Homosexuality and Disgust

There’s an interesting piece in the most recent issue of the Duke Journal of Gender Law & Policy, by Prof. Richard E. Redding of Villanova University School of Law, about how “the psychology of disgust” plays a role in the opposition to same-sex marriage. This section particularly zeroes in on the topic.

Redding’s thesis is that moral opposition to homosexuality is really a subconscious mask for intuitive feelings of disgust or revulsion. Not everything society considers immoral is treated with revulsion. Killing, stealing, lying, and adultery are all considered immoral, but they don’t make people feel an intuitive sense of physiological disgust or fear of contamination the way homosexuality does.

Redding writes:

Disgust arises from the sense of bodily contamination… It evolved to prevent contact with biological vectors of disease transmission and to maintain the boundaries between our human and animal natures. “Disgust appears to function as a guardian of the body in all cultures, responding to elicitors that are biologically or culturally linked to disease transmission… In many cultures, disgust goes beyond such contaminant-related issues and supports a set of virtues and vices linked to bodily activities in general.”

Over time, disgust evolved into a moral emotion — we perceive conduct that disgusts us as being immoral conduct. … In addition to religious beliefs (which themselves may have evolved from the “moral emotion” of disgust), the “moral emotion” of disgust may explain why public sentiments about homosexuality are so strong, negative, and pervasive.

Morality grew out of everyday life. Human beings had to learn to survive in a dirty world filled with dangerous germs. Many early religious rites grew out of the concept of cleanliness; cleanliness is what separates us from the animals. Consequently, the notion of purity versus impurity looms large as a religious metaphor. Think of the ancient purification rituals required before entering temples. And Yom Kippur, the most important Jewish holiday, involves purifying oneself from sin.

Cleanliness is also a way to stratify society: the “clean” versus the “unclean.” Many traditional social systems, particularly in the East, had a class of people called “untouchables”; they were usually the people who worked in dirty occupations, such as those involving the butchering of animals or the handling and removal of feces. Fear of contagion led the “higher” people to protect themselves from these “lower” people through separation. The impure had to be cast out of society, lest they contaminate those who were pure. (See also: scapegoat.) Impurity was naturally contagious.

Over time, these ideas and fears about uncleanliness, contamination and contagion merged with concepts that had other origins, coalescing into religion and religious morality. Although they’re associated with religion, these particular concepts grew out of physical fears.

Since sexual behavior is a prime vector for “contaminating” oneself with another person’s bodily fluids — sweat, saliva, semen, vaginal fluids — it’s often associated with disgust. Throw in anal sex — and, today, the fear of AIDS — and gay men become a particularly strong object of disgust. (There’s also the male fear of being de-masculinized and the way homosexuality upsets traditional gender roles, which Redding doesn’t really discuss.)

What’s really fascinating is a study Redding cites in which subjects were hynotized to think of certain ordinary words with disgust, such as “take.” When the subjects then read sentences containing that word, they saw the otherwise neutral actions described therein as disgusting. When the sentences described transgressive actions, the subjects saw those actions as more morally wrong when the sentence contained the special word than when it didn’t.

Redding states that this and other experiments “make[] a very compelling case that many moral judgments, including those relating to sexuality, are not the product of a deliberate, rational thought process that involves weighing and evaluating competing arguments. Rather, such judgments are made intuitively, emotionally, rapidly, and largely outside of conscious awareness. These intuitive reactions, which arise from conditioned emotional responses to situations and stimuli, are provided with post-hoc rationalizations. Moral reasoning is ’employed only to seek confirmation of preordained conclusions.’ ”

That last sentence to me is the kicker. Moral reasoning is often employed only to seek confirmation of preordained conclusions.

Redding includes two quotes toward the end of his piece that I think are great. From Dan Jones:

Disgust didn’t evolve to track things that we would normally consider morally important, unlike empathy, which is triggered by the real pain or suffering of others.

From Martha Nussbaum:

[T]he moral progress of society can be measured by the degree to with it separates disgust from danger and indignation, basing laws and social rules on substantive harm, rather than on the symbolic relationship an object bears to anxieties about animality and mortality.

Fascinating stuff.

(By the way, I found this article while looking through the most recent Lesbian/Gay Law Notes, compiled by Professor Art Leonard of New York Law School.)

