Curtains for gay rights?

Why would the number of Americans who favor legalized homosexual relations drop precipitously since the Lawrence v. Texas decision? This Gallup poll (link via Nick Gillespie thanks to Instapundit) shows that is precisely what happened -- and the change is in the double digits. According to the poll,

the level of support for legal homosexual relations has dropped 10-12 points in a period of just two months.
Forget logic, and forget facts. Americans simply do not like being told from above what to think, and what laws they may not have. While getting rid of sodomy laws was certainly the right thing to do, there is nonetheless something undignified about the Supreme Court simply issuing decrees as an end run around popular prejudices -- regardless of how indefensible those prejudices are.

This apparent fickleness, in my view, reveals an indelible feature of the American character -- a contrarian spirit which can be both damnable and laudable. A leading Israeli intellectual recently stated that most Israelis have a Mezuzah attached to their door frames, but that if the government were to order them to display a Mezuzah, about half of them would run outside and yank them off.

Regardless of the correctness of the ultimate result in the Lawrence case, a significant percentage of Americans feel stepped on. Obviously, many of them were harangued into feeling that way by the usual demagogues, but that does not alter the fact that a victory ordered from above is not at all the same as one based on clear victory through the individual state legislative process.

If we analogize to private disputes, a mutual agreement is always preferable to an official edict. It is better to talk to your neighbor about a problem than call the police. The higher the authority figure issuing the edict, the more it smacks of tyranny and builds resentment. To use the schoolyard analogy, a disagreement worked out between two kids results in a better peace than when one kid has to go to the teacher or the principal to get his way. Homosexuals tend to be hated anyway, and too many of them feel guilt and shame, which makes the haters feel justified in hating them. This will not disappear simply because the Supreme Court Court declares state sodomy laws null and void. On the contrary it will only increase -- and cause homosexuals to look to Big Brother for protection.

I don't want to look to Big Brother! I want to take care of my own business. That is the most dignified way, and it is the American way.

I am glad the medieval sodomy laws are gone, but I would rather have had it done it state by state. This is not said so much in defense of states' rights, so much as the right to true independence -- one of the hallmarks of which is freedom from fear. If one has to call the police, or invoke government help, one cannot be said to be self-sufficient and thus independent.

Years ago, I was appalled to see supposed "gay activists" cowering on national television at what should have been a pivotal point in their "campaign" for the right to serve in the military. Bill Clinton had shocked many Americans early in his first term by attempting to accomplish this by executive fiat. All hell broke loose, and the usual series of hearings were held. At one such hearing, Senator Strom Thurmond (as bitter a foe as the homos ever had), leaned forward angrily, pointed to a gay "leader" and asked nastily,

"ARE YOU A HOMOSEXUAL?"

Well, what do you suppose happened? An immediate touchy-feely "huddle" event occurred, and the man exchanged poignant, feel-my-pain, glances with the "lesbian activist" seated next to him, and -- THEY NEVER ANSWERED STROM THURMOND!

I will never forget and I will never forgive such rank cowardice. These people are not my "leaders." They are made-up, fraudulent media sycophants, hiding their sexuality in rainbow-hued closets of politically correct ambiguity.

Even those who don't like my hyperbole should ask themselves whether or not cringing before a 90 year old man like a deer caught in the headlights constitutes leadership. I don't believe it does. Yet what was being asked of Thurmond (himself a highly decorated combat veteran of the D-Day landing) was the right to serve in the military. You know, a thing called combat?

Might a similar principle be involved with those who would rather have Big Brother in the form of the Supreme Court issue a decree than face down the occasional petty bigot in a state legislative committee? I submit that if you are afraid to walk into the guy's office and tell him how you feel about the law, you have no dignity. (Even if you are right.)

What, you might ask, would I have said to Senator Thurmond in response to his simple but admittedly personal question? Well, by way of suggestion, here's an example:

"Well Senator, you have asked me a personal question, but since you consider it relevant, my answer is YES, I am a ho-mo-sex-u-al! But since we're onto personal questions, I have one for you: How does a 90 year old manage to get a 20-year-old wife and have children? What's your secret? Boy! I wish I could do that!"

Something like that might have broken the ice with the old coot. Might not have melted his cold, cold heart, but it's just more human than hiding behind quasi-presidential skirts, aloof judicial robes, or some other man-behind-the-curtain power.

Hell, even the Wizard of Oz, penultimate Man Behind the Curtain, saw the wisdom in having Dorothy first prove her mettle. Ditto for Dorothy's followers -- whether feline, metal, or straw. And even after all that they still had to get heavy and yank away the curtain.

Con artist that he was, the Wizard knew something that is being forgotten: Human dignity cannot be simply granted or bestowed from above. The American people seem to understand this principle, and I think this latest bit of Gallup Poll insolence poll proves it.


UPDATE: Arthur Silber, who is one of my favorite bloggers, disagrees with the point I was trying to make here. I think he misundertands me -- which means that I didn't make myself clear. My argument above is not a moral one (as I agree that sodomy laws are morally abhorrent as well as unconstitutional), but a utilitarian one based on political expediency. If we are to avoid perpetuating the Culture War, I think it is essential that both sides compromise a bit. There is little question that the sodomy laws were doomed, and had they been overturned state by state (as they had been in the overwhelming majority of states before Lawrence), the Culture War-style objections would have been minimalized. But now, I fear we will not see the end of it for a long time.

