Category Archives: Gay Rights

The Fight Is Never Over

When I first began this blog, one of the issues I frequently addressed was gay rights. LGBTQ folks still faced formidable barriers to equality; same-sex marriage was a pipe dream, with DOMA at the federal level and so-called “mini-DOMAs” in many states.  Activists were fighting “Don’t Ask, Don’t tell” and working to include protection against discrimination on the basis of sexual orientation and gender identity in state civil rights statutes.

In Indiana, civil rights organizations and major businesses managed to defeat an effort to place a ban on same-sex marriage in the state’s constitution, but we still lack those “four little words”–sexual identity and gender identity–in our civil rights law.  Unless you live in an Indiana city with an inclusive human rights ordinance, it is still perfectly legal here to fire someone for being gay. We also remain one of only five states without an inclusive hate crimes law.

Even in states like Indiana, though, LGBTQ folks have benefitted from the truly dramatic shift in public opinion that has occurred over the past couple of decades. As homophobia ebbed–it certainly hasn’t disappeared, but it has greatly diminished–this blog focused on other issues.

Attacks on LGBTQ citizens may have diminished, but as young folks like to say, “haters gotta hate.” As an article in the Guardian recently illustrated, there is plenty of room for homophobia among the numerous bigotries exhibited by our accidental President and those who support him.

The Trump administration has attacked LGBT rights in healthcare, employment, housing, education, commerce, the military, prisons and sports.

These efforts, it turns out, were just the beginning.

The president’s anti-LGBT agenda could soon gain significant momentum at the US Supreme Court, where Trump’s Department of Justice (DoJ) is pushing to make it legal to fire people for being gay or transgender. The move would fundamentally reverse civil rights for millions of people, LGBT leaders say, and raises fears that LGBT people may lose the minimal protections and resources they have won in past years.

“This is a critical point in history,” said Alesdair Ittelson, the law and policy director at interACT: Advocates for Intersex Youth. “The outcome of this case is going to have a tremendous impact on everyone.”

During the Obama administration, the LGBTQ community won significant victories:  repeal of “don’t ask, don’t tell,” new protections under the Affordable Care Act, an anti-discrimination executive order and expanded recognition of trans rights, among other things. Those victories are now under attack.

Since taking office, the Trump administration has sought to reverse healthcare protections for trans people, moved to ban trans people from serving in the military, eliminated rules protecting trans students and pushed to allow businesses to turn away gay and trans customers if they seek a religious exemption.

Last month, the Trump justice department made its most aggressive anti-gay legal argument to date, urging the supreme court to rule that gay employees are not protected under a longstanding act that prohibits “sex discrimination”. The DoJ filed briefs related to three supreme court cases to be heard together on 8 October – two involving gay men fired from their jobs, and a third involving a woman terminated by her employer after she came out as trans.

The courts have repeatedly held that gay people are covered by Title VII of the Civil Rights Act. Before Trump, the federal government agreed. But William Barr’s Department of Justice is now arguing that sexual orientation and gender identity are excluded under Title VII because “sex” means only whether people are “biologically male or female.”

Before Trump, the Justice Department pursued justice. Before Trump, judicial nominees elevated to the federal bench were vetted for legal competence, not for fidelity to radical “conservative” (actually fundamentalist Christian) ideology.

Before Trump, even our worst Presidents weren’t rabid White Nationalists, Islamophobes, homophobes, anti-Semites and proud and loud racists.

But that was then, and now is now.

It Isn’t Hypocrisy–It’s Worse. Much Worse.

In a comment a few days ago, Gerald posted a link to Raw Story, headlined “Why Evangelicals Won’t Care about Jerry Falwell Jr.’s apparent sex scandal.”

Presumably, they also won’t care about the self-dealing, corruption and similar behaviors that were the focus of a preceding expose in Politico. 

What I found fascinating about the Raw Story version wasn’t the detailed enumeration of Falwell’s multiple unChristian behaviors. His full-throated support for Trump had already provided ample evidence that the publicly-espoused values of his brand of Christianity were bogus. What I found interesting–and hopeful–was the publication’s willingness to identify the actual values of that brand.

The article began with evidence of Falwell’s sexual kinkiness and financial improprieties–and a prediction that none of it would matter to his followers.

The pretense that the religious right was motivated by faith and morality was dropped — or should have been — when white evangelicals flocked to vote for Trump in greater numbers than they did for George W. Bush, who if he was convincing about little else, was convincingly a man of faith.

Here’s the thing: The real purpose of the Christian conservative movement is to uphold white supremacy and patriarchy, full stop. As long as Falwell Jr. keeps that up — as his father did before him — his flock will stick with him just as they’ve stuck with Trump, a thrice-married chronic adulterer who has bragged about sexual assault on tape.