Mass House Votes to Repeal

The Massachusetts House of Representatives voted yesterday to repeal the 1913 law that prevents out-of-state couples from getting married in Massachusetts if their home state would bar the marriage. The state senate passed the law a couple of weeks ago, and the governor plans to sign it. Under existing law, same-sex couples can get married in Massachusetts only if same-sex marriage is legal in their home state. Many people think the law was originally passed to prevent interracial marriages. The repeal will allow many more same-sex couples to come to Massachusetts and get married.

Kris Mineau, president of the Massachusetts Family Institute, said that this House vote is “eroding the people’s right to define marriage.”

It’s funny:

When a court rules that same-sex couples have a constitutional right to marry, the court is apparently infringing on the legislature’s job — even though the court is doing its job under the constitution.

When a legislature votes to allow same-sex marriage, this somehow infringes on the right of the people — even though legislators are the people’s duly-elected representatives.

When the actual people vote down a marriage amendment, as happened in Arizona two years ago, somehow that’s not legitimate and there needs to be a revote.

These people don’t care about “the people’s right” at all. All they care about is getting rid of icky homosexuals. And somehow they think banning same-sex marriage is going to do that.

Because, you know, homosexuals didn’t exist until same-sex marriage became legal in Massachusetts in 2004.

CA Denies Stay in Marriage Ruling

The California Supreme Court today has denied a request to delay same-sex marriage until after the November elections. Same-sex marriage becomes legal in California on June 16 at 5:00 p.m. This is great news.

The anti-gay folks had wanted the court to hold off on legalizing same-sex marriage until California voters had a chance to vote on the constitutional amendment in November, saying that it could cause confusion if same-sex couples got married and then a constitutional amendment banned those marriages. The court denied the request, unanimously, with a simple order. [Update: Originally I had thought it was 4-3, but that was only on the request for rehearing. The decision to deny the stay was unanimous.]

The court didn’t provide its reasons, but here’s one: getting a constitutional amendment on the California ballot requires the signatures of just 8% of the voters. If the court granted a stay pending the outcome of a constitutional amendment initiative, what’s to say that any group that disagrees with a court decision can’t get 8% of the voters to sign a petition for an initiative overturning the decision, and then request a stay? Granted, the current situation is unusual, because the signatures have already been gathered. But if you can just delay implementation of any court decision by saying, “Hey wait – we’re about to try to overturn your decision via ballot, can you wait a few months?” that doesn’t seem fair.

Also, what if the court granted a stay and the amendment then failed? Then same-sex couples would have lost several months in which they could have been married, all because they were held hostage to 8% of the voters who signed a petition. That doesn’t seem fair either. I’m glad the court seemed to agree.

Over the next few months, gay couples will get married in California, and Californians will see that the world hasn’t fallen apart.

Paterson’s Marriage Decision II

Richard E. Barnes, the executive director of the New York State Catholic Conference, said yesterday in response to Governor Paterson’s new policy interpretation recognizing out-of-state same-sex marriages:

“No single politician or court or legislature should attempt to redefine the very building block of our society in a way that alters its entire meaning and purpose.”

He doesn’t seem to understand that the “entire meaning and purpose” of marriage has been altered many times over the years — over centuries, in fact — and that this is not because of a “single politician or court or legislature,” but because of the evolution of society. Marriage is no longer about the joining of two families for economic benefit; it’s no longer about dowries and the subsuming of a woman’s legal identity into that of a man; it’s no longer about the survival of your tribe. For some people it’s not even about having children. Marriage can be about having children, and raising a family, and it usually is. But not always. It can be about happiness and personal stability. It can be about economic benefits. People get married for all sorts of reasons today, and liberalized divorce laws attest to how much society’s definition of marriage has changed over the years.

Seriously, I wish some of these people would do some actual thinking sometimes, before or instead of running their mouths.

Also from the Times today on the governor’s decision: how the governor came to support gay rights early in his career, how same-sex marriage opponents face an uphill battle in challenging the decision, and an editorial on how this is a step closer to justice.

NY to Recognize Same-Sex Unions from Elsewhere

State agencies in New York are going to recognize same-sex marriages performed outside the state, thanks to a decision by Gov. David Paterson. “The revisions are most likely to involve as many as 1,300 statutes and regulations in New York governing everything from joint filing of income tax returns to transferring fishing licenses between spouses,” according to the Times.