Obviously, I do not like the Culture War, which is a major reason I started this blog. Culture War is essentially a "cold" Civil War, and I do not like the fact that this country has already suffered a hot Civil War. I believe demagogues on both sides of the "spectrum" would like to see another Civil War, and because I think a little utilitarian reasoning will help defuse such sentiments, I don't mind offering it from time to time. I think the Civil War could have been avoided had people on both sides been a bit more willing to compromise, for slavery, (like sodomy laws now) was ultimately doomed.

Drug laws are another example. I believe they are patently immoral, as well as unconstitutional. But I don't think a Supreme Court decision nullifying all drug laws is the best idea, and instead I would support any state by state (or federal legislative) effort to repeal them, weaken them, or dilute them.

Utilitarianism always smacks of dishonesty to some. But I sincerely believe that doing things from the bottom up avoids the kind of showdowns that can occur when things are done from the top down.

By no means am I a staunch Utilitarian. Hell, just yesterday (when I was talking about gun statistics) I rejected the utilitarian approach of relying on statistical analyses instead of a strict interpretation of the Second Amendment.

Inconsistent? Perhaps. But it just struck me that citizens with guns can take care of themselves, statistics be damned.

Emotionally, at least, my point is about homosexuals is similar. Fighting bigotry at the local level demonstrates strength in a way that appealing to mommy and daddy (however right) never can.

posted by Eric on 08.01.03 at 05:03 AM





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» Backlash from .:/One Little Victory\:.
Eric over at Classical Values has some excellent commentary on the climate since the Lawrence v. Texas Supreme Court decision: If we analogize to private disputes, a mutual agreement is always preferable to an official edict. It is better to... [Read More]
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» Gay Rights Backlash and Proving Your Mettle from Solomonia
Nice post regarding some of the Gay-Rights "backlash" over at Classical Values. Classical Values: Curtains for gay rights? ...Hell, even the Wizard of Oz, penultimate Man Behind the Curtain, saw the wisdom in having Dorothy first prove her mettle. Ditt... [Read More]
Tracked on August 1, 2003 07:03 PM



Comments

Dear Mr. Scheie/Eric: The spirit in which you this argue is admirable and noble. I only disagree about "sodomy" laws. In every other case, legal recognition of homosexual marriages (or civil unions) and everything else, homosexuals are seeking some form of benefit, recognition, or protection from the government, and this ought to be done on that normal political state-by-state (or county-by-county, city-by-city) legislative process -- or by purely private enterprise whenever possible. In the case of "sodomy" laws, however, homosexuals (and heterosexuals who have "deviant" sex) simply want the government to _leave them alone_. John Geddes Lawrence and Tyron Garner did not go to court to seek special benefits. They were arrested in the middle of the night and hauled off to jail in the middle of the night. They had no choice but either to meekly submit or else to appeal to a higher court. The prosecution would not let the matter rest, and so it went all the way up to the Supreme Court. Had the Court ruled against them, reaffirming Bowers vs. Hardwick, the backlash we're seeing now would have been nothing compared to what the "family morality" crowd would be doing then: "See? The Supreme Court says fags don't have any rights we're bound to respect, so let's work now to get sodomy laws in every state!" The Texas Republican Party was explicitly and vociferously anti-homosexual and in favor of the "sodomy" law.

Steven Malcolm Anderson   ·  August 22, 2003 03:19 PM

They were hauled off to jail in their underwear!

Steven Malcolm Anderson   ·  August 22, 2003 03:22 PM

Dear Mr. Scheie/Eric: I hope you didn't take my (partial) disagreement with you on some points as any disrespect. My respect and admiration for you is very high indeed. In fact, the differences between you and me show you in a better light. You have much more of what Ayn Rand called "a benevolent sense of life" than I do. By contrast I am by temperament pessimistic, misanthropic, elitist.

Steven Malcolm Anderson   ·  August 22, 2003 04:26 PM

Sodomy laws are indefensible by any standard, and I think those men were morally (if not legally) justified in shooting the arresting officers in self defense. I would think that they'd have been in a good position to stalk the members of the Texas legislature who refused to eliminate that state's sodomy laws too. Millions of Americans have been imprisoned for the crime of self-medication (i.e. drug use) which I also think is an absolute horror. My disagreement is only about the best way to tackle oppressive laws, and quite frankly, I rather like decentralization of government, because it creates multiple roadblocks against tyranny. I always love your comments, and do not mind disagreements -- especially when, as here, the point is well taken.

(Please call me Eric -- if I may call you Steven?)

Eric Scheie   ·  August 23, 2003 08:51 AM

Dear Eric: Thank you! I totally agree with your reply to my comments. In fact, I agree with your reply _more_ than with my own comments! Splendid! You are my hero!
Bless you and yours,
Steven

Steven Malcolm Anderson   ·  August 23, 2003 11:35 AM

Dear Eric: Thank you! Not only do I agree with your reply to my comments, I agree with your reply _more_ than I agree with my own comments. Splendid! Terrific! And, this, too, is terrific (from Don Watkins), I almost feel as if all my future blogging will be but footnotes to this piece:
http://donwatkins.blogspot.com/2003_08_01_donwatkins_archive.html#106140837723421134
Blessed be,
Steven

Steven Malcolm Anderson   ·  August 23, 2003 11:40 AM


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