The article went on to debunk the evident belief of the whistleblowers who shared the information with Politico that Falwell Senior had been a better, more authentic Christian.

The elder Jerry Falwell was a bigot through and through, and his version of Christianity was primarily, if not solely, about rationalizing a white supremacist, misogynistic and homophobic worldview.

Falwell first rose to fame as a Baptist minister due to his stalwart opposition to civil rights, which he called“a terrible violation of human and private property rights.” He declared that the 1964 Civil Rights Act “should be considered civil wrongs rather than civil rights.” He also once declared, in response to the historic Brown v. Board of Education case, that if the Supreme Court “had known God’s word and had desired to do the Lord’s will, I am quite confident that the 1954 decision would never have been made.”

Falwell Senior made little effort to hide his racism. He criticized Martin Luther King, Jr. for political activism, despite his own equally political activities. The article also reports what scholars have recognized for some time: the attacks on LGBTQ citizens and women’s reproductive rights were intended to divert attention from the racism that was less politically palatable.

Falwell became even more politically involved  when the federal government under Jimmy Carter stripped tax-exempt status from all-white private schools, which Liberty University was at the time. To punish Carter, Falwell helped form the Moral Majority in 1980 to support Republicans and defeat Democrats. He and other organizers shrewdly pivoted away from open support for segregation and opposition to civil rights toward the more politically palatable politics (at the time) of opposition to feminism and LGBT rights. Falwell would try to distance himself from his past by claiming later to oppose segregation, but he kept finding himself on the wrong side of history, such as when he supported South Africa’s apartheid government.

So Jerry Falwell Jr. isn’t straying from his father’s legacy, but expanding it. From the beginning, it’s always been about white supremacy and patriarchal control. The sanctimony was just plastered over these ugly intentions to give all that hate a holy makeover.

So why isn’t this behavior properly called hypocrisy?

Despite the repeated, strenuous efforts of liberals to point out the hypocrisy, Trump’s support on the Christian right never seems to weaken. That’s because it was never, ever — not for one moment, even at the height of the George W. Bush era of big-time Bible-thumping — about sincere religious conviction. It was always about white supremacy and patriarchy. To call this “hypocrisy” misses the point, in a sense, because to be hypocrites Christian conservatives would have had to believe in something larger than their own bigotries to begin with.

Bingo.

What Do Those Words Mean?

Given the overheated rhetoric coming from all sides in our current iteration of culture war, it’s tempting to dismiss the introductory paragraphs of a recent column originally published by Open Democracy as more of the same:

Any schoolchild in the United States knows that the US Declaration of Independence guarantees individuals’ rights to “life, liberty and the pursuit of happiness.”

Now, imagine what these principles mean for right-wingers and religious fundamentalists: where “life” refers to fetuses; “liberty” includes the prerogative to discriminate against LGBTIQ people; and “the pursuit of happiness” is reserved for straight, white patriarchs.

Dismissal, however, would be a mistake.

The concerns addressed by the column were triggered by Secretary of State Mike Pompeo’s announcement of a new government body: The Commission on Unalienable Rights.

According to its statement of intent, the Commission is needed as human rights “discourse has departed from our nation’s founding principles of natural law and natural rights”.

 In case you’re wondering how to distinguish “natural” rights, they’re the ones bestowed by God (at least according to Pompeo’s commissioners). One of them, Peter Berkowitz, argues that Christianity is the source of all human rights. Another, Shaykh Hamza Yusuf Hanson, sees marriage equality for LGBTIQ people as a sign of the “End Times”

Pompeo has raised eyebrows at the State Department and among America’s (increasingly concerned) allies by his efforts to conjoin America’s foreign policy and his religious fundamentalism.

An article in The New York Times noted Pompeo’s willingness to connect foreign policy to his religious beliefs.

No secretary of state in recent decades has been as open and fervent as Mr. Pompeo about discussing Christianityand foreign policy in the same breath. That has increasingly raised questions about the extent to which evangelical beliefs are influencing American diplomacy.

The Times listed Pompeo initiatives prompted by his religious beliefs, including the move of the U.S. Embassy to Jerusalem, and the expansion of Trump Administration anti-abortion policies–effected by terminating financial support for international organizations that support reproductive rights.

In speeches, Pompeo has expressed his belief that mankind is in a “never-ending struggle until the Rapture.” He told a reporter for The New York Times Magazine that the Bible informs everything he does.

His interpretation of Biblical mandates, needless to say, is not universally held even among Christians. But the fact that other people hold beliefs that differ from his hasn’t dissuaded him from his obvious belief that his is the Truth that must be imposed on everyone else.