This is great news, but there are a couple of interesting things about it. One, the governor’s office issued a directive announcing the new policy on May 14 (the day before the California court decision, incidentally). Why did it take two weeks to get reported? The article states that the governor discussed the move in a videotaped message to a dinner of gay community leaders on May 17. (Here’s the video and text of the message.) So the people at the dinner knew about it. Why didn’t the Times, or any other news organization, report it until now?

The other interesting thing is the question of where the legal authority comes from. As much as I think it’s a great decision, at first it seemed odd to me that the governor could just do this unilaterally. Isn’t it such a big deal that the legislature should get involved?

But I realized it’s not. A state appellate court ruled on February 1 that there’s no reason not to recognize valid same-sex marriages performed out of state; state policy is to recognize any marriage validly performed out of state unless there’s a state law prohibiting it, and New York has no law prohibiting same-sex marriages. (Here’s the court decision.) If the legislature cared about banning same-sex marriage, it could have followed the lead of the numerous other states that have done so. But it hasn’t.

This is a beautiful move on the governor’s part. Because even though it’s a big deal for same-sex couples that want to get married, and even though it might seem like a big deal to people who think the world will fall apart if same-sex couples can get married, it’s just a run-of-the-mill policy interpretation. The governor is showing that it’s really not a big deal to just go ahead and treat people equally.

Hopefully the Republican-controlled state senate will realize this as well and stop blocking a marriage equality law.

Majority of Californians Favor Same-Sex Marriage

Wow! Things can change in a week. According to a new poll, 51% of Californians are in favor of same-sex marriage, while just 42% oppose it. A slight majority also opposes amending the state constitution to ban same-sex marriage. The pollsters found that the younger you are, the more likely you are to support marriage equality.

Just last week, a poll found that 54% of voters favored changing the state constitution. So this is good news.

Here are the full poll results.

LA Times Marriage Poll

The L.A. Times did a poll on the proposed California constitutional amendment barring same-sex marriage. Right now the people who support the amendment are leading, 54%-37%. Boo. But apparently, “ballot measures on controversial topics often lose support during the course of a campaign,” according to the article.

One interesting fact:

[T]he poll found that views on gay marriage were greatly influenced by personal connections. Of those who said they knew a friend, a family member or a co-worker who was gay, nearly half approved of the court’s ruling — more than twice the proportion among those who said they were not acquainted with a gay person.

The divide was as stark when it came to the proposed constitutional amendment: 70% of voters who said they did not know a gay person would vote for it, a position taken by just 49% of voters who said they knew a gay person.

If you’re a closeted Californian, please come out to your families, friends, and co-workers between now and November. Your fellow gays need you.

CA Chief Justice Interview

The L.A. Times interviewed the Chief Justice of the California Supreme Court, Ronald George, who wrote the majority opinion in the marriage cases.

In the days leading up to the California Supreme Court’s historic same-sex marriage ruling Thursday, the decision “weighed most heavily” on Chief Justice Ronald M. George — more so, he said, than any previous case in his nearly 17 years on the court. …

[A]s he read the legal arguments, the 68-year-old moderate Republican was drawn by memory to a long ago trip he made with his European immigrant parents through the American South. There, the signs warning “No Negro” or “No colored” left “quite an indelible impression on me,” he recalled in a wide-ranging interview Friday.

“I think,” he concluded, “there are times when doing the right thing means not playing it safe.”

Yet he described his thinking on the constitutional status of state marriage laws as more of an evolution than an epiphany, the result of his reading and long discussions with staff lawyers. …

He indicated he saw the fight for same-sex marriage as a civil rights case akin to the legal battle that ended laws banning interracial marriage. He noted that the California Supreme Court moved ahead of public sentiment 60 years ago when it became the first in the country to strike down the anti-miscegenation laws.

California’s decision, in a case called Perez vs. Sharp, preceded the U.S. Supreme Court’s action on the issue by 19 years. Even after that ruling, Californians passed an initiative that would permit racial discrimination in housing. The state high court again responded by overturning the law, George said.

Rather than ignoring voters, “what you are doing is applying the Constitution, the ultimate expression of the people’s will,” George said. …

“When is it that a court should act?” George mused. “When is it that a court is shirking its responsibility by not acting, and when is a court overreaching? That’s a real conundrum. I have respect for people coming out on different sides of this issue.”

