Gay People Can Be Judges But Not Spouses
by jre, Fri May 08, 2009 at 07:44:42 PM EDT
Jeff Sessions - who couldn't get his own judicial nomination through a GOP Judiciary Committee even after flip-flopping to the correct position on whether the NAACP or the KKK poses a greater threat to the Republic - is now tying himself in knots over whether he would have a problem with a gay Supreme Court nominee per se, or just with one who believed gay people should have the same rights as everyone else. I'm sure when Strom Thurmond voted against Thurgood Marshall's nomination to the Court, it had nothing to do with him being Black - just with him being a Black man who believed Black people should have their equal protection rights protected.
But while it's funny/ sad/ ridiculous to watch Sessions and Co. squirm in saying first that "identity politics" are bad and then that we should be concerned that a gay nominee would make people "uneasy," or hear the Family Research Council signal openness to a gay nominee without "pro-gay ideology," there's a reason these guys are struggling to say something coherent: Open gay-bashing is becoming less popular in America, but it's hard to explain why LGBT people shouldn't have equal rights if we're not inferior Americans.
It's not by accident that the right-wing opposition to gay equality is a moving target.
Anti-gay bigotry is still prevalent in America, and will be no doubt for a long time. But as Americans, including many who are uncomfortable with gay people, become less sympathetic to politicians saying that there are no gay people, that gay people need psychiatric help, that gay people are sinners, etc., Jeff Sessions has to come up with different ways to explain why he opposes the "gay agenda" - just like he had to come up with new ways to explain his animus towards the NAACP a generation ago.
So the issue is: elitist judges trying to tell regular people what to do (this one gets more tenuous now that more people support same-sex marriage than the Republican party); schoolteachers depriving parents of control over how (and whether) their kids learn about sexual orientation; priests getting locked up for not officiating at marriages they don't believe in; now Miss California's Miss America candidacy was judged not just on her body but on (gasp) how she answered a question! Perusing The Corner suggests that National Organization for Marriage President Maggie Gallagher's latest argument for why LGBT people shouldn't be allowed to get married is that opponents of gay rights will face social stigma as soon as gay people escape enshrined legal stigma. In the 90's Mike Huckabee was decrying our culture's decline "from Barney Fife to Barney Frank" - now he's decrying a gay blogger's intolerance towards Miss California.
So as more states and more Americans come out for legal equality, expect conservatives to get that much more creative in explaining their opposition as a defense of the little guy (the teacher, the priest, the voter, the beauty pageant contestant, the law professor), that much more eager to declare themselves tolerant of people with "gay tendencies," and that much more fulsome in their outrage when intolerant liberals suggest they have a problem with gay people.