.com
[10] http://www.thedailyshow.com/videos/tag/health
[11] http://www.huffingtonpost.com/2010/04/08/oprahs-next-chapter-oprah_n_529861.html
[12] http://www.365gay.com/wp-content/uploads/blog-oprah-top.jpg
[13] http://www.aolnews.com/nation/article/wis-da-threatens-arrest-for-local-sex-ed-teachers/19430578
Psychologist on similarities between gay and straight couples
Psychologist on similarities between gay and straight couples
State Department helps queer FSO’s
New guidelines will allow same-sex partners some benefits straight couples currently receive.
D.C. Council gives first nod to marriage equality bill
(Washington) The City Council of Washington, D.C. voted 11 to 2 today to support a bill to provide marriage licenses to same-sex couples the same as it provides to straight couples.
“Today’s vote is an important victory –not only for the gay and lesbian community but for everyone who supports equal …
Gay marriage law’s impact on Iowans subtle, yet powerful DesMoinesRegister.com -Gay marriage law’s impact on Iowans subtle, yet powerful
The April marriage ruling hasn’t enticed Jean and George Huffey’s two gay children to move back to Iowa from Wisconsin and Indiana, as the two parents had hoped.
Not many same-sex couples have relocated here in the two short months since the Iowa Supreme Court ruled on April 3 that both gay and straight couples have equal rights to marriage, anecdotal evidence suggests.
“It’s going to take time,” said Des Moines real estate agent Mindi McCoy, who had two same-sex clients from New York City look at properties, then decide against purchasing. “We’re still in kind of this honeymoon stage, no pun intended.”
Gay culture is sharply in focus this weekend as thousands gather to celebrate at the Capital City PrideFest in Des Moines. The Des Moines Register interviewed dozens of gays and lesbians to identify early trends since the first marriages took place April 27, including the effects on the ease of coming out of the closet, family relationships, religion, business, politics and the underground gay sex scene.
The changes in Iowa since the ruling are subtle but powerful to the individuals affected, according to both advocates and opponents.
Same-sex married couples who live here said they are already experiencing firsthand how Iowa law still treats them differently from opposite-sex couples.
Of the hundreds of same-sex Iowa couples who are now married – no state agency tracks the number of same-sex unions – some said they feel less guarded about holding hands or sharing a kiss in certain public settings.
“At your job, you don’t feel like you can’t have a picture of you and your partner up,” said Des Moines resident Justin De Vries.
Marriage seems to have been embraced mainly by same-sex couples with a history together: five years, a decade, 20 years or more. Some faith leaders have committed acts of quiet rebellion to marry them, even as their churches remain locked in debate over same-sex weddings.
“People are taking this as a very serious issue,” said Sharon Malheiro, a Des Moines lawyer. Couples are asking: ” ‘If we get married, what will the impact be? What are our obligations to each other?’ They’re not being nonchalant about it.”
See Gay marriage law’s impact on Iowans subtle, yet powerful
DesMoinesRegister.com -
* Tags = gay men gay news lesbian news transgender bisexual
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Original source : http://gay_blog.blogspot.com/2009/06/gay-marriage-…
Healthy Gay Relationships: Ken Howard Gives Tips for Relationship Success at Annual Gay Men’s Forum
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West Hollywood, CA — The Gay Men’s Forum is a free, day-long event will focus on the theme: “Where We’ve Been. Where We Are. Where We’re Heading” and will include contemporary experiences of gay men, panel discussions featuring a range of perspectives from the gay community, special performances and interactive workshops.
Ken Howard, LCSW will be participating in the discussion: “Love & Its Opposite: A Discussion on the Differences Between Healthy & Unhealthy Relations” with fellow colleagues including, Tyrone Carter, Ian Stulberg, LCSW and Andrew Susskind, LCSW; the Q&A will be moderated by Christian Antonio Calle of the LA Gay & Lesbian Center.
Howard has extensive experience in counseling the gay male community (and lesbian and straight couples) on how to achieve healthy and satisfying relationships. Throughout the years he has worked with a variety of couples who have sought his guidance on topics including “how to have an open relationship without hurt feelings”, “being serodiscordant (one HIV-positive, one HIV-negative), managing stress, and older-younger relationships. He teaches communication skills using the Imago Couples Dialogue, pioneered by Harville Hendrix. His long-list of testimonials from happy couples provides countless examples of those who have turned his philosophy and guidance into real-life skills and solutions, often preventing breakups.
The forum is being held in collaboration with the City of West Hollywood’s Lesbian and Gay Advisory Board, community organizations and the City’s Social Services Division.
The GAY MEN’S FORUM: Dialogue and Workshops will be held at Fiesta Hall at Plummer Park on Saturday, May 2, 2009 from 9 a.m. to 5 p.m. located at 7377 Santa Monica Boulevard, West Hollywood. The event is free.
To RSVP, please call (323) 848-6381. For more information, please contact Corey Roskin, Hernan Molina or Larissa Fooks at (323) 848-6460. For the deaf and hard of hearing, please call (323) 848-6496.
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Clinton gives hope to gay diplomats
Secretary of State Hillary Rodham Clinton promised gay diplomats Wednesday to work toward securing better rights and benefits for them and their partners, whose treatment is now much worse than that of married straight couples.
During her first town hall meeting with State Department employees since taking office two weeks ago, Mrs. Clinton pledged to look for ways to provide “training, benefits and protections” to same-sex partners who accompany Foreign Service officers to overseas posts.
See Clinton gives hope to gay diplomats
Washington Times, DC -
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Original source : http://gay_blog.blogspot.com/2009/02/clinton-gives…
Tennessee seeks to ban gay adoptions
For the second year in a row, a bill has been filed in the Tennessee Senate that bans adoptions by gay and unmarried straight couples.
Senator Paul Stanley (R-Memphis) filed the bill today (Thursday, Jan. 29) that “prohibits any individual who is cohabitating in a sexual relationship outside of a marriage that is valid under the constitution and laws of this state from adopting a minor.” See Tennessee seeks to ban gay adoptions
Out & About, TN -
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Original source : http://gay_blog.blogspot.com/2009/01/tennessee-see…
South Korea’s Supreme Court Allows Screeging of Shortbus, A Film Banned For Its Gay Content
South Korea’s Supreme Court has overturned a ban on Shortbus, a US film which had been banned for its gay content and explicit sex scenes.
On Friday, the court ordered the country’s rating board to lift the ban on the 2006 film.
Written and directed by John Cameron Mitchell, Shortbus includes several scenes depicting group orgies involving both gay and straight couples.
“As a whole, the film cannot be regarded as simply lewd material with little artistic value,” the court said in a statement. “Therefore the decision to restrict its screening is not legitimate.”
“The rating board’s decision to ban screening [of the movie] was an abuse of authority,” the court added.
While banned, the film has been screened in conservative South Korea. Audiences managed to view the movie at film events and festivals which remain free from the strict restrictions of the Korea Media Rating Board.
The movie’s South Korean distributor, Sponge ENT, had sued after it failed to receive approval from authorities in 2007.
The ruling comes after a July Constitutional Court ruled unconstitutional one provision in the law that censors movies; calling the law “ambiguous.”
See South Korea To Screen Film Banned For Its Gay Content
On Top Magazine, OH
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Original source : http://gay_blog.blogspot.com/2009/01/south-koreas-…