George’s reputation for caution is based on the court’s tendency, under him, to decide cases narrowly, refusing to reach issues not necessary to the case at hand. Advocates thrust the central constitutional question of equality for gay people on the court; there was no way to avoid it. …

Santa Clara University law professor Gerald Uelmen, who has closely followed George’s court tenure, said “the biggest surprise” of the marriage ruling was that George favored it. Uelmen said George must have done “some real soul searching.”

The “very carefully written opinion” reflects that George “is very sensitive to how this will be perceived,” Uelmen said. “He realized that this more than any other thing he does as chief justice will define his legacy. He’ll certainly take a good deal of political heat over this.”

Mathew Staver, founder of Liberty Counsel, said he had long expected George to vote against same-sex marriage.

“His change from where I thought he would be is baffling,” said Staver, whose group promotes traditional marriage.

UCLA law professor Brad Sears said, “Definitely what created the majority was George’s support.”

Art Leonard Weighs In

New York Law School professor Art Leonard, who edits the monthly Lesbian/Gay Law Notes, has written a fascinating look at the little-discussed parts of the California marriage decision. Some highlights:

When/if the court’s decision goes into effect, California will be the third largest polity in the world that has embraced marriage equality by allowing same-sex couples to marry. The largest is South Africa, with a population of almost 48 million, then Spain with about 45 million, then California, with about 38 million, followed by Canada, 33 million…

California freely allows out-of-state residents to marry there, regardless of what their home states will do in the way of marriage recognition, so we are likely to see plenty of action as out-of-staters flock to California to marry, then go home and try to assert their rights. Additionally, of course, with a population almost six times as large as Massachusetts and an enormous LGBT community, California will generate an enormous number of married same-sex spouses, some of whom will travel to and through other states, relocate for employment or other reasons, and find themselves embroiled in situations calling for marriage recognition.

[T]he California Supreme Court’s holding that sexual orientation is a suspect classification is really huge, far beyond the marriage issue, because it makes any state policy or practice that discriminates based on sexual orientation presumptively unconstitutional. At one fell swoop, it says that gay public employees in California have the same level of constitutional protection from workplace discrimination on the basis of their sexual orientation that racial minority employees have from race discrimination, for example. (To judge by the cases I see popping up on my regular westlaw searches, this could make a big difference, for example, in pro se litigation by state prisoners challenging homophobic treatment by guards and prison administrators, and could also be used to mount challenges against recalcitrant public school administrators. . .)

There’s more that con law nerds like me will enjoy.

Summary of the California Marriage Decision

Summary of the main opinion in the California marriage decision:

pp. 1-12: intro; summary of the conclusion.

pp. 12-18: history of the litigation, which began in 2004.

pp. 19-22: procedural point on the mootness of a challenge involving a previous stay.

pp. 23-28: history of California marriage statutes from 1849 to 1992.

pp. 28-36: discussion of whether Prop 22, passed in 2000, was intended to ban same-sex marriages from being performed in the state, or just to ban recognition of same-sex marriages performed out of state. The court says: both, therefore this case involves a challenge to Prop 22 as well as to legislatively-enacted marriage statutes.

pp. 36-47: history of California’s domestic partnership legislation as it evolved from 1999 to present.

p. 48: intro to substantive discussion.

pp. 49-51: beginning of discussion of marriage as a fundamental right; the right touches on liberty and privacy/autonomy.

pp. 51-53: The proper scope of analysis is the fundamental right to marry, not the fundamental right to same-sex marriage:

[Plaintiffs] are not seeking to create a new constitutional right — the right to “same-sex marriage” — or to change, modify, or (as some have suggested) “deinstitutionalize” the existing institution of marriage. Instead, plaintiffs contend that, properly interpreted, the state constitutional right to marry affords same-sex couples the same rights and benefits — accompanied by the same mutual responsibilities and obligations — as this constitutional right affords to opposite-sex couples.

pp. 53-66: examination of the nature and substance of the interests that the right to marriage protects. Marriage has both societal and individual benefits.

pp. 66-72: the state constitution guarantees this fundamental right to everyone, regardless of sexual orientation.

pp. 72-79: procreation is irrelevant to the right of marriage. Married couples are not required to have children (pp. 73-77); some couples raise their non-biological children (couples who adopt; same-sex couples) (pp. 77-78); conclusion of fundamental-rights analysis.