As Open Democracy reports,

In an op-ed published by the Wall Street Journal, the Secretary of State attacks “politicians and bureaucrats [who have created] new rights”, and thus “blur the distinction between unalienable rights and ad hoc rights granted by governments”. He also asserts that “rights claims are often aimed more at rewarding interest groups and dividing humanity into subgroups”.

Women, non-Christians and gay people are thus categorized as “interest groups.”

The new commission’s initial assault is against abortion and the rights of LGBTQ people, but as the article points out, that’s only the opening salvo.

Unless you are part of the narrow demographic of rich, white men deemed to have rights in 1776, they’re coming for you too. In fact, their ideology threatens the vast majority of people – which is one reason it must be justified as “natural” and God-given.

I can think of few things more terrifying than people in positions of power who are convinced that their God has told them how He (and believe me, for these “Christians” God is always a “He”) wants them to interpret “life, liberty and pursuit of happiness.”

This Administration cannot leave soon enough.

America: Pick A Torch

It’s impossible to read a newspaper without encountering a solemn “analysis” of what the Democrats absolutely must do in order to defeat Donald Trump in 2020.

Meanwhile, it becomes clearer every day that–stripped to its essence– the 2020 election will be about one overarching issue: what kind of country do we want to be?

A widely shared visual summed it up nicely with two photographs, side by side. One was a picture of Neo-Nazis with their tiki torches in Charlottesville; the second was a photo of the Statue of Liberty, focused on her torch. The caption asked “which torch will you choose?”

I rarely visit Twitter, but a friend directed me to a thread directly relevant to that question. 

The author was Tim Wise, a political consultant who was involved in two Louisiana campaigns against David Duke. Wise dismissed the handwringing, trolling and well-meaning advice being heaped on the Democrats.

If the Dems blow this election it will not be because they were “too far left on policy” or because they “weren’t left enough.” It will have little to do with policy at all. They are making a mistake caused by traditional consultant theory that does not apply here…

And by listening to influential pundits in liberal media who also don’t get the unique nature of Trumpism, relative to normal political movements & campaigns…this election is NOT going to be won by talking about all your “great plans” for health care, jobs, education, etc..

 And the reasons are several…Let me begin by saying that I have experience confronting the kind of phenomenon we see in Trumpism, and far more than most. Any of us who were involved in the fight against David Duke in LA in 90/91 know what this is and how it must be fought…

Wise then relayed his experience with campaigns against Duke. Political consultants warned against highlighting Duke’s racism; they said such a focus would play into Duke’s hands, and allow him to set the agenda.

Sound familiar?

In the Senate contest, the campaign followed mainstream advice not to “make a big deal” out of Duke’s racist appeals. To the extent they went negative, they talked about Duke paying his taxes late and avoiding service in Vietnam. They won, but very narrowly.

Wise regrets that approach because it normalized Duke. Attacking his bill paying habits or inadequate policy proposals “treated him like a normal candidate. But he was/is a NAZI…”

And none of his voters were voting 4 him bc of jobs, or tax policy or support for term limits, etc. And none were going to turn on him over late tax payments, Vietnam, etc. Indeed throwing that stuff out there & downplaying the elephant in the room (racism) seemed desperate..

It allowed people to say “well if he’s really this racist, white supremacist, why are they talking about all this other stuff?” It actually undermined our ability to paint him as the extremist he was/is. And as a result, the threat he posed was not clear enough to voters…

 And this didn’t just allow him to get votes he might not have gotten otherwise; it also depressed turnout among people who almost certainly disliked him but didn’t think he could win or would be all that big a deal if he did. In fact I recall convos with “liberals”…

Who said they weren’t going 2 vote bc after all Duke’s Dem opponent was just a shill for the oil and gas industry, and that was just as bad, blah blah fucking blah…because some lefties can’t tell the difference between corporatist assholes and actual literal Nazis…

 But we bore some responsibility for that because we got suckered into playing this conventional game and “not playing into his narrative.” Anyway, black and white liberal turnout is lower than it should have been and Duke gets 44% of vote…

In the Governor’s race we dispensed w/all that bullshit. We talked about Duke’s ongoing Nazism and the moral/practical evil of his racist appeals. We discussed how that moral evil would have real world consequences (driving tourists and business away, rightly so, from LA)..