pp. 80-82: the word “marriage” is important here because opposite-sex couples have been allowed to use it but same-sex couples have not.

pp. 82-84: beginning of equal protection analysis; what standard of review is appropriate: rational-basis scrutiny (where discriminated party has burden of proof), or strict scrutiny (where discriminator has burden of proof)?

pp. 85-93: same-sex marriage discrimination cannot be considered sex discrimination, so no strict scrutiny on that basis.

pp. 93-95: same-sex marriage discrimination is discrimination on the basis of sexual orientation.

pp. 95-101: sexual orientation discrimination deserves strict scrutiny because it is a suspect classification (first time CA Supreme Court has stated this! yay!).

pp. 101-106: the classification also impinges on a fundamental right, marriage; this is a further reason why strict scrutiny is required.

pp. 106-119: under strict scrutiny analysis, the discrimination — denying same-sex couples the right to marry — is unconstitutional because it is not a necessary classification that furthers a compelling government interest, as follows:

pp. 107-108: the CA constitution does not require that marriage be limited to a man and a woman.

pp. 108-111: courts are not precluded from weighing in on the matter but rather are obligated to do so.

pp. 111-114: laws passed by popular initiative are not exempt from constitutional scrutiny, because a constitution is a higher expression of the people’s will than a popular initiative.

pp. 114-116: historic and well-established nature of the marriage discrimination is not compelling, because values can change over time, as has been shown with other issues.

pp. 116-119: allowing same-sex couples to get married does not harm opposite-sex couples or their children, and it does help same-sex couples and their children; therefore, no compelling interest in marriage discrimation against same-sex couples.

pp. 119-121: what is the proper remedy: deny marriage rights to everyone, or extend marriage rights to same-sex couples? The latter. The marriage limitation as set forth in state law and in Prop 22 falls. State officials are ordered to take all actions necessary to effectuate this ruling.

Quick Thoughts on CA Decision

Some quick thoughts on the wonderful California decision (still reading it):

It took me forever to find the actual decision of the court. I had to skim through the first seven pages before I found something resembling a ruling. Then on the next page it said something about not needing to deal with the word “marriage” and I thought maybe it was more like the New Jersey decision, pro-rights but not mandating the word. Thoroughly confused and figuring I wasn’t going to find anything definitive in the next few pages, I tried to find the end of the opinion but couldn’t (the end is in the middle, as the main opinion is followed by some concurrences/dissents). Finally found the end and realized the good news.

In six months, Californians will likely be voting on a constitutional amendment to ban same-sex marriage. Some people expect a backlash against the court’s decision. Some people, those who are anti-gay or who are against marriage equality for gay couples, will feel angered and energized by the decision and be even more eager to turn out to vote in favor of the amendment. Also, the vote will be happening in the context of the Obama-McCain race on the same day’s ballot; if McCain runs strong in California, this could help get out the Republican vote.

But I think this decision helps those of us on the side of equality more than those on the other side. Over the next six months, gay couples will be marrying in California. And Californians will see that gay couples have gotten legally married and the world hasn’t fallen apart. Just as important, there are many people who might oppose same-sex marriages in theory but who are good at heart, who have empathy for their fellow human beings, and who are not going to want to take marriage away from couples who have already been legally married under the imprimatur of the California constitution. They’re not going to want to tell the children of those couples, sorry, your parents are no longer married. This is different from the legally dicey San Francisco marriages four years ago; this is really and truly legal.

This is really and truly wonderful.

Kerrigan and Mock – When?

Speaking of court decisions on same-sex marriage, what the hell is taking the Connecticut Supreme Court so long? It heard oral arguments in Kerrigan and Mock exactly one year ago yesterday. There’s no way they need a year to decide the case. It’s a travesty of justice.

Unless it’s going to come out the wrong way, in which case… keep taking your time.

Seriously though, in the interests of the justice system, it’s ridiculous that a court can hear a case and then not issue a decision.

CA: Amendment vs. Proposition

Whether or not the California Supreme Court rules in favor of same-sex marriage equality today, Californians will probably be voting this fall on a constitutional amendment to ban same-sex couples’ marriages. Apparently, 1.1 million signatures have been submitted, and only 694,354 need to be found valid in order for the amendment to get on the ballot — about 63% of those submitted.

What I don’t understand is why it’s so easy for Californians to amend their constitution. It merely requires a one-time majority vote by the public — the state legislature has no involvement. The process is exactly the same as for a ballot proposition, except that a ballot proposition requires signatures from 5% of the number of voters in the last gubernatorial election in order to get on the ballot and can be found unconstitutional, while a proposed constitutional amendment requires 8% to get on the ballot and becomes part of the state constitution and therefore by definition cannot be unconstitutional — although whether it violates the U.S. Constitution is another matter.

Under traditional ideas of constitutional theory, this is bad. Amending a constitution is supposed to be harder than passing an ordinary law because constitutional law is supposed to be “higher” than ordinary law. If you can simply amend the constitution by popular vote, what’s the point of having a constitution?

This is particularly troublesome when it comes to individual rights. One of the purposes of a constitution is to protect individual rights from being taken away by a majority. If a majority of Californians can remove a minority’s individual rights through simple popular vote, something is really wrong.

In 2000, a majority of Californians voted in favor of a ballot proposition to ban same-sex marriage. Had it been a constitutional amendment instead of a ballot proposition, the ban would have been enshrined in the state constitution and the California Supreme Court wouldn’t be able to do anything about it today. We’re just lucky that it came up in the form it did.

Student Challenges Bill Clinton on DOMA

At an MTVU forum last week, Smith College journalist Lily Lamboy challenged Bill Clinton on his decision to sign DOMA in 1996. The former president defended DOMA, basically saying that if not for DOMA, there would be a federal constitutional amendment banning same-sex marriage nationwide today.

BC: Let me ask you this: do you believe there will be more or fewer efforts to ban gay marriage constitutionally around the country if a Massachusetts marriage has to be sanctified in Utah?

LL: I –

BC: Yes or no. Answer the question. We live in the real world here.

LL: Sir, I understand. It’s a political backlash.

BC: No, not a political backlash. As a substantive backlash: the lives of gay people. Will there be more or fewer gay couples free of harassment if the law is that every gay couple in America could go to Massachusetts, get married and it would then had it recognized in Utah?

LL: But when is that going to change if you’re not going to set a firm stance.

BC: So you don’t care what the practical implications are?

No mention here of the other part of DOMA, the one that entirely bans federal recognition of an individual state’s same-sex marriages.

Also, Clinton’s argument that he signed DOMA in order to prevent a federal amendment seems like reasoning after the fact. David Mixner, former advisor to Bill Clinton on gay issues who later broke with him, stated last year:

First, [Hillary] Clinton’s claim that DOMA was passed so it could help defeat the Federal Marriage Amendment (FMA) eight years later is absolutely false. As we all know, the FMA wasn’t really a threat until 2002, and the two pieces of legislation had distinctly separate origins. While having DOMA on the books might have been a factor in the FMA’s defeat, it was passed for political reasons in an election year. In fact, after proclaiming to the community how painful it was for him to sign it, President Clinton’s reelection campaign had ads up in the South touting the legislation within two weeks!

Indeed, a federal amendment didn’t appear to be a threat in 1996. It’s not mentioned in this article, “President Would Sign Legislation Striking at Homosexual Marriages” (May 23, 1996):

The White House said today that if Congress passed a bill to deny Federal recognition to same-sex marriages, President Clinton would sign it, although such unions are not yet legal in any state. The announcement, intended to remove any potential controversy with Republicans over a divisive social issue, infuriated gay rights groups…

Mr. Clinton has long opposed the concept of same-sex marriage, and his spokesman, Michael D. McCurry, hinted broadly last week that the President would sign the “defense of marriage” act co-sponsored by his presumptive Republican rival, Senator Bob Dole of Kansas. The bill, which has not yet passed either house, would define marriage as the union of one man and one woman, and would deny Federal pension, health and other benefits to same-sex couples.

A federal marriage amendment isn’t mentioned in any of the other DOMA articles in the Times in 1996 either.