Because it was wrong, and it was not who we wanted to be, and it was not who we were. We were better than that and needed to show the rest of the country that…

Now, did this flip any of Duke’s 1990 voters? Nah, not really. Indeed he got 65k MORE votes in the Governor’s race than the Senate race. But it was never about flipping them. We knew that would be almost impossible…

To flip Duke voters would require that they accept the fact that they had previously voted for a monster, and people are loath to do that. Our goal was not to flip them, but to DRIVE UP TURNOUT among the good folks, many of whom stayed home in 90…

And that is what happened. The concerted effort of the anti-Duke forces (not just us), challenging Duke’s “politics of prejudice,” and making the election about what kind of state we wanted to be, drove turnout through the roof…

When it was over, Duke had gotten 65k more votes than in 90, but his white share went to 55 (from 60) and overall to 39 (from 44) because the anti-Duke turnout swamped him…So what does this have to do with 2020 and Trump? Do I really need to explain it?…

First, trying to flip Trump voters is a waste of time. Any of them who regret their vote don’t need to be pandered to. They’ll do the right thing. Don’t focus on them. That said, very few will regret their vote. They cannot accept they voted for a monster or got suckered…

Duke retained 94% of the folks he got the first time out (and got new people too), as Trump likely will. So forget these people–or at least don’t wast time tailoring messages to them. And policy plans for affordable college don’t mean shit to them, nor health care…

Their support for Trump was never about policy. It was about the bigotry, the fact that he hates who they hate…

Wise is right. Much as we might wish it were otherwise, in 2020, America will choose a torch. Pray it’s the right one.

 

Pride In Indiana

Today is Pride Day in Indianapolis. The parade –which I always attend– will have well over 100 entrants, representing a wide variety of government agencies, educational institutions, churches and area businesses–a far cry from the few forlorn entries in the first such effort 25 years ago.

Among other things, Pride now celebrates the legal and social progress of the LGBTQ community, which has made great strides nationally over the last couple of decades. In Indiana, it will not surprise you to discover that such progress has been considerably more spotty; cities and towns have passed inclusive Human Rights ordinances, but the state as a whole is an embarrassment on this issue (as well as on so many others.)

The very different politics of cities and rural areas with respect to LGBTQ rights has recently been highlighted by the effort of Jim Merritt–a longtime legislator now running for Mayor of Indianapolis–to “cozy up” to the gay community, and to distance himself from his “perfect” anti-gay record in Indiana’s Statehouse. Our legislature has been gerrymandered to create districts dominated by rural voters, and Merritt has pandered accordingly.

He is not alone. Indiana’s legislature has stubbornly refused to pass an inclusive bias crime bill. Efforts to add four little words–sexual orientation and gender identity– to the list of protected categories in the state’s civil rights law have gone nowhere.

Two years ago, on this blog, I posted some revelatory statistics about the legal disabilities of LGBTQ Hoosiers. The laws that facilitated those statistics haven’t changed. Here’s a smattering of what I wrote then:

Approximately 133,000 LGBT workers in Indiana are not explicitly protected from discrimination under state law….  If sexual orientation and gender identity were added to existing statewide non-discrimination laws, 61 additional complaints of discrimination would be filed with the Indiana Civil Rights Commission each year. Adding these characteristics to existing law would not be costly or burdensome for the state to enforce.

Recent polling discloses that 73% of Indiana residents support the inclusion of sexual orientation as a protected class under Indiana’s existing civil rights law. That’s 73% in Very Red Indiana.

Major employers in the state have worked with civil rights and civil liberties organizations in an effort to add “four little words” to the list of categories protected under the state’s civil rights statute:  sexual orientation and gender identity. So far, the legislature has exhibited zero interest in doing so.

The public outrage over Pence’s RFRA led to a subsequent “clarification” (cough cough) that the measure would not override provisions of local Human Rights Ordinances that do proscribe discrimination on the basis of sexual orientation. A number of city councils around the state promptly added those protections to their Ordinances, which was gratifying.

The problem, as the research points out, is twofold: municipal ordinances in Indiana don’t have much in the way of “teeth.” They are more symbolic than legally effective. Worse, for LGBTQ folks who don’t live in one of those municipalities, there are no protections at all.

The result: Only 36% of Indiana’s workforce is covered by local non-discrimination laws or executive orders that prohibit discrimination based on sexual orientation and gender identity. And that discrimination occurs with depressing regularity.

– In response to the National Transgender Discrimination Survey, 75 percent of respondents from Indiana reported experiencing harassment or mistreatment at work, 30 percent reported losing a job, 21 percent reported being denied a promotion, and 48% reported not being hired because of their gender identity or expression at some point in their lives.

– Several recent instances of employment discrimination against LGBT people in Indiana have been documented in court cases and administrative complaints, including reports from public and private sector workers.

– Census data show that in Indiana, the median income of men in same-sex couples is 34 percent lower than that of men married to different-sex partners.

– Aggregated data from two large public opinion polls found that 79 percent of Indiana residents think that LGBT people experience a moderate amount to a lot of discrimination in the state.

Four little words. Why is that so hard?

Today, at the parade and the event itself, the community and its allies will celebrate the progress that has been made.

Monday morning,  opponents of bigotry need to go back to work.