In October 1996, the Times reported on a Clinton ad touting the fact that he signed DOMA:

In a radio advertisement aimed at religious conservatives, the Clinton campaign is showcasing the President’s signature on a bill banning gay marriages in spite of earlier White House complaints that the issue amounted to ”gay baiting.”…

Mr. Clinton signed the law early on a Saturday morning, minimizing news coverage. He said he had long agreed with the principles in the bill but hoped it would not be used to justify discrimination against homosexuals…

The Dole campaign was critical. ”This is a President who signed the Defense of Marriage Act in the middle of the night so it wouldn’t be news, but now he does paid advertising to promote it,” said a Dole spokesman, Gary Koops. ”This is a President who has never supported any restriction on abortion, but now, 20-plus days before the election, he does ads touting the fact that he now says he supports restrictions.”

Clinton wasn’t trying to prevent a federal marriage amendment. He was trying to get reelected. And as John Aravosis pointed out last year, it wasn’t the last time he supported using gays as a wedge issue.

Van Cappelle, Spitzer

Queerty interviews Alan Van Capelle, executive director of Empire State Pride Agenda, on the fall of Eliot Spitzer, the rise of David Paterson, and the outlook for equal marriage in New York State. Worth reading in its entirety. Here are some excerpts.

On politicians and the gay community:

Somehow people say [of elected officials], “They’re friends of our community because they came to our dinner or spoke to our crowd”. There’s also, “Well, they’re a friend of our community because they voted on a bill, but they didn’t sponsor it and these are our friends”. I think we’ve lowered the bar for what friends are, but even if we raised the bar ten times where it should have been, the fact that Spitzer became the first governor in the country to introduce marriage equality legislation absolutely means something.

On how introducing a marriage equality bill helped us:

We would never have gotten a vote in the Assembly for marriage equality had the Governor not made this a program bill and a priority for his administration. Had Governor Spitzer not introduced marriage equality bill, we wouldn’t have had a bill in the Assembly, a bill that had the weight of the executive behind it, we wouldn’t have had a vote and wouldn’t be 2/3 of the way to winning 1,324 rights in New York. I know people who personally voted for the bill because Governor Spitzer sent it out as a program bill. I know that for a fact, because before the bill was introduced, we had 35 on the record supporters for marriage equality and when we introduced the bill, we suddenly picked up more sponsors.

On Paterson’s pro-LGBT views:

[T]his is a guy with whom I sat with last year on countless evenings going over with him a list of Assembly members who were either on the fence or had a soft “no,” and he would help me and the Pride Agenda press strategies where we went to individuals. Paterson would say, “Okay, this person said ‘yes’? Let me call them tomorrow and make sure that’s a real yes or a soft yes”.

On the day of the vote, which I have never seen in my history at Albany, the Lt. Governor showed up on the floor 45-minutes before the Assembly debate and personally talked to the people who supported the bill and then came up to the gallery to talk to the gay community and tell them he had our backs. That had never happened before in a decade that I’ve been going up to Albany. It was really incredible.

On how he feels about Spitzer now:

… LGBT New Yorkers are not only part of an LGBT community, but we’re also New Yorkers, so when I’m wearing my LGBT hat, then, yes, he’s absolutely delivered to our community. But I’m also a New Yorker, so if these allegations are true, I’m really angry that our Governor did this. I don’t think – if he’s proved to have done money laundering and other stuff he could be charged with, I don’t think that’s necessarily somebody we want to be with. No one’s saying he’s not a friend of our community.

Paterson and LGBT Rights

New York Lieutentant Governor David Paterson, who would become governor if Spitzer resigned, “has typically been ahead of his time on gay issues over the years,” according to The Advocate.

Paterson has been on record in support of marriage equality as early as 1994. When Paterson was asked if he would take part in pushing through the marriage bill following his inauguration in January 2007, he told the New York Blade , “I’m not going to be in that fight — I’m going to be in front of that fight because my first day as [senate minority leader] was the day we passed the Sexual Orientation Non-Discrimination Act. One of the reasons we need same-sex marriage is because the statistics for heterosexual marriage are so bad; that might be a way to upgrade some of the success rates.”

As far back as 1987, Paterson refused to pass a state hate-crimes bill that didn’t provide protections for gays and lesbians. “He was willing to let everything go down rather than to exclude us,” Sherrill recalled.

Ultimately, LGBT leaders with knowledge of New York’s political landscape suggested that a Spitzer resignation might be work in the community’s favor.

“If Spitzer resigns, it might be a blessing in disguise from an LGBT agenda point of view,” said the anonymous source. “Spitzer would likely be damaged goods whereas Paterson won’t have that baggage